Part Viii

Fee leviable under the Act
(Rules under Sec. 49(1)(h) of the Act)

        1.

A state council may levy fees, not exceeding the limits prescribed hereunder in any of the following matters.

               

 

      (a)

Petition challenging the election of one or all members of the State council

º

    Rs. 500.00

      (b)

Complaint of professional misconduct under section 35 of the Act.

º

    Rs. 100.00

 

Provided that no fee shall be payable on a complaint made by any court or tribunal or other statutory body or wherein a proper case the Bar Council grants exemption therefor.

 

 

  (b-1)

The complainant shall be liable to pay in addition to the fee in sub clause (b) the cost of service of process unless the Disciplinary Committee grants exemption therefor.

 

 

      (c)

Certificate as to the date of enrolment and the continuance of the name of the advocate on the roll.

º

      Rs. 25.00

      (d)

Certificate required to be produced with the transfer application under Section 18 of the Act

º

      Rs. 50.00

      (e)

Inspection by complainant or the concerned advocates, of documents relating to the disciplinary matters.

º

      Rs. 10.00

       (f)

Inspection of the roll of the advocates or the voters list.

º

      Rs. 10.00

      (g)

Any application made in any proceedings before a State Council or its Committee other than the Disciplinary Committee.

º

      Rs. 10.00

        2.

A fee as specified hereunder shall be paid in the following matters.

 

 

      (a)

Complaint of professional misconduct referred under section 36 of the Act.

 

...

 

Rs. 100.00

 

Provided that no fee shall be payable on a complaint or appal made by any court or tribunal or other statutory body or where in a proper case the Council grants exemption therefor.

 

 

  (a-1)

The complainant shall be liable to pay in addition to the fee in sub-clause(a) the cost of service of process unless the Disciplinary Committee grants exemption thereof.

 

 

      (b)

An appeal filed under section 37 of the Act

º

    Rs. 100.00

      (c)

An application for stay made to the Council under the Act.

º

      Rs. 50.00

      (d)

(i) An application for inspection

º

      Rs. 10.00

 

(ii) Inspection in cases finally decided when permitted.

º

      Rs. 25.00

      (e)

An application for withdrawal under Section 36 of the Act.

º

      Rs. 50.00

       (f)

An application for Review under the Act.

º

    Rs. 100.00

      (g)

An application for the exercise of its power under Section 48A of the Act (Revision).

º

    Rs. 100.00

      (h)

Any application made in any proceedings before the Council or a Committee other than the Disciplinary Committee.

º

      Rs. 10.00

  3. (a)

Every application for an authenticated copy of any certificate, order of other proceedings, entry on any roll, or any document or deposition in any proceeding, before a State Council or the Council or a Committee thereof shall be accompanied by a fee of Rs. 10/- and the copying charges as follows :

 

 

 

Every exemplification of the order or other documents in addition to the folio and other charges.

º

         Rs. 20/-

 

Copying charges for folio

º

               10/-

A folio shall be deemed to consist of two hundred words, seven figures shall be counted as one word and more than half a folio shall be reckoned as a folio.

      (b)

In any proceedings, summons to witness shall only be issued on payment of the requisite batta and/or charges according to the rates prescribed by the High Court, in the case of a State Council, and the Supreme Court in the case of the Council or a Committee thereof as the case may be.

      (c)

Every interlocutory application, including a petition for excusing delay or for obtaining stay for proceedings of a Disciplinary Committee shall be accompanied by a fee of Rs. 25/- in the case of the Disciplinary Committee of a State Council and a fee of Rs. 25/- in the case of the Disciplinary Committee of the Council.

      (d)

An application by a party to the proceedings for unattested copies of depositions of witnesses may be supplied at the rate of Rs. 5/- for each page of the deposition.

        4.

(a) Application for transfer from one State Bar

Council to another State Bar Council1.                                º       Rs. 500.00

 

(b) Preparation charges of file and other papers

     regarding transfer of name by transferor and

    transferee Bar Councils                                                      Rs. 500.00

 

        5.

For resumption of practice as an Advocate, an applicant shall have to pay a sum of Rs. 500/- in favour of the State Bar Council and Rs. 100/- in favour of the Bar Council of India by way of separate Bank Drafts drawn in favour of the respective bar Councils.2

 


Part-ix

General Principles to be followed by State Bar Councils and Bar Council of India, rules for Supervision and Control by the Bar Council of India

(Rules under Section 49(1) (a), (i) and (j) of the Act)

Election

1.     The election of members to State Councils shall only be by secret ballot. There shall be no voting by post except that a State Council may permit voting by post to advocates eligible to vote and who do not ordinarily practise at the seat of the High Court or the seat of any of the District Courts in the State.

Explanation :- An advocate shall be deemed ordinarily to practise at the place which is given in his address in the Electoral Roll.

2.     Any candidate who by himself or through his agent seems or attempts to secure from any voter his ballot paper with intent to prevent him from transmitting it directly or with intent to ensure that the vote has been cast for a particular candidate shall be guilty of an election malpractice which shall invalidate his election whether or not the result of the election has been materially affected thereby.

3.     The notice of election of members of the State Councils and the results of the elections shall be published in the State Government Gazette or Gazettes as the case may be.

4.     A state Council may require a deposit from every candidate standing at an election, which may be forfeited in case the candidate is unable to secure at least 1/8 of the quota fixed for the election.

5.     All election disputes shall be decided by tribunals constituted by the State Councils.

Funds of state councils

6.     The funds of State Councils must first be deposited in the State Bank of India or any Nationalised Bank before any money could be expended, and disbursement shall ordinarily be made by cheques, unless the amount involved is small.

7.     The State bar Council may decide from time to time investment of its funds in the following securities.

          1.   Fixed Deposits or Cumulative Deposits in the State Bank of India or in such other Nationalised Banks;

          2.   in any other securities specified in Section 20 of the Indian Trust Act, 1882;

          3.   in the fixed deposits or cumulative deposits with Government companies as defined in the Companies Act, 1956*.

8.     Every State Council shall maintain a provident fund for its employees and also pay gratuity in accordance with rules which each Council may frame.

