Section 3 in Advocate Act 1961

Title: State Bar Councils

Description: (1) There shall be a Bar Council-- (a) for each of the States of Andhra Pradesh, Bihar, Gujarat, 1[Jammu and Kashmir], 2[Jharkhand], 3[Madhya Pradesh and Chhattisgarh], 4***, 5***, 6[Karnataka], Orissa, 7[Rajasthan, Telangana 8[Uttar Pradesh], 9[Uttaranchal, Meghalya, Manipur and Tripura]] to be known as the Bar Council of that State; 10[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;] (c) for the State of Kerala and the Union territory of 11[Lakshadweep] to be known as the Bar Council of Kerala; 12(cc) for the 13[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras;] 14[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;] 15[(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; (dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;] (e) for the State of West Bengal and the 16[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and (f) for the Union territory of Delhi, to be known as the Bar Council of Delhi. (2) A State Bar Council shall consist of the following members, namely: (a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; 17[18[in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio; 19[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:] 20[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).] 21[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed. (3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.] 21[(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council. (5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.] 22[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.] 1. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 2. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000). 3. Subs. by Act 28 of 2000, s.24, for "and Madhya Pradesh" (w.e.f. 1-11-2000). 4. The word "Madras" omitted by Act 26 of 1968, s. 3 and Sch. 4. 5. The word "Maharashtra" omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965). 6. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for "Mysore" (w.e.f. 1-11-1973). 7. Subs. by Act 6 of 2014, s. 34, for "Rajasthan, Uttar Pradesh" (w.e.f. 2-6-2014).br 8. Subs. by Act 29 of 2000, s. 29, for "and Uttar Pradesh" (w.e.f. 9-11-2000). 9. Subs. by Act 26 of 2012, s. 9, for "and Uttaranchal" (w.e.f. 23-3-2013). 10. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013). 11. Subs. by "the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for the Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). 12. Ins. by Act 26 of 1968, s. 3 and the Sch. 13. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "State of Madras" (w.e.f. 14- 1-1969). 14. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987). 15. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971). 16. Subs. by Act 81 of 1971, s. 34, for "Union territories of Tripura and the Andaman and Nicobar Islands" (w.e.f. 21-1-1972). 17. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 18. Subs. by Act 26 of 2012, s. 9, for "in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura" (w.e.f. 23-3-2013). 19. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974). 20. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964). 21. Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977). 22. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).

Title: Bar Council of India

Description: (1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:-- (a) the Attorney-General of India, ex officio; (b) the Solicitor-General of India, ex officio; 1* * * * * (c) one member elected by each State Bar Council from amongst its members. 2[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.] 3[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. (2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.] 4[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,-- (i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election 5[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and (ii) in any other case, be for the period for which he holds office as a member of the State Bar Council: Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.] 1. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977). 2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 3. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977). 4. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964). 5. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).

Title: Bar Council to be body corporate

Description: Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may be the name by which it is known sue and be sued.

Title: Functions of State Bar Councils

Description: (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; 1[(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. 3[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of --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; 1[(c) establishing law libraries.] (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.] 1. Ins. by Act 70 of 1993, s. 2 (w.e.f. 26-12-1993). 2. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31-1-1974). 3. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 31-1-1974

Title: Functions of Bar Council of India

Description: 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. 26-12-199