Rules framed by the Bar Council of Uttar Pradesh in its meeting
held date 09.091971 and approved by the Bar Council of India vide Secretary’s Letter
dated 6th May; 1972.
BAR COUNCIL OF UTTAR PRADESH ALLAHABAD
RULES FRAMED UNDER SECTION 15(2) (c)
RULES FOR ELECTION OF CHAIRMAN AND VICE-CHAIRMAN
- Election in these rules shall mean the election of the Chairman and the Vice-Chairman.
- The Election shall be held by the Secretary, by secret ballot, by single transferable
vote in accordance with the rules laid down in Chapter I relating to the election
of members, who shall also act as Returning Officer under these Rules.
- The Bar Council shall after, its being constituted in its first meeting or as soon
as possible thereafter every one year elect a Chairman and a Vice-Chairman from
amongst its members,
- The nomination of a member for election as Chairman or Vice-Chairman shall be made
by a member of the Bar Council and the nomination in sealed cover shall reach the
Secretary on or before the last date fixed for nomination at the latest by 5 P.M.
- No nomination received through post or otherwise after the prescribed date and time
shall be considered.
- All the sealed covers shall be opened and scrutinized by the Returning Officer on
the next day of the last date of filing of nomination at 11.30 A,M. in the Bar Council
Office and the list of the candidates whose nomination will be found valid shall
be placed on the Notice Board immediately after the scrutiny.
- The candidates or their authorized Agents shall be entitled to be present at the
time of scrutiny and raise objections, if any.
- The Returning Officer shall decide objections if any, and his decision shall be
- Any candidate may withdraw his candidature by a communication in writing to the
Returning Officer before the actual commencement of the polling.
- In case there is only one candidate and his nomination is found to be valid, or
the nomination of one candidate only is found to be valid, the Returning Officer
shall then and there declare the candidate to be duly elected for the post.
- In case of more than one person being duly nominated for one and the same office,
the Returning Officer shall prepare the voting papers for the election of the Chairman
or the Vice-Chairman, as the case may be, and have the votes cast on the date of
meeting and during time fixed therefore, in the ballot box kept for the purpose.
- After the expiry of the time allotted for voting, the Returning Officer shall open
the ballot box and count the votes in accordance with the rules in Chapter I for
the Election of Members and shall declare the result.
- The names of the candidates duly elected as Chairman and Vice-Chairman shall be
published in the U.P. Gazette and sent to the High Court various Bar Councils, Presidents
of the Bar Associations in the State, judicial Secretaries to the Government of
India and the U.P. Government and the Secretary of the Bar Council of India and
to the Press.
- The election of a Chairman or a Vice-Chairman may be questioned by a member through
a latter addressed to the Secretary within three days of the declaration of the
result of the election on such grounds on which the election of a member can to
- The Secretary shall refer the same to the Election Tribunal constitutes under rule
32 framed under section 15(2) of the Advocates Act and the decision of the Tribunal
shall be final.
- In case the election is declared invalid by the Tribunal a fresh election shall
be held in the manner indicated above.
- The term of office of the Chairman and the Vice-Chairman shall be one year from
the date they are first elected as Chairman and Vice-Chairman respectively after
the general election. Provided that they will continue to act as such as long as
a new Chairman and Vice-Chairman as elected on their place or in place of either
of them as the case may be. Provided further that the Chairman or the Vice-Chairman
elected in the case of a casual vacancy of the Chairman or Vice-Chairman shall continue
to hold office only for the remaining term of his predecessor. Provided further
that if the term of the Bar Council expires before the expirty of one year, the
term of office of Chairman or Vice-Chairman shall ipso facto come to an end.
- The Chairman and the Vice-Chairman shall continue to hold office subject to rule
17 above only so long as they continue to be members of the Bar Council and no sooner
then they of either of them ceases to be member of the Bar Council, they will cease
to be Chairman and Vice-Chairman, as the case may be, and a fresh election shall
be held in accordance with the rules laid down under this Chapter.
RULES WITH REGARD TO FILLING OF CASUAL VACANCIES
- A casual vacancy hall be deemed to occur in the Bar Council if a member dies, resigns
his post, is suspended from practice as an advocate, or otherwise ceases to be a
member of the Bar Council for any reason whatsoever.
- The Secretary shall declare the casual vacancy when it occurs and shall notify the
- The Secretary shall notify to the members of the Bar council as well as to the Bar
Associations in he State about the Vacancy or the vacancies and shall further specify
the date before which the nomination has the filed and the date of the scrutiny.
- Every candidate shall be duly proposed by a member of the Bar Council on the prescribed
nomination form which shall be accompanied with a security deposit of Rs. 200- and
the declaration of the candidate, to serve the Bar Council in the prescribed form
- In case there is only one candidate such candidate shall be declared elected by
the Chairman in conformity with Section 3(2) of the Act after scrutiny.
- If there is more than one candidate the Election shall take place at the meeting
of the Bar Council.
- The election shall be by secret ballot by single transferable vote. The Secretary
shall count the vote in accordance with rules contained in chapter I for counting
of votes and communicate in to the Chairman who shall declare the result. However
such elected member shall continue to be the member of the Bar Council only for
the remaining term of the member in whose place he is elected.
- The result of the Election shall be published in the Official Gazette and other
newspapers and sent to the Bar Associations of the State and the Advocate-General.
RULES FRAMED UNDER SECTION 15(2)(G).
Powers and duties of Chairman and Vice-Chairman
POWERS OF THE CHAIRMAN
- (a) Save as otherwise provided in these rules the Chairman shall exercise general
supervision and control over the affairs of the Bar Council.
(b) He shall preside over the meetings of the Bar Council and as executive Committee.
(c) He shall have the authority to call the meetings of the Bar Council.
(d) He shall have the power to order that an emergent and extraordinary meeting
of the Bar Council be convened for the consideration of a matter that he may deem
urgent of for which a requisition has been received by him.
- TThe Chairman while presiding over a meeting shall decide all points of order raised
in the meeting and shall be responsible for maintaining decorum and order in the
- The Chairman shall have power to sanction expenditure upto Rs. 500- outside the
budgeted amount in case of emergency. However the same shall be reported to the
Bar council in its next meeting for approval.
- The Chairman or Vice-chairman shall sign the cheques along with the Secretary.
- The Chairman may assign in writing to the Vice-Chairman such of his duties and functions
as he may deem fit and proper.
- Whenever immediate action is necessary to safeguard the rights, privileges and interests
of the advocates, the Chairman shall take immediate action in the matter.