9.     The State Councils may accept donations in cash or kind for any of the purposes of the Act.

10.   The accounts of every Council shall be audited by a Chartered Accountant once a year.

Books and Registers

11.   the State Bar Councils and the Bar Council of India shall maintain the following books:-

        (a)   Minutes books;

        (b)   Attendance Register for the staff;

         (c)   Leave Register for the staff;

        (d)   Acquittance Register;

         (e)   Day Book and Ledger;

          (f)   Receipt Book;

        (g)   Financial Assistance Register;

        (h)   Provident Fund Account; and

         (i)   Property Register.

        The bar Council of ºººººººº

Copy Application Register

12.   Every State Bar Council shall maintain:-

         (a)  A Copy Application Register containing as far as possible the following entries :-

           1.  Serial No.

           2.  D.C. Enquiry No. /D.C. Appeal No.

           3.  Name of advocate/party (Making the Application).

           4.  No. of Folio.

           5.  Charges payable.

           6.  Date of receipt of copy application.

           7.  Date of notifying charges payable.

           8.  Date of payment.

           9.  Date when copy ready.

         10.  Date of delivery.

         11.  Signature for receipt

         12.  Remarks.

To every certified copy applied for and furnished shall ordinarily affixed a rubber stamp containing inter alia the following columns :-

The bar council of ºººººº

C.A. No.º

           1.  No. of D.C. Proceeding.

           2.  Date of communication of order.

           3.  Date of receipt of copy application.

           4.  Date when charges are called for.

           5.  Date when charges are paid.

           6.  Date when copy despatched or delivered.

           7.  Charges paid for the copy.

 

Dateºººººº                                                                                  Signature of Secretary

                                                                                                 or other person authorised

(b) “Bar Council Complaint Register”, containing the following columns.

 

1

2

3

4

5

 

Sl. No.

Date of receipt of complaint

Name of com- plainant or other person and address.

Name of advocate against whom the complaint is made, his Roll No.

Date on which Bar Council considered

 

 

 

 

 

 

6

7

8

9

 

If rejected prima facie, or referred to its Disciplinary Committee and date of resolution.

Reference to page of Disciplinary Committee register, further particulars.

If suo motu, necessary particulars

Any other particulars/
Remarks

 

(c) Disciplinary Committee register containing the following columns:-

1

2

3

4

Sl.

Number of Case

Complainant’s Address.

Name of the Advocate about whom complaint is made and his address and Roll No.

 

        5                    6                           7                                 8                               9

Date of       Name of             If summarily        If not summarily            Gist of Final

reference    Members of      rejected,               rejected, dates               Order under

by Bar        Disciplinary      date.                     of enquiry                      Section 35

Council      Committee                                                                                (1) and date    

 

10

11

12

13

Date on which Order was sent to the parties.

Date of receipt of order com-municated to parties

If appeal filed number of the appeal and particulars

Date of receipt of notice for despatch of records.

 

14                                  15                             16                           17                        18

Date of des-          Result of            Date of receipt           Date of            Remarks

patch of re-            appeal etc.         of records                   return of          and other

cords to Bar                                       received back             documents     particulars

Council of                                          from the Bar                to parties.

India                                                   Council of India


13.   The Bar Council of India shall maintain the following registers : -

          1.   Copy Application Register, containing entries as nearly as possible as in the case of the copy application register of Stare Bar Councils with necessary modifications.

          2.   The Bar Council of India Complaint Register, containing entries on matters required with reference to register of the  State Bar Councils.

          3.   The Disciplinary Committee Register containing similar entries with necessary modifications as is necessary for State Bar Councils.

          4.   The Disciplinary Committee appeal registers containing the following columns.

1               2                    3                   4                                5                                  6

S.       Date of      Name of        Name of                    Name of Advocate     Appeal

No.    Receipt      appellant      Respondent             against whom the       from Bar

          of papers                         enquiry is made                                             Council

                                                                                       and Roll Number         ofºº

      7                        8                            9                         10                                    11

Date on       Names of                   Dates of         Date of receipt of                Date

which           Members                   hearing          records of the                      of final

papers         of Disciplinary                                  Disciplinary Comm-            Order

were             Committee                                         ittee appealed

found in                                                                  against

order

          12                                 13                                 14                                   15

Date of Des-           Date of receipt                  Particulars as to             Results of      

patch of Order        of Order Com-                   Appeal to Supreme        Appeal to

to parties                 municated                          Court, if any                    Supreme

                                                                                                                       Court

Contdº

                    16                                                        17                                        18

Review application, if          Date of despatch of records               Other particulars

any, with particulars            received from the Bar Council            and remarks

 

Scrutiny of Records of state councils

14. (i) The Chairman (ii) the Vice-Chairman, (iii) any member of the Council or the Secretary of the Council duly authorised by a resolution, shall be entitled at any time to look into any of the records or other papers of any State Council.

enrolment

15. (1) In addition to the enrolment fee laid down in Section 24 of the Advocates Act, person desirous of being enrolled as advocates shall also be liable to pay to the state councils, Stamp Duty payable by them under the Indian Stamp Act and such Bar Councils shall be entitled to recover the same before making the entry of their names in the rolls.

(2) Every candidate seeking enrolment as an Advocate shall be required to affirm and subscribe to the following declarations:

(a)           ‘I shall uphold the Constitution and the Laws’;

(b)           ‘I shall faithfully discharge every obligation cast on me by the Act and the Rules framed thereunder’.

Electoral Roll and election

16. (1) Every State Council shall hold its elections well in time before the expiry of the terms of its members and take all steps necessary in respect thereof.

(2) The Secretary of every State Council shall take steps in time or prepare and publish the electoral rolls for the purpose of the elections.

Supervisions and Control

17. The State Councils shall, when so required, make such periodical returns or statements or furnish such information as may be prescribed or called for by the Council :

18. The Secretary of every State Council shall inter alia send to the Secretary of the Council :

        (a)   a copy of the notice of every election of members to the State Council, a copy of the list of members elected, intimation of the election disputes, if any referred to any tribunal or Committee and the result thereof;

        (b)   the names of the ex-officio member of the State Council;

         (c)   the name of members of the State Council co-opted for any vacancy;

        (d)   the names of members elected as Chairman and vice-Chairman of the State Council from time to time;

         (e)   the name of the Secretary of the State Council and his residential address;

          (f)   address of the State Council, and intimations as to its hours of work and holidays;

        (g)   the name and address of the member elected to the Council and the date of election;

        (h)   before the 31st day of December each year a statement as to the number of Disciplinary matters taken on file, number of cases disposed of and number of cases pending.

