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Section 6 – The Advocates Act, 1961

The Advocates Act, 1961

 

 

Section.6. Functions of State Bar Councils.

(1) The functions of a State Bar Council shall be-

 

(a) to admit persons as advocates on its roll;

 

(b) to prepare and maintain such roll;

 

(c) to entertain and determine cases of misconduct against

advocates on its roll;

 

(d) to safeguard the rights, privileges and interests of advocates on its roll;

 

1[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;]

 

(e) to promote and support law reform;

 

2[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

 

(eee) to organise legal aid to the poor in the prescribed manner;]

 

(f) to manage and invest the funds of the Bar Council;

 

(g) to provide for the election of its members;

 

3[(gg) to visit and inspect universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;]

 

(h) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary for discharging the aforesaid functions.

 

4[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of-

 

(a) giving financial assistance to organise welfare schemes for the 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.]

 

 

6(3) A State Bar Council 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.]

 

COMMENTS

 

(i) Model Bye-Laws framed by Bar Council of U.P. which were adopted by the Bar Council Association of Advocates. The petitioner objected in his writ petition that section 6 of the Advocates Act does not confer power to frame Model Bye-Laws and/or compel Bar Association of advocates to adopt it. None of the members of the Bar Council Association of Advocates, other than the petitioner, had challenged the enforcement of the Model Bye-Laws. The petitioner (as individual) in case of his genuine grievance can, if so desired, approach appropriate authority (in this case Register of Societies) under Societies Act) for redressal of his grievance; Neel Kanth Tiwari v. State of Uttar Pradesh, AIR 2006 All 243.

 

(ii) When once the resolution was quashed petitioners continue to be members of the Bar Association and such continuance would enable them to get the requisite stamps from the Bar Association and practise the profession; V. Abdul Azeez v. Alappuzha Bar Association, AIR 1993 Ker 201.

 

 

1 Inserted by Act 70 of 1993, sec. 2(i)(a).

2. Inserted by Act 60 of 1973 sec. 6 (w.e.f. 31-1-1974).

3. Substituted by Act 70 of 1993 sec. 2(i) (b).

4. Sub-section
(2) and (3) subs. by Act 60 of 1973 sec.6 for sub -section (2).

5. Ins by Act 70 of 1993 sec. 2(ii)


6. Sub-sections (2) and (3) subs. by Act 60 of 1973, sec. 6, for sub-section (2) (w.e.f. 31-1-1974).

 

 

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