- The Chairman shall take suitable steps for implementation of the decisions of the
Bar Council and shall apprise the Bar Council of the action taken by him at the
The Chairman shall have all the powers and discharge all the
duties and functions of the Chairman in his absence. He shall also discharge such
functions and duties as may be assigned to him by the Charmin from time to time
RULELS FRAMED UNDER SECTION 15(2) (h) (i) (j)
- Committees constituted under Section 9 and 10 of the Act- There shall be the following
committees elected by the Bar Council to transact such business of the Council as
is assigned to them under the Act and the Rules or under any of them.
1. Disciplinary Committees constituted under Section 9 910 of the Act.
2. Executive Committee constituted under Section 10 (1) (a) of the Act.
3. Enrolment committee constituted under Section 10 (1) (b) of the Act.
4. Training and Examination committee constituted under Section 10 (3) of the Act.
5. Rules committee constituted under Section 10 (3) of the Act.
6. Any other Committee that may be constituted from time to time under Section 19
(3) of the Act,
7. Wherever the Bar Council deems it expedient it may dissolve any committee constituted
under Section 10, sub-clause (3) of the Advocates Act after placing the matter on
the Agenda for discussion.
RULELS COMMON TO ALL COMMITTTEES AND THE BAR COUNCIL
- Election of Members to the Statutory Committees:-The Bar Council shall elect
the members of the committees as specified in the Act as soon as possible after
elections to the Council under Section 8 of the Act,
- Mode of election:-The election to all the Committees formed under rule 1
above shall be by secret ballot by single transferable vote in accordance with the
rules laid down in chapter I with regard to the election of members.
- The election of the committees shall be conducted by the Secretary who shall also
act as the Returning Officer
- Terms of Committees:- The term of Committees mentioned in rule 1 above shall
be one year from the date they are first constituted. Provided that the same committee
shall continue to function as long as new committee is not constituted in its place.
Provided further that a member who ceases to be a member of the Bar Council, shall
cease to be a member of the Committee or Committees, as the case may be.
- Convener:-for each committee a Convener shall be elected by the Bar Council
and in the absence of such election the committee may itself elect its convener.
The convener so elected shall also act as the Chairman of the Committee.
- Duty of the Convener:- It shall be the duty of the convener to preside over
the meetings of the committee and to look the proper functioning of the committee
and to further see that mandate of the Bar Council and the committee are fully carried
- Casual Vacancies:- A casual vacancy shall be deemed to occur in the committee
if the member of a committee resigns or dies or ceases to be member of the Bar Council
for any reason whatsoever.
- Casual vacancy to be reported by the Secretary:- In the case of a Casual
vacancy among the members of the Committee or Committees, the Secretary shall put
up the matter before the next meeting of the Bar Council for filling up the vacancy.
- The Secretary to call meetings of the Committees:- The Secretary of the Council
shall act as the Secretary of each Committee and shall call a meeting thereof under
directions from the Chairman of the Bar Council or the convener of a particular
- Period of notice:- The Secretary shall give at least 15 days notice for a
meeting of the Bar Council and 5 days notice for the meeting of a committee and
intimate the members the date, time and place of the meeting and shall also circulate
the agenda. Provided that a meeting of the Bar Council or any of its committee may
be called at a shorter notice as laid down in rule 13 below. Provided further that
no meeting of the Bar Council or any of its committees thereof shall be invalid
merely on the ground that the rule with regard to notice has not bee strictly complied
- Notice how to be served:- The Secretary shall cause the notice of a meeting
to be served on the members either by hand delivery or by posting it under certificate
of posting or in such other manner as he thinks expedient under the circumstances
of the case.
- Extraordinary and emergent meetings:- In the case of an extraordinary or
emergent meeting, or adjourned meeting, the period of notice of 15 days or 5 days
as laid down in rule 11 above shall not apply.
- Number of members of the Committees:- In the case of committees constituted
under section9 (1) and section 10, sub-sections (1) and (2) of the Act, the number
of members shall be the same as laid down under those sections. As regards other
committees constituted under section 10, sub-section (3) the number of members shall
ordinarily be limited to 5 unless in the opinion of the Bar Council in the Case
of a particular committee taking into account the nature of the work entrusted to
it, it is absolutely necessary to raise the number to more than 5.
Venue of meetings.
- All the meetings of the Bar Council its committees and sub-committees except the
Disciplinary Committee shall be held at the headquarter of the Bar Council. The
meetings may however be held at ay place other than headquarters on the recommendation
of the Convener or Chairman of a Committee and with the prior approval of the Bar
Council. The Bar Council may also meet at any place other than the headquarters
as and when it deems necessary.
- Any seven members of the Bar Council and any two members of a committee may by requisition
call upon the Secretary to convene a meeting of the Bar Council or of any or the
committees, as the case may be.
- The requisition shall specify the object of the meeting and the resolution or resolutions
that are intended to be moved at the meeting;
- On the receipt of the requisition the Secretary of the Bar Council shall call the
meeting of the Bar Council or the Committee, as the case may be, within ten days
of the receipt of the requisition. In case, however, if no meeting is called by
the Secretary within ten days, the requisitionists may themselves call the meeting.
- In all requisitioned meetings only such agenda shall be considered as forms part
of the requisition and no new matter shall be taken up.
Contents of notice of the meeting:-
- The notice of a meeting shall specify the date, time and place of the meeting and
shall also give the agenda of the meeting. The agenda may be dispensed with in exceptional
- 21. At a meeting of the Bar Council, seven members present shall form a quorum.
At meetings of the committees more than half the number of members of the committee
shall form the quorum. If a meeting is adjoumed for want of quorum no quorum shall
be necessary for the adjourned meeting.
Cancellation of meetings:-
- he meeting of a committee may be cancelled by the Secretary on a written request
for the same by more than half the number of members of the Committee received at
least three days before the date of the meeting. The Secretary shall inform the
member about such cancellation immediately.
Resolutions of the Bar Council not to be rescinded or changed
within six months of the date of their adoption:-
- 23. A resolution of the Bar Council Passed and confirmed shall not be changed, cancelled
or rescinded within six months of the date of its having been passed except on a
written motion by such number of members of the Council as constitute not less than
one half of the total number of members of the Council and passed by majority of
more than two-third of the total number of members of the Council Present and Voting.
Resolutions by the members of the Council-How to be moved.
- No member shall be entitled to bring forward for the consideration of the meeting
of the Bar Council or any of its committee, any resolution of which he has not given
seven clear days notice to the Secretary unless the Chairman taking into account
the urgency of th matter allows the consideration of the motion of the meeting.
Decisions in the meetings of the Bar Council or its committees
to be by majority of votes.
- The decisions of all matters shall be by a majority of votes and in the case of
a tie the Chairman of the Convener shall have a casting vote. This rule shall however
be subject to other rules relating to the election of members of the Committee etc.
