Any amendment proposed by Bar Council of India in the Rules shall be carried through consultation with the Universities and the State Bar Councils by way of circulation of the proposal to the Universities and the State Bar Councils for the written submission within the scheduled notified date and after consideration of such written submission on merit. The Legal Education Committee/Bar Council of India shall on consideration of the representation finalise the said amendments, which shall come into force by way of notification in the website. The Bar Council of India shall also send the hard copy of notification to the Universities:
Provided that any provision in the Schedule may be amended by the Bar Council of India on the recommendation of the Legal Education Committee and the same shall also be notified in the website of the BCI for enforcing the provision.
SCHEDULE I
List of Indian Universities and its approved Centres of Legal Education, whose degrees in law are recognized for enrolment
I. National Law School of India University, Bangalore
II. The West Bengal National University of Juridical Sciences, Kolkata
III. National Law University, Bhopal
IV. National Law University, Jodhpur
V. NALSAR University of Law, Hyderabad
VI. Gujarat National Law University, Gandhinagar
VII. Hidayatullah National Law University, Raipur
VIII. National University of Advanced Legal Studies, Kochi
IX. Ram Manohar Lohia National Law University, Lucknow
X. Rajiv Gandhi National University of Law, Patiala
XI. Chanakya National Law University, Patna
XII. National Law University, Delhi
SCHEDULE II
Academic standards and courses to be studied
1. Medium of instruction: English shall be the medium of instruction in both the integrated five year and three year courses. However if any University and its any CLE allows in full or in part instruction in any language other than English or allows the students to answer the test papers in the periodical and final semester tests in any regional language other than English, the students have to take English as a compulsory paper.
2. University's responsibility: A University is free to design its academic program under LL.B. and LL.B. Honours course as well as program under the integrated degree program in Bachelor degree component as well as the LL.B. component with or/and without Honours course. However, LL.B. courses shall include the courses as stipulated under this schedule.
3. Total subjects in liberal discipline in integrated stream: In integrated stream of Arts & Law, Science & Law, Management & Law, Commerce & Law, etc as the case may be, one has to take one major subject and two minor subjects or such number of compulsory paper/subject and such optional with or without Honours in Law, as the case may be, from the specified area in addition to English, as may be prescribed by the University concerned.
The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE or any other respective authority for any stream of education.
4. Total Number of papers (subjects) in law to be offered in both the streams as under:
Law subjects (papers) in both the streams
(a) For regular law courses either in the three years' unitary stream or under the integrated double degree stream, students have to take not less than twenty eight papers (subject) in all, which shall include eighteen compulsory papers, four clinical papers and six optional papers from among the list of optional papers under this Schedule and also of any additional papers prescribed by the University from time to time.
(b) For specialized and/or honours course, a student has to take not less than thirty six papers in all, which shall include eighteen compulsory papers, 22 Bar Council of India four clinical papers, six optional papers and eight papers in specialized/honours course in any Group as stipulated below. However if eight papers are taken from multiple of groups, honours can be given in general law without mentioning any specialization.
Example. A has taken eight honours papers selected as follows: two from Constitutional Law, three from Business Law, one from International Law and two from International Trade Law, his Honours shall be in Law. B takes eight papers from Constitutional Law group, his honours shall be mentioned in Constitutional Law.
5. Curriculum Development Committee (CDC): The Bar Council of India may, from time to time, appoint Curriculum Development Committee (CDC) to design various courses in both liberal discipline and law. The CDC in designing such courses shall, with benefit, take into account the Report on various subjects submitted to UGC or AICTE by its Curriculum Design Committees. Universities are free to use the CDC Report of UGC/AICTE in liberal disciplines including science, arts, fine arts, commerce, management, engineering, technology and other branches of knowledge, in designing the integrated course in Law and Arts, Law and Science, Law and Finance, Law and Commerce, Law and Engineering, Law and Management etc. as the case may be.
6. Course outline in the two streams of Legal Education:
Part I: Courses in liberal discipline in Integrated Five Year Course:
(1) Undergraduate course-component for integrated Five Years' course:
(a) In Social Science and Language (For B.A., LL.B.): One major subject with two minor, besides, English is compulsory subject. Students are expected to learn at least one Foreign or Indian Language. There shall be 6 papers in major and three papers each in minor and in languages.
Example. One can take Philosophy as major with political Science and Sociology as minor. One can take Economics as major and Political Science and Mathematics as minor. Similarly one can take English as major and Political Science and History as minor, so on so forth. However in the initial years the choice of subjects may be restricted. In the current years courses offered would be Economics, Political Science, Philosophy, Journalism & Mass Communication and History. English can also be taken as major. Other languages offered shall be notified at the time of admission. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.
(b) In Science (For B.Sc, LL.B.): Major and minor papers shall be in science subjects offered. Provision for language shall remain same. In the current year subjects offered are Physics, Chemistry, Bio-Science, Mathematics, Environmental Science and Geological Science. Choice can be restricted on the availability of faculty. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.
(c) Business Management (For BBA, LL.B.) Major and Minor subjects or Compulsory and Optional subjects/papers may be taken from the following papers/subjects such as Business Communication, Business Mathematics, Quantitative Analysis, Business Statistics, Business Environment, Accounts and Finance, Management Theory and Practice, Human Resource Management, and Marketing Management. Language policy shall remain same. However one can take English as major or minor, where there is a system of major and minor, with other management subjects. University are advised to design the course looking into the course and standard prescription, if any by AICTE or UGC as the case may be.
(d) In Commerce (leading to B.Com, LL.B.: Major and minor courses are to be selected from the list of subjects like Accounts, Advanced Accounting, Secretarial Practice, Business Administration, Management Accounting, Audit Practice etc. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.
The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE and any other respective authority for any stream of education.
Part II (Law papers common to both the streams)
(A) Compulsory subjects in legal education component in both the streams (Paper 1 to 20) University is free to design any subject in one or more than one papers where more papers are not stipulated:
1. Jurisprudence (Legal method, Indian legal system, and basic theory of law).
2. Law of Contract
3. Special Contract
4. Law of Tort including MV Accident and Consumer Protection Laws
5. & 6. Family Law (2 papers)
7. Law of Crimes Paper I: Penal Code
8. Law of Crime Paper II: Criminal Procedure Code
9. & 10. Constitutional Law (two papers)
11. Property Law
12. Law of Evidence
13. Civil Procedure Code and Limitation Act
14. Administrative Law
15. Company Law
16. Public International Law
17. Principles of Taxation Law
18. Environmental Law
19. & 20. Labour and Industrial Law (2 papers)
Part II (B) Compulsory Clinical Courses (Papers 21 to 24 as following):
21. Drafting, Pleading and Conveyance
Outline of the course: (a) Drafting: General principles of drafting and relevant substantive rules shall be taught
(b) Pleadings:
(i) Civil: Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India.
(ii) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.
(iii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed
(iv) Drafting of writ petition and PIL petition
The course will be taught class instructions and simulation exercises, preferably with assistance of practising lawyers/retired judges.
Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks (3 marks for each exercise) remaining 10 marks will be given for viva voice.
22. Professional Ethics & Professional Accounting system
Outline of the course: Professional Ethics, Accountancy for Lawyers and Bar-Bench Relations
This course will be taught in association with practising lawyers on the basis of the following materials.
(i) Mr. Krishnamurthy Iyer's book on Advocacy
(ii) The Contempt Law and Practice
(iii) The Bar Council Code of Ethics
(iv) 50 selected opinions of the Disciplinary Committees of Bar Councils and 10 major judgments of the Supreme Court on the subject
(v) Other reading materials as may be prescribed by the University
Examination rules of the University shall include assessment through case-study, viva, and periodical problem solution besides the written tests.
23. Alternate Dispute Resolution
Outline of the course:
(i) Negotiation skills to be learned with simulated program
(j) Conciliation skills
(k) Arbitration Law and Practice including International arbitration and Arbitration rules.
The course is required to be conducted by senior legal practitioners through simulation and case studies. Evaluation may also be conducted in practical exercises at least for a significant part of evaluation.
24. Moot court exercise and Internship:
This paper may have three components of 30 marks each and a viva for 10 marks.
(a) Moot Court (30 Marks). Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.
(b) Observance of Trial in two cases, one Civil and one Criminal (30 marks):
Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.
(c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks):
Each student will observe two interviewing sessions of clients at the Lawyer's Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.
(d) The fourth component of this paper will be Viva Voce examination on all the above three aspects. This will carry 10 marks.
