Monday, April 13, 2009

States Bar Councils

(1) There shall be a Bar Council-

(a) For each State of Andhra Pradesh, Bihar, Gujrat, 1[Jammu and Kashmir], Madhya Pradesh 2[***], 3[***] 4[Karnataka], Orissa, Rajasthan and Uttar Pradesh, to be known as the bar Council of that State.

5(b) For the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh;]

(c) For the State of Kerala and the Union territory of 6[Lakshadweep], Minicoy and Amindivi island to be known as the Bar Council of Kerala;

7 [(cc) For the 8[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras.

9[(ccc)For the State of Maharashtra and Goa, and the Union territories of Dadra and Nagar Haveli and Daman and Diu to be known as the Bar Council of Maharashtra and Goa;]

10[(d) for the State of Punjab and Haryana, and the Union territory of Chandigarh to be known as the Bar Council of Punjab and Haryana;

(dd) For the State of Himachal Pradesh to be known as the Bar Council of Himachal Pradesh.]

(e) For the State, of West Bengal and the 11[Union territory of Andaman and Nicobar Islands], to he known as the Bar Council of West Bengal; and

(f) For the Union territory of Delhi, to be known as the Bar Council of Delhi.

(2) A State Bar Council shall consist of the following members, namely: -

(a) In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; 12[in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the case of the state council Bar of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;

13[(b) In the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council, with all electorate exceeding, five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:]

14[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of' India, be persons who have for at least ten years been advocates on a Slate roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the persons has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).]

15[(3) There shall be a Chairman and a Vice-Chairman of' each State Bar Council elected by the Council in such manner as may be prescribed.

(3-A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act. 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977, charge of the office.]

16(4) An advocate shall be disqualified front voting at all election under sub-section (2), or of being chosen as, and for being a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may he made an electoral roll shall be prepared and revised from time to time by each State Bar council.

(5) Nothing in the proviso to subsection (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1904 but every election after such commencement shall he held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.]

17[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]

1. Ins. by Act No. 60 of 1973, sec. 4 (w.e.f. 31-1-1974).

2. The word "Madras" omitted by Act No. 26 of 1968. sec. 3 and Sch.

3. The word "Maharashtra" omitted by the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulation 1963 (8 of 1963) sec.12 (w.e.f. 1-7-65

4. Subs. By the Mysore state (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974. for Mysore (w.e.f. 1-11-1973).

5. Subs. By the Act No. 69 of 1986 sec. 19 for clause (6) as earlier amended by Act 81 of 1971 sec. 34 and Act 34 of 1986 sec. 16 (w.e.f. 20-2-1987).

6. Subs. by Act 34 of 1973 sec. 5.

7. Ins. By Act No. 26 of 1968 sec. 3 and Sch.

8. Subs by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970. (w.e.f. 14-11969).

9. Subs. By Act No. 18 of 1987 sec. 21 for clause (ccc) as initially ins. by Regulation 8 of 1963 sec. 12 and relettered by Act 26 of 1968 sec. 3 and Sch. ans subsequently amended by Act 60 of 1973 sec. 4

10. Subs. By Act 53 of 1970 sec 24 for clause (d) (w.e.f. 25-1-1971).

11. Subs. By Act 81 of 1971 sec 34 for Union Territories or Tripura and the Andaman and Nicobar Islands (w.e.f. 21-1-1972).

12. Ins. By Act 60 of 1973sec 4 (w.e.f. 31-1-1974).

13. Subs. by Act 60 of 1973 Sec. 4 for clause (b) (w.e.f. 31-1-1974)

14. Ins. By Act 21 of 1964 sec 2 (w.e.f.16-5-1964).

15. Sub-section (3) subs. by Act 107 of 1976 sec.3 (w.e.f. 13-9-1976) and again subs. by Act 38 of 1977 sec. 2 (w.e.f. 31-10-1977).

16. Ins. By Act, 21 of 1964 sec. 2 (w.e.f. 16-5-1964).

17. Sub-clause (6) ins. by Act 60 of 1973 sec. 4 (w.e.f. 31-1-1974).

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