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Member of the Bar should be aware of section 17(1) (a) the Advocate act 1961, which is as, follows:
(I) “Every State Bar Council shall prepare and maintain a roll of Advocate in which entry shall be made with the name and the address of:-
(a) All the persons who were entered as Advocate on the roll of any High court under the Indian Bar Council Act 1926(38 of 1920) immediately before the appointed day and who within the prescribed time express as an intention in the prescribed form to practice within the jurisdiction of the State Bar Council.”
It would be clear from section 17(1) (a) that unless the intention to practice is expressed within the prescribed time, in the prescribed manner to practice within jurisdiction of the Council their names will not be entered in the roll and consequently they would not be Advocates within the purview of the Advocate Act 1961. Hence every person whose name is entered as Advocate on the roll of any High Court under the Indian Bar Council Act 1926 (immediately before 1.12.1961 i.e. appointed day) shall express his or her intention to practice within the jurisdiction of the State Bar Council of Chhattisgarh to reach the Council on or before 30.11.63.
Any such intimation or expression of intention should be in the form specified in the annexure with all particulars correctly entered and duly signed and the said letter containing intimation can be handed over to the Secretary State Bar Council or sent by post to reach him on or before the said date.
If any such letter containing intimation reaches the Secretary, State Bar Council after the date specified aforesaid his or her name will not be included in the roll and such person whose name is not so included will not be an Advocate under the Act and will not be entitled to practice as an Advocate.
Date: Secretary State Bar Council of Chhattisgarh
PART II
CHAPTER –I
STAFF OF THE BAR COUNCIL
(Rules Under Section 15(2)(k))
The Council shall appoint a Secretary, paid or honorary, and may appoint:
(i) One accountant
(ii) One or more clerks
(iii) One or more peon's
In case of stipendiary appointments, the following Rules shall apply:
CHAPTER II
STAFF QUALIFICATION AND CONDITION OF SERVICE OF THE STENDIARY SECRETARY, ACCOUNTANT AND OTHER MEMBERS OF THE COUCNIL.
(1) SECRETARY
The Secretary to be appointed to the Council should have the following qualification on the date of the appointment:
(i) He should have obtained a degree in Law of a recognized university of India.
(ii) He should have been a practicing Advocate of not less than Ten (10) Year standing of any court in the state.
(iii) The Council shall determine his emoluments.
(iv) The Secretary shall be a full time employee of the Council and shall draw a salary in the scale as approved by the Council and benefits of the provident fund and leave salary at such rate as admissible under the Rules.
(v) Every newly appointed Secretary shall be under probation for a period of two years.
(vi) The Secretary shall not be entitled to practice as an Advocate during his term of office.
(vii) The Secretary shall retire on attainment of Sixty (60) Year's provided the Council may in case of his physical fitness extend his tenure for a period not exceeding two years at a time.
ACCOUNTANT:
The accountant of the Council shall on the date of his appointment –
(i) Be not more than thirty years and shall possess all or any of the qualification specified in (ii) & (iii) below.
(ii) Hold the degree or diploma in Accountancy of a recognized institution. Or
Has obtained the degree of any recognized university in B.Com or its equivalent.
(3) The Council may appoint such number of clerks, stenographers, typists and peons as may be required on such Terms and Conditions as determined by it. The accountant and the other Members of staff shall retire at the age Sixty (60) years and shall draw such salaries as may be determined by the Council from time-to-time. They shall also be entitled to leave salary and provident fund benefits as may be determined by the Council.
(4) The Council may alter or amend the regulations relating to the term and condition of appointment of Secretary, Accountant or other employees from time-to-time and may relax service condition in suitable individual cases.
CHAPTER III
ACCOUNT'S & AUDIT'S
MAINTAINANCE OF BOOKS OF ACCOUNTS AND OTHER BOOK'S OF THE BAR COUNCIL: -
The Council shall maintain inter-alia the following books of accounts:
(a) Ledger, daybook and cash book.
(b) Dispatch and receipt registers of letters.
(c) Stock books showing the movable, immovable and other article and properties belonging to the Council.