Prohibition against publication of the decisions of the Bar Council and its committees.
- No member shall give publicity to the decisions of the Bar Council or any of its
committees. However, the Bar Council or the Committee concerned may authorize the
Secretary to give publicity to any of its decisions.
Cessation of membership from a Committee.
- A member of a committee shall cease to be its member it he fails to attend three
consecutive meetings of the committee of which he is a member unless his absence
is condoned by the Bar Council.
THE EXECUTIVE COMMITTEE
(To be the Chief Executive Body of the Bar Council)
- The Executive Committee shall be the Chief Executive Body of the Bar Council.
Duties and function:-
- The main duties and functions of the Executive Committee shall be as follows:-
- It shall exercise general control over the administration of the Bar Council and
shall exercise all the Powers and duties relating to the executive functions of
the Bar Council.
- It shall make recommendations for the staff of the Bar Council exeept the Secretary
and the Deputy Secretary and in respect of that staff it shall have the power to
take disciplinary actions in accordance with the rules subject to the sanction of
the Bar Council.
- It shall exercise general control over the employees of the Bar Council and shall
make recommendations regarding the revision of their scales of pay from time to
time. It shall also decide all questions relating to the seniority. Promotion, leave,
gratuity, provident fund and all other allied questions, subject to the final approval
of the Bar Council.
- It shall have power to sanction and grant expenditure up to Rs.1,000/- over and
above the budgeted amount in the financial year which shall be reported to the Bar
Council in its next meeting.
- It shall prescribe books of accounts, registersk other books and forms to be maintained
by the bar council.
- It shall periodically examine accounts of the Bar Council and place them before
the Bar Council.
- It shall prepare and place before the Council Annual Administrative Report and statements
- It shall arrange for the investment of the fund of the Bar Council subject to the
sanction of the Bar Council.
- It shall recommend applications to the Bar Council for financial aid.
- 30. The Executive Committee shall meet as often as may be necessary.
PREPARATION OF BUDGET
- The Executive Committee shall prepare in early January in every year a budget estimate
of the receipts and the expenditure of the Council for the next financial year and
submit the same to the Council for sanction with its recommendations.
- The Executive Committee shall recommend for appointment of Auditors every year in
the month of March to audit the accounts of the Bar Council and shall recommend
- The Executive Committee shall examine Annual Audit Report and shall place it before
the Bar Council with its opinion thereon.
- The Executive Committee may present to the Bar Council supplementary demands for
grants at any time during the course of the financial year.
Decision of the Executive Committee to be reported to the Bar
- The decisions of the Executive Committee shall be reported to the Bar Council for
its information in the next meeting of the Bar Council.
The procedure in the Enrolment Committee shall be as follows:-
APPLICATION FOR ENROLMENT
- The Secretary shall circulate the application for enrolment among the members of
the Committee ad when the members of the Committee agree to the enrolment of any
candidate he shall be enrolled in accordance with the provisions of the Act.
- In case there is a dissentient note of any member the application shall be placed
before a meeting of the Enrolment Committee.
- No member shall detain a file with him for more than seven days from the date of
the receipt and in case a file is not returned within seven days, the matter shall
be brought to the notice of the Bar Council by the Secretary.
- The Convener shall direct the Secretary to convene such meetings of Enrolment Committee
as he thinks fit for disposal of the business.
- At all the meetings of the Enrolment Committee two members present shall form a
TRAINING AND EXAMINATION COMMITTEE
- The Training and Examination Committee shall consist of five members elected by
the Bar Council.
- The Training and Examination Committee shall make all necessary arrangements for
imparting legal education and training to the candidates appearing at the Advocates
Examination conducted by the Bar Council with the approval of the Bar Council.
BUDGET PROPOSALS BY THE COMMITTEE
- Before the budget prepared for the financial year, the Committee shall send to the
Executive Committee its-proposals for expenses in connection with the imparting
of training together with an estimate of expenses which are likely to be incurred
in holding the examinations during the next financial year for being included in
APPOINTMENT OF LECTURER
- For the set purpose of imparting training, subject to the approval of the Bar Council
the Committee may appoint lecturers to deliver lectures in accordance with the prescribed
curriculum at such centers in the territory of the State of Uttar Pradesh as it
CONDUCT OF EXAMINATION
- The Committee shall hold and conduct an examination for the enrolment of Advocates
after the prescribed period of training and shall appoint examiners, moderators,
supervisors and such other staff as it may think necessary and expedient with the
approval of the Bar Council.
COURSES OF EXAMINATION
- The Committee shall hold the examination referred to in Rule 45 of the Rules in
the courses prescribed for study by the Bar Council in that behalf. It may forward
proposals to the Bar Council for such modifications of the said courses of study
as it may from time to tie think fit and proper.
RESULT OF EXAMINATION
- The Secretary shall tabulate and prepare the result of the Examination and he shall
announce them, after the have been approved by the Committee which shall have the
Power to make such modifications therein as it considers necessary.
- The Committee shall have all powers incidental to the Holding of the examination
such as fixing the dates of examination and declaration of results ant.
PUNISHMENT OF EXAMINERS
- The Committee shall report to the Bar Council the conduct of a candidate appearing
at the Advocates examination for the breach, of rules of examination or for any
improper conduct. The Bar Council shall inflict such punishment as it think in and
- At all meetings of the Training and Examination Committee three members Present
shall form a quorum.
The functions of the Rules Committee shall be as follows.
- The Rules Committee shall consist of five members elected by the Bar Council.
DRAFT OF RULES
- The Rules Committee shall prepare and submit to the State Bar Council the draft
of the rules required to be framed under the Act.
MODIFICATIONS IN RULES
- The Rules Committee may suggest to the Bar Council from time to time any modifications,
alterations of additions to or omissions from the Rules framed under the act.
- The Rules Committee shall submit to the Bar Council the Draft of forms prescribed
by the Act and may recommend to it from time to time such modifications therein
as it may deem fit.
- The Convener of the Rules Committee may cause such meetings of the Committee to
be convened by the Secretary as he may think fit for The disposal of its business.
- At the meeting of the Rules committee three members present shall forma a quorum.
RULES FRAMED UNDER SECTIO 15 (2) (K) OF THE ADVOCATES ACT, 1961
Appointment of ministerial officers, their duties and their
- The Council shall appoint a Secretary and may appoint the following staff for the
purposes of managing its affairs:-
- An Accountant.
- Clerks and Stenographers.
- Any other temporary employee for a period of 3 months as may be considered necessary
to be appointed by the Chairman on the report of the Such an appointment shall to
reported to the Council at its next meeting.
- The Secretary shall be.
- A citizen of India.
- A graduate in Arts, Science or Commerce of a university established by law in India.
