Search Results on rules for query: "BAR COUNCIL OF INDIA RULES PART-IV (LEGAL EDUCATION RULES 2008)"
Related Section(s)1[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe--
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council; (ab) qualifications for membership of a Bar Council and the disqualifications for such membership; (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll; (ae) the manner in which the seniority among advocates may be determined; 3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standards of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act; (f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee; (g) the restrictions in the matter of practice to which senior advocates shall be subject; 4[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;] (h) the fees which may be levied in respect of any matter under this Act; 5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced; (j) any other matter which may be prescribed:] 6[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:] 7[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government. 7[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964). 3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974). 4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964). 6. Subs. by Act 60 of 1973, s. 38, for "Provided that" (w.e.f. 31-1-1974). 7. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 1[(1)] The functions of the Bar Council of India shall be
2* * * * * (b) to lay down standards of professional conduct and etiquette for advocates; (c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council; (d) to safeguard the rights, privileges and interests of advocates; (e) to promote and support law reform; (f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council; (g) to exercise general supervision and control over State Bar Councils; (h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils; (i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf]; 4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest; (ib) to organise legal aid to the poor in the prescribed manner; (ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;] (j) to manage and invest the funds of the Bar Council; (k) to provide for the election of its members; (l) to perform all other functions conferred on it by or under this Act; (m) to do all other things necessary for discharging the aforesaid functions. 4[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of-- (a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf. 5[(c) establishing law libraries.] (3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.]
1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974). 3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). 4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974). 5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). (1) Subject to the provisions of this
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if
he fulfils the following conditions, namely:--
(a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other country; (b) he has completed the age of twenty-one years; (c) he has obtained a degree in law-- (i) before the 1[12th day of March, 1967], from any University in the territory of India; or (ii) before the 15th day of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or 2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a three-year course of study in law from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any University outside the territory of India, if the degree is recognised for the purposes of this Act by the Bar Council of India; or] 4[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed passed the article clerk's examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court; or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]; 6* * * * * (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council:] Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees.] 10[Explanation.-- For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.] (2) Notwithstanding anything contained in sub-section (1), 11[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll if he-- (a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and (b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 12[(3) Notwithstanding anything contained in sub-section (1) a person who-- (a) 13*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time time to be enrolled under any law 14*** as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or-- 15[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or] 16* * * * * (c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935 (25 & 26 Geo. 5 C 42); or (d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he-- (i) makes an application for such enrolment in accordance with the provisions of this Act; and (ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 17* * * * *
1. Subs. by Act 60 of 1973, s. 18, for 28th day of February, 1963 (w.e.f. 31-1-1974).
2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974). 3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964). 4. Subs. by Act 60 of 1973, s. 18, for he is a barrister (w.e.f. 31-1-1974). 5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f 31-1-1974). 7 . Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974). 8. Subs. by Act 70 of 1993, s. 6, for "two hundred and fifty rupees" (w.e.f. 26-12-1993). 9. Subs. by Act 70 of 1993, s. 6, for "one hundred and twenty-five rupees" (w.e.f. 26-12-1993). 10. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962). 11. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964). 12. Ins. by s. 13, ibid. (w.e.f. 16-5-1964). 13. The words, "figures and letter before the 31st day of March, 1964", omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968). 14. The words "then in force" omitted by s. 2, ibid. (w.e.f. 5-6- 1968). 15. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 16. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974). 17. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976) (1) This Act may be called the Advocates Act, 1961.
1[(2) It extends to the whole of India.] (3) It 2[shall, in relation to the territories other than those referred to in sub-section (4), come into force] on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates3 may be appointed for different provisions of this Act. 4[(4) This Act shall, in relation to the State of Jammu and Kashmir*5 and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]
1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).
2. Subs. by s. 2, ibid., for "shall come into force" (w.e.f. 31-1-1974). 3. The provisions of the Act have been brought into force as under:-- 16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50(2), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 1961,vide notification No. S.O. 2919, dated 13th December, 1961, in respect of s. 50(1), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 24th January, 1962,vide notification No. S.O. 297, dated 24th January 1962, in respect of ss. 51 and 52, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary, Part II, sec. (ii). 4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter VI except s. 46, sub-sections (1) and (2) of s. 50, ss. 51 and 52, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st September, 1963, vide notification No. S.O. 2509, dated 31st August, 1963, in respect of Chapter V, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapters I, II, III, section 32 of Chapter IV and Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 1969, vide notification No. S.O. 1500, dated 5th April, 1969, in respect of ss. 29, 31, 33 and 34 of Chapter IV, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979, except section 30 in respect of the Union territory of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i). 15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India, Extraordinary, Part II, sec. 3(i). 4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974). 5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and Kashmir. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. |