Part II (C): Not less than six papers from any of the following groups (paper 25 to 30) However a University is free to take only a few common options for the purpose of LL.B. course without any specialization:
Constitutional Law Group
Legal Philosophy including theory of Justice
Indian Federalism
Affirmative Action and Discriminative Justice
Comparative Constitution
Human Right Law and Practice
Gender Justice and Feminist Jurisprudence
Fiscal Responsibility & Management
Local Self Government including Panchayet Administration
Right to Information
Civil Society & Public grievance
Government Accounts & Audit
Law on Education
Media & Law
Health Law
Citizenship & Emigration Law
Interpretation of Statutes and Principle of Legislation
Legislative drafting
Business Law Group
Law and Economics
Banking Law
Investment Law
Financial Market Regulation
Foreign Trade
Law of Carriage
Transportation Law
Insurance Law
Bankruptcy & Insolvency
Corporate Governance
Merger & Acquisition
Competition Law
Information Technology Law
Direct Taxation
Indirect Taxation
Equity and Trust
Law on Project Finance
Law on Corporate Finance
Law on Infrastructure Development
Special Contract
International Trade Law
International Trade Economics
General Agreement on Tariff & Trade
Double Taxation
Dumping and Countervailing Duty
Trade in Services & Emigration Law
Cross Border Investment
Agriculture
Dispute Resolution
International Monetary Fund
Trade in Intellectual Property
International Banking & Finance
Crime & Criminology
Criminal Psychology
Forensic Science
International Criminal Law
Prison Administration
Penology & Victimology
Offences Against Child & Juvenile Offence
Women & Criminal Law
IT Offences
Probation and Parole
Criminal Sociology
Comparative Criminal Procedure
Financial and Systemic Fraud
White Color Crime
International Law
International Organization
International Human Rights
Private International Law
International Environmental Law
IMF & World Bank
Regional Agreement & Regionalization
Uncitral Model Codes
International Labour Organization & Labour Laws
International Dispute Resolution Bodies
Maritime Law
Law of the Sea and International River
Humanitarian and Refugee Law
International Criminal Law and International Criminal Court
Law & Agriculture
Land Laws including Tenure & Tenancy system
Law on Agriculture Infrastructure: seed, water, fertilizer, pesticide etc.
Law on Agricultural Finance
Law on Agricultural Labour
Agricultural Marketing
Farming & Cultivation
Farmer and Breeders' Right
Cooperative and Corporatization of Agriculture
Dispute Resolution and Legal aid
Agricultural Insurance
Law on SMEs on agricultural processing and rural industry
23[Animal Protection Laws as optional paper]
Intellectual Property Law
Patent Right creation and Registration
Patent Drafting and Specification Writing
IPR Management
Copyright
Trade Mark and Design
Trade Secret and Technology transfer
Other Forms of IPR creation and registration
IPR Litigation
IPR Transactions
Life Patent
Farmers and Breeders right
Bio Diversity protection
Information Technology
IPR in Pharma Industry
IPR in SMEs
University's power for additional subject/group:
Provided that a University/School may add to the above list of subjects as well as a New Group of subject specialization with such papers as may be stipulated from time to time. Students in the general law course have to take not less than six papers from any three or more groups.
Part III (Only For Honours course in Law)
In case of specialization or honours in any group, one has to take at least eight papers from one group over and above six optional papers in other groups (Papers 29 to 36).
Freedom to University
University may restrict Groups and/or subjects in a group for offering options based on availability of faculty and other facilities.
Example
A University may follow the outline of the following course design (in integrated course)
First Semester: 20 weeks
General English
Major Subject in BA/B.Sc./B.Com/BBA etc(Paper 1)
Minor I (Paper 1)
Minor II (Paper 1)
Law of Tort
Law of General Contract
Second Semester: 20 weeks
English Literature
Major Subject (Paper 2)
Minor 1 (Paper 2)
Minor II (Paper 2)
Constitutional law of India
Legal Method
The arrangement of subjects in 5 years' integrated course shall be as follows:
| First Semester: |
4 (First degree papers) |
+ 2 (Law papers) |
| Second Semester |
4 (do) |
+ 2 (do) |
| Third Semester |
3 (do) |
+ 3 (do) |
| Fourth Semester |
3 (do) |
+ 3 (do) |
| Fifth Semester |
2 (do) |
+ 4 (do) |
| Sixth Semester |
2 (do) |
+ 4 (do) |
| Seventh Semester |
1 (do) |
+ 4 (do) |
| Eighth Semester |
1 (do) |
+ 4(do) |
| Ninth Semester |
|
5(do) |
| Tenth Semester |
|
5(do) |
| 20 papers (including honours papers) 36 papers (including honours papers) |
# For Pass course one has to offer only
14 papers in liberal discipline and 28 courses in Law
Three Year Course
First Semester: Law of Tort, General Contract, Constitutional Law, Property Law, Indian Penal Code
Second Semester: Special Contract, Administrative Law, Family Law-1,
Criminal Procedure Code, Civil Procedure Code, Evidence Law
Detailed course design may be supplied during admission.
SCHEDULE III
Minimum infrastructural facilities required in a Centre of Legal Education for applying permission to run law courses with affiliation from an Indian University
Physical infrastructure
1. Definition. Institution means a Centre of Legal Education (CLE).
2. Minimum Capital Fund requirement. Each Centre of Legal Education before seeking affiliation with a University and approval of Bar Council of India of the same shall have a minimum capital fund requirement of Rupees ten lakh to be kept into a Bank account to be used for any future exigencies and development of the Institution. The Account is to be jointly operated by the Secretary or Principal with the Registrar of the University or his authorized agent.
3. Freehold or Leasehold Property: Each Centre of Legal Education providing education in law either in the Department of law of a University or its constituent or affiliated college must have either on freehold or on long leasehold land adequate to provide academic buildings, library, indoor and outdoor sports facilities, halls of residences for male and female students separately, as the case may be, in the name of the Centre of Legal Education or organization running the Centre of Legal Education. However, lease in the name of the Centre of Legal Education shall be for a period of not less than ten years. What is the adequate space for the said purpose shall be decided by the respective authority of the University under its affiliation regulation and as guided by the UGC.
Provided that sufficient land and adequate floor space area completely and exclusively devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement infrastructure facilities, Library space requirement, indoor and outdoor games facilities and other requirements can be considered sufficient accommodation in compliance with this clause, for the purpose in a multi-faculty Institution on land possessed by the Management of a Society/Trust/Non Profit Company running multi-faculty institutions in a metropolitan or in a class 1 city.
4. Academic Building: There shall be the academic building to provide separate class rooms for general class for each section sufficient to accommodate sixty students as per the requirement of per student floor space as specified by the University Grants commission or such other standard setting body like AICTE and also such other rooms for tutorial work, moot court room exercises, common room for male and female students and adequate library space for keeping books, periodicals, and journals. The library shall also have adequate reading space for at least 25% of the enrolled students according to per capita reading space specified by any standard setting bodies like UGC.
5. General timing for conduction of courses in Academic Building: Classes may be conducted between 8 a.m. to 7 p.m. in an Institution, which is not fully residential. However the Library may remain open till 10 p.m.
5-A. Size of a section: The Inspection Committee may approve for admission in each of the section of a class for not more than 60 students and may allow a minimum of two sections in each class but not more than five sections in one class (such as First Year or Second Year or Third Year, etc) as the case may be unless there is any exceptional reason for granting more sections in a Class, such a reason has to be specified by the inspection Committee.
6. Library Building: There shall be adequate space in the library for computer facility with access to internet and national and international library access and data bases.
7. Games Facilities: There shall be facilities for indoor and outdoor facilities for games and sports.
8. Halls of residence: There may be facility required for halls of residence separately for males and females students constructed on the direction and specification by UGC or any such other standard setting body for affiliating an Institution.
9. (a) Laboratories: Institutions running integrated law program shall have adequate laboratory facilities in various courses of studies, if offered in the curriculum for Science, Engineering and technology courses along with law courses. The standard of such laboratory, per capita space, equipments, supplies, and other facilities shall be as specified by the UGC or any such other standard setting and regulatory bodies for the purpose of affiliation of such an Institution.
(b) Computer Education to be made compulsory for all the students.
10. Organization structure of an Institution: Affiliated Centres of Legal Education can be run by a Non-profit organization, like a Public Trust, Societies registered under Union or State law, or a Non Profit Company. All properties, assets, and the academic and academic support services shall be required to be recorded in the name of the Institution.
11. Legal Aid Centre: Each institution shall establish and run a Legal Aid Clinic under the supervision of a Senior Faculty Member who may administer the Clinic run by the Final year students of the Institution in cooperation with the Legal Aid Authorities with list of voluntary lawyers and other Non-Government Organizations engaged in this regard in the locality generally from which the student community of the Institution, hail from.
12. All Bank account or accounts and Funds of the Institution shall be jointly operated by the Manager/Secretary designated by the Trust, Society, or the Non-Profit Company, as the case may be, with the Head of the Institution.
13. All Records of the Institution including financial, academic and other organizational records and the meeting proceedings shall be kept in safe custody by the Head of the Institution in the Office of the Institution and shall remain accessible to all authorities and Inspection teams.
14. Copy of Affiliation Rules of the University: All affiliating Universities would be required to forward a copy of the Affiliation Rules and affiliation order to the Bar Council of India before an Inspection of the University including any of its affiliated Centres of Legal Education.
Academic infrastructure
24[15. Minimum Library requirement: To start with, a Law Library shall have a set of AIR manual, combo offer of C.D. of AIR Pvt. Ltd. containing electronic version of AIR, Cr. L.J., Central Acts and Local Acts, Criminal Law Journal, SCC, Corporate Law Advisor, Company Cases, Indian Bar Review, selected Judgments on Professional Ethics and Journals with the back volumes for at least ten years and also such number of text books in each subjects taught during the period according to the minimum standard ratio of ten books for each registered students. For running integrated program, text books of such other subjects are also to be kept in the similar minimum ratio. The minimum investment in Library in each academic year shall be Rupees Fifty thousand for one stream and Rupees One Lakh for both the streams.]
16. Whole time Principal/Head/Dean: There shall be a Principal for each constituent or affiliated Centre of Legal Education of a University and a Dean for the University Department, who shall have minimum prescribed qualification in law as prescribed by the UGC for respective position like Principal of a Centre of Legal Education or a Professor of Law to hold Deanship, as the case may be.
