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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY

No. 18] NEW DELHI, SATURDAY, APRIL 18, 1964/CHAITRA 29, 1886

Separate paging is given to this Fart in order that it may be filed

as a separate compilation

LOK SABHA

The following Bill was introduced, in Lok Sabha on the 18th April, 1964: —

BILL NO. 31 OF 1964

A Bill further to amend the Advocates Act, 1961.

Short title, BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: —

1. This Act may be called the Advocates (Amendment) Act, 1964.

Amend- ment of section 3.

2. In section 3 of the Advocates Act, 1961 (hereinafter referred 5

29 of 1961. to as the principal Act) ,—

(a) in sub-section (2), in clause (b), for the words "roll of the State Bar Council", the words "electoral roll of the State Bar Council" shall be substituted;

(b) to sub-section (2), the following proviso shall be 10 added, namely: —

15

38 of 1920.

"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 State roll, and in computing the said period of ten years in rela- tion to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926."; (c) after sub-section (3), the following sub-sections shall 20 be inserted, namely: —

"(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as,

(285)

58 G of I Eat—1.

5 and for being, a member of a State Bar Council, unless ne 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 be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.

(5) Nothing in the proviso to sub-section (2) shall

10 affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964, but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.".

3. In section 4 of the principal Act, after sub-section (2), the

following sub-section shall be inserted, namely: —

Amend- ment of section 4.

"(3) The term of office of a member of the Bar Council of

15 India elected by the State Bar Council shall—

(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election; and

(ii) in any other case, be for the period for which he

20 holds office as a member of the State Bar Council: Provided that every such member shall continue to hold office as a member of the Bar Council of India until his suc- cessor is elected.".

4. In section 8 of the principal Act,—

25

(a) for the words "Bar Council", the words "State Bar Amend- ment of section 8.

Council" shall be substituted;

30 (b) for the words "elected to each such Council", the words, brackets and figures "elected to each such Council (reconstituted on the expiry of the - term of office of the elected members of the State Bar Council under section 54)" shall be substituted.

5. For section 9 of the principal Act, the following section shall

be substituted, namely: —

Substitu- tion of new sec- tion for section 9.

35 Discipli- nary Commit- tees.

"9. (1) A Bar Council shall constitute one or more disci- plinary committees, each of which shall consist of three persona of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifi-

cations specified in the proviso to sub-section (2) 0f section 3 and who are not members of the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.

5

(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the com- mencement of the Advocates (Amendment) Act, 1964 may dispose of the proceedings pending before it ag if this section had not been amended by the said Act.".

6. After section 10 of the principal Act, the following section shall 10

be inserted, namely: —

Insertion of new sec- tion 10A. Disquali- fication of members of Bar Council.

15

"10A. An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India.".

7- In section 15 of the principal Act, in sub-section (2),—

Amend- ment of section 15.

(a) for clause (a), the following clause shall be substituted, 20

namely: —

25

" (a) the election of members of the Bar Council includ- ing the conditions subject to which persons can exercise the right to vote, the preparation and revision of electoral rolls, the manner in which election shall be held and the manner in which results of election shall be published;";

(b) in clause (e), for the words "Bar Council", the words

"State Bar Council" shall be substituted.

8. In section 16 of the principal Act, to sub-section (4), the follow-

ing proviso shall be added, namely: —

30

Amend- ment of section 16.

35

"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.".

9. In section 17 of the principal Act, in sub-section (3), for the Amend- ment of section 17.

words "and such seniority shall be determined", the words "and, subject to any rule thnt may be made by the Bar Council of India in this behalf, such seniority sha''l be determined" shall be substituted.

40

10. In section 18 of the principal Act, to sub-section (2), the fol-

lowing proviso shall be added, namely: —

Amend- ment of section 18.

5

10 "Provided that where any such application for transfer is made Iby a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application.".

Amend- ment of section 20.

15 11. In section 20 of the principal Act, in sub-section (3), for the words "Entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows", the words "Entries in each part of the common roll shall be nrade In such manner as the Bar Council of India thinks fit and the seniority of an advocate on the common roll shall be determined as follows" shall be substituted.

12. For section 22 of the principal Act, the following section shall

r be substituted, namely: —

2O "22. There shall be issued a certificate of enrolment, in the

prescribed form—

Substitu- tion of new section for section 22. Certificate of enrol- ment.

(i) by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it under this Act; and

*5 (ii) by the Ear Council of India to every person whose name Is entered in the common roll without his name hav- ing already been entered in any State roll.".

13. In section 24 of the principal Act,—

Amend- ment of section 24.

