Section 5 in Advocate Act 1961

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

Title: Membership in international bodies

Description: 1[7A. Membership in international bodies.-- The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar.] 1. Ins. by Act 60 of 1973, s. 8 (w.e.f. 31-1-1974).

Title: Term of office of members of State Bar Council

Description: 1[8. Term of office of members of State Bar Council.-- The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election: Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months.] 1. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993).