17. Core Faculty: There shall be sufficient number of full time faculty members in each Centre of Legal Education (i.e., Department, constituent or affiliated college) to teach each subject at all point of time for running courses who can be supported by part time or visiting faculty. Such a core faculty shall in no case be less than six in the first year of the approval with both streams in operation, eight in the second year and ten in the case of third year of law courses. In addition, for the integrated course there shall be adequate faculty in the subjects offered in the liberal educational subjects as part of the course by the institution. These faculties in the liberal educational discipline in Arts, Science, Management, Commerce, Engineering, Technology or any other discipline shall possess qualification as is required under the UGC guideline or under such other standard setting body as the discipline is allotted to by any Act, statute, or Rules of the Government of India or of a State.
For the Three Year Bachelor of Law degree course only with two sections without the Honour program, there shall be minimum of 4 core faculty in the first year six in the second and eight in the third year in addition to the Principal/Head or Dean as the case may be.
Provided that an institution intending to run any specialized or honours course must have at least three faculty in the group in which specialization and honours courses are offered.
Provided further that each full time faculty shall take as many classes in the subject or subjects as may be assigned to them on the basis of standard prescribed by the standard setting institution like UGC.
Provided further, if any institution of a University, which was already affiliated to the University and approved to run professional courses of either scheme or both by the Bar Council of India after inspection of the University, falls short of required full time faculty, the new admission in courses may be required to remain suspended until new required number of faculty is procured.
The University shall before starting a new academic session, notify which institutions are only be allowed to admit fresh students.
Provided further that if while inspecting the University it was found that in any institution of the University adequate number of full time faculty was not there in the staff, the Bar Council after giving notice to the University might give a public notice directing the University not to admit students in the new academic year in that institution.
18 Minimum weekly class program per subject (paper): There shall be for each paper (with 4 credit) Four class-hours for one hour duration each and one hour of tutorial/moot court/project work per week.
19. Examination rule guideline: The examination shall ordinarily be held at the end of every semester. The University shall, however, be at liberty to hold examination quicker frequency on continuing basis. Suitable allocations of subjects for each semester program, as the case may be, shall be planned by the University and the same shall be intimated to the Bar Council of India along with the Examination Rules adopted by the University concerned.
20. Minimum qualification needed for the Faculty: Full-time faculty members including the Principal of the Centre of Legal Education shall be holders of a Master's degree or as prescribed by UGC or other such standard setting bodies.
However faculty for teaching clinical program may be appointed from the retired judicial officers or from the Bar, a person with professional experience for a minimum period of 10 years. Visiting faculty from the Bar, bench or academy shall have a minimum experience of 10 years.
21. Teaching load: The teaching load of full-time and part time teachers shall be according to the norms prescribed by the U.G.C. from time to time.
22. Salary scale: The salary paid to the Principal shall be according to the scales recommended by the U.G.C from time to time with other benefits. Core Full Time Faculty shall ordinarily be given usual UGC scale.
An Institution may however have faculty whose remuneration is based on contract provided the remuneration is comparable with or more favorable to the faculty in comparison with the UGC Scale and salary shall be paid through account payee cheque.
23. Standard Academic practice: The Bar Council of India may issue directives from time to time for maintenance of the standards of Legal Education. The Centre of Legal Education/University has to follow them as compulsory.
24. The Questionnaire specified in Schedule VI & VII and as amended from time to time, is to be responded to by the applicant for approving an affiliated institution by the Bar Council of India under the Rules, which shall be deemed to be directive issued under this Rule. The questionnaire shall be submitted with the application for initial inspection with such other particulars, documents and fees as may be prescribed.
25. Minimum Period of Internship: (a) Each registered student shall have completed minimum of 12 weeks internship for Three Year Course stream and 20 weeks in case of Five Year Course stream during the entire period of legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government and other such bodies as the University shall stipulate, where law is practiced either in action or in dispute resolution or in management.
Provided that internship in any year cannot be for a continuous period of more than Four Weeks and all students shall at least gone through once in the entire academic period with Trial and Appellate Advocates.
(b) Each student shall keep Internship diary in such form as may be stipulated by the University concerned and the same shall be evaluated by the Guide in Internship and also a Core Faculty member of the staff each time. The total mark shall be assessed in the Final Semester of the course in the 4th Clinical course as stipulated under the Rules in Schedule II.
26. District-wise list of Senior Lawyers willing to guide students under internship: The State Bar Councils shall be required to prepare a list of suggested Senior Advocates District-wise with at least ten years experience who are willing to take under internship students during the vacation period. The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship in the web-site as well as make the list available with the Institutions.
27 Formal Dress Code during internship: Students placed under internship or in moot court exercise shall have formal dress of legal professional in pupilage as follows:
(For all) White/Black trouser, white shirt, black tie, black coat, black shoe and black socks. When students have problems of getting the entire formal dress for any reason, they have to have a white trouser, full sleeve shirt to be tucked in and covered shoe.
(Optional for Girl students) Black printed sharee, with white full sleeve blouse and covered black shoe or Lawyer's Suit with black covered shoe.
The Organization or Advocate under whom the internee is placed is required to follow suitable dress code.
28. Age on admission: (a) Subject to the condition stipulated by a University on this behalf and the high degree of professional commitment required, the maximum age for seeking admission into a stream of integrated Bachelor of law degree program, is limited to twenty years in case of general category of applicants and to twenty two years in case of applicants from SC, ST and other Backward communities.
(b) Subject to the condition stipulated by a University, and the general social condition of the applicants seeking legal education belatedly, the maximum age for seeking admission into a stream of Three Year Bachelor Degree Course in Law, is limited to thirty years with right of the University to give concession of 5 further year for the applicant belonging to SC or ST or any other Backward Community.
SCHEDULE IV
Inspection and other fees
N.B. All fees are payable in bank draft payable to the Bar Council of India at New Delhi.
| (i) |
Initial/Regular inspection fees: |
Rupees one lakh |
| (ii) |
Accreditation Assessment Fees |
Rupees two lakh |
| 25[(iii) |
Guarantee for fulfilling all the Rupees five lakh norms of the Bar Council of India Explanation: 1. 2. 3. Whenever approval of affiliation is granted to the Centres of Legal Education, it shall be necessary for the Centres of Legal Education to deposit Rupees Five Lakhs in shape of guarantee to fulfill all the norms of the Bar Council of India. The same shall be liable to be forfeited if norms are not complied with and same shall carry no interest.] |
| (iv) |
Uniform Identity Number (to be collected by the Institution and to be sent to the Bar Council of India with such particulars as may be prescribed) |
Rs one hundred for each student |
| (iv) |
Uniform Identity Number and Central data |
Rs two hundred for (For Faculty members) each faculty |
Explanation.
1. Each institution requiring inspection, initial or regular, by the Inspecting Committee of the Bar Council of India shall and pay inspection fee of rupees one lakh or any other sum as may be stipulated by the Bar Council of India from time to time in a draft payable to Bar Council of India at New Delhi along with submission of application Form.
2. Whenever approval of affiliation is granted to the Centres of Legal Education, it shall be necessary for the Centres of Legal Education to deposit Rupees Two Lakh in the shape of guarantee to fulfill all the norms of the Bar Council of India. The same shall be liable to be forfeited if norms are not complied with and same shall carry no interest.
3. Any institution seeking accreditation from the Bar Council of India shall pay an accreditation fee of Rupees two lakh or such fee as may be prescribed.
SCHEDULE V
List of Foreign Universities whose degrees is recognized by the Bar Council of India under Section 24(1)(c)(iii) in the Advocates Act, 1961
As on 18th May, 2012
Conditions. The Degrees in law from the following Universities abroad enjoy recognition by the Bar Council of India provided:
(i) The students have undergone a regular law course after graduation in the pattern of 10+2+3+3 or a 5 year course in the pattern of 10+2+5.
(ii) The following conditions are applicable for Universities which are marked with * in the list given under United Kingdom
(a) Three years' LLB degree only if taken after a three years' bachelor degree course in any subject (that is after obtaining BA/BSc/BCom/BBA); or
(b) Three Years' LL.B. course followed immediately by 1 year whole time LPC/BVC and followed by a contract of service with a Law Firm for two years to be entitled to be enrolled as a solicitor or take pupilage for a year in a Chamber of a qualified Barrister to be a Master, or
(c) Four Years' of LLB jointly with another subject like Finance, Accounts, Management or a Language to be immediately followed by one year full time LPC/BVC from a College of Inns of courts/Solicitors Society or a Master degree in Law.
