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Section 15 – The Advocates Act, 1961

The Advocates Act, 1961

 

Section.15. Power to make rules.

 

(1) A Bar Council may make rules to carry out the purposes of this Chapter.

 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

 

1(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;

 

2[***]

 

3[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council];

 

(d) the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council 4[or to the office of the Chairman or Vice-Chairman] shall be finally decided.

 

5[***]

 

(f) the filling of casual vacancies in the Bar Council;

 

(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;

 

6[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of section 7;

 

6[***](gb) organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given];

 

(h) the summoning and holding of meetings of the Bar Council, 7[* * *]the conduct of business thereat, and the number of members necessary to constitute a quorum;

 

(i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee;

 

(j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;

 

(k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council;

 

(l) the maintenance of books of accounts and other books by the Bar Council;

 

(m) the appointment of auditors and the audit of the accounts of the Bar Council;

 

(n) the management and investment of the funds of the Bar Council.

 

 

(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.

 

—————

1. Subs. by Act 60 of 1973, sec. 12, for clause (a) (w.e.f. 31-1-1974).

 

2. Clause (b) omitted by Act 60 of 1973, sec. 12 (w.e.f. 31-1-1974).

 

3. Clause (c) ins. by Act 38 of 1977, sec. 5 (w.r.e.f. 31-10-1977).

 

4. Ins. by Act 38 of 1977, sec. 5 (w.r.e.f. 31-10-1977).

 

5. Clause (e) omitted by Act 23 of 1966, sec. 3 (w.r.e.f. 16-8-1961).

 

6. Ins. by Act 60 of 1973, sec. 12 (w.e.f. 31-1-1974).

 

7. The words “the times and places where such meetings ar
e to be held” omitted by Act 60 of 1973, sec. 12 (w.e.f. 31-1-1974).

 

 

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The Advocates Act

 

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