(d) Separate minutes book and proceeding of the Council and each of its Committees.
(e) Apprentices register and register of application for enrollment.
(f) Register regarding the application for examination.
(g) Register of complains against Advocate action taken all matters referred to disciplinary Committee and the result of the enquiry thereon.
(h) Register of books, journals and other periodicals purchased or otherwise belonging to the Council.
(i) Roll of Advocates.
(j) Register regarding the staff of the Council their attendance and period of actions.
(k) Provident fund accounts of employees.
(l) Endowment Register.
(m) Gratuity Registrar.
(n) Quittance Roll.
(o) Separate file containing the Rules of the Council with amendments made from time to time and other file containing Rules of All India Council with their amendments.
(p) Register of direction received from the Council from time to time.
CHAPTER IV
RULES FOR AUDIT
(6) Auditors duly qualified under section 12(2) of the Act, at the end of the each financial year shall audit the accounts of the Council.
(7) As soon as the accounts of the Council have been audited, the Secretary of the Council shall place same before the Executive Committee. After approval of the Audit Report by the Committee, it shall be placed before the Council for its consideration.
After the approval of the Audits Reports by the Council the Secretary shall send a copy of the Accounts together with a copy of the Report of the Auditors thereon, to the Bar Council of India and shall also cause the same to be published in the Official Gazette of the State of Chhattisgarh under section 12(3) of the Act.
(8) The Executive Committee, who shall be summoned by the Secretary of the Council, shall appoint the auditor within Fifteen (15) days of the close of the such financial year. The auditor shall be a chartered Accountant.
PART III
CHAPTER –I
CONDITION OF ENROLMENT
(Rules Under Section 28(2) r/w Section 15(1) and 15(1)(and (k)))
1. The Enrolment Committee of the Council may require a candidate to appear before it in support of any statement made by him in his application or to furnish such other particulars as may be required.
2. The Enrolment Committee of the Council shall consider such objections as may be urged against the enrolment of any person as Advocate, and may if necessary, call upon: -
(i) The person objecting to the enrolment.
(ii) The applicant for enrolment to appear before it or to produce such information on such matters as it may consider necessary.
3. If after scrutiny of the application and other papers and the consideration of any objection to the enrolment, if any, the Enrolment Committee considers that the person who applies for enrolment is a fit and proper person to be enrolled it shall make an order on the application, for his Enrollment.
Provided if the application and papers are not in order or if the person who has filed an application is not in its opinion a fit and proper person to be enrolled it shall record its opinion for the rejection of the application and reject the same and refer the application under section 26 (2) of the Advocates Act 1961 to the Bar Council of India.
4. The rolls of Advocates to be maintained by the Council shall be in form No. 16.
5. Every Advocate shall notify to the Council from time to time any change of address and all suspension or resumption of practice. Every such intimation shall contain the Roll No. of the Advocate, the date of his enrolment the address and other necessary particulars.
6. The name of every person enrolled as an Advocate will be entered in the same form in which it is entered in the Diploma or Certificate granted by the University in token of his having taken the Law degree. A person who wants his name as it appear in the diploma or Certificate altered should apply to the university and file the Diploma or Certificate as altered. Any person enrolled as an Advocate who desires to have an alteration of his name effected in the record of the Council should make an application to the Council.
7. person who has exercised judicial power at the time of his retirement from Service may be enrolled as Advocate subject to the condition that he will not be permitted to practice for a period of two years from the date of his retirement within the area in which he exercised such powers last
CHAPTER-II
RULESS OF ENROLMENT
(Rule Under Section 28(2) (C) Read with Section 15 (1) (I) and 26)
8. An application for admission as an Advocate on the roll of the Council shall be made in the form prescribed by the Council. The application shall be scrutinized by the office and submitted to the Enrolment Committee of Council. The Enrolment Committee shall proceed to dispose of every application in accordance with the provisions of the Act, the Rules made there under and the resolutions, if any, passed and/or any directions given and/or the principles laid down from time to time by the Council then in force.