- A graduate in Law of University recognized in India,
- An Advocate of at least seven years standing.
- Not less than 35 years of age and not more than 50 years of age.
- He should have good knowledge of Hindi for which a proficiency test may be taken
by the Bar Council Before Final appointment. Provided that if at any time the Council
considers that relaxation in clause (e) in regard to the age of a candidate is necessary,
it may give relaxation with regard to age upto five years only either way. Provided
further that if at any tine the Council considers that any suitable candidate from
amongst the Advocates is not available, it may appoint for a limited period only
a serving or a retired office of the State Government of the Union Government, having
judicial or administrative experience and having put in at least seven years service
as a Gazetted officer of such terms and conditions as it may decide subject to the
age limit prescribed in proviso.
- The Secretary shall be a stipendiary Secretary appointed by the Bar Council at a
general meeting. The stipendiary Secretary shall draw pay in the scale of Rs, 1050-70-1470-120-2550.
In additional to this the secretary shall be entitled to such allowances as may
be prescribed by the Bar Council from time to time. Provided that the Bar Council
may in special circumstances allow a start higher than the initial salary of Rs.
1050/- to an incumbent in the prescribed scale. The age of superannuation shall
be 60 years but the Council may extent it by two years in special cases.
The Bar Council may also appoint a deputy Secretary as and
then it considers necessary.
The Deputy Secretary shall be:-
- A citizen of India.
- A graduate in Law of University recognized in India,
- An Advocate of at least five years standing.
- Not less than 30 years of age and not more than 50 years of age.
- He shall draw pay in the scale of Rs. 450-30-750-EB-50-1000.
- He shall have good knowledge of Hindi for which a proficiency test may be taken
by the Bar Council before final appointment. In addition to the above, the deputy
Secretary shall be entitled to such allowances as may be prescribed by the Bar Council
from time to time. The age of superannuation shall be 50 years but the Council may
extend it by two years in special cases. Provided that if at any time the Council
considers that a person of requisite qualifications is not available it may relax
any of the qualifications mentioned in Clauses (c), (d) and (e). Provided further
that if a suitable candidate amongst Advocates of requisite qualifications is not
available the Bar Council may appoint for a limited period only a serving ofr a
retired officer of the State government having judicial or administrative experience
and having put in at least three years of service as a Gazetted Officer, on such
terms and conditions as may be decided by the Bar Council.
(iii) The Accountant shall Possess the following qualifications:-
- He should be a graduate in Commerce with accountancy or holds a diploma in accountancy
of a recognized University.
- Has served as an accountant in Bar Council or its any government department or established
commercial consent or in limited Company or a Local Body or any other statutory
authority for a period of not less than seven years.
- He should not be less than 30 years of age.
(iv) Accountant shall draw in the scale of pay of Rs. 580-40-980-80-1600.
(v) Office Superintendent scale of pay 575-40-980-80-1595.
(vi) Steno-Typist may draw a salary in the scale of pay Rs.
425-25-700-45-1150 a special allowance of Rs. 20- per month if he possess higher
shorthand government examination of Pitman’s-Certificate of 120 words a minute.
(vii) Clerks may draw a salary in the Scale of pay of Rs.
(viii) Daftry- Rs. 275-15-425-20-585-25-625.
(ix) Peons may draw a salary in the scale of pay of Rs. 240-15-390-20-590-25-640.
(x) Sweepers and Malis- Salary of pay Rs. 180-20-280-15-430-25-480.
(xi) The employees of the Bar Council shall be entitled to
Dearness allowance, house Rent allowance and City Compensatory allowance in accordance
with the U.P. Government rules. Revised from time to time.
- Must be a graduate with Hindi as one of his subjects in the degree examination or
a ‘Shastri’ or ‘Sahitya ratna’ in lieu of B.A.
- Must be an experienced Stenographer with a speed of 100 words per minute in shorthand
and with a typing speed of 40 words per minute as far as possible, Scale of pay
Rs. 425-25-700-45-1150. A higher start in the above scale may be given to a candidate
possessing experience and special qualifications.
Pay scale Rs. 250-15-400-20-600.
- Should be citizen of India.
- Should possess the minimum qualification of High School of the U.P. Board, or any
other recognized equivalent qualification.
- Should not be less than 21 Years of age and not more than 35 Years of age.
- The Cashier shall have to furnish a Cash Security of Rs. 2000 and a fidelity Bond
of Rs. 4000.
- Should possess knowledge of keeping the accounts.
Pay Scale Rs. 250-15-400-20-600.
- The applicant must have been passed intermediate of Equivalent examination from
the recognized Institution.
- Should possess English or Hindi typewriting speed of at least 30 words per minute.
- Should he between 18 Years to 27 years age, on 1.1.76
Pay scale Rs. 425-25-700-45-1150.
- The applicant must be a Graduate from recogised University and should possess speed
of 120 and 35 words P.M. in Steno and English Typewriting respectively.
- Should have an experience of 5 years as an English Stenographer in any office. Candidates
possessing more than 5 years experience shall be preferred.
- Should be between 18 years to 45 years of age. The Staff of the Council shall work
under the direction supervision and control of the Secretary.
SALARIES LEAVE AND ALLOWANCES
The salaries and qualifications of the above mentioned staff
may be fixed and revised by the Council from time to time. Their leave and allowances
shall be regulated by the Bar Council.
The powers and duties of the Secretary shall be:-
- To attend the meeting of the ar Council and the meeting of the standing committee
and the Sub-Committees.
- To keep the minutes of the proceedings of the meeting of the Bar Council and Standing
committees and the Sub-Committees.
- To receive applications for enrolment of Advocates and after satisfying himself
that they are in order circulate them among the members of the Enrolment Committee.
- To enroll Advocates after their enron\lment has been approved by the Enrolment Committee.
- To issue enrolment certificate under his signature.
- To be the Custodian of the records. Library, Common Seal and such other property
of the Bar Council as it might possess from time to time and to be the sole authority
in charge of the office and keep control-over all the employees of the office.
- To maintain complete and accurate accounts together with all receipts, vouchers
and documents and to incur and sancton a expenses within the budget.
- To conduct correspondence ad to supply information.
- To prepare the Annual Report and th Balance Sheet.
- To superintendent the work of the office and to report for the termination of the
services of any employee or of the appointment of any permanent or temporary employee.
- to receive and grant receipts for moneys on behalf of the Council.
- To deposit the monies received on behalf of the Council in to the Bank on the next
working day, and to see to the security of cash in hand take such steps in the matter
as he thinks fit and proper.
- To convene all meeting of the Bar Council statutory Committees and other Committees
- To allow inspection to the parties or their authorized agents of records in cases
of professional misconduct.