19. The Secretary of each State Bar Council shall keep the Bar Council of India informed of all proceedings in any Court or Tribunal instituted by  or against the Bar Council, and shall wherever necessary send copies of such proceedings.

20. Every State Council shall arrange for the audit of its accounts in time in accordance with its rules and send forthwith after audit, the copy of the audited accounts together with a copy of the report of the auditors thereon to the Council.

21. Rule deleted as Section 46 omitted by Advocates Amendment Act, 1993.

22.    (a)  The State Councils shall give due publicity to their rules.

         (b)  The State Councils shall furnish information of the names of persons (with their roll numbers and other necessary particulars) removed from its rolls or suspended under Chapter V of the Act or who voluntarily suspend practice and of those who resume practice, to all the Bar Associations and the High Courts and the Subordinate Courts in the State.

23.    (a)  The names of advocates shall be entered in the rolls without suffixes, prefixes, titles or degrees.

In the case of person who has taken a degree in law from any University, the name shall be the same as entered in the degree or other certificate granted by the University; in the case of a Barrister, as in the certificate of call to the Bar;

In the case of a Vakil, Pleader or Attorney or Mukhtar, as it is in certificate of entry as such Vakil, Pleader or Attorney or Mukhtar and

In the case of any person previously enrolled as an advocate, whether he holds a degree in law or not, as in the certificate of such admission.

In the case of any person not falling under any of the above categories, the name shall be such as the State Council or the Enrolment Committee may determine.

(b) The name as entered in the roll of the State Council shall not be altered in any respect except when;

         (i)   on an application for that purpose, the State Council accords its permission;

        (ii)   a notice thereof is thereafter affixed on the notice board of the State Council and published in the local gazette in one issue or in a local English newspaper as the State Council may specify and

      (iii)   the applicant defrays all the necessary costs thereof.

(c)           Every State Council shall forthwith communicate to the Council, the change if any in the name of any advocate on its rolls.

24.   (a)   When the name of an advocate is removed from the rolls or an advocate is suspended from practice or otherwise punished under an order of any Disciplinary Committee or an order of the Supreme Court under Section 38, or when an intimation of voluntary suspension from practice is received from the advocate, the state Council in respect of a person in its roll and the Council in respect of a person whose name is not in any State Roll, shall furnish information thereof giving the name of the advocate, his roll number and date of enrolment, his address, nature of the punishment inflicted-  

         (i)   to the Registrar of the High Court of the State;

        (ii)   to the Registrar of the Supreme Court of India;

       (iii)   to the Bar Association in the High Court;

       (iv)   to the District Court of the State, and

         (v)   to such other authorities as the State Council or the Council may direct.

(b) The State Bar Councils and the Bar Council of India shall also cause to be published in the State Gazettes or the Gazette of the Government of India as the case may be, information relating to the removal from the roll or the suspension of an advocate for misconduct.

 

——————————————————————————

 

Rules made by the Central Government under Section 49-a of the Advocates Act, 1961 Re : Right of Practising Advocates to Take up Law Teaching*

Government of India Ministry of Law, Justice & Company Affairs, Department of Legal Affairs.

Notification

G.S.R in exercise of the powers conferred by Section 49A of the Advocates Act, 1961 (25 of 1961), the Central Government hereby make the following rules, namely:-

1. Short title and commencement :

         (1)   These rules may be called the Advocates (Right to take up Law teaching) rules, 1979.

         (2)   They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

In these rules “Act’ means the Advocates Act, 1961 (25 of 1961).


3. Right of practising advocates to take up law teaching.

        (1)   Notwithstanding anything to the contrary contained in any rule made under the Act, an advocate may, while practising, take up teaching of law in any educational institution which is affiliated to a University within the meaning of the University Grants Commission Act, 1956 (3 of 1956), so long as the hours during which he is so engaged in the teaching of law do not exceed three hours in a day.

(2) When any advocate is employed in any such educational institution for the teaching of law, such employment shall, if the hours during which he is so engaged in the teaching of law do not exceed three hours, be deemed, for the purposes of the Act and the rules made thereunder, to be a part-time employment irrespective of the manner in which such employment is described or the remuneration receivable (whether by way of a fixed amount or on the basis of  any time scale of pay or in any other manner) by the advocate for such employment.

(No. F 3 (33)/77-IC)


Model Schemes for Welfare of Advocates Framed by Bar Council of India

I.      Scheme for Granting Financial Assistance to Indigent Practising Advocates when Suffering from Serious Ailment.

(1) These rules shall be known as “Rules for grant of financial assistance to Indigent Practising Advocates suffering from Serious Ailment” and shall apply to all such Advocates practising in the State.

(2) These rules shall come into force from the date notified by the Bar Council of India* .

(3) Definitions :

        (a)   “Applicant” shall mean an advocate on the roll of the State Bar Council within whose jurisdiction he is practising and  applying for the financial assistance to such State Bar Council.

        (b)   “Bar Council of India” means the Bar Council constituted under Section 4 of the Advocates Act.

         (c)   “Bar Council of India Advocates Welfare Committee” means a committee constituted under rule 44A (1) of the Bar Council of India Rules under Part VI, Chapter II, Section IV-A.

        (d)   “Bar Council of India Advocates Welfare Committee for the State” shall mean the Advocates Welfare Committee constituent for the State under Rule 44A (2)(i) of the Bar Council of India Rules under Part VI, Chapter - II, Section IV- A.

         (e)   “Indigent Advocate” means any practising advocate, who is unable to maintain himself and his family and is also unable to meet the costs of his treatment in case of serious ailment.

          (f)   “Family” shall mean the advocate’s wife or in the case of a female, her husband, his or her minor children and aged parents actually dependent on the applicant advocate for maintenance.

