Section 12 in Advocate Act
Title: Accounts and audit
(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed.
1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the official Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India.]
1. Subs. by Act 60 of 1973, s. 11, for sub-section (3) (w.e.f. 31-1- 1974).
Title: Vacancies in Bar Council and committees thereof not to invalidate action taken
No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be.
Title: Election to Bar Councils not to be questioned on certain grounds
No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette.
Title: Power to make rules
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
1[(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;]
2* * * * *
3[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;]
(d) the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council 3or to the office of the Chairman or Vice-Chairman shall be finally decided;
4* * * * *
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;
5[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of section 7;
(gb) organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;]
(h) the summoning and holding of meetings of the Bar Council, 6*** the conduct of business thereat, and the number of members necessary to constitute a quorum;
(i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee;
(j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;
(k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council;
(l) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.
(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.
1. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974).
2. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977).
4. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966).
5. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974).
6. The words "the times and places where such meetings are to be held" omitted by s. 12, ibid. (w.e.f. 31-1-1974).
Title: Senior and other advocates
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability, 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
2[Provided that where any such senior advocate makes an application before the 31st December, 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]
1. Subs. by s. 13, ibid., for "experience and standing at the Bar" (w.e.f. 31-1-1974).
2. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964).