- To act as a clerk of the Disciplinary Committee appointed for holding enquiries
and to issue all notice and process in cases referred to it for enquiry.
- The Secretary shall be the Chief Executive Officer of the Council and he shall in
all matters act to the discharge of his duties under the direction and control of
the Council and the Chairman.
- In the absence of the Secretary, the Deputy Secretary shall have the powers and
discharge the duties and functions of the Secretary.
LEAVE AND SERVICE RULES RELATING TO THE STAFF OF THE BAR COUNCIL
- The Secretary and the staff of the Council may be entitled to leave of the following
- Casual leave.
- Eamed leave.
- Leave on Medical Crtificate and
- Unearned leave with half pay or no pay with or without medical certificate as may
be decided upon by the Chairman or Vice0Chairman according to the individual circumstances
of the case. Extraordinary leave can also be granted by the Bar Council. No leave
can be claimed as a matter of right.
- No employee shall be absent on casual leave for more than 14 days during one calendar
year casual leave may be combined with Sundays and other authorized holydays provided
the total period does not exceed 10 days at a time.
- Casual Leave shall ordinarily be availed of with the previous permission of the
Secretary, and in the case of secretary, of the Chairman.
- 4. An employee of the Bar Council shall earn leave on full pay at the rate of one
eleventh of the period spent on duty provided that he shall cease to earn leave
while he has to his credit such leave amounting to 60 days. Provided that an employee
shall be entitled to encashment of his earned leave equal to one month salary 03
surrender of his 30 days earned leave of he has 30 days or more such leave to his
Provided further that absence on leave of any kind shall
not be counted as period spent on duty. Provided no employee of the Bar Council
shall be entitled to earned leave unless he has completed six month’s service
- Service in the Council shall be treated as service in a non-vacation Department.
- Leave on Medical Certificate may be granted to an employee of the Bar Council for
a total period of one year of the entire service on full or half pay in the discretion
of the Executive Committee and up to a maximum of 3 months at any one time.
Provided that no temporary employee of the Bar Council shall
be entitled to medical leave unless he has completed one year’s service. Provided
that an employee shall be entitled to medical leave for 10 days in a ear on completion
of one year’s permanent service and such medical leave shall not lapse.
- Earned leave or leave on medical certificate may to combined but the total of such
leave shall not exceed four months at a time.
- Extra-Ordinary leave when no leave of any kind stands to the credit of on employee,
may be granted with or without pay upto a period of one month ft a time.
Provided the Bar Council may grant such leave upto a maximum
period of two years without pay as it may deem proper and reasonable.
- The Council shall maintain an attendance Register.
- The working hours for the Council Officer shall be from 10A.M. to 5 P.M, on all
working days with a recess of one hour between 1 P.M. to 2 P.M.
- The Members of the staff not leave the office during the office hours without the
permission of the Secretary or the Officer Incharge.
The Secretary shall also observe office hours and shall
not leave the office without any cogent reason.
- The age of retirement of the members of the staff shall be 58 years, provided that
the Council may extend the age of retirement if it thinks fit, for a total period
of two years, in any particular case.
- Members of the staff are subject to the disciplinary jurisdiction of the council.
- No member of the shall of the Council shall be removed, dismissed, or retired compulsorily
unless he has been given a reasonable opportunity of showing cause against the action
proposed to be taken in regard to him provided that this rule shall not apply when
he is removed or dismissed from service on the ground of conduct which has led to
his conviction on a criminal charge involving moral turpitude.
- Whenever an action is proposed to be taken against any member of the staff under
Sub-rule (a) above the Council shall frame charges, enquire into the same after
giving sufficient opportunity to the members of staff as provided above and the
decision of the Council and the proposed punishment to be awarded shall be given
to the members of the staff which shall be required to show cause why the proposed
punishment should not be given. After giving an opportunity to him to do so, the
Council shall give its decision as regard the punishment to be given and it shall
be enforced accordingly. It shall be lawful for the Council to award a punishment
less severe than that indicated in the notice.
- Whenever the member of the staff refused notice or after receipt of the notice does
not offer an explanation within the time allowed or within such extended time as
the Council may permit, it shall be deemed that he has no explanation to offer.
- Pending enquiry into the charges provided for in Sub-Rule (a) and (b) above, the
Council may suspend a member of the staff. During the period of suspension, he shall
be paid one third (1/3) of his salary. Incase the charges are not proved or are
withdrawn, he shall be entitled to the balance of his salary during the period of
- For the purpose of the enquired the council may delegate its powers to a sub-Committee
ad the report of the Sub-Committee shall be duly placed before the Council for necessary
action and the Chairman shall give effect to the decision of the Council.
- The temporary employees shall have the benefit of:
Casual Leave for the maximum period of 14 days in a year
and that they shall be entitled to such casual leave in proportion of the period
of their service.
- The Service of a temporary employee may be terminated on one month’s notice or one
month’s pay in lieu thereof.
- 18. A separate leave register shall be maintained for the leave records of the Secretary
and the Deputy Secretary and the Chairman shall make the entry in the said register
while sanctioning the leave application of the Secretary and the Secretary shall
make the entry in the said register while sanctioning the leave application of the
Deputy Secretary .
Medical facilities to the employees of the Bar Council and their dependants:-
- The employees of the council shall be entitled to medical facilities I respect of
themselves and their families subject to the following conditions:-
(a) Employee means a permanent employee or a temporary employee who has completed
at least one year’s service.
(b) Family means wholly dependant wife/husband, legitimate children and parents
dependant upon the employees of the Bar Council.
- The employees claiming the relief shall produce a medical certificate if a registered
medical practitioner along with the medical Bills and if the Secretary is satisfied
with the genuineness of the claim he shall recommend to the Executive Committee
for sanction of the claim.
- The amount shall not exceed one month’s salary of the employee during the financial
year in question.
Provided that if the employee suffers from a serious type
of disease which requires special or prolonged treatment he may be sanctioned such
amount by the Executive Committee of the Bar Council according to the exigency of
During the illness of an employee, the employee concerned
may be advanced such amount as the Chairman may think reasonable and proper. If
the amount so advanced is in excess of the actual bill submitted under Sub-rule
(iii) above during the financial ear the Balance of the amount shall be paid back
to the Council’s account by the employee within a year from the date of withdrawal
and shall be deducted from his pay in six monthly instalments.
Rules framed under Section 15 (2) (m) & (n)
PAYMENT HOW RECEIVID
- All money to be paid to the Bar Council by way of enrolment shall be paid to the
Secretary ie cash or Bank Draft.
DEOISUT UB STATE BANK OF INDIA
- All monies received in cash or by Bank Draft by the Secretary shall be deposited
in the current account of the Council in the Bank by the next working day.