9. In the event of the Enrolment Committee facing any doubt or difficulty as to the eligibility of the person seeking admission or as to the interpretation of any of the provisions of the Act, the Rules resolutions or directions or the principles, it shall refer the application to the Council for clarification of such doubt, difficulty or such question and shall finally dispose of the application in the light of the ruling and/or directions given by the Council in that behalf.
10. If the Enrolment Committee should be of the opinion that any application for admission made to the Council and referred to it for disposal ought to be rejected, it shall record its reasons in the statement and shall refer the application under section 26 (2) of the Act to the Bar Council of India for the opinion and dispose of it in conformity with the opinion of the Bar Council of India.
RULES FRAMED UNDER SECTION 28(2)(d) READ WITH SECTION 24(1(e)
11. A person who is otherwise qualified to be admitted as an Advocate but is either in full or part time service or employment or is engaged in any trade, business or profession shall not be admitted as an Advocate.
Provided however that these Rules shall not apply to: -
(i) Any person who is an articled clerk of an attorney.
(ii) Any person who is in part-time service as a Professor, Lecturer or Teacher -in-law. (iii) Any person who by virtue of being a Member of a Hindu Joint Family has an interest in a Joint Hindu Family business, provided he does not take part in the management thereof; and
(iv) Any person or class of persons as the Council may from time to time exempt after the approval of the Bar Council of India.
12.(I) Every person applying to be admitted as an Advocate shall be enrolled as such subject to the following conditions:-
(a) (i) That, he shall become a member of the Bar Association where his place of practice has been shown in the State Roll and meticulously observe the rule s of the Bar Association within three months.
(ii) That, he shall regularly pay the membership fees of the bar Association without any default.
(iii) That, he will not change his place of practice unless and until necessary changes are made in the State Roll by making an application in writing to the Secretary of the Council and obtain N.O.C. from the Bar Association where he is already a member.
(b) That he shall not be personally engaged in any Trade, or profession, or business, but he may be a sleeping partner in the firm doing business provided that, in the opinion of the Council the nature of the business is not inconsistent with the dignity of the profession.
(c) That he may be a Director or Chairman of the Board of the Directors of a company with or without any ordinary sitting fee provided none of his duties are of an Executive character and that he shall not be a Managing Director or Secretary of any company.
(d) That he is not in full or part- time service or employment and is not engaged in any other profession, trade, business or calling contrary to the Rules of the Bar Council of India.
(e) That if he has inherited or succeeded by survivorship to a family business, he may continue it but he may not personally participate in the management thereof. He may continue to hold share with others in any business, which was descended to him by survivorship or inheritance or by will provided he does not personally participate in the management thereof.
(f) That he may review parliamentary bills, for remuneration, edit legal text books at a salary to press Meeting for news paper, coach pupils for legal examinations set and examine question papers and subject to the Rules against advertising and full time employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal and non legal.
(g) That he is insured for life for a minimum sum of Rs 50,000/ -(Rupees Fifty Thousand) at the time of making the application, failing which it shall be compulsory for him to become a Member of Adhivakta Kalayan Yojna 1989 Scheme framed by the State Bar Council of Chhattisgarh.
(h) That he shall pay the necessary Fees for becoming a Member of Welfare Scheme and shall without any default pay the yearly subscription if any. Any Advocate who makes default in payment shall be deemed to have with drawn from the Welfare Schemes.
12. (II) If an Advocate already enrolled, accepts full or part- time service or employment or engage in any trade, business, profession disqualifying him for admission as envisaged in the Rule 12(i) (a), (b), (c), (d), (e), (f), (g) and (h) he shall forthwith inform the State Bar Council and shall cease to practice as an Advocate.
13. Every Advocate on the roll of the State Bar Council of Chhattisgarh, shall become a Member of the respective Bar Association where he practices within three months from the date of coming into force of this Rule and intimation thereof will be sent by him to the Secretary, State Bar Council of Chhattisgarh through the President or the Secretary of the respective Bar Association.
13- A. No Advocate shall accept any employment, which in the opinion of the State Bar Council is derogatory to the status of an Advocate. And if he does so he shall be liable to be proceeded against for professional misconduct.