(A) in sub-section (1),~

(a) in clause (c),—

30

(i) in sub-clause (Hi), the words "or elsewhere"

shall be omitted;

(ii) after sub-clause (in), the following sub-clause

shall be inserted, namely: —

"(iv) in any other case, from any University

^

outside the territory of India, if the degree is recog- nised for the purposes of this Act by the Bar Council of India; or";

(b) in clause (d),—

"5

(i) the words "after such training" shall be omitted; (ii) in the proviso, for paragraph (i), the following paragraph shall be substituted, namely: —

10

13

" (i) a person who has obtained a degree in law from any University in India on the results of an examination held before the 31st day of March, 1964 or such other later date as may be prescribed, or a barrister who was called to the Bar before such date, or a barrister who, having qualified after that date, has received such practical training in law as may be recognised in this behalf by the Bar Council of India;";

2O

(B) in sub-section (2), for the words "a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entitled to be enrolled as an advocate of a High Court immediately before the appointed day under any law then in force,", the words "a vakil or a pleader who is a law graduate" shall be substituted;

(C) after sub-section (2), the following sub-sections shall be inserted, namely: —

25

" (3) Notwithstanding anything contained in sub-section (I), a person who—

3O

(a) before the 31st day of March, 1964, has, for at least three years, been a vakil or a pleader or a mukh- tar, or was entitled at any time to be enrolled under any law then in force as an advocate of a High Court (Including a High Court of a former Part B State) or of a Court of Judicial Commissioner in eny Union terri- tory; or

35

(b) before the 15th day of August, 1947, has been an advocate of any High Court in any area which was comprised within India as denned in the Government of India Act, 1935; or

(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was com- prised within Burma as denned in the Government of India Act, 1935; or

40

(d) Is entitled to be enrolled as an advocate under any rule made by the Bar Council of India In this be- half,

may be admitted as an advocate on a State roll if he—

5 (i) makes an application for such enrolment in accordance with the provisions of this Act; and

(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).

TO

15 (4) Notwithstanding anything contained in sub-section (1), a person who has been an attorney of any High Court may be admitted as an advocate on a State roll if he makes an application for such enrolment in accordance with the provisions of this Act and fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1), but the right of such a person to plead or to act on the original side of the High Court at Calcutta or the High Court at Bombay shall be subject to any rules that may be made in that be- half by that High Court.".

14. Tn section 26 of the principal Act,—

2O Amend- ment of section 28.

(a) in sub-section (1), after the words, brackets and figures "sub-sections (2) and (3)", the words "and to any direction that may be given in writing by the State Bar Council In this behalf" shall be inserted;

(b) to sub-section (1), the following proviso shall be added, namely: —

25

3O "Provided that the Bar Council of India may, If satisfied, either on a reference made to¹ It in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportu- nity of being heard."; (c) after sub-section (3), the following sulb-section shall be inserted, namely: —

35

40 "(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person who"e application was refused and the grounds for the refusal.".

15. After section 26 of the principal Act, the following section

shall be inserted, namely:—•

Insertion of new sec tion 26A.

5

"26A. The Bar Council of India or any State Bar Council may remove from the common roll or the State roll, as the case may be, the name of any advocate who is dead or from whom a request has been received to that effect.".

Power to remove names from roll.

16. In section 2U ot the principal Act, in clause (b) ot sub-section

(2), the words "after such training" shall be omitted.

Amend- ment of section 28.

17. To section 35 of the principal Act, the following Explanation

shall be added, namely: —

10

Amend~ ment of section 35.

"Explanation.—In this section, the expressions "Advocate- General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor

npnprol rvf Tnriifl "

*5

Amend- ment of section 37.

IS. In section 37 of the principal Act, in sulb-section (I), for the words, brackets and figures "under sub-section (3) of section 35", the words and figures "under section 35" shall be substituted.

19. After section 48 of the principal Act, the following sections

shall be inserted, namely: —

20

"48A, (1) The Bar Council of India may, at any time, call for

Insertion of new sec- tions 48A and 48B. Power of revision.

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.

25

(2) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable oppor- tunity of being heard.

30

Power to give direc- tions.

48B. (1) For the proper and efficient discharge of the func- tions 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.

35

(2) Where a State Bar Council is unable to perform its functions for any reaeon 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.".

5

20. In section 49 of the principal Act,—

(a) for clause (a), the following clauses shall be substitut- Amend- ment of section 49.

ed, namely: —

10 "(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;

15

(ae) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3;

20 (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 advo- cates may be determined;

25 (af) the category of persons who may be exempted from undergoing a course of training and passing an exami- nation prescribed under clause (d) of sub-section (7) of section 24;

(ag) the class or category of persons entitled to be en- rolled as advocates;

30 (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) for clause (i), the following clauses shall be substituted, namely: —

35

"(i) general principles for guidance of State Bar Coun- cils 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:".