| Sl. No. |
Country Name |
Name of the University |
Resolution Number |
Degrees in Law |
| 1. |
AUSTRALIA |
1. University of Melbourne |
Item. No. 83/2001(LE) LE Mtg. 5th Oct., 2001. |
LL.B. Degree |
| 2. Nathan Campus, Griffth University, Brisbane |
74/2006 |
LL.B. three year Degree |
| 3. School of Law, Bond University, Gold Cost |
74/2006 |
LL.B. three year Degree |
| 4. Queensland University of Technology, Brisbane |
74/2006 |
LL.B. three year Degree |
| 5. The University of South Wales, Sydney |
74/2006 |
LL.B. three year Degree |
| 6. The Australian National University, Canberra |
74/2006 |
LL.B. three year Degree |
| 7. University of Adelaide |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 8. University of Flinders |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 9. University of Monash |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 10. University of Southern Cross |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 11. University of Sydney |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 12. University of Tasmania |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 13. University of Technology Sydney |
Item No. 24/2009 (LE) |
LL.B. Degree |
| 2. |
BANGLADESH [Erstwhile East Pakistan and now Bangladesh] |
1. Rajashahi University |
48/1965 |
Degree in Law |
| 2. DACCA University |
48/1965 |
Degree in Law |
| 3. Chittagong University |
11/1976 (LE) |
LL.B. Degree |
| 3. |
CANADA |
1. Saskat Chewan University |
82/1982 |
LL.B. Degree |
| 2. University of Alberta |
102/1991 |
LL.B. Degree |
| 3. University Of Windsor, Ontario |
Item. No. 23/2006(LE) |
LL.B. Degree |
| 4. |
MYANMAR [Erstwhile Barmah] |
1. Rangoon University |
a. 45/1965 b. 105/1972 c. 79/1973 |
Degree in Law (prior to 4.1.48) B.L. Degree (taken in 1957) Degree in Law |
| 5. |
NEPAL |
1. Tribhuvan University |
a. 38/1966 b. 162/1967 c. 26/1976 (LE) d. 5/1978 (LE) e. Item. No. 19/1987 (LE) |
Law Degree Law Degree Law Degree Law Degree LL.B. Degree |
| 6. |
PAKISTAN |
1. Karachi University |
46/1971 |
LL.B. Degree |
| 2. Punjab University, Lahore |
76/1966 |
Degree in Law |
| 3. University of Sind |
100/1969 |
Degree in Law |
| 7. |
POLAND |
1. University of Staphen Batroi, Irwilus |
17/1974 |
Master of Law (Magister Juris) |
| 8. |
SINGAPORE |
1. University of Singapore |
100/1969 |
Degree in Law |
| 9. |
SOUTH KOREA |
1. Handong International Law School, Handong Global Uni-versity, Pohang, South Korea |
Item No. 55/2007(LE) |
Master of Law Degree |
| 10. |
UGANDA |
1. Makarere University, Kampala |
18/1974 |
LL.B. Degree |
| 11. |
UNITED KINGDOM |
1. Buckingham University |
68/1993 |
LL.B. Degree |
| 2. City University Of London |
96/1980 |
Diploma in Law |
| 3. Council for National Academic Awards |
86/1978 & 14/1990 |
B.A. Degree in Law. & LL.B (Hons.) Degree |
| 4. Hull University |
21/1990 |
LL.B. Degree |
| 5. Inns of Courts School of Law |
68/1978 |
Three year law course |
| 6. Leeds University |
41/1972 |
LL.B. Degree |
| 7. Leicester University |
Item. No. 56/2001(LE) Le. Mtg. 31st May & 1st June, 2001 |
LL.B. Degree |
| 8. London University |
a. 4A/1970, 37/1983 b. 15/1990 |
LL.B. Degree LL.B. Degree (External) Prior to 10th & 11th February, 1990 |
| 9. Oxford University |
116/1969 |
LL.B. Degree |
| 10. Cambridge University |
116/1969 |
B.A. Degree in law |
| 11. Thames Valley University |
47/2000 |
LL.B (Hons.) Degree |
| 12. University of Wales College Of Cardiff |
a. 17/1988 b. 21/1991 (modification of 17/1988) |
LL.B. Degree LL.B. Degree |
| 13. University of Brimingham |
14/1990 |
LL.B. Degree |
| 14. University of Lancaster |
14/1990 |
LL.B. Degree |
| 15. University of Heartfordshire |
43/2000 |
LL.B. (Hons.) Degree |
| 16. University of Durham |
46/2000 |
LL.B. Degree |
| 17. University of Liverpool |
19/2011 |
LL.B. Degree |
| 18. University of Warwick |
Item No. 27/2001 (LE) LE Mtg. 30.03.2001 |
LL.B. Degree |
| 19. University of Bristol |
Item No. 24/2006 (LE) |
LL.B. Degree |
| 20. East Anglia University |
Item No. 38/2006 (LE) |
LL.B. (Hons.) Degree |
| 21. Nottingham University |
Item No. 108/2007 (LE) |
LL.B. (Hons.) Degree |
| 22. University of Manchester |
Item No. 7/2008 (LE) |
LL.B. Degree |
| 23.* Bangor University |
Item No. 21/2008 (LE) |
LL.B. Degree |
| 24.* Kingston University, London |
Item No. 43/2008 (LE) |
LL.B. Degree |
| 25.* University of Wolverhampton School of Legal Studies |
Item No. 44/2008 (LE) |
LL.B. (Hons.) Degree |
| 26.* School of Law, University of Sheffield, UK. |
Item No. 45/2008 (LE) |
LL.B. (Hons.) Degree |
| 27.* Kent Law School, University of Kent, Canterbury |
Item No. 46/2008 (LE) |
LL.B. (Hons.) Degree |
| 28.* School of Law, University of East London |
Item No. 46/2008 (LE) |
LL.B. (Hons.) Degree |
| 29.* School of Law, University of Southampton |
Item No. 46/2008 (LE) |
LL.B. (Hons.) Degree |
| 30.* Univesity of Westminister |
Item No. 63/2009 (LE) |
LL.B. Degree |
| 31.* Brunel Law School, Brunel University, West London |
Item No. 44/2009 (LE) |
LL.B. Degree |
| 32.* School of Law, Birmingham City University |
Item No. 67/2009 (LE) |
LL.B. (Hons.) Degree |
| 33.* Northumbria University, Newcastle Upon Tyne |
Item No. 46/2012 (Cl.) Mtg. dated 31.03.2012 |
Three year and five year under graduate law courses |
| 34.* Lancashire Law School, Univesity of Central Lancashire, Preston |
Item No. 46/2012 (Cl.) Mtg. dated 31.03.2012 |
Three year graduate entry LL.B. (Hons.) Senior Status/LPC and 6 year undergraduate entry B.A. (Hons.) Combined law subject and LL.B. (Hons.) Senior Status/LPC |
| 35.* School of Law, Swansea University, Swansea, U.K. |
Item No. 71/2012 (Cl.) Mtg. dated 18.05.2012 |
Law Degree LL.B. (Hons.) |
| 12. |
UNITED STATES OF AMERICA |
1. Cornell Law School |
16/1988 |
Doctor of Law Degree (J.D.) |
| 2. George Town University |
44/2000 |
Juries Doctor Degree |
| 3. South Western University |
98/1988 |
Juries Doctor Degree (J.D.) |
| 4. University of Michigan |
87/1993 |
Juries Doctor Degree |
| 5. University of Texas |
42/2000 |
Degree of Doctor of Jurispru-dence |
| 6. Marshall the School of Law of the College of William and Mary, Virginia, USA |
Item No. 22/2006 (LE) |
Juries Doctor |
| 7. Syracuse University College of Law, New York, USA |
Item No. 54/2007 (LE) |
Juries Doctor |
| 8. Widener University School of Law, Wilmington |
Item No. 53/2008 (LE) |
LL.B. Degree |
| 9. Cleveland-Marshall College of Law, Cleveland State Univesity |
Item No. 54/2008 (LE) |
J.D. Degree |
| 10. Univesity of Pennsylvania Law School, Philadelphia |
Item No. 55/2008 (LE) |
LL.B. Degree |
| 11. University of Wisconsin |
Item No. 18/2009 (LE) |
J.D. Degree |
| 12. Univesity of California, Berkeley |
Item No. 23/2009 (LE) |
3 year law degree (Juries Doctor) |
| 13. Fordham University, New York |
Item No. 32/2009 (LE) |
J.D. Degree |
| 14. School of Law, Loyola Universtiy, Chicago |
Item No. 43/2009 (LE) |
Degree of Juries Doctor |
| 15. School of Law, Santa Clara Universtiy, California |
Item No. 45/2009 (LE) |
Juries Doctor Programme |
| 16. School of Law, Hofstra University, New York |
Item No. 46/2009 (LE) |
Juries Doctor |
| 13. |
Zambia |
1. University of Zambia |
46/1980 |
LL.B. Degree |
SCHEDULE VI
PRO FORMA INSPECTION REPORT
THE BAR COUNCIL OF INDIA
21, ROUSE AVENUE, NEW DELHI-110002
Pro Forma for Application (Part I), Inspection (Part II), Explanation and Compliance Reporting (Part III) in Respect of Laying Down Standards of Legal Education under Section 7(h) and Recognition of Degrees in Law under Section 7(1) and Rules made thereunder Section 24(1)(c)(iii), (iii-a) and Section 49(1)(d) of Advocates Act, 1961
Note:
(a) Part I is the form in which Centres of Legal Education/departments seeking recognition have to apply. Three copies of the application in hard and soft copies have to be filed along with supporting documents. All columns must completed; incomplete applications will not be taken up for consideration. Forms submitted without the prescribed fee will not be considered. It may take 12 to 16 weeks for the Bar Council of India to cause the inspection after submission of the applications.
(b) Part II is the form in which the inspection team will verify data and prepare its report to the Legal Education Committee.
(c) Part III is the form in which the Bar Council of India office will seek explanation/clarification and wherever necessary, compliance to the Bar Council of India rules before submission of the application along with the inspection report to Legal Education Committee for consideration.
(d) Correct and honest statement of facts supported by documentary evidence and prompt response from the management to the correspondence will enable the Bar Council of India to process the applications at the shortest possible time.
(e) Any attempt to influence the judgment of the Inspection team or Legal Education Committee/Bar Council of India will entail summary rejection of the application itself.