        (g)   “Fund” means fund constituted under the Bar Council of India Advocates Welfare Rules as contained under Part VI, Chapter II, Section IV-A of the Bar Council of India Rules for the Scheme for Financial Assistance to Indigent Practising Advocates when suffering from serious ailment in that State.

        (h)   “Serious Ailment” will include ailment of serious nature affecting brain, heart, lungs, abdomen or compound fracture or any part of the body requiring treatment for more than one month.

         (i)   “State Bar Council” means Bar Council constituted under Section 3 of the Advocates Act.

(4) An indigent advocate practising in any court, tribunal or before any local authority in India shall be entitled to apply for appropriate financial assistance in case of his serious ailment, compelling him to remain confined to bed for more than one month, in the form prescribed for the purpose or in  a form similar thereto addressed to the Chairman of the State bar Council concerned. Such application shall be submitted in duplicate to the State Bar Council within whose jurisdiction the advocate is practising and such application must be recommended by the Executive Committee of the Bar Association of which the advocate concerned is a member and/or State Bar Council is otherwise satisfied and must also be certified by a doctor attending on him.

Provided that the State Bar Council suo moto or on the information received from any other source refer the case to the Advocates Welfare Committee of the State. On receipt of such application/applications or such reference by the state Bar Council the Secretary of the State Bar Council shall place the same before the Advocates Welfare Committee and shall make such enquiries in respect thereto as may be necessary as expeditiously as possible.

(5) The Advocates Welfare Committee for the State when decided to grant financial assistance in an appropriate case shall sanction such amount as may be necessary to complete any operation or treatment connected with the ailment of the Advocate concerned not exceeding Rs. 1,500/- and may also sanction such monthly assistance to the applicant towards treatment and costs of medicines etc, and for maintenance of his family for a period of three months at the rate of not exceeding Rs. 500/- per month.

(6) In case the Advocates Welfare Committee for the State considers in a given case that financial assistance is utmost necessary beyond the limit, provided under Rule (5), it shall refer to the Bar Council of India with its comments. The advocates Welfare Committee of the Bar Council of India may sanction a sum upto Rs. 10,000/- for treatment of the ailment.

(7) The Bar Council of India may on the recommendation of its Advocates Welfare Committee and the recommendation of the State Bar Council may in an appropriate hard cases sanction ex-gratia upto a sum of Rs. 10,000/- from the fund of the Bar Council of India constituted under Rule 41(2) of the Bar Council of India Advocates Welfare Rules.

Explanation : “hard cases” means the dependent of the deceased advocate have no financial means and in the circumstances immediate help is felt necessary.

(8) Financial grant to the Advocate concerned shall ordinarily be paid without delay. If the Advocate is unable to come for receiving the money so sanctioned, the office of the State Bar Council may send it to the advocate concerned by money order or to the representations of such advocate specially by him in writing to the satisfaction of the Secretary, State bar Council and on granting an appropriate receipt for such payment money so sanctioned or monthly maintenance of the Advocate shall be sent by the first week of every month for such grant on obtaining an appropriate receipt.

(9) The State Bar Council shall maintain proper records of all the records received and amounts sanctioned and receipt obtained thereof.

(10) If any advocate makes any statement or furnishes any information which is proved to be false to his knowledge, it shall amount to professional misconduct under Section 35 of the Advocates Act.

(11) If the advocates Welfare Committee for the State subsequently finds that any statement given or evidence adduced by the applicant was false in material particulars the Committee shall refer the matter to the State Bar Council with its report and the State Bar Council may call upon the applicant to refund the entire amount given as assistance with such interest as it may deem fit and the applicant shall comply with such directions.

(12) The Advocate aggrieved of any order passed by the State Bar Council under Rule 10 may file an appeal to the Bar Council of India within 90 days. The Bar Council of India may either dismiss the appeal summarily or in case it finds a case for setting-aside or modifying the order of the State Bar Council the order shall be passed only after notice to the concerned State Bar Council.


II. Financial Assistance to Indigent & Disabled Advocates : -

1. These rules shall be known as “Rules for Financial Assistance for Indigent and Disabled Advocates practising in India.”

2. These rules shall come into force with effect from the date notified by the Bar Council of India.*

3. Definitions:-

        (a)   “Applicant” shall means an advocate on the roll of the State Bar Council within whose jurisdiction he is practising and  applying for the financial assistance to such State Bar Council.

        (b)   “Bar Council of India” means the Bar Council constituted under Section 4 of the Advocates Act.

         (c)   “Bar Council of India Advocates Welfare Committee” means a Committee constituted under Rule 44(1) of the Bar Council of India Rules under Part VI, Chapter II, Section IV-A.

        (d)   “Bar Council of India Advocates Welfare Committee for the State” shall mean the Advocates Welfare Committee constituted for the State under rule 44A (2) (i) of Bar Council of India Rules under Part VI, Chapter II, Section IV-A.

         (e)   “Disabled Advocate” shall mean an advocate, whereby reason of any physical, mental or other infirmity is unable to practise the profession of law.

          (f)   “Family” shall mean the Advocate’s wife or in the case of  female, her husband, his or her minor children and aged parents actually dependent on the applicant advocate for maintenance.

        (g)   “Fund” means fund constituted under the Bar Council of India Advocates Welfare Rules for the scheme for assistance to Indigent and Disabled Advocates practising in the State.

        (h)   “Indigent Advocate” shall mean an advocate who has to maintain himself and his family from his profession and other income.

         (i)   “State Bar Council” means Bar Council constituted under Section 3 of the Advocates Act.

4. Any person desirous of obtaining financial assistance under these rules shall submit an application to the Chairman of the State Bar Council. The State Bar Council may also give financial assistance as it may deem fit suo motu or on the information received from any other source. The application shall be submitted in duplicate duly recommended by the Executive Committee of the Bar Association of which the advocate concerned is member and/or the Advocates Welfare Committee of the State is otherwise satisfied.

5. On receipt of such application or applications the Advocates Welfare Committee for the State shall make such enquiries in respect thereto as may be necessary as expeditiously as possible.