21. Alter section 49 of the principal Act, the following section shall be inserted, namely: —

5

"49A. (7) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.

Insertion of new sec- tion 49A. Power of Central Govern- ment to makt rule*.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) qualifications for membership of a Bar Council and 10

disqualifications for such membership;

(b) the manner in which the Bar Council of India may- exercise supervision and control over State Bar Councils and the manner in which the directions issued or orders made by the Bar Council of India may be enforced;

15

(r) the class or category of persons entitled to be enrol- led as advocates under this Act;

20

(

(e) the manner in which seniority among advocates may be determined;

²5

(/) the procedure to be followed by a disciplinary com- mittee of a Bar Council in hearing cases and the procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;

(gf) any other matter which may be prescribed.

(3) Rules under this section may be made either for the whole of India or for all or any of the Bar Councils.

30

(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the Central Gov- ernment under this section, then, the rule under this section, whether made before or after the rule made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to th" extent of the repugnancy, be void.

35

(5) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session "r in two successive sessions, and if 195 (B) LS—2.

56 G of I Ex.—2.

5 before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be mpde, the rule f-;hall thereafter have effect only in such modified torm of be of no elfecL, as the case may be; so however, that any such modifiesUon or annulment shall be with- out prejudice to the validity of anything previously done under that rule.".

22. In section 54 of the principal Act,—

Amend- ment of section 54,

(i) the words "the Bar Council of India and" shall be omit- 10

ted and shall be deemed always to have been omitted;

(ii) the following proviso shall be inserted and shall be

deemed always to have been inserted, namely: —

15 "Provided that such members shall continue to hold office until the State Ear Council is reconstituted in accord- ance with the provisions of this Act.".

23. In section 55 of the principal Act, for clause (c), the follow-

ing clauses shall be substituted, namely: —

Amend- ment of section 55.

30

in of 1879 "(c) every mukhtar practising as r.uoh immediately before the said date by virtue of the provisions of the Legal Practi- tioners Act, 1879, or any other law, who dows not elect to be, or is not qualified to be, enrolled as a;; advocate under this Act;

18 of 1879.

(d) every revenue agent piaetising us such immediately be- fore the said date by virtue of the provisions of the Legal Practi- tioners Act, 1879, or any othui¹ law;".

25 24. In section 58 of the principal Act, in sub-section (4), for the Amend- ment of seotlon 68.

words "the issue and renewal", the words "the icnewal or the issue by way of renewal" shall be substihuwd.

25. After section 58 of the principal Act, thr following sections

shall be inserted, namely: —

30 Insertion of new sections 38A and 58B.

35 Special provisions with res- pect to certain advocates.

"58A. (/) Notwithstanding anything enntpined in this Act, all advocates who, immoriisiely before the ;6th day of July, 1948, were entitled to practise in the High (_' .urt in Allahabad or the Chief Court in Oudh and who under tl..j provisions of the United Provinces High Courts (Amalgamation) Ordt-r, 1948 were recognised as advocates entitled to practice in the new High Court of Judicature at Allahabad but whose names were not for- mally entered on the roll of advocates of that High Court merely

5

38 of 1926.

by reason of the mi>paympnt nf the fee payable ^ 'he Bar Council of }h1 \- ho were enrolled as such bdween the said dalp and the 26th day of May, 1952, shall, for tha purposes of clause (a) of sub-section (7) of section 17, be deemed to be persons who were entered as advo- cate? on the roll of Iho said High Court under the Indian Bar Councils Act, 19*?6 -ind every such person may, on an application being made m this behalf, be admitted as an advocate on the State 1 oil of U+tar Pradesh.

10

15

38 of 1926.

20

(?) Notwithstanding anything contained in this Act, all advocates who, immediately before +he 10th day of October, 1952 were entitled to ptactise in the High Court of Hyderabad but whose names were not formally entered on the roll of advo- cates of that High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (/) of section 17, be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the Stale roll of Andhra Pradesh or of Maharashtra.

^5

38 of 192TJ

30

35

40

311 of 192G.

5 Special provision, relating to certain discipli- nary pro- ceedings

58B. (1) As from the 1st day of September, 1963, every proceeding In respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.

¹⁰ 38 of 1928.

(2) If immediately before the said date, there is any pro- ceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926, such proceeding shall stand trans- ferred to the State Bar Council in relation to that High Court, as If it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56:

15

38 of 1926.