Part I
APPLICATION SEEKING APPROVAL OF AFFILIATION/RECOGNITION OF CENTRES OF LEGAL EDUCATION/UNIVERSITIES TEACHING LAW FOR PURPOSES OF ADVOCATES ACT, 1961
[Note: Each affiliating University shall submit its Rules of Affiliation to the Bar Council of India while seeking approval of Affiliation of a Centre of Legal Education. In case of direct application the applicant shall annex with the application Rules of Affiliation of a Centre of Legal Education in the respective University]
I. ESTABLISHMENT, MANAGEMENT AND STATUS OF THE INSTITUTION:
| A. |
| |
(a) |
Name and complete address of the Centre of Legal Education including Pin code, Phone & fax numbers and addresses of email and Website |
|
| |
(b) |
Name, designation and address of the person making the application with Phone & Fax numbers and address of email. |
|
| |
(c) |
Year of establishment of Centre of Legal Education and Name of University to which affiliated. |
|
| |
(d) |
When was it affiliated? Whether temporary or Permanent? (enclose letter from University) |
|
| |
(e) |
What courses in law are (i). being offered at present (ii). (iii). |
|
| |
(f) |
When did the BCI give recognition? (letter from BCI) |
|
| |
(g) |
Was the Centre of Legal Education inspected before by BCI? Details of the same. |
|
| |
(h) |
Recognition of courses to which this application refers: |
|
| |
(i) |
How many batches of LL.B/LL.B Integrated graduates passed out of the Centre of Legal Education? |
|
| |
(j) |
How many batches of Post graduate (LL.M) students passed out of the Centre of Legal Education? |
|
| B. |
| |
(a) |
Who manages the Centre of Legal Education and under what framework? (Enclose: Statute, Regulation, etc.) |
|
| |
(b) |
Give the names, addresses of the members of Board of Management. (Enclose documents in support) |
|
| |
(c) |
What are the other institutions run by the same management and where? |
|
| |
(d) |
How long the present management will continue under the rules? |
|
| |
(e) |
What are the sources of funding of the Centre of Legal Education? |
|
| |
(f) |
What are the assets of the Centre of Legal Education? (Details of documents in support) |
|
| |
(g) |
Who appoints the staff of the Centre of Legal Education and under what procedure? |
|
| |
(h) |
Does the Centre of Legal Education pay U.G.C. scales? If not, how much for different cadres of academic staff. |
|
| |
(i) |
Was the Centre of Legal Education ever disaffiliated by the Govt./University? If so, under what reasons? |
|
| |
(j) |
Give additional evidence, if any, to guarantee the financial viability of the Centre of Legal Education. |
|
II. INFRASTRUCTURAL FACILITIES
| (a) |
Land and Buildings: Area, built-up space, description of class rooms, staff rooms, student facilities used for Centre of Legal Education only, (enclose documents) |
|
| (b) |
Does the Centre of Legal Education have its own building? If not, when it proposes to build? |
|
| (c) |
Size, furniture, budget, personnel, system of lending etc. of the Centre of Legal Education's law library. |
|
| (d) |
Number of text books, reference books and periodicals in law library (Give detailed break-up in separate paper) |
|
| (e) |
Name, rank, salary, qualification and teaching experience of academic staff including Principal (Use separate sheet, if necessary) |
|
| (f) |
Give details of supporting (administrative) staff available to the Centre of Legal Education. |
|
| (g) |
Is there a Hall of residence for students? How many can be accommodated? |
|
| (h) |
Are there common room facilities for students? Boys and Girls? |
|
| (i) |
How far is the nearest court from the Centre of Legal Education? What are the other courts in the neighbourhood? |
|
| (j) |
Are there other law teaching Centres of Legal Education in the area? Give details. |
|
III. ACADEMIC AFFAIRS AND POTENTIAL FOR DEVELOPMENT
| (a) |
What are the courses now being offered? |
|
| (b) |
What is the strength of students in each of the courses now offered? |
|
| (c) |
What is the process of student selection for admission. |
|
| (d) |
What is the maximum intake the Centre of Legal Education had in the last five years? (Give detailed break-up) |
|
| (e) |
What is the duration and normal schedule for teaching in the Centre of Legal Education? (attach the time-table used in the last year/semester) |
|
| (f) |
How many classes a student has to attend on an average on a working day? |
|
| (g) |
Is the attendance taken once a day or once in every class? |
|
| (h) |
Who keeps the attendance register? office/teacher after class hours. |
|
| (i) |
What percentage of students live in the locality and what percentage commute from outside the area? |
|
| (j) |
Are there periodic examinations conducted by the Centre of Legal Education to assess progress of learning of students? |
|
| (k) |
Who supervises the regularity and quality of teaching and under what procedure? |
|
| (l) |
How does the management ensure that classes are regularly held? |
|
| (m) |
Give details of the Students the Centre of Legal Education admitted in the 1st LL.B class, the number of students presented for the final year LL.B examinations and number of students passed (with Distinctions if any) in the last five years. |
|
| (n) |
What are the outstanding academic achievements of the Centre of Legal Education in legal learning? |
|
| (o) |
What evidence are there to show research accomplishment of the faculty? (Attach data separately of each such faculties) |
|
| (p) |
Does the Centre of Legal Education publish any journal? (Give details & attach copies) |
|
| (q) |
What is the system in vogue for Practical Training of students? (Give details) |
|
| (r) |
Is the Centre of Legal Education students/staff involve themselves in legal aid activities? (Give details) |
|
| (s) |
Give the names of teachers handling the practical training courses. |
|
| (t) |
What are the problems perceived in imparting practical training? |
|
| (u) |
Did the Centre of Legal Education introduce the BCI prescribed curriculum? |
|
| (v) |
Does the Centre of Legal Education follow an annual or semester system? |
|
IV. SELF ASSESSMENT REPORTS
The Legal Education Committee/Bar Council of India would like to have an objective, honest and transparent assessment of the academic performance and potential of the Centre of Legal Education/department from each member of the teaching staff including Principal and of the management independently when they can frankly express the strengths and weaknesses of the institution as they perceive it. If any member wants to keep that information confidential the Legal Education Committee/Bar Council of India will make every effort to keep it so. The individual reports may also be directly sent to the Chairman, Legal Education Committee if they so desire.
V. UNDERTAKING
I Mr./Ms hereby declare that the information provided above are true to the best of my knowledge and I have not attempted to suppress or exaggerate data concerning the above institution which is directly under my management.
| PRINCIPAL/DEAN |
CORRESPONDENT/MANAGEMENT |
PLACE:
DATE:
P.S. Send this report only in the form serially numbered and available only from the Secretary, Bar Council of India, New Delhi. Keep a xerox copy of the same with you for record and consultation when the inspection team visits your Centre of Legal Education.
Part II
THE BAR COUNCIL OF INDIA: LEGAL EDUCATION INSPECTION PRO FORMA TO BE FILLED BY BAR COUNCIL OF INDIA APPOINTED INSPECTION TEAM AFTER VISITING CENTRES OF LEGAL EDUCATION/DEPTS
(Each member to file independent inspection reports. Please file the report on the same day of inspection or in the following day)
A. PRELIMINARY DETAILS
(a) Names of Inspection Team:
(b) Date of Inspection:
(c) Did you study Part I application filed by the Centre of Legal Education and formulated the questions you want to specifically raise with management, faculty, students and alumni?
B. VERIFICATION OF DETAILS ON INFRASTRUCTURE, MANAGEMENT AND ACADEMIC ENVIRONMENT
(Note: The team will go through each and every item in Part I with the Management/Principal, personally visit the premises and satisfy itself of the statements made therein. Discrepancies and inadequacies noticed are to be recorded here in detail as they would form the basis of queries/classifications under Part III to be raised by Bar Council of India Secretariat later. Use separate sheets and attach with the report).
C. VERIFICATION OF ACADEMIC AFFAIRS AND POTENTIAL FOR DEVELOPMENT
(Note: This should contain information on the quality of teaching, academic performance in the past, library resources available and its use by students, the competence of teachers for respective jobs including clinical teaching, extent of student satisfaction, general reputation of the Centre of Legal Education etc. The inspection team will use the self-assessment reports of teachers for verifying this item in discussion with the teachers concerned. Separate meetings with groups of students and advocates in the area who passed out of the institution are desirable to come to a fair conclusion on standards for the purpose of suggesting improvements in academic affairs.
Use separate sheets to record your impression on academic standards, its strength and weaknesses. It is important that each team member prepare the impressions independently so that the Legal Education Committee can come to an objective assessment with the help of inspection reports).
D. CONCLUSION AND RECOMMENDATIONS
(a) On Infrastructure including library and staff:
(b) On standards of teaching, research, co-curricular activities:
(c) On reforms immediately required if Bar Council of India Rules were to be complied with in letter and spirit:
(d) Recommendations for Legal Education Committee/Bar Council of India consideration:
| Place & Date: .. |
Signature: . |
Part III
THE BAR COUNCIL OF INDIA: LEGAL EDUCATION EXPLANATIONS AND CLARIFICATIONS OF CENTRE OF LEGAL EDUCATION ON QUERIES RAISED AFTER INSPECTION
(Note: This part is to be filled by management of the Centre of Legal Education if they are asked to do so by the Bar Council of India Secretariat on the basis of the findings of the inspection team. Only applications which are complete in all respects alone will be submitted to the Legal Education Committee. As such, Bar Council of India Secretariat will examine the application (Part I) with the inspection reports (Part II) in the context of Rules of the BCI Rules and point out inadequacies and non-compliance and seek clarifications from Centre of Legal Education by sending this pro forma (Part III). Before sending the Part III pro forma, the BCI Secretariat will enter the queries and clarifications they are seeking from the Centre of Legal Education management)
Queries from the BCI Secretariat to Centre of Legal Education management:
1.
