RNI No. MAHBIL/2009/ 35827
सत्यमेवजयते
महाराष्ट्र शासन राजपत्र
भाग दोन - संकीर्ण सूचना व जाहिराती
वर्ष ७ , अंक ३३ ]
गुरुवार ते बुधवार , ऑगस्ट १ ९-२५ , २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३ [पृष्ठे ४५, किंमत: रुपये १५.००
प्राधिकृत प्रकाशन संकीर्ण सूचना व जाहिराती महाराष्ट्र राज्य विद्युत पारेषण कंपनी मर्यादित प्रस्तावित योजनांची अधिसूचना
महापारेषण महाराष्ट्र राज्य विद्युत पारेषण कंपनी मर्यादित
क्रमांक एमएसईटीसीएल/सी.ओ./पी.एस./स्कीम- I/ आरइ- ओआरसी/पी.एन. /४५४५
विद्युत कायदा , २००३ च्या कलम १६४ प्रमाणे व महाराष्ट्र शासनाच्या आदेश क्रमांक ०६/प्र.क्र . ३१२ / ऊर्जा/ ४ , दिनांक २४ ऑगस्ट २००६ (शासकीय राजपत्र, पान क्रमांक २८० ) नुसार , महाराष्ट्र राज्य विद्युत पारेषण कंपनीस प्रदान केलेल्या अधिकारानुसार, खाली नमूद केल्याप्रमाणे अति उच्च दाब पारेषण योजनेचे डी.डी.एफ. अंतर्गत काम हाती घेण्याचे प्रस्तावित करीत आहे . या सर्व अधिकारांचा वापर प्रस्तावित योजनेतील विजेचे पारेषण , वितरण अगर म.रा.वि. पारेषण कं. मर्या . च्या समन्वय , संचलन व सुव्यवस्था या कामाकरिता पारेषण कंपनीद्वारे करण्यात येईल . जनतेच्या माहितीकरिता ही अधिसूचना देण्यात येत आहे .
२. खालील योजना त्या भागातील अति उच्च दाब ग्राहकांच्या वाढत्या वीजेची गरज पुरविण्यासाठी व नवीन ग्राहकांना वीज पुरवठा करण्यासाठी , तसेच विद्युत पुरवठा तसेच विद्युत प्रणाली सक्षम करण्यासाठी आहे.
( १ ) सांगली जिल्ह्यातील डफळपूर ता. जत येथील मे . श्रीपती शुगर अॅण्ड पॉवर लि . यांच्या १२ मे.वॅ. क्षमतेच्या उसाच्या चिपाडावर आधारित वीज निर्मिती प्रकल्पातील विजेचे निष्कासन १३२ के.व्ही . क्षमतेवर करणेबाबत . मे. श्रीपती शुगर अॅण्ड पॉवर लि. यांनी महापारेषण कंपनीच्या देखरेखीखाली करावयाची कामे ( i ) ११० के. व्ही. कवठेमहांकाळ - जत वाहिनीवर लिलो करून द्विदल परिपथ वाहिनी दुहेरी मनो - यावर मे . श्रीपती शुगर अॅण्ड पॉवर लि . यांच्या आवारापर्यंत उभारणे ४ कि.मी. सदर वाहिनीचा मार्ग डफळपूर व कुडनूर , ता. जत , जि. सांगली येथील महसूली गावाच्या परिक्षेत्रातून प्रस्तावित आहे . ( ii ) ११० के. व्ही. वाहिनी बे ( १ बस २ नं. ) . (iii ) पी.एल.सी.सी. उपकरणे ( iv ) मीटरींग सीटी, पीटी, आयसोलेटर उभारणे. ( v ) ए.बी.टी. मोजणी व इतर संलग्न उपकरणे उभारणे ( vi ) बस बार प्रोटेक्शन (vii) मीटरींग रुम (viii ) नियंत्रण कक्ष व इतर स्थापत्य कामे ( ix ) स्काडा प्रणाली उभारणे ( x) २२० व्होल्ट आणि ४८ व्होल्ट बॅटरी चार्जर. या योजनेचा अंदाजे खर्च रु . ६२२.४ ९ लाख इतका आहे .