PAYMENT HOW MADE
- As far as possible all payments except petty items shall be made by cheques or drafts
of in case of money order with the sanction of the Chairman or Vive-Chairman and
for all payments made, voucher shall be maintained. Provided that in case of T.A.
Bills payable to members of the Council, payment be made by cheque, draft or cash
as convenient to them, provided further in case of drafts the members concerned
shall bear the expenses.
CHIQUES HOW TO BE SIGNED
- Every cheque on the Bank shall be signed by the chairman or the Vice-Chairman and
- The Secretary shall have in his hands a sum of Rs. 500/- only for contingent expenses
and shall recoupe the same from time to time.
SECRETARY TO KEEP ACCOUNTS
- Secretary shall maintain a true account of all income and expense together with
- The Council may from time to time invest its funds in Government Securities or other
Securities, authorized under the Trust Act.
- The account of the Council shall be audited every year by an auditor to by appointed
by the Council in accordance with the provisions of Section 12(2) of the Advocates’
- The Auditor shall audit the accounts of the year ending the financial year and Audit
report with the Auditors objections of any and notes of the Secretary shall be placed
at the next meeting of the Bar Council.
- The Bar Council shall appoint an auditor for auditing the accounts of the year ending
31st March within three months of the close of the year and the report of the Auditor
should be submitted within six months of the close of the financial year.
Rules for T.A. and allowance relating to Members of the Bar
Council framed under Section 15(1) of the Advocates Act, 1961.
- These rules shall be called the Bar Council of Uttar Pradesh Rules for travelling
and other allowances payable to the members of the Council.
- In these Rules unless there is any thing repugnant to the subject or context.
- ‘act’ means the Advocates Act, 1961 as amended from time to time.
- ‘Council’ means the Bar Council of Uttar Pradesh.
- ‘Committee’ means a committee appointed by the Bar Council.
- ‘Meeting’ means a meeting of the Bar Council or that of a Committee.
- ‘Chairman’ means the Chairman of the meeting.
- ‘Member’ means a member of the Council elected under the provisions of Section 3[b]
of the Act and also such persons as are elected by the council from amongst Advocates
on roll under Section 9  of the Act.
- ‘Secretary’ means the Secretary of the Bar Council.
- ‘address’ means the postal address of a member where all communications meant for
him are to be sent and the place where he ordinarily practices.
- ‘Day’ means the calendar day beginning and ending of midnight.
- ‘Place of Residence’ shall mean the permanent place of business as entered in the
Roll of Advocates maintained under Section 17 of the Act.
- A member who has to leave his place of residence to attend the meeting shall be
entitled to draw.
- AC IInd Railway Fares from his place of residence to the place of the meeting and
back, both ways inclusive.
- Where there is no railway and the journey is performed by the Motor Car or an other
means of conveyance the rates shall be as follows.
- Motor Car Rs. 9/- Per Km.
- Daily allowance at the rate of Rs. 1000/- per day for attending meeting. Provided
that the daily allowance for attending a meeting in a hill station shall be Rs.
2000/- per day.
- A member whose place of residence is at a place of the meeting shall be entitled
to draw an allowances of Rs. 50/- per day for attending the meeting.
- Bills for travelling and daily allowances under these rules shall be drawn up and
signed by the members concerned in the prescribed form attached here to and shall
be countersigned by the Secretary.
- Any matter not specifically provided for in these rules shall be at the discretion
of the Chairman.
CHAPTER – X
Rules framed under Section 15 (2) (L) of the Act
- The Bar Council shall maintain the following books and registers etc. in such forms
as may be prescribed.
- Roll of Advocates.
- Minutes books of the Bar Council and of its Committees and Sub-Committees.
- Stock book of the assets of the Bar Council.
- Receipt and Dispatch Registers,
- Ledger, Day, Book, Cash Book and
- Register of investments.
- Register of application for enrolment.
- Register of trainees.
- Register of application for examinations and Results.
- Register of Complaints against Advocates, showing the nature of complaint, action
taken and result thereof.
- Index Register.
- Catalogue Books.
- Attendance Register
- Provident Fund accounts Register
- Acquaintance Roll
- Receipt Book
- Any other register- book or record as may be directed by the Bar Council from time
to time or may be deemed necessary by the Secretary.
- Each book/register shall be maintained by the Employee of the Council keeling with
the subject to which it relates and he shall be responsible for keeping it upto
date and under safe custody.
- Each book Register shall be page-marked before it is brought into use and the number
of pages in each Book/Register shall be noted on the back of its cover or title
page under the signatures of the Secretary.
- Each Book/Register shall be get bound or rebound as and when necessary.
- Entries in each Book/Register shall be made in next legible hand, No overwriting
shall be made, all corrections and deletions which become necessary shall however,
be signed y the employee making them.
- All Books and Register, etc shall be kept in locked almirahis when not in use. In
the event of the loss or mutation of any Book/Register, detailed report shall be
made by the employee concerned to the Secretary stating the circumstances in which
the loss or mutilation took place. Steps taken to reconstruct the same and precautions
taken to avoid such loss of mutilation in future. In the case of the loss of any
book of account, roll of Advocates or other important register etc. the Secretary
shall make a report to the Chairman.
- In case it is found that any book or register etc. has not been maintained properly
or that it has been lost or damaged owing to the negligence of any employee of the
Council Disciplinary proceedings shall be taken against him and the result thereof
shall be soted in his service records.
PROVIDENT FUND RULES:
- These rules shall be called the ‘Uttar Pradesh Bar Council provident Fund Rules’
and shall apply to all permanent and where time employees of the Uttar Pradesh Bar
- The following terms and expressions shall have the meaning assigned to them in the
‘Fund’ means the Provident fund established and maintained under these rules.
‘Council’ means the Bar Council of Uttar Pradesh. ‘Employee’ means and includes
every person holding a substantive permanent appointment in the Council but does
not include an honorary appointment.
‘Emoluments’ means monthly pay, substantive and officiating, special or personal
and leave salary and dearness allowances or honorarium.
‘Depositor’ means an employee who is eligible to and is subscribing to the fund
under the Rules.
‘Subscription’ means the amount paid to the fund by the Council under these Rules.
- Every employee shall have to subscribe to the Fund at the rate of 10% [percent]
of his emoluments. This will be deducted from his salary at the time of payment
of his salary every month and shall be deposited in a separate Savings Bank Account
in the State Bank of India, Post Office Savings Bank Account or any other scheduled
- The Council shall also contribute every month an amount equal to the subscription
of the employee and deposit it in the same account.
- The fund may be invested from time to time at the discretion of the Council in Government
and other authorized securities to the best advantage of the employee. And the interest
allowed by the Bank and also the interest earned on the securities will be credited
to the same account.
