Section 13 in Advocate Act
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;]
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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;
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(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).
Title: State Bar Councils to maintain roll of advocates
(1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1[including persons, being citizens citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates.
(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 2[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows:--
(a) the seniority of an advocate referred to in clause (a) of sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926);
(b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify;
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(d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be.
4[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled whether before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980) as an advocate shall be determined in accordance with the date of his enrolment as an attorney.]
(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
1. Subs. by Act 60 of 1973, s. 14, for "and who, within the prescribed time" (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 9, for "and such seniority shall be determined" (w.e.f. 16-5-1964).
3. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974).
4. Ins. by Act 47 of 1980, s. 2 (29-11-1980).