( २ ) वाशिम जिल्ह्यातील जौलका येथे मे . साउथ इस्ट सेंट्रल रेल्वे यांना १३२ के. व्ही . क्षमतेवर ९ मे . वॅ . विद्युत पुरवठा करणेबाबत . मे. साउथ ईस्ट सेंट्रल रेल्वे यांनी म.रा.वि.पा.कं. मर्या . च्या देखरेखीखाली करावयाची कामे . ( i ) केबल ट्रेंच, मेटल स्प्रेडींग , मीटरींग रुम , चेन लींक फेंसिंग , गँट्री पायाभरणी व उपकरणे पायाभरणी इ . सहीत १३२ केव्ही कर्षण उपकेंद्राची जौलका येथे उभारणी करणे .
(१)
भाग दोन (संकीर्ण ) -१ २
महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
( ii) महापारेषणच्या २२० के.व्ही . मालेगाव उपकेंद्रांत १३२ के.व्ही . वाहिनी बे उभारणे व अस्तिवात असलेल्या बस बार प्रोटेक्शन व स्काडा मध्ये नवीन वाहिनी बे समाविष्ट करणे ( अ ) महापारेषणच्या २२० के .व्ही . मालेगाव उपकेंद्रात स्थापत्य कामे करणे गॅस्ट्री पायाभरणी , उपकरणे पायाभरणी आणि मेटल स्पेड्रींग इ . ( iii) २० के. व्ही . मालेगाव उपकेंद्र ते प्रस्तावित १३२ के.व्ही . जौलका कर्षण उपकेद्रांपर्यत १३२ केव्ही एकपथ वाहिनी द्विपथ मनो - यावर उभारणे - १४.५ कि.मी. (अंदाजे) ( iv ) १३२ के.व्ही. जौलका कर्षण उपकेंद्रात मीटरींग सीटी , पीटी, आयसोलेंटर उभारणे १ बे ( एम.ई.आ.सी. मीटरींग रोड २०१ ९ अन्वये मेन व चेक मीटर सहीत ) ( v ) पी.एल.सी.सी. उपकरणे ( vi ) ४८ व्होल्ट बॅटरी व बॅटरी चार्जर ( vii ) एबीटी मोजणी व इतर संलग्न उपकरणे उभारणे . या योजनेचा अंदाजे खर्च रु . १००४.३२ लाख इतका आहे .
( ३ ) औरंगाबाद जिल्ह्यातील वाळुंज एम.आय.डी.सी. येथे मे. कॉस्मो फिल्म लि. यांना १३२ के.व्ही . क्षमतेवर १२.५ मे.वॅ. विद्युत पुरवठा करणेबाबत . मे. कॉस्मो फिल्म लि. यांनी म.रा.वि.पा.क. मर्या . च्या देखरेखीखाली करावयाची कामे. ( १ ) कंट्रोल रुम , चेन लिंक फेंसिग डब्लू बी.एम.रोड, प्रवेश द्वार , मीटरिंग रुम , गँट्री आणि उपकरणे पायाभरणी इ. सहीत १३२ के.व्ही . उपकेंद्राची उभारणी मे. कॉस्मो फिल्म लि. च्या जागेत करणे (i ) मे . कॉस्मो फिल्म लि. च्या जागेत १३२ के. व्ही . वाहिनी बे उभारणे-१ बे ( ii ) मे . कॉस्मो फिल्म लि. च्या जागेत मीटरींग सीट , पीटी , ( मेन व चेक) , आयसोलेटर उभारणे -१ बे ( एम.ई.आर.सी. मिटरींग कोड २०१ ९ अन्वये मेन व चेक मीटर सहीत ) (iii ) ११० व्होल्ट व ४७ व्होल्ट बॅटरी व बॅटरी चार्जर . ( iv ) एफ.ओ.टी. उपकरणे ( २ ) म.रा.वि.पा.क. मर्या. च्या १३२ के.व्ही. वाळुंज उपकेंद्रात ( i ) १३२ के . व्ही . वाळुंज उपकेंद्रात एक वाहिनी बे . १३२ के.व्ही . मेन I व II ऑक्सिलिअरी बस विस्तारासहित ( ii ) रिमोट मॉनिटरिंगसाठी १३२ के.व्ही . वाळुंज उपकेंद्रात नवीन बे ला अस्तिवात असलेल्या बस बार प्रोटक्शन व प्रस्तावित स्काडामध्ये सामाविष्ट करणे ( iii ) एफ ओ . टी. उपकरणे (iv ) १३२ के.व्ही . वाळुंज उपकेंद्रात स्थापत्य कामे करणे गँट्री व उपकरणे पायाभरणी ( ३ ) १३२ के.व्ही . वाळुंज ते प्रस्तावित मे कॉस्मो फिल्म लि. च्या स्विचयार्ड पर्यंत १३२ के.व्ही. एक पथ भूमिगत वाहिनी ( १००० चौ.मी.मी. ) उभारणे -२ कि.मी. (अंदाजे) ( ४ ) एबीटी मोजणी व इतर संलग्न उपकरणे उभारणे ( ५ ) स्काडा प्रणाली उभारणी. या योजनेचा अंदाजित खर्च रु. २१ ९५.९ २ लाख इतका आहे.
