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Section 8A – The Advocates Act, 1961

The Advocates Act, 1961

 

 

Section.8A. Constitution of Special Committee in the absence of election.

 

1 Constitution of Special Committee in the absence of election.

 

(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of-

 

(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of section 3 to be the Chairman :

PROVIDED that where there are more than one ex officio members, the senior most amongst them shall be the Chairman; and

 

(ii) two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.

 

(2) On the constitution of the Special Committee and until the State Bar Council is constituted-

 

(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;

 

(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;

 

(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.

 

(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reason the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.

 

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1. Section 8A subs. by Act 70 of 1993, sec. 4, for section 8 (w.e.f. 26-12-1993).

 

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