Section 48 in Advocate Act
Title: Indemnity against legal proceedings
No suit or other legal proceeding shall lie against any Bar Council or any committee thereof or a member of a Bar Council 1[or any committee thereof] for any act in good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made thereunder.
1. Ins. by s. 36, ibid. (w.e.f. 31-1-1974).
Title: Power of revision
1[48A. Power of revision-- (1) The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.]
1. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
1[2[48AA. Review.-- The Bar Council of India or any of its committees, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this Act.]
1. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
2. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974).
Title: Power to give directions
(1) For the proper and efficient discharge of the functions of a State Bar Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar Council.]
Title: General power of the Bar Council of India to make rules
1[(1)] The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe--
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;
(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;
(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3;
(ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll;
(ae) the manner in which the seniority among advocates may be determined;
3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;]
(ag) the class or category of persons entitled to be enrolled as advocates;
(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by advocates;
(d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be subject;
4[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced;
(j) any other matter which may be prescribed:]
6[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:]
7[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government.
7[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964).
3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974).
4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964).
6. Subs. by Act 60 of 1973, s. 38, for "Provided that" (w.e.f. 31-1-1974).
7. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).