6. The Advocates Welfare Committee for the State when decided to grant financial assistance in an appropriate case shall sanction such sum as may be necessary, but in any case it shall not exceed Rs. 3,000/-. Provided that if the Advocates Welfare Committee considers that in a  given case the applicant should be given lump-sum amount in addition to annual or monthly grant the Advocates Welfare Committee shall record its reasons and refer to the State Bar Council. The State Bar Council may sanction a sum of Rs. 10,000/- keeping in view its capacity to pay from the fund.

7. Financial grant to the indigent and/or disabled advocate shall normally be paid on monthly basis and the amount shall ordinarily be paid to the advocate concerned. If the advocate concerned is unable to come for receiving money, the office of the State Bar Council may send it to the advocate concerned by money order or a Bank Draft or  to the advocate concerned by specially authorised by him in writing to the satisfaction of the Secretary of the State Bar Council on obtaining appropriate receipt of such payment.

8. The grant of financial assistance to an indigent and/or disabled advocate shall be sanctioned annually and may be paid on a monthly basis and in case of necessity such sanction may be renewed after expiry of the year for which the sanction was already granted. Provided that financial grant to such advocate shall cease as soon as the advocate concerned ceases to be indigent or disable for which financial assistance was allowed ceased to exist.

9. If any advocate makes any statement or furnishes any information which is proved to be false to his knowledge, it shall meant to professional misconduct under Section 35 of the Advocates Act.

10. If the Advocates Welfare Committee for the State subsequently finds that any statement given or evidence adduced by the applicant was also false in material particulars the committee shall refer the matter to the State Bar Council with its report and the State Bar Council may call upon the applicant to refund the entire amount given as assistance with such interest as it may deem fit and the applicant shall comply with such directions.

11. The advocate aggrieved of any order passed by the State Bar Council under Rule 10, may file an appeal to the Bar Council of India within 90 days. The Bar Council of India may, either dismiss the appeal summarily or in case it finds a case for setting aside or modifying the order of the State bar Council, the order shall be passed only after notice to the concerned State Bar Council.


III. Scheme for Library Development :-

1. These rules shall be known as “Bar Council of India Advocates Welfare Library Development Rules”.

2. These Rules shall come into force from the date as notified by the Bar Council of India.*

3. Definition :

        (a)   “Applicant” means a Bar Association registered under the Societies Registration Act or so affiliated with the State Bar Council within whose jurisdiction the bar Association  situated and has submitted an application for Library development under the rules.

        (b)   “Bar Association” means the Bar Association registered under the Societies Registration Act or so affiliated with the State Bar Council within whose jurisdiction the bar Association is situated.

         (c)   “Bar Council of India “means the bar Council constituted under Section 4 of the Advocates Act.

        (d)   “Bar Council of India Advocates Welfare Committee” means the committee constituted under Rule 44A (1) of the Bar Council of India Rules under Part VI, Chapter II, Section IV-A.

         (e)   “State Bar Council” means the Bar Council constituted under Section 3 of the Advocates Act.

          (f)   “Bar Council of India Advocates Welfare Committee for the State” shall mean the Advocates Welfare Committee constituted for the State under Rule 44A(2) (i) of the Bar Council of India Rules, Part VI, Chapter-II, Section-IV-A.

        (g)   “Fund” means the fund constituted under the Bar Council of India advocates Welfare Rules provided under Part VI, Chapter II, Section - IV-A of the Bar Council of India Rules for the Scheme for Library Development.

        (h)   “Financial Year” means the year from 1st April to 31st March of the next year.

         (i)   “Application Form” means the form so prescribed by the Committee from time to time for applying for financial assistance to the Library of the Bar Association.

4. Any High Court, District Court, Sub-Divisional Court, Tehsil or Taluka Court, Bar Association will be entitled to apply for annual grant to the Advocates Welfare Committee of the Bar Council of India for that State in the form prescribed under these rules and will make necessary declearation as prescribed therein and supply such information about the functioning of the concerned library as may be required by the said Committee.

5. The Advocates Welfare Committee shall consider such applications twice a year and sanction the appropriate grant to such applicant-Bar Association for development of the library.

6. The Bar Association which received the amount once will not ordinarily be eligible again till after the lapse of three years.

7. The Bar Association while making an application for grant to the Advocates Welfare Committee for the State append a resolution of the Association deciding to seek the grant an approved list of books in duplicate and also their resolution to generate a sum of at least 10% of the proposed grant for purchase of books and equipment in their library.

8. The grant will be given not in cash but by way of books desired to be purchased by the Association.

9. As far as may be, the fund to be allocated to each Bar Association under these rules, be in accordance with the total strength of the advocates of such Bar Association.

10. The books that will be supplied under this scheme shall bear stamp containing the following inscription :-

“Bar Council of India Advocates Welfare fund for the State Library Development Scheme”

11. The Bar Association receiving the grant will maintain a list of books supplied to it.

IV. Rules For Financial Assistance to State Bar Councils/Advocates Under Rule 44–B of the Bar Council of India Rules.

(1) These rules shall be known as the Scheme for Financial Assistance to the State Bar Councils under Rule 44–B of the Bar Council of India Rules.

(2) The scheme shall came into force immediately.*

(3) These schemes shall be applicable to only such State Bar Councils which have remitted the sum in accordance with the Rule 41 (2) of the Bar Council of India Rules.

(4) That on receiving information from the Chairman of the State Bar Council or Member, Bar Council of India from that State, the Chairman, Bar Council of India on being satisfied by such report may immediately sanction a reasonable amount not exceeding Rs. 5,000/-in an individual case and Rs. 25,000/-in case of some calamity involving more than one advocate and shall report to the  Advocates’ Welfare Committee of the Bar Council of India. The financial assistance to the State Bar Councils will be available in any of the following cases:—

(a) The advocate or advocates have suffered seriously on account of some natural calamity or;

(b) the advocate or advocates have died an unnatural death, due to an accident or natural calamity or any other cause of like nature, or;

(c) the advocate or advocates have suffered or is suffering from such serious disease or illness which is likely cause death if no proper treatment is given and the advocate requires financial assistance without which he would not be able to get proper treatment and has no personal assets except a residential house to meet such expenditures, or;

(d) the advocate or advocates become physically disabled or incapacitated to continue his profession on account of natural calamity or accident or any other cause of like nature.