2.
FOR OFFICE USE ONLY
(i) Recommendations of the LEGAL EDUCATION COMMITTEE:
(ii) Decision of the Bar Council of India:
THE BAR COUNCIL OF INDIA PROFORMA FOR INSPECTION REPORTOF CENTRE OF LEGAL EDUCATION
(While preparing the report of inspection of the Centre of Legal Education, members are requested to follow the following pro forma)
| 1. |
Name of the Centre of Legal Education with complete address |
|
| 2. |
Name of the University to which the Centre of Legal Education is affiliated/sought to be affiliated with photocopies of relevant documents. |
|
| 3. |
Name of the Society/Trust/Organisation sponsoring the Centre of Legal Education, its financial position, details of the organisation etc. (Full details) |
|
| 4. |
Date of inspection |
|
| 5. |
Name of the members of the Inspection Team |
|
| 6. |
Approximate population of the State and the area where the Centre of Legal Education is located/proposed to be located. |
|
| 7. |
Number of Centres of Legal Education in the area, their names, total strength of students in each year of the course (Both three year and five year) |
|
| 8. |
Number of degree colleges (both undergraduate and post-graduate) in the area |
|
| 9. |
Necessity for starting a new Centre of Legal Education/continuance of the existing Centre of Legal Education in the area |
|
| 10. |
Details of the courts in the area |
|
| 11. |
Number of lawyers practising in the area |
|
| 12. |
If the Centre of Legal Education is already affiliated by University and permitted by State Government, details thereof with Photocopies of documents (i) Details of affiliation of University with documentary proof (ii) Permission of the State Government with documentary proof. |
|
| 13. |
Whether five year course has been introduced in the Centre of Legal Education/Deptt. of University, If so, when? If five year course is not introduced yet whether the Centre of Legal Education is intending to do so or not. |
|
| 14. |
Details about the course of study imparted/sought to be imparted and timings of Centre of Legal Education. |
|
| 15. |
Details about the teaching staff, their qualifications, salary and other service conditions with complete details of full time and part time teachers. |
|
| 16. |
(a) Details about the accommodation at the Disposal of the Centre of Legal Education. (b) Whether the land and building are owned by the Centre of Legal Education or the same is rented or leased? (Full details thereof with photocopies of relevant documents) |
|
| 17. |
Details about the Administrative Staff in the Centre of Legal Education. |
|
| 18. |
(a) Details about the Library in terms of space, equipments and full details of text books, reference books, journals and other periodicals (b) State whether the books and periodicals mentioned in Clause 15 of Schedule III of the Rules are available in the library or not? Give details (c) Working hours of library and details of Library staff (d) Whether there is qualified and trained librarian or not? |
|
| 19. |
Views of Members of inspecting team with regard to starting of the proposed Centre of Legal Education/continuing the existing Centre of Legal Education in terms of its utility (with specific recommendations as to whether the proposed Centre of Legal Education can be granted approval of affiliation/existing Centre of Legal Education can be allowed to retain approval of affiliation or not) |
|
| 20. |
Whether approval can be granted on regular basis or it should be on temporary basis for a limited period (give reasons for this and mention about the period for which recommendation is made). |
|
| 21. |
Conditions, if any, that can be imposed and the time limit for fulfilling those conditions (if temporary affiliation is recommended) |
|
| 22. |
Any other fact which the Hon'ble members want to mention and is not covered under this pro forma. |
|
SCHEDULE VII
Pro forma Application Form for approval of affiliation to be submitted to the Bar Council of India with copy of application for affiliation of a University
1. Name of the Centre of Legal Education:
2. Address with phone number, email ID:
3. Name and address of the body running the Centre of Legal Education:
4. Name of the University:
5. When the University affiliated the Centre of Legal Education (copy of the letter of affiliation to be attached):
6. Affiliation granted up to:
7. Conditions of affiliations, if any:
8. When NOC from the State Government obtained, if required (a copy of the NOC to be attached):
9. Affiliation approved by Bar Council of India on (in case of subsequent approval needed):
10. Approval valid up to (in case subsequent approval needed):
11. Conditions of approval of the Bar Council of India, if any (in case of subsequent approval needed):
12. Specific response on each condition of approval (in case of subsequent approval needed):
13. When was the initial inspection by Bar Council of India done (in case of subsequent approval needed):
14. Annual Report & audited Accounts of the previous years (in case of subsequent approval needed):
15. Detailed statement of the infrastructure if not provided in the application:
16. List of teaching faculty & None teaching staff with qualifications & experience.
SCHEDULE VIII
Forms of Annual Return
To be specified later and incorporated as and when prescribed
SCHEDULE IX
Application form accreditation and credit rating
To be specified later and incorporated as and when prescribed
SCHEDULE X
Information of enrolled student for Uniform Identity Card
To be specified later and incorporated as and when prescribed
SCHEDULE XI
Centralised data for Faculties
To be specified later and to be incorporated as an when prescribed
SCHEDULE XII
List of approved Foreign Universities whose degree in law can be considered for enrolment under Chapter V of the Rules
SCHEDULE XIII
List of dates fixed for various Regulatory purposes
New Proposal
| 1. |
Last date for submission of completed application form with the required fee for initial approval of a proposed institutions |
December 31 |
| 2. |
Submission of any further information as may be required by BCI on the above application |
within January 31 |
| 3. |
Conduction of initial inspection of new application as above |
within April 30 |
| 4. |
Consideration of initial inspection report and recommendation by LEC to BCI |
within May 31 |
| 5. |
BCI's recognition letter or reason for refusal to be communicated to the applicant and the concerned Sate Government/University whichever is applicable |
within June 15 |
| Renewal of approval of affiliation |
| 1. |
Last date of submission of completed application Form with the required fee for renewal inspection earlier recognition unless relaxed by BCI on special reasons |
six months' earlier from the date of expiry of the approval of affiliation |
| 2. |
Last date for submission of renewal inspection Report to LEC |
June 30 and December 31 |
| 3. |
Last date for recommendation of LEC to BCI |
February 28 (for Dec. Report) August 31 (for June Report) |
| 4. |
BCI to communicate recognition letter |
March 31 (For December Report) September 30 (For June Report) |
| Application for accreditation |
| 1. |
Last date for submission of application For accreditation with fees |
July 31 |
| 2. |
Submission of accreditation report to BCI by the committee and notification |
within December 31 |
| |
Special inspection any time Submission of Report to LEC |
within one month of inspection |
Part V
THE STATE ROLL AND SENIORITY
Chapter I
PREPARATION AND MAINTENANCE OF THE STATE ROLL
[Rules under Sections 17, 19, 20 and 22 of the Act]
1. (1) The Council may, from time to time, give directions as to the manner in which the State Councils shall prepare and maintain the Rolls under Section 17 of the Act.
(2) The copies of the State Roll to be sent under Section 19 of the Act shall be in Form B-1 and B-2 as set out in the rules at the end of this Chapter and shall contain such further details as the Council may specify.
2. Particulars of transfers under Section 18 of the Act, cancellations directed under the proviso to Section 26(1) of the Act, removal of names under Section 26-A of Act, punishments imposed by an order under Chapter V, particulars as to the result of appeals under the relevant decisions of the courts, and such other matters which the Council may specifically direct, shall be noted in the said Rolls.
3. Save as otherwise directed by the Council, no other particulars shall be entered in the said Rolls.
4. Every page of the Roll shall bear the signature or a facsimile thereof of the Secretary or other person authorised by the State Council.
5. Authenticated copies of any additions or alternations made in the Roll shall be sent to the Council without delay.
Form B-1
[Under Rule 1(2) of Chapter I, Part V]
| Part I/II: Copy of Roll under Section 17(1)(a)(b) of the Advocates Act, 1961 of the Bar Council of sent under Section 19 of the Advocates Act, 1961. |
| Sl. No. |
Name |
Address |
Date of enrolment under the Bar Councils Act/Advocates Act |
Date of entry as Vakil, Pleader or Attorney, if any |
Date of Birth |
Date of Transfer if any |
If enro-lled in Sup-reme Court, date of such enrol-ment |
Date of enrol-ment as senior Advo-cate in case desig-nated as such on or after 1-12-1961 |
Rem-arks (Par-ticu-lars envi-saged under Rule) |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
| |
|
|
|
|
|
|
|
|
|
Form B-2
[Under Rule 1(2) of Chapter I, Part V]
Part II: Copy of Roll under Section 17(1)(b) of the bar Council of sent under Section 19 of the Advocates Act, 1961
| Roll No. |
Name and address |
Date of enrolment under the Advocates Act, 1961 |
Date of Birth |
Date of transfer, if any and particulars |
Remarks |
| 1 |
2 |
3 |
4 |
5 |
6 |
| |
|
|
|
|
|
Chapter II
PREVENTION OF ENTRY IN MORE THAN ONE ROLL
[Rules under Section 17(4) and 49(1)(ad) of the Act]
1. The rules of every State Council shall provide inter alia, for a declaration in its form of application for enrolment.
(a) that the name of the applicant is not on the roll of any other State Council, and
(b) that the applicant will not, so long as his name is on the roll of one of the State Councils, apply for enrolment to any other State Council.
2. The Council may, on receipt of information that the name of any person is entered on the roll of more than one State Council, after hearing the person concerned, remove his name from any of the rolls on which his name appears and take such other action against him as may be called for.