- In the case of urgent and exceptional necessity, the Chairman may sanction to an
employee as advance from his and on such terms as the Chairman may consider proper,
provided that the advance does not exceed 2/3rd of the total deposit of his subscription
to his credit.
- 7. The advance shall be recovered from the employee within a period of 36 months
in equal monthly installments which shall be deducted from his salary the first
of installments shall fall due from the next month in which the advance is made.
- 8. Each employee shall make a declaration in writing showing in clear terms how
he wishes the amount at his credit in the Fund to be disposed of on his death. This
declaration may be revised by the employee by making another declaration specifically
declaring it to be in supersession of his earlier declaration Every declaration
must be handed over by the employee personally to the Secretary who will make an
endorsement thereon and make a not of it in the appropriate book.
- [a] The amount subscribed by the employee shall be paid to him on retirement of
giving up the service of the Council or to his nominee on his death, subject to
any deduction to be made on account of any sum due to him to the Council.
[b] The amount contributed by the Bar Council to the Fund together with interest
thereon shall not be paid to the employee if the Council dismisses him for misconduct.
In other case e.g. retirement, resignation, or death he or his nominee shall be
entitled to the whole of the contribution with interest subject to the deduction
for any sum due to the Council from the employee.
- 10. When an employee forreits the contribution and interest thereon, the amount
so forfeited shall cease to form pat of the Fund and shall be credited to the general
account of the Council.
- The Council may from time to time amend add to or repeat these rules or any of them
and shall have power to interpret them and to decide cases of dispute or doubt and
its decision shall be final.
- The provisions of the Provident Fund Act shall apply to the extent that they are
not inconsistent with these rules.
RULES FOR PAYMENT OF OVER TIME ALLOWANCE
Rules for payment for worming on worming days
If the staff has to work beyond office hours for the work
of ay Committee on working days, payment ot extra allowance per hour should be made
according to the following rules. The hours should be calculated from the actual
time announced for the meeting.
[a] No payment shall be made to ay member of the staff for attendance at office
or work done half an hour before the office opens, or within an hour after normal
closing hour of the office or work done half an hour before the office opens, or
within an hour after normal closing hour of the office or for any miscellaneous
work on a working day not involving more than an hour.
- For work done beyond the time specified in rule 1 during working days, payment shall
be made at one and half times, the emoluments as would be payable on the Ist of
the succeeding month.
- The work ‘emoluments means and includes the salary, dearness
allowance and the dearness pay, for the purpose of these rules.
- For the purpose
of calculation every month shall be divided into 150 working hours.
Provided that if a member of the staff is required to attend
and attends office or does work for more than 30 minutes before the office opens
or for more than one hour after the normal closing hour of the office, he should
be entitled to payment of over time allowance as provided for in Sub-Rule (b) for
the full period of such attendance or work without excluding the period of 30 minutes
before office opens or one hour after office normal closing hour.
[c] These rules shall be applicable to all the members of the staff.
[d] No salaried employees of the Bar Council shall be entitled to any over-time
allowance other than for attending the meetings of the Council and Committee without
prior sanction in writing of the Chairman on the Bar Council for any over time work
to be done.
- These rules shall be called the gratuity rules for the employees of the Bar Council
of Uttar Pradesh.
- In these rules in the absence of anything repugnant to the context:-
(i) ‘Gratuity Fund’ shall mean the fund created and maintained under these rules
for the payment of gratuity to the employees of the Council.
(ii) ‘Employer’ shall mean the Bar Council of Uttar Pradesh.
(iii) ‘Employee’ shall refer to the permanent employees of the Bar Council of Uttar
(iv) ‘Salary’ includes dearness allowance and does not include any other allowance.
- 3. A permanent employee of the Bar Council who has completed three years of permanent
service after confirmation shall be paid at the end of his service, on retirement
or otherwise, gratuity equal to 3/4th of the month’s salary last drawn by him. For
each completed year of his such service.
Provided that in no case shall the amount of gratuity exceed
fifteen times the monthly salary last drawn by him. Provided also that no gratuity
shall be payable in the case of a member of the staff who has been dismissed for
- If a permanent member of the staff who has completed three year’s qualifying service
dies while in service such member or members of his family as may have been nominated,
or his heirs and legal representatives. As the case may be, shall be paid gratuity,
at the rate of one month’s salary for each completed year of service of the employee
provided that the maximum amount payable shall ot in any case exceed 3/4th of the
monthly salary [last drawn] for a period of 15 months.
Provided that the Bar Council may, in ay particular case,
in its discretion pay a larger sum than was payable to the employee not exceeding
however, the maximum amount that may be paid as aforesaid under these rules.
- The Bar Council of Uttar Pradesh shall have and maintain a special call the ‘Gratuity
- 6. The Bar Council of Uttar Pradesh shall [ 1]pay to the Fund referred to in Rule
5 within a month from the date on which these rules are approved, an amount equal
to 8-1/3% of the salary of the each employees of the Council for the period of his
service till the date when these rules come into force and [b] also pay to the said
Fund cot later than the 1st of May of each subsequent year 8-1/3% of the salary
of each employees as on the 31st March of each subsequent year.
- 7. The amount referred to in Rule 6 shall be deposited in a separate Savings Bank
Account of State Bank of India at Allahabad to be ooetated by the Chairman or the
Vice0’Chairman and the Secretary.
- Separate accounts shall be maintained for the Fund showing the amounts contributed
by the Council, the investments made thereof the interest accrued and the amount
in the Fund at the and of each financial year, the payments made to the employees
and such other particulars as are necessary.
- These Rules shall come into force on the 1st of July. 1967.
Rules for T.A. and allowances relating to the staff of the Bar
Council framed under Section 15 (1) of the Advocates Act, 1961.
- These rules shall be called the Bar Council of Uttar Pradesh Rules for travelling
and other allowances payable to the members of the Council and the staff.
- In these rules unless there is anything repugnant to the subject or context.
- ‘Act’ means the Advocates Act, 1961as amended from tie to time.
- ‘Council’ means the Bar Council of Uttar Pradesh,
- ‘Committee’ means a committee appointed by the Bar Council.
- ‘Meeting’ means a meeting of the Bar Council or that of a Committee.
- ‘Member’ means a member of the Council elected under the provisions of Section 3(2)
[b] of the Act and also such persons as are elected by the council from amongst
advocates of roll under Section 9[i] of the Act.
- ‘Secretary’ means the salaried Secretary of the Council.
- ‘Day’ means the Calendar day beginning and ending at midnight.
- ‘Staff’ means and includes the Secretary difined in these rules and all other persons
in the employment of the Council.