(5) That the amount sanctioned under rule 4 shall be placed at the disposal of the Advocates Welfare Committee of the Bar Council of India for the State and the said State Committee shall maintain separate account and send the same to the Bar Council of India within three months from the date of the receipt thereof.

(6) That the Advocates Welfare Committee of the Bar Council of India on receiving such applications duly recommended by the State Bar Councils, may sanction a sum provided in the different schemes prepared by the Bar Council of India.


The Bar Council of India Advocates Welfare Scheme, 1998*

1.     Part A : Preliminary

          (i)  This Scheme may be called the “Bar Council of India Advocates Welfare Scheme, 1998”.

        (ii)  It shall come into force on the 1st of November, 1998.

       (iii)  Subject to the provisions of the Scheme, any advocate enrolled with any State Bar Council in India shall be entitled to become a member of the Scheme after submitting an application in Form ‘A’.

        (iv)  The maximum age at which an advocate may become a member of the Scheme is 65 years.

         (v)  The normal retirement of the member is 90 years.

2.     Part B : Subscription

          (i)  Every applicant shall pay an admission fee of five hundred Rupees in lump sum with the application.

        (ii)  Every member shall pay an annual subscription of Rs. 750/- (Rupees Seven hundred and fifty) per year on or before 31st of July of every year.

                Alternatively a member may pay a lump sum contribution of Rs. 7500/-(Rupees Seven thousand five hundred) at the time of joining the Scheme and in that event he shall not be required to pay any annual subscriptions.

       (iii)  In case of default in depositing the subscriptions, interest at the rate of fifteen percent per annum shall be charged on every year’s default.

3.     Part C : Administration

          (i)  The scheme shall be administered by the Advocates Welfare Committee of the concerned State Bar Council.

        (ii)  A welfare fund by name “All India Advocates Welfare Fund” or any other name which the bar Council of India may decide, shall be established with the subscriptions received from the members, and income which may be received from other sources and in each of the State separate accounts shall be opened.

       (iii)  The moneys of the fund shall be invested in securities/investments as may be considered appropriate by the Advocates Welfare Committee keeping in view the safety of the fund and ensure higher returns on the Fund.

        (iv)  The Advocates Welfare Committee shall have the power to appoint with the consent of the Bar Council of India, any person or persons with requisite qualifications to act as the Secretary/Secretaries, Manager/managers or Registrars of the Fund at such remuneration and on such terms and conditions and with such powers as the Advocates Welfare Committee may think fit. The Committee may also employ any person or persons to do any legal, accounting, actuarial any other work which they may consider necessary or expedient in connection with the management of the fund or of the assets thereof.

         (v)  An actuarial valuation shall be carried out by a qualified Actuary every two years to ascertain the solvency of the Fund and to examine the possibility of improvement of benefits.

        (vi)  The account of the fund shall be maintained in India and shall contain such particulars as the Advocates Welfare Committee may think proper and as be required by law. As soon as possible after 31st day of march in each year, the Committee shall take a general account of the assets and liabilities of the fund and shall prepare a balance sheet and Revenue Account showing the income and expenditure, during the year terminating on such thirty first day of March in such form as may be considered suitable by the Advocates Welfare Committee.

                The first accounting period will be from 1st August, 1998 to 31st March, 1999. Thereafter the accounting year shall be from 1st April to 31st March of each year.

      (vii)  The accounts of the fund shall be audited yearly by a Chartered Accountant or a firm of Chartered Accountants, who shall have an access to all the books, papers, vouchers and documents connected with the Fund, and who shall in writing report to the Advocates Welfare Committee on the annual accounts. A copy of audited accounts shall be furnished to the Bar Council of India.

4.     Part B : Refusal/Removal from the membership of the Fund

          (i)  If any advocate is refused admission to the membership of the scheme, he may appeal to the Advocates Welfare Committee of the Welfare Fund of the Bar Council of India within three months from the date of refusal. The Advocates Welfare Committee may after giving, due opportunity of hearing to the concerned advocate and the Bar Council of India, direct that such advocate may be admitted to the membership of the Scheme. The order so passed shall be final.

        (ii)  If any member is expelled from the membership of the concerned State Bar Council or otherwise ceases to be a member of that State Bar Council, then his name shall be liable to be deleted from the membership of this scheme and the annual subscription/lump sum contribution paid by him together with 6% simple interest per annum shall be paid to him.

                Provided that no order of deletion of name from the membership of the scheme shall be made except on the recommendation of the concerned Advocates Welfare Committee and without hearing the concerned member and such order shall be passed by the State bar Council in its general meeting after such enquiry, as may be necessary.

       (iii)  Name of the member shall stand removed from the scheme automatically if he is in arrears of annual subscription for a period of three consecutive years.

        (iv)  An advocate who is so removed from the membership of the scheme, can only be re-admitted on payment of arrears of subscriptions due against him alongwith interest at the rate of 15% per annum and such other penalty not exceeding Rs. 500/- (five hundred only) as may be imposed by the Advocates Welfare Committee provided his name is restored or continues on the State roll maintained by the concerned State Bar Council.

5.     Part E: Benefits on early retirement from the Scheme

          (i)  If a member of the Scheme who completes a period of 5 years after he becomes a member of the Scheme shall, subject to other provisions of the scheme, be entitled to seek voluntary retirement from the membership and to receive the amount of annual subscription/lump sum contribution deposited by him alongwith the simple interest at the rate of six percent per annum from the date of deposit made by him.

        (ii)  Any member suffering from total permanent disablement shall be allowed to retire from the scheme, but the member will have to seek retirement as an advocate and will not be entitled to be enrolled thereafter and become a member of the Scheme. He shall be entitled to the benefits as per Table II-A/II-B of the Scheme appended to the Scheme and the Advocates Welfare Committee in special circumstances for reasons to be recorded may allow claim upto Rs. 50,000/- (Rupees fifty thousand only).

       (iii)  A member has the option to seek voluntary retirement from the membership any time after attaining 75 years of age but in any case member would retire on compilation of 90 years or on completion of 40 years of membership whichever is earlier.

                (a)           If the member retires any time after attaining 75 years of age before completion of 40 years of membership or 90 years of age 90% of the maturity value shown in Table-I shall be paid to him depending upon his completed number of years of membership.