Chapter III
TRANSFER OF NAME FROM ONE STATE ROLL TO ANOTHER STATE ROLL
[Rules under Section 18 and 49(1)(b) of the Act]
1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under Section 18 of the Act in Form C in this Chapter. The application shall be accompanied by (i) a certified copy of the entry in the State Roll relating to the applicant and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered.
On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers for disposal before the Council or a Committee constituted for the purpose. If the Committee consider that the application shall be refused, the matter should be referred to the Council for orders.
1-A. On receipt of an application for transfer, the transferor Bar Council shall transmit the entire records relating to the enrolment of the advocate who is seeking a transfer, to the Bar Council of India together with original of the application for enrolment, retaining an authenticated copy of the documents with the transferor Bar Council26.
2. (1) The order of the Council on the application for transfer shall ordinarily be in Form-D in the annexure to this Chapter.
(2) The applicant for transfer shall be informed about the order on his application.
(3) On receipt of a communication from the Bar Council of India of an order for transfer:
(a) it shall be the duty of the advocate who has applied for transfer to produce the certificate of enrolment issued to him under Section 22 of the Act for endorsement in Form D-1 in this Chapter to the State Council on the roll of which his name appears. The said State Council shall as expeditiously as possible after the endorsement and the necessary entries in its roll transmit the certificate to the State Council to which the name of the Advocate is directed to be transferred;
(b) on receipt of the certificate endorsed as aforesaid the Secretary of the latter State Council shall make a further endorsement thereon in Form D-2 in this Chapter;
(c) on such endorsement being made and the other formalities, if any, required by law being complied with the transfer shall be deemed to take effect from the date of the direction of the Bar Council of India under Section 18 of the Act.
(d) After the application has been allowed by the Bar Council of India, the Bar Council of India shall transmit the original records received from the transferor Bar Council to the transferee Bar Council and in the event of the application for transfer is rejected for any reason, shall be transmitted to the transferor Bar Council27.
(4) A Copy of the Order on the applications for transfer made by the Council shall be put up on the Notice Board of the State Councils concerned.
Form C
(Under Rule I Chapter III Part V)
BAR COUNCIL OF INDIA
Application for Transfer to another Roll under Sections 18 and 49(1)(b) of the Advocates Act, 1961.
From
..
..
To
The Secretary
Bar Council of India
New Delhi.
Sir
1. I request the transfer of name from the roll of the Bar Council of .. to the roll of the Bar Council of .. under Section 18 of the Act for the reasons set out by me in this application.
2. I was enrolled in the Bar Council of on ..
3. My name is entered on the roll of the said Bar Council .. and my roll number is .
4. I state that prior to my enrolment as aforesaid, in the Bar Council of . I did not make any application for enrolment to any other State Bar Council and that no such application was either withdrawn, refused or dismissed.
(If any prior application had been made, details should be given here).
5. I state that there are/are no disciplinary proceedings pending against me in any State Bar Council.
6. The reasons for my application for transfer are as follow:
(If the application for transfer is made within 2 years of the date of enrolment, applicant should state the reason why even at the first instance he did not apply for enrolment to the Bar Council to which transfer is sought).
7. After the transfer of my name to the roll of the Bar Council . I intend to practise ordinarily at . My permanent address after transfer will be:
8. I undertake to communicate to the State Bar Council to which my name is to be transferred, any change in the said address.
9. Till the transfer is effected all communications may please be sent to the following address:
I undertake to furnish any further information that may be necessary in reply to any communication that may be sent to the said address till the transfer is ordered.
10. I enclose herewith:
(i) A certified copy of entry in the State Roll.
(ii) A certificate from the State Bar Council as prescribed in Rule 1(2) in Part V Chapter III.
I hereby declare that the facts stated herein are true.
| Place: |
Signature of the Advocate |
| Date: |
(Applicant) |
Form D
BAR COUNCIL OF INDIA
Order on Transfer Applications
Resolved that the names of the following persons be removed from and entered in the rolls of the State Bar Councils as shown against their names:
| Transfer Application No. |
Name as in the State Roll |
Date of entry as Vakil, Pleader or Attorney if any |
Date of enrolment under the BC/Advocates Act |
| 1 |
2 |
3 |
4 |
| |
|
|
|
| Date of Birth |
On the roll of |
Transfer to the roll of |
Permanent address after transfer |
If enrolled in Supreme Court date of such enrolment |
| 5 |
6 |
7 |
8 |
9 |
| |
|
|
|
|
Form D-1
Name transferred to the roll of the Bar Council of .. by order of the Bar Council of India made under resolution No .. dated . Date .. Secretary, Bar Council of
Form D-2
On transfer from the roll of the Bar Council of .. with Roll No . (vide BCI Order dated .. and communication of State Bar Council of .. Dated .) the name is entered in the State Roll of Bar Council of .. vide Roll No. .Dated ..
| Date: |
Secretary, Bar Council of |
Chapter IV
SENIORITY IN THE STATE ROLLS
[Rules under Sections 17(3), 20 and 49(1)(i)(ac) of the Act]
1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court. The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an advocate immediately before the appointed day or who was enrolled after that day shall be determined according to the date of enrolment as advocate.
2. Seniority of other Advocates. (1) The seniority of other advocates referred to in Section 17(1)(a) shall:
(a) in the case of persons whose names were entered in the rolls under Section 8(3)(a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;
(b) in the case of persons admitted as advocates under Section 58-A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners' Court mentioned in sub-sections (2), (3) and (4) of the said Section 58-A;
(c) in the case of persons admitted as advocates under Section 58-AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;
(d) in the case of the other persons be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926.
Proviso to (a), (b), (c) and (d). Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled shall be taken as the date for entry for purpose of seniority in the rolls under Section 17(1)(a) of the Advocates Act, 1961.
(2) In the case of the persons referred to in Section 58-AE of the Act, be the date when they were first entitled to practise the profession of law as provided for in Section 58-AE.
(3) In the case of the persons referred to in Section 58-AF of the Act, the date on which they are deemed to be advocates.
3. In cases not covered by any of the rules previous in this Chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.
4. Seniority of Senior Advocates of the Supreme Court: The seniority of a senior advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as senior advocate.
Chapter V
SPECIAL PROVISION FOR ENROLMENT OF CERTAIN SUPREME COURT ADVOCATES
[Rules Under Section 20 read with Section 49(1)(i) of the Act]
1. Any Advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State Roll may within 31st December, 1974 express his intention in the form prescribed under this rule to the Bar Council of India for entry of his name in the roll of any State Bar Council.
2. The notification of the Bar Council of India prescribing the date shall be published in the Gazette of India, and copies thereof sent to all Bar Councils. The notification or a gist thereof shall also be published in at least one English Newspaper in Delhi and one English Newspaper in every State.
BAR COUNCIL OF INDIA
Intimation under Section 20 of the Advocates Act, 1961
(Unnecessary columns/entries to be struck out)
To
The Secretary
Bar Council of India,
21, Rouse Avenue, Institutional Area
New Delhi 110002.
1. I, .. (name in block letters), residing at was entitled as of right to practise in the Supreme Court of India immediately before the appointed day viz., 1-12-1961.
2-A. I was enrolled on as an Advocate of the Supreme Court of India and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz 1-12-1961.
I have not expressed to any State Bar Council my intention to practise under Section 17(1)(a) of the Advocates Act, 1961.
OR
2-B. (i) I was first enrolled as an Advocate of the Supreme Court of India on and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz., 1-12-1961.
(ii) I was enrolled later as Senior Advocate of the Supreme Court of India on
My Roll Number as Senior Advocate is I have not expressed to any Stare Bar Council my intention to practise under Section 17(1)(a) of the Advocates Act, 1961.
3. (To be entered if in service) On the date of this intimation, I am in service (Particulars to be given)
I undertake to intimate my intention to resume practise to the State Bar Council mentioned in Column 4.
4. I hereby express my intention as mentioned under Section 20 of the Advocate Act, (as amended) for the entry of my name in the roll of the Bar Council of .. . I declare that the facts set out in this form are correct.
(Signature)
Date
Place ..
Address
..
Part VI
RULES GOVERNING ADVOCATES
Chapter I
RESTRICTIONS ON SENIOR ADVOCATES
[Rules Under Sections 16(3) and 49(1)(g) of the Act]
Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Act, be subject to the following restrictions:
(a) A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act.
Explanation. To act means to file an appearance or any pleading or application in any court or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do any act other than pleading required or authorised by law to be done by a party in such Court or Tribunal or before any person or other authorities mentioned in the said Section either in person or by his recognised agent or by an advocate or an attorney on his behalf.
(b)(i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.
(ii) Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him. Provided that a Senior Advocate may continue to appear without an advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior advocate or before coming into operation of the rules in this Chapter as the case may be.
(c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or todo any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State Roll.
(cc) A Senior Advocate shall, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.
(d) He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India.
(e) A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal or in the Supreme Court, except with an Advocate as aforesaid.
(f) A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of the State Roll appearing in any matter pay him a fee which he considers reasonable.
Chapter II
STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE
[Rules under Section 49(1)(c) of the Act read with the Proviso thereto]
Preamble. An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.
Section I Duty to the Court
1. An advocate shall, during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.
3. An advocate shall not influence the decision of a court by any illegal or improper means. Private communications with a judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in court.
5. An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable.
6. An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.
28For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer.
7. An advocate shall not wear bands or gown in public places other than in courts except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe.
8. An advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation.
Executive Committee , by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation.