- ‘Employee’ means and includes every person holding and salaried appointment in the
- The employees of the Council shall be entitled to travelling and daily allowance
and other travel concessions in accordance with the U.P. Government Rules revised
from time to time.
- Staff shall be entitled to daily allowance on outstation duties at the following
44.00 per day.
40.00 per day.
32.00 per day.
Peons and others Rs.
26.00 per day.
In case of Hill Stations and class one cities outside the state, the daily allowance
shall be twice the rates fixed above.
- Bills for travelling and daily allowances under these rules shall be drawn up and
signed by the employee concerned in the prescribed form and shall he countersigned
by the Secretary.
- Any employee attending the duties while on business of the Council out of station
even on holidays shall not be allowed any other allowance except daily allowance
and travelling allowance.
- Conveyance allowance shall not be permissible to any member of the staff within
a radious of 5 miles from the office of the Bar Council.
Provided that the Secretary may sanction the actual conveyance charges to the staff
un special cases and circumstances.
- Loan Rules applicable to he U.P. Govt. employees shall also be applicable to the
employees of the Bar Council, revised from time to time.
Rules under sections 28 (2) (c) and S, 26 of the Act (Enrolment)
- Every applicant for admission as an Advocate, including those who have undergone
the course of training and passed the prescribed examination, shall make an application
in Form 1 of Appendix 1 and shall attach to the application the certificates mentioned
in Chapter XIV, rule 34 and a receipt indicating the payment by him of a sum of
Rs. 250 as enrolment fee. The form shall be dated signed and verified by the applicant,
Attested copies of all certificates required shall also be attached to the application.
The original of the certificates so attached shall be returned to the applicant
after the disposal of the application.
- The enrolment fee may be paid in instalments but the entire fee of Rs.250/- must
have been paid before the applicant is enrolled as an Advocate.
- 3. The application for admission shall be registered and scrutinized by the Secretary
who shall call upon the applicant to rectify the defects if any. In the application.
- The Bar Council shall refer every application for admission as an Advocate to the
- The application for enrolment shall then be circulated among all members of the
Enrolment Committee and if two members of the Enrolment Committee are satisfied
that the applicant is entitled to be enrolled, he shall be enrolled.
- 6. In the event of the Enrolment Committee feeling any doubt or difficulty as to
the eligibility of the person seeking admission or as to the interpretation of any
of the provisions of the Act or the rules or any resolutions or directions of the
Bar Council it shall refer the application to the Bar Council for clarification
of such doubt, and shall finally dispose of the application in the light of the
ruling and/or directions given by the Bar Council in that behalf.
- If the Enrolment Committee should be of the opinion that any application for admission
made to the Bar Council and referred to for disposal ought to be rejected, it shall
record its reasons in a statement and shall refer the application under section
26 (2) of the Act for opinion to the Bar Council of India through the Bar Council
and dispose it of in conformity with the opinion of the Bar Council of India. Rule
under section 28 (1) (c) and Section 24 and 25 of the Act
- The form 1 of Appendix 1 prescribed for the application for enrolment shall contain
all the particulars necessary under section 24 of the Act, and the following further
(a) The date of birth of the applicant, as entered in the certificate of passing
the High School Examination or any other equivalent examination.
(b) Where the date of birth is not entered in the certificate mentioned in sub-rule
(a) of rule 1 of Chapter XIV, the applicant shall state the correct date of his
birth, The Enrolment Committee on being satisfied of the correctness of the date
given by the applicant shall accept the same.
(c) The certificate of the applicants call to the Bar or of his having passed necessary
(d) The date of the applicant’s enrolment if any as a pleader vakil, attorney or
advocates accompanied by a certificate of such enrolment and of practice as such
from the District judge in whose jurisdiction he practiced.
(e) A declaration that the candidate intends to practice ordinarily and regularly
within the jurisdiction of the Bar Council.
(f) A declaration as to whether the applicant has previously applied for admissionas
an Advocate to the Supreme Court of India or to any High Court or to any State Bar
Council and whether any such application has bee refused.
(g) An affidavit that the applicant is a citizen of India or if he is a national
of any other country, an affidavit of such nationality.
(h) A declaration that the applicant will truly and honestly and to the best of
his knowledge and ability act and conduct himself as an advocate and faithfully
observe and obey all rules made by the Bar Council for regulating the conduct of
advocates on the toll of advocates of the Bar Council.
(i) A declaration that he will be Faithfull and loyal to the constitution of India.
- The application for enrolment must be accompanied by a certificate of his having
been called to the Bar or by a certificate of his having passed the required examination
in law and by a certificate of training and of his having passed the examination
provided for in these notes, or a certificate of enrolment as pleader, vakil, attorney
or advocate, as the case may be. A certificate as to the conduct and the character
of the applicant and any other certificate required by the rules, must also be attached
to the application for enrolment.
- No Advocate shall accept ay employment which in the opinion of the Bar Council.
Is derogatory to the status of an Advocate, and if he does so, he shall be liable
to be proceeded against for the professional misconduct.
- A person who is otherwise qualified to be admitted as an Advocate but is either
in full or part-time service or employment or is engaged in any trade. Provided,
however, that this rule shall not apply to-
(i) Any person who is a Law Officer of the Central Government other Government of
(ii) Any person who is an articled Clerk of an Attorney
(iii) Any person who is an assistant to an Advocate or to an Attorney who is an
(iv) Any person who is in part-time service as a Professor, Lecturer or Teacher
(v) Any person who by virtue of being a member of Hindu joint family has a interest
in a joint Hindu family business, provided he does not take part in the management
(vi) Any other person or class of persons as the Bar Council of India may from time
to time exempt.
- Candidates who are or may be doing honorary service may be enrolled as Advocates
on furnishing an affidavit to that effect.
- The application for enrolment shall contain a declaration in writing, signed y the
applicant that he will truly and honestly and to the best of his knowledge and ability
an\ct and conduct himself as an Advocate and faithfully observe and obey all rules
or orders in force which have been made or which shall thereafter be made by the
High Court and the Bar Council.
- No person whose application for admission as an Advocate has been refused by the
Supreme Court of India, or by any High Court in India or by any other State Bar
Council shall ordinarily be admitted as an Advocate by the Bar Council. Before admitting
any such advocate it shat be necessary to refer the matter to the authority which
refused the earlier application and to obtain its opinion.
- Any advocate who enters into ay service or engages in any trade, business or profession
shall forthwith surrender his certificate to the Bar Council. He shall be entitled
to return of his certificate when he leaves the service or ceases to be engaged
in any trade, business or profession.
- Any advocate starting practice in the High Court or I any district shall send an
intimation to the Bar Council of his ordinary place of practice and shall keep the
Bar Council informed of any change in the place where he ordinarily practices.