14- A. breach of the above mentioned Rules 11 to 17 (A) or any under taking given in pursuance there of shall amount to professional misconduct under Section35 of the Act.
15. The application shall be accompanied by the following: -
(a) A diploma or a certificate showing that the applicant has taken a degree in Law from a university through a College approved by the Bar Council of India, attending a regular curriculum as per Rules.
(b) Certificate, in the form prescribed as to his fitness to be an Advocate on the roll of Advocates of the State Bar Council of C.G. where the applicant is a person already enrolled as a Vakil, Pleader or an Attorney shall not be required to produce such certificates.
(c) A declaration in writing by applicant that he will faith-fully observe and abide by all the Rules made by the State Bar Council and the Bar Council of India as amended from time to time for regulating the conduct of Advocate on the State Roll and the common roll of India.
(d) A declaration as to whether the applicant has made any previous application for admission as an Advocate to any High Court and the result thereof.
(e) A declaration that he is a citizen of India or a National of a country (Name of the Country) where citizens of India, duly qualified are permitted to practice in Law.
(f) A receipt from the Secretary of the State Bar Council that the applicant has paid the fee.
(g) A declaration that the applicant has completed Twenty one (21) years of age on or before the day of the application.
(h) A declaration that the applicant is not in full or part time employment of service and is not engaged in any trade, business or profession as envisaged in Rule No.12 (i) (a), (b), (c), (d) and (e) except: -
(1) Any person who is an Assistant to an Advocate or to an Attorney who is an Advocate.
(2) Any person who is in part time service as a professor, Lecturer and Teacher in Law.
(3) Any person who by virtue of being a Member of a joint Hindu Family has an interest in the joint Hindu Family business provided he does not take part in the management thereof.
(4) Any other person or class or persons as the State Bar Council may from time to time exempt.
(b) The two undertakings are to be given in the following terms: -
(a) I do here by under take if after my admission as an Advocate I accept full or part time service or I am engaged in any trade, business or profession. (other than such as is exempted by the State Bar Council from the operation of this under taking)
I shall forthwith inform the Council of such employment or engagement and shall cease to practice as an Advocate.
(b) I do hereby under take that I shall not accept any employment, which in the opinion of the State Bar Council, is derogatory to the status of an Advocate.
Secretary
State Bar Council of Chhattisgarh
FEES LEVIABLE STATE BAR COUNCIL OF CHHATTISGARH (Schedule to Rules 28(2) Chapter IX )
1. Enrolment Form Rs. 300=00 2. Model ByeLaws Rs. 50=00 3. Transfer Application (B.C.I.) Rs. 50=00 4. Duplicate Intimation Rs. 50=00 5. Identity Card Rs. 50=00 6. Suspension Of Sanad Rs. 300=00 7. Change Of Place And Address Rs. 150=00 8. Complaint under Section 35 of the Act
Complaint Registration Fees Rs.100=00
Complaint Process Fees Rs. 500=00
Notice Charge Summons Fees Rs. 400=00
Total Rs. 1000=00
9. Resumption of Sanad After Suspension
25
(1) Resumption Process Fees Rs. 600=00
(2) B.C.I. Collection Fund Rs. 100=00
Total Rs. 700=00
10. Continuation of Practice (Seniority Certificate) Rs. 150=00 11. N.O.C. For Notary (State & Central) Rs. 500=00 12. Certified Copy of State Roll Rs. 100=00
13. Transfer From C.G. State Roll (out)
(1) Transfer Fees Rs. 500=00
(2) Preparation charges of file and other
papers regarding transfer of name by
transfer or and transferee Bar Council. Rs. 500=00
Total Rs. 1000=00
14. Transfer To C.G. State Roll (In)
(1) Transfer Admission Fees Rs. 750=00
(2) Amalgamated Fund Rs. 500=00
(3) Stamp Duty Rs. 250=00
(4) Advocate Welfare Fund Rs. 600=00
(5) Identity Card Rs. 50=00
Total Rs. 2150=00
15. Duplicate Sanad with Stamp Duty with Stamp & Stamp Duty Rs. 500=00 16. Recognitions Bar Association Rs.1000=00
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