३. परवानेधारक अगर हितसंबंध असलेल्या व्यक्तीने हवे असल्यास , ही सूचना प्रसिद्ध केलेल्या तारखेपासून दोन महिन्यांच्या आत महाराष्ट्र राज्य विद्युत पारेषण कंपनी मर्यादितच्या विचाराकरिता पारेषण कंपनीस प्रतिवेदने पाठवावीत , अशी त्यांना अधिसूचना देण्यात येत आहे . याबाबतची अधिक माहिती अधीक्षक अभियंता (योजना- I ) महाराष्ट्र राज्य विद्युत पारेषण कंपनी मर्यादित , ३ रा मजला , प्रकाशगंगा , प्लॉट नं. सी-१ ९ , बांद्रा-कुर्ला संकुल , बांद्रा ( पूर्व) , मुंबई ४०० ०५१ यांचेशी वेळीच संपर्क साधून मिळू शकते.
मुंबई ,
दिनांक ९ ऑगस्ट २०२१ .
रविंद्र चव्हाण , संचालक ( प्रकल्प) .
३ महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९-२५, २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
Serial No. M - 2132
BSE LIMITED
Bye - laws of BSE Ltd.
A. Whereas , pursuant to the circulars dated June 20 , 2019 and February 25 , 2020 issued by Securities and Exchange Board of India ( " SEBI " ) on " Handling of Clients' Securities by Trading Members / Clearing Members " and "Margin obligations to be given by way of Pledge/ Re - pledge in the Depository System " respectively , it is proposed to amend the Bye - Laws of BSE Ltd. ( " BSE " ) , as under , inviting public comments in terms of Securities Contracts (Regulation ) Act , 1956 :
( 1) Chapter XII - Bye - law 6 Margin A trading member shall have the right to demand from its constituent the margin deposit he has to provide under these Bye Laws , Rules and Regula- tions in respect of the business done by it for such constituent . A trading member shall also have the right to demand an initial margin in cash and/ or securities from its constituent before execut- ing an order and/or to stipulate that the constituent shall make a margin deposit or furnish addi- tional margin as may be required by the trading member . The constituent shall when from time to time called upon to do so forthwith provide a margin deposit and/or furnish additional margin as required under these Bye Laws , Rules and Regulations in respect of the business done for him by and/ or as agreed between him and the trading member concerned .
The member of the Exchange shall deal with the collateral of securities placed by the client in such manner as may be prescribed by SEBI and/ or the Exchange from time to time .
( 2 ) Chapter XII - Bye - law 8 ( b) -Closing- out of Constituent's Account - When closing - out the account of a constituent a trading member may assume or take over such transactions to his own account as a principal at prices which are fair and justified by the condition of the market or he may close- out in the manner specified by the relevant authority and any expense incurred or any loss arising therefrom shall be borne by the constituent . The contract note in respect of such elosing- out shall disclose whether the trading member is acting as a principal or on account of another constituent.
A trading member shall close out the deal /transactions of its constituent only in the manner specified by SEBI or the Exchange from time to time .
B. Whereas pursuant to the circular dated July 01 , 2020 issued by SEBI on " Standard Oper- ating Procedure in the cases of Trading Member/Clearing Member leading to default " , it is pro- posed to amend the Bye- Laws of BSE , as under , inviting public comments in terms of Securities Contracts ( Regulation ) Act , 