11. The advocate aggrieved of any order passed by the State Bar Council under Rule 10, may file an appeal to the Bar Council of India within 90 days. The Bar Council of India may, either dismiss the appeal summarily or in case it finds a case for setting aside or modifying the order of the State Bar Council, the order shall be passed only after notice to the concerned State Bar Council.
III. Scheme for Library Development
1. These rules shall be known as Bar Council of India Advocates Welfare Library Development Rules .
2. These Rules shall come into force from the date as notified by the Bar Council of India3.
3. Definition:
(a) Applicant means a Bar Association registered under the Societies Registration Act or so affiliated with the State Bar Council within whose jurisdiction the Bar Association situated and has submitted an application for Library development under the rules.
(b) Bar Association means the Bar Association registered under the Societies Registration Act or so affiliated with the State Bar Council within whose jurisdiction the Bar Association is situated.
(c) Bar Council of India means the Bar Council constituted under Section 4 of the Advocates Act.
(d) Bar Council of India Advocates Welfare Committee means the committee constituted under Rule 44-A (1) of the Bar Council of India Rules under Part VI, Chapter II, Section IV-A.
(e) State Bar Council means the Bar Council constituted under Section 3 of the Advocates Act.
(f) Bar Council of India Advocates Welfare Committee for the State shall mean the Advocates Welfare Committee constituted for the State under Rule 44-A(2) (i) of the Bar Council of India Rules, Part VI, Chapter-II, Section-IV-A.
(g) Fund means the fund constituted under the Bar Council of India Advocates Welfare Rules provided under Part VI, Chapter II, Section - IV-A of the Bar Council of India Rules for the Scheme for Library Development.
(h) Financial Year means the year from 1st April to 31st March of the next year.
(i) Application Form means the form so prescribed by the Committee from time to time for applying for financial assistance to the Library of the Bar Association.
4. Any High Court, District Court, Sub-Divisional Court, Tehsil or Taluka Court, Bar Association will be entitled to apply for annual grant to the Advocates Welfare Committee of the Bar Council of India for that State in the form prescribed under these rules and will make necessary declaration as prescribed therein and supply such information about the functioning of the concerned library as may be required by the said Committee.
5. The Advocates Welfare Committee shall consider such applications twice a year and sanction the appropriate grant to such applicant-Bar Association for development of the library.
6. The Bar Association which received the amount once will not ordinarily be eligible again till after the lapse of three years.
7. The Bar Association while making an application for grant to the Advocates Welfare Committee for the State append a resolution of the Association deciding to seek the grant an approved list of books in duplicate and also their resolution to generate a sum of at least 10% of the proposed grant for purchase of books and equipment in their library.
8. The grant will be given not in cash but by way of books desired to be purchased by the Association.
9. As far as may be, the fund to be allocated to each Bar Association under these rules, be in accordance with the total strength of the advocates of such Bar Association.
10. The books that will be supplied under this scheme shall bear stamp containing the following inscription:
Bar Council of India Advocates Welfare Fund for the State Library Development Scheme
11. The Bar Association receiving the grant will maintain a list of books supplied to it.
IV. Scheme for Financial Assistance to State Bar Councils and Individuals under Rule 44-B of the Bar Council of India Rules4
1. These rules shall be known as the Scheme for Financial Assistance to the State Bar Councils under Rule 44-B of the Bar Council of India Rules.
2. The Scheme shall come into force immediately.
3. These schemes shall be applicable to only such State Bar Councils which have remitted the sum in accordance with the Rule 41(2) of the Bar Council of India.
4. That on receiving information from the Chairman of the State Bar Council or Member, Bar Council of India from that State, the Chairman, Bar Council of India on being satisfied by such report may immediately sanction a reasonable amount not exceeding Rs. 20,0005 in an individual case and Rs. 50,0006 in case of some calamity involving more than one advocate and shall report to the Advocates Welfare Committee of the Bar Council of India. The financial assistance to the State Bar Councils will be available in any of the following cases:
(a) The advocate or advocates have suffered seriously on account of some natural calamity or;
(b) the advocate or advocates have died an unnatural death, due to an accident or natural calamity or any other cause of like nature, or;
(c) the advocate or advocates have suffered or is suffering from such serious disease or illness which is likely to cause death if no proper treatment is given and the advocate requires financial assistance without which he would not be able to get proper treatment and has no personal assets except a residential house to meet such expenditures, or;
(d) the advocate or advocates become physically disabled or incapacitated to continue his profession on account of natural calamity or accident or any other cause of like nature.
5. That the amount sanctioned under Rule 4 shall be placed at the disposal of the Advocates Welfare Committee of the Bar Council of India for the State and the said State Committee shall maintain separate account and send the same to the Bar Council of India within three months from the date of the receipt thereof.
6. That the Advocates Welfare Committee of the Bar Council of India on receiving such applications duly recommended by the State Bar Councils, may sanction a sum provided in the different schemes prepared by the Bar Council of India.