                (b)           If the member retires after completion of 40 years of membership he shall be entitled to full maturity value shown in Table-I depending on his completed number of membership on the date of his retirement.

        (iv)  Notwithstanding anything contained in this scheme to the contrary, if any advocate after his admission to the Scheme joins any employment, he shall be entitled for refund of all his annual subscriptions/simple interest from the date of his annual subscriptions/lumpsum contribution.

6.      Part F : Benefits payable on death/illness while continuing as a Member of the Scheme.

          (i)  In case any member dies or acquires total permanent disablement at any time after becoming a member of the Scheme, he or his nominee/dependents or other legal heirs, shall be entitled for a sum as per Table II-A/Table II-B of the Scheme appended to the Scheme.

                Explanation : - For the purpose of this clause, dependants means the spouse, minor children and unmarried daughters.

        (ii)  Advocates Welfare Committee on an application made to it in the prescribed form after being satisfied about genuineness of the claim, may grant ex-gratia payment from the fund.

                In case a member of the Scheme is hospitalised for at least one month or undergoes a major surgery or suffering from paralysis, cancer, unsoundness of mind and/other similar serious ailments on the production of a certificate from the Chief Medical Officer concerned to that effect, he may be paid an amount not exceeding ten thousand rupees.

                Provided that a subsequent claim shall not be entertained unless a period of three years from the date of first payment has elapsed.

7.     Part G : Benefits payable on normal retirement at age 90 years or on completion of 40 years of membership whichever is earlier.

(a)    For Members who are paying annual contribution of Rs. 750/- per       annum.

          (i)  The maturity benefit payable on retirement at age 90 years or above completition of 40 years of membershp will be as shown in Table-I of the Scheme.

        (ii)  Further, as an additional benefit for a member who has completed 20 or more years of membership and is aged below 65 years, a Medi-claim Policy on the life of the member and his wife for a sum of Rs. 1 lakh each will be purchased from New India Assurance Co. Ltd. or any other subsidiary Company of General Insurance Corporation of India covering Hospitalisation/ Domiciliary Hospitalisation benefits from age 65 to 70, provided the member and his wife are in good health at the time of taking out the policy.

(b)   For members who paid a lump sum contribution of Rs. 7,500/-

          (i)  The maturity benefits payable on retirement of age 90 years or on completion of 40 years of membership will be as shown in Table-I of the Scheme.

        (ii)  Further as an additional benefit for a member who has completed 20 or more years of membership and is aged below 65 years, a Medi-claim Policy on the life of the member and his wife for a sum assured of Rs. 1 lakh each will be purchased from New India Assurance Co. Ltd or any other subsidiary Company of General Insurance corporation of India covering Hospitalisation/ Domiciliary Hospitalisation benefits from age 65 to 70 years provided, the member and his wife are in good health at the time of taking out the policy.

8.     Part H: General

          (i)  An appeal in the prescribed form may be made to the Bar Council of India against the decision of the Advocates Welfare Committee within 30 days from the date of such order and shall be accompanied with the copy of the decision appealed against and shall be filed within 30 days of the receipts of the order. The decision of the Bar Council of India shall be final.

        (ii)  In case the Scheme is silent about any matter, such matters shall be decided by the Advocates Welfare Committee in consultation with the Bar Council of India.

       (iii)  Those Advocates who join this Scheme shall be entitled to the benefits of any other Scheme for the time being in force.

        (iv)  With respect to process of payment of all claims under this Scheme, Bar Council of India may lay down the guidelines for this purpose.

9.     A Schedule showing the benefits offered under the Scheme is enclosed :

        Encl : schedule (Table I, IIA and IIB) showing the benefits.

Scheme approved by the BCI in its meeting held on 19th July, 1998. (Item no. 79/1998)

Scheme circulated to State Bar Councils vide letter No. 2400/1998 dt. 22-10-1998.


All India Advocates Welfare Scheme

Schedule showing Benefits

Table — I (Maturity Value)

Completed years                       Maturity Value                         Maturity Value

of Membership                         (Lumpsum Contribution         (Annual

                                                    Rs. 7,500/-)                                Contribution

                                                                                                        Rs. 750/- per year

                                                                    Rs.                                                Rs.

        1.                                                        1293                                                   0               

        2.                                                        2163                                                   0

        3.                                                        3129                                                   0

        4.                                                        4201                                                   0

        5.                                                        5390                                                   0

        6.                                                        6466                                                   0

        7.                                                        7915                                               860

        8.                                                        9531                                             2491

        9.                                                      11329                                             4305

      10.                                                      13329                                             6323

      11.                                                      15288                                             8303

      12.                                                      17761                                           10797

      13.                                                      20519                                           13581

      14.                                                      23599                                           16688

      15.                                                      27040                                           20160

      16.                                                      30789                                           23944

      17.                                                      35133                                           28325

      18.                                                      39146                                           32380

      19.                                                      44526                                           37807

      20.                                                      50580                                           43912

      21.                                                      55426                                           48816

      22.                                                      62904                                           56357

      23.                                                      71355                                           64879

      24.                                                      80588                                           74191

      25.                                                      88777                                           82467

      26.                                                    100772                                           94559

      27.                                                    112647                                         106542

      28.                                                    125766                                         110780

      29.                                                    140328                                         134474

      30.                                                    156492                                         150785

      31.                                                    174434                                         168890

      32.                                                    194349                                         188986

      33.                                                    216455                                         211294

      34.                                                    240993                                         236054

      35.                                                    268230                                         263539

      36.                                                    298463                                         294047

      37.                                                    332022                                         327911

      38.                                                    369272                                         365499

      39.                                                    410620                                         407223

      40.                                                    456516                                         543536               

All India Advocates Welfare Scheme

Schedule Showing Benefits

Table – II – A

(in cases where a lumpsum payment of Rs. 7500/-

is paid at the time of becoming a member)

Completed years of membership                                                   Maturity Value

          1.                                                                                                          7909

          2.                                                                                                          8779

          3.                                                                                                          9744

          4.                                                                                                        10816

          5.                                                                                                        12006

          6.                                                                                                        30000

          7.                                                                                                        30000

          8.                                                                                                        30000

