Section 8A in Advocate Act 1961

Title: Constitution of special Committee in the absence of election

Description: 1[8A. 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.] 1. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993)

Title: Disciplinary committees

Description: 1[9. Disciplinary committees.-- (1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members of the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof. (2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964) may dispose of the proceedings pending before it as if this section had not been amended by the said Act.] 1. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964).

Title: Constitution of legal aid committees

Description: 1[9A. Constitution of legal aid committees-- (1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed. (2) The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed.] 1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974).

Title: Constitution of committees other than disciplinary committees

Description: (1) A State Bar Council shall constitute the following standing committees, namely:-- (a) an executive committee consisting of five members elected by the Council from amongst its members; (b) an enrolment committee consisting of three members elected by the Council from amongst its members. (2) The Bar Council of India shall constitute the following standing committees, namely:-- (a) an executive committee consisting of nine members elected by the Council from amongst its members; (b) a legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co- opted by the Council who are not members thereof. (3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

Title: Transaction of business by Bar Councils and committees thereof

Description: 1[10A. Transaction of business by Bar Councils and committees thereof.-- 2[(1) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine. (2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine.] (3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils. (4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. (5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.] 1. Ins. by s. 10, ibid. (w.e.f. 31-1-1974). 2. Subs. by Act 70 of 1993, s. 5, for sub-sections (1) and (2) (w.e.f. 26-12-1993).