Provided that this rule shall not apply to such a member appearing as amicus curiae or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested.
Illustration.
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a Director.
10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings.
Section II Duty to the Client
11. An advocate is bound to accept any brief in the Courts or Tribunals or before any other authorities in or before which he proposes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.
12. An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
13. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client's interests.
14. An advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client's judgment in either engaging him or continuing the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
16. An advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishment the innocence of the accused shall be scrupulously avoided.
17. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act.
18. An advocate shall not, at any time, be a party to fomenting of litigation.
19. An advocate shall not act on the instructions of any person other than his client or his authorised agent.
20. An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
21. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of government securities, or to any instruments which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.
22. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the Advocate is expressly authorised in writing in this behalf.
22-A. An advocate shall not directly or indirectly bid in court auction or acquire by way of sale, gift, exchange or any other mode of transfer either in his own name or in any other name for his own benefit or for the benefit of any other person any property which is subject matter of any suit appeal or other proceedings in which he is in any way professionally engaged29.
23. An advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an advocate.
24. An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.
25. An advocate should keep accounts of the client's money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocates shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.
28. After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses or any amount that has come into his hands in that proceeding.
29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.
30. A copy of the client's account shall be furnished to him on demand provided the necessary copying charge is paid.
31. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
32. An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.
Explanation. An advocate shall not be held guilty for a breach of this rule, if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.
33. An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.
Section III Duty to Opponent
34. An advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate.
35. An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.
Section IV Duty to Colleagues
36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of worker or that he has been a Judge or an Advocate General.
That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.30
| 1. |
Name |
|
| 2. |
Address |
|
| |
Telephone Numbers |
|
| |
E-mail id |
|
| 3 (a) |
Enrolment Number |
|
| (b) |
Date of Enrolment |
|
| (c) |
Name of State Bar Council where originally enrolled |
|
| (d) |
Name of State Bar Council on whose roll name stands currently |
|
| (e) |
Name of the Bar Association of which the Advocate is Member |
|
| 4. |
Professional and Academic Qualifications |
|
| 5. |
Areas of Practice (Eg.: Civil Criminal Taxation, Labour etc.) |
|
(Name & Signature)
Declaration:
I hereby declare that the information given is true.
(Name & Signature)
37. An advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency.
38. An advocate shall not accept a fee less than the fee taxable under rules when the client is able to pay the same.
39. An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court31.
Section IV-A32
40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs. 300 every third year commencing from 1st August, 2001 along with a statement of particulars as given in the form set out at the end of these Rules, the first payment to be made on or before 1st August, 2001 or such extended time as notified by the Bar Council of India or the concerned State Bar Council.
Provided further however that an advocate shall be at liberty to pay in lieu of the payment of Rs. 60033 every three years a consolidated amount of Rs. 1000. This will be a life time payment to be kept in the fixed deposit by the concerned State Bar Council. Out of life time payment, 80% of the amount will be retained by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar Council of India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit and the interest on the said deposits shall alone be utilized for the Welfare of the Advocates 34.
Explanation 1. Statement of particulars as required by Rule 40 in the form set out shall require to be submitted only once in three years.
Explanation 2. The Advocates who are in actual practise and are not drawing salary or not in full time service and not drawing salary from their respective employers are only required to pay the amount referred to in this rule.
Explanation 3. This rule will be effective from 1-10-2006 and for period prior to this, advocates will continue to be covered by old rule.
41. (1) All the sums so collected by the State Bar Council in accordance with Rule 40 shall be credited in a separate fund known as Bar Council of India Advocates Welfare Fund and shall be deposited in the bank as provided hereunder.
(2) The Bar Council of India Advocates Welfare Fund Committee for the State shall remit 20% of the total amount collected and credited to its account, to the Bar Council of India by the end of every month which shall be credited by the Bar Council of India and Bar Council of India shall deposit the said amount in separate fund to be known as Bar Council of India Advocates Welfare Fund.. This fund shall be managed by the Welfare Committee of the Bar Council of India in the manner prescribed from time to time by the Bar Council of India for the Welfare of Advocates.
(3) The rest 80% of the total sum so collected by the Bar Council of India Advocates Welfare Fund Committee for the State under Rule 41(1) shall be utilised for the welfare of advocates in respect of Welfare Schemes sponsored by the respective State Bar Councils and this fund shall be administered by the Advocates Welfare Committee for the State which shall submit its report annually to the Bar Council of India.
(4) In case of transfer of an advocate from one State Bar Council to other State Bar Council, 80% of the total sum collected so far in respect of that advocate by the Bar Council of India Advocates Welfare Committee for the State under Rule 41(1) where the said Advocate was originally enrolled, would get transferred to the Advocates Welfare Fund Committed of the Bar Council of India for the State to which the said Advocate has got himself transferred35.
42. If any advocate fails to pay the aforesaid sum within the prescribed time as provided under Rule 40, the Secretary of the State Bar Council shall issue to him a notice to show cause within a month why his right to practice be not suspended. In case the advocate pays the amount together with late fee of Rs. 5 per month, or a part of a month subject to a maximum of Rs. 30 within the period specified in notice, the proceedings shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a Committee of three members constituted by the State Bar Council in this behalf may pass an order suspending the right of the advocate to practise.
Provided that the order of suspension shall cease to be in force when the advocate concerned pays the amount along with a late fee of Rs. 50 and obtain a certificate in this behalf from the State Bar Council.
43. An Advocate who has been convicted of an offence mentioned under Section 24-A of the Advocates Act or has been declared insolvent or has taken full time service or part time service or engages in business or any avocation inconsistent with his practising as an advocate or has incurred any disqualification mentioned in the Advocates Act or the rules made thereunder, shall send a declaration to that effect to the respective State Bar Council in which the advocate is enrolled, within ninety days from the date of such disqualification. If the advocate does not file the said declaration or fails to show sufficient cause for not filing such declaration provided therefor, the Committee constituted by the State Bar Council under Rule 42 may pass orders suspending the right of the advocate to practise.
Provided that it shall be open to the Committee to condone the delay on an application being made in this behalf.
Provided further that an advocate who had after the date of his enrolment and before the coming into force of this rule, become subject to any of the disqualifications mentioned in this rule, shall within a period of ninety days of the coming into force of this rule send declaration referred to in this rule to the respective State Bar Council in which the Advocate is enrolled and on failure to do so by such advocate all the provisions of this rule would apply.
44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of thirty days from the date of the order passed under Rules, 42 and 43.
44-A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting of five members elected from amongst the members of the Council. The term of the members of the committee shall be co-extensive with their term in Bar Council of India.36
(2)(i) Every State Council shall have an Advocates Welfare Committee known as Bar Council of India Advocates Welfare Committee for the State.
(ii) The Committee shall consist of member Bar Council of India from the State concerned who shall be the Ex-Officio Chairman of the Committee and two members elected from amongst the members.
(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary of the Committee.
(iv) The term of the member, Bar Council of India in the Committee shall be co-extensive with his term in the Bar Council of India.
(v) The term of the members elected from the State Bar Council shall be two years.
(vi) Two members of the Committee will form a quorum of any meeting of the Committee.
(3) Every State Bar Council shall open an account in the name of the Bar Council of India Welfare Committee for the State, in any nationalised Bank,
(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the Chairman of the Welfare Committee and its Secretary.
(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council of India through Advocates Welfare Committee as constituted under sub-clause (2)(i). The State Bar Councils may suggest suitable modifications in the Welfare Schemes or suggest more schemes, but such modifications or such suggested schemes shall have effect only after approval by the Bar Council of India.
(6) The State Bar Council shall maintain separate account in respect of the Advocate Welfare Fund which shall be audited annually along with other accounts of the State Bar Council and send the same along with Auditors Report to the Bar Council of India:
Provided that the Bar Council of India Advocates Welfare Fund Committee for the State shall be competent to appoint its own staff in addition to the staff of the Bar Council of the State entrusted with duty to maintain the account of the Fund if their funds are adequate to make such appointment. The salary and other conditions of the said staff be determined by the Bar Council of India Advocates Welfare Fund Committee for the State.37
Provided further that Chairman of the Bar Council of India Advocates Welfare Fund Committee for the State shall be competent to make temporary appointment for a period not exceeding six months in one transaction if the situation so requires subject to availability of fund in the said Committee for making such appointment.
44-B. The Bar Council of India shall utilise the funds received under Rule 41(2) in accordance with the schemes which may be framed from time to time.
FORM UNDER RULE 40
Bar Council of .
..
Dear Sirs,
(1) I am enclosing herewith a Postal Order/Bank Draft/Cash for being the payment under Rule 40. Chapter II, Part VI of the Rules of the Bar Council of India.
(2) I am enrolled as an Advocate on the Rolls of your State Bar Council.
(3) I am ordinarily practising at in the territory/State of
(4) I am a member of the .. Bar Association/not a member of any Bar Association.
(5) My present address is .
| Dated |
Signature |
| Place |
Name in Block Letters |
Enrolment No ..
Received a sum of Rs. from . towards payment under Rule 40, Chapter II, Part VI of the Rules of the Bar Council of India by way of Postal Order/Bank Draft/Cash on .
| DATED: |
SECRETARY |
| PLACE: |
BAR COUNCIL OF .. |
Section V Duty in imparting training
45. It is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.
Section VI Duty to Render Legal Aid
46. Every advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocate's economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an advocate owes to society.
Section VII Restriction on other Employments
47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.