          9.                                                                                                        30000

        10.                                                                                                        30000

        11.                                                                                                        35000

        12.                                                                                                        35000

        13.                                                                                                        35000

        14.                                                                                                        35000

        15.                                                                                                        35000

        16.                                                                                                        50000

        17.                                                                                                        50000

        18.                                                                                                        50000

        19.                                                                                                        60000

        20.                                                                                                        60000

        21.                                                                                                        75000

        22.                                                                                                        75000

        23.                                                                                                      100000

        24.                                                                                                      100000

        25.                                                                                                      100000

        26.                                                                                                      125000

        27.                                                                                                      125000

        28.                                                                                                      150000

        29.                                                                                                      150000

        30.                                                                                                      163108

        31.                                                                                                      183049

        32.                                                                                                      200965

        33.                                                                                                      223071

        34.                                                                                                      247609

        35.                                                                                                      274864

        36.                                                                                                      395079

        37.                                                                                                      338638

        38.                                                                                                      375888

        39.                                                                                                      417235

        40.                                                                                                      463131


All India Advocates Welfare Scheme

Schedule Showing Benefits

Table – II – B

(In cases where annual subscriptions of Rs. 750/- per annum are paid)

Completed years of                                                                          Maturity Value

Membership

          1.                                                                                                             791

          2.                                                                                                           1669

          3.                                                                                                           2643

          4.                                                                                                           3725

          5.                                                                                                           4925

          6.                                                                                                         30000

          7.                                                                                                         30000

          8.                                                                                                         30000

          9.                                                                                                         30000

        10.                                                                                                         30000

        11.                                                                                                         35000

        12.                                                                                                         35000

        13.                                                                                                         35000

        14.                                                                                                         35000

        15.                                                                                                         35000

        16.                                                                                                         50000

        17.                                                                                                         50000

        18.                                                                                                         50000

        19.                                                                                                         60000

        20.                                                                                                         60000

        21.                                                                                                         75000

        22.                                                                                                         75000

        23.                                                                                                       100000

        24.                                                                                                       100000

        25.                                                                                                       100000

        26.                                                                                                       125000

        27.                                                                                                       125000

        28.                                                                                                       150000

        29.                                                                                                       150000

        30.                                                                                                       157401

        31.                                                                                                       175506

        32.                                                                                                       195602

        33.                                                                                                       217909

        34.                                                                                                       242670

        35.                                                                                                       270155

        36.                                                                                                       300663

        37.                                                                                                       334526

        38.                                                                                                       372115

        39.                                                                                                       413839

        40.                                                                                                       460152

Application Form for bar Council of India Welfare SchemE, 1998

The State Bar Council of ººººººººº

(with address)  ººººººººº

                 ººººººººº

 

Advocates Welfare Committee

of the Bar Council of India for

the State of  ººººººººº ºº

Sir,

                I want to become a member of Bar Council of India Welfare Scheme, 1998 and my particulars are :

          1.   Name

          2.   Father’s Name

          3.   Address

          4.   Enrolment No.

          5.   Date of Birth

          6.   Mode of payment under the Scheme

Annual Subscription/Lump sum

Draft enclosed for Rs.  ººººººººº

D/D No.  ºººººº Date  ºººººº

The applicant is the member of the Bar Association and is in actual practice. The applicant nominates the following person as his/her nominee:

          1.   Name of the nominee           ºººººººººº

          2.   Father’s name/husband’s name ºººººººººº

          3.   Relationship with the applicant ºººººººººº

I hereby give an undertaking that I shall be bound by the Scheme and particulars mentioned by me in the application are true and correct.

 

ºººººººººº

                                                                                                            Signature

Certification by the Bar Association
where the Applicant is a member

It is hereby certified that Shri/Ms./Mrs. ºººººººººº Son of/daughter of/wife of ºººººººººº is a Member of this Bar Association and his/her Membership Number of the Bar Association at present is  ºººººººººº.

 

 

Seal and Signature of the

President/Secretary


Notes

          1.   The sub rule amended w.e.f. 18.6.1977.

          2.   The sub-clause added w.e.f. 25.11.1978.

          3.   The sub-clause added w.e.f. 25.11.1978.

          4.   The sub-clause added w.e.f. 25.11.1978.

          5.   The scale of pay revised and came into force from 1.7.1987.

          6.   The scale of pay revised and came into force from 18.6.1977.

          7.   The sub-clause added w.e.f. 23.1.1982.

          8.   Chapter I amended w.e.f. 6.9.1980.

          9.   The Proviso added w.e.f. 4.4.1981.

        10.   The rule added w.e.f. 2.5.1981.

        11.   Form D - 2 revised from 27.11.1988.

        12.   Amount revised from 28.11.1987.

        13.   The sub-clause added w.e.f. 7.4.1974.

        14.   The sub-clause added w.e.f. 7.4.1979.

        15.   The rule amended from 27.11.1988.

        16.   The rules Section 49A of the Act were framed by the Ministry of Law, Justice & Company Affairs and came into force w.e.f. 16.10.1976.

              1.6.89        Revision of fees                                      Resolution No.31/79

            20.2.91        Rule 8 in Chapter II

                                Part VI proviso amended                        Resolution No. 12/91

            20.2.91        Rule 6 in Part VI Chapter II

                                Proviso addes                                          Resolution No 11/91

            20.2.92        Rule 4(2) in Chapter I

                                Part III to be deleted                               Resolution No. 5/92

          31.10.92        Rule 40 in Chapter IX                            This rule came into force

                                Part VI amended                                     from 1.4.93.

Rule 7 Chapter III part VI (in place of at the time of within 3 year added.

 

 

 

 

 

 

 

 

 

 



1. Came into force with effect from 6-1-2001

2. Came into force  with effect from 2-6-96 vide Resolution No. 53/1996

* Sub Rule 7(3) came into force from 27-11-1988.

* Published in the Gazette of India on 26-10-1979

*Came into force from 19th July, 1998 (Res. No. 64/98)

* Came into force from 19th July, 1998.

* Came into force from 19th July, 1998.

* Came into force from 19th July, 1998.

* Came into force w.e.f. 19th July 1998 vide Resolution No. 64/1998.