20 Provided that where In respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926, the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred on it under section 12 of the said Act as if that section had not been repealed:

25 Provided further that where the Hifh Court hqs referred back any case for further inquiry under sub-sprtion <4) of sec- tion 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56,

30 (3) If immediately before the said r|a+e there is any pro- ceeding in respect of any disciplinary mr.ttr-r pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrol- led as an advocate on any State roll under the Act, such pro- ceeding shall stand transferred to the State Bar Council on the roll of which he has boon enrolled and be deslt with under this Act as if it were a proceeding arising agiinst him thereunder.

35

38 of 1926 (4) In this section "existing advocate" means a person who was enrolled as an advocate on the roll of anv High Court under the Indian Bar Councils Act, 1026 and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is nit enrolled as an advocate on a State roll under this Act

'")> The provia) >ns of thisi section shall have effect, notwith- 40

standing anything contained in this Act.".

STATEMENT OF OBJECTS AND REASONS

The working of the Advocates Act, enacted in May, 1961, has revealed certain practical difficulties and representations in this be- half have been received from various State Bar Councils and other associations. The Bar Council of India has also suggested certain amendments to the Act. Difficulties were being experienced mainly in regard to the functioning of the Bar Councils and the Committees thareof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of sec- tions 17 and 24 of the Act. It is considered necessary that the Act should be suitably amended for removing such difficulties and for Ncilit'-itirw the implementation of its provisions.

2. The Act provides for the general supervision and control of the Bar Council of India over all State Bar Councils in order that they may, in the exercise of their powers, follow a uniform all-India policy. The powers

3. The State Bar Councils have been given wide powers under the Act In respect of various matters, including disciplinary matters. Tt is considered that, in the interests of efficient functioning of a State Bar Council, it should consist of some advocates who have at least ten years' standing. There was such a provision in the Tndian Bar Councils Act, 1926. It is accordingly proposed to provide that, as nearly as possible one-half of the elected members of every State Bar Council should be advocates of not less than ten years' standing. The other principal amendments proposed in the Bill are—

(1) that the 1erm of office of a member of the Bar Council of Tndia elected by a State Bar Council should normally be for

the same period for which he holds office as a member of a State Bar Council;

(2) that the Bar Council of India should be empowered to form more than one disciplinary committee, and that Iht disci- plinary committee of a Bar Council should consist of three members only, one of whom should be a co-opted member;

(3) that the Bar Council of India should be empowered to refuse, in suitable ca^os, the applications ior the transfer of the name of an advocate from one State roll to another;

(4) that the Bar Council of India should be permitted to prepare and maintain the common roll in such manner as it thinks fit;

(5) that certain categories of persons who may not at pre- sent be entitled to be enrolled a? advocates should be so entitled;

(6) that the State Bar Council should have more effective control over its enrolment committees; and

(7) that the disciplinary jurisdiction of State Bar Councils should be extended to certain proceedings which are not at pre- sent covered by the Act

4. The Bill seeks to achieve these objects. Opportunity h^s also been taken to make certain other amendments of a minor character.

5. The notes on clauses appended to the Bill explain the provi- sions thereof.

A. K. SEN.

NEW DELHI;

TKQ 11th March, 1964

iVutes on clauses

Clausa 2.—Under .sub-section (2) ui section 3 of the Act, the members of a OTGIP Bar Council are elected irom amongst the advocate^ on us roll, and every advocate is entitled to seek election to the Bar Council. The State Bar Councils have been given wide powers under the Act in respect of various matters, including disci- plinary xi latter a. It is considered that, in the interests of efficient functioning of a Stale Bar Council, it should consist of some ad- vocates who have at least ten years' standing. There was such a provision in the Indian Bar Councils Act, 1926. It is accordingly proposed VJ provide that, a;; nearly as possible, one-half of The elected members of every State Bar Council should be advocates of not less then ten years' standing.

It is alf,o proposed to empower the Bar Council of India to make rules in regard to the disqualification of an advocate from voting at an election or lor being chosen as, or for being, a member of a State Bar Council.

This clause seeks to amend section 3 lor the purpose.

ClauMes 3, 4 and 22 - -These clauses seek to amend sections 4, 8 and 54 oi the Art Under section 8 of the Act, the term of office of electea members of the Bar Council of India and of State Bar Councils it. six \eavs, end one-llnrd ol the members has to retire on the expiiKtirn of every second year The Bar Council of India consists mainly of elected representative of State Bar Councils, and the principle ot rotation which has been introduced, both in the Bar Council ol India and the State B:,r Councils, may enable a member of LIIL' B'u Ccmnril of India to continue m office even after he has ceased 10 hp a riember of the Slate Bar Council. This is an ano- malous p ;itirm. Clause 3 seeks to amend section 4 to provide that the teim ol. office of a member of the Bar Council of India elected by a Slate rWii • ouncil bhuuJd be for the same period for which he holds off)OP db a member uf a State Bar Council. It further pro- vides that where the Advocate-General of a State who is an ex- ofticio member of 1hc SLcie Bar Council, is elected to the Bar Council of India, he should hold office for two years only from the date of his election.

The existing seel ion 8 provides i - ihe term ol office of members of the Bar Council of Ind;a as a^o of he State Bar Councils. In view of th1 3 elating to the term of office of the members oi the Bar Council of India, clause 4 restricts the application of this section to State Bar Councils only.

Under section 54 of the Act, the term of office of elected members of a State Bar Council constituted for the first time is two years. Clause 4(b) seeks to make it clear that the provisions of section 8 shall apply to a State Bar Council when it is reconstituted on the expiry of the term of office specified in section 54.

In view of the amendment made to section 4, the provisions of section 54 have also been restricted to State Bar Councils only. The election to the various State Bar Councils would not be completed before the expiry of the term of their members under section 54. To overcome this difficulty, it has been provided in clause 22 that the elected members of a State Bar Council shall continue to hold office until it is reconstituted in accordance with the provisions of the Act.

Clause 5.—Under section 9, the disciplinary committee of a Bar Council is to consist of five members. It is felt that this makes the committee unwieldy. The strength of the committee is therefore proposed to be reduced to three. Out of three members, two shall be elected and the third member shall be co-opted. It is also pro- posed that the co-opted member should be an advocate of ten years' standing.

It is further considered desirable that the Bar Council of India should also have the power to constitute more than one disciplinary committee. Section 9 is being amended for the purpose.

Clause 6.—There is no provision in the Act relating to disquali- fication of members. The proposed section 10A specifies the circums- tances under which an elected member of a Bar Council 3hall be deemed Lo have vacated his office.

Clause 7.—Section 15 deals with the power of a Bar Council to make rules. This clause seeks to amend this section to make it clear that the rules may lay down the conditions subject to which persons can exercise the right to vote.

Clause 8.—By virtue of sub-section (4) of section 16 of the Act, the advocates of the Supreme Court who were senior advocates on 1st December, 1961 automatically became senior advocates under the Act. The senior advocates are subject to certain restrictions in the matter of practice as may be prescribed by the Bar Council of India. It is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocates of the Supreme Court.

Clause IU.—section i" 01 me ACT provides lor tne transfer 01 tne name of an advocate from one State roll to another. When a person makes an application for such transfer, the Bar Council of India has no discretion in the matter and it has to issue necessary directions for such transfer. There may be cases where the transfer of the name of a person from one State roll to another ig undesirable and the Bar Council of India should be empowered to reject an applica- tion for transfer in suitable cases, after giving the applicant a reason- able opportunity of representing his case. This clause seeks tc amend the section for the purpose.

Clause 11.—Under section 20 of the Act, the Bar Council of India has to prepare and maintain a common roll of advocates in the order of seniority. The Bar Council of India has pointed out that prepara- tion of the common roll after fixing inter se seniority of advocates all over India will be a laborious task and that the preparation of the common roll may therefore be delayed. This clause seeks to amend section 20 to enable the Bar Council of India to decide the manner in which the common roll shall be maintained.

Clause 12.—Section 22 deals with the issue of certificate of enrol- ment. In cases where the State Bar Councils have issued the certi- ficates of enrolment, there may be no necessity for the Bar Council of India to issue a fresh certificate again. This clause seeks to amend the section to that effect.

Clause 13.—Section 24 of the Act prescribes the qualifications which a person is required, to possess for enrolment as a new ad- vocate. It has been brought to the notice of Government that cer- tain classes of persons who were treated as advocates or who wer" entitled to be enrolled as advocates before the commencement of Chapter III of the Advocates Act would not strictly fall within the scope of section 24. It is also considered necessary to enlarge the scope of section 24 to cover certain other classes of persons as well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not. The proposed sub-sections (3) and (4) of section 24 specify the various classes of persons who should be eligible for enrolment as advocates. They are as follows; —

(i) advocates on the roll of Judicial Commissioners' Courts, (ii) attorneys of High Courts,

(iii) advocates of the Chief Court of Sind before 15th August, 1947,

(lv) advocates of Rangoon High Court b"fore 1st April, 1937F 56 G of I Ex.—3.

(v) all persona who were entitled to be enrolled as advocate! of a High Court (Including

(vi) all vakils, pleaders end nuukhtars who have put in three years of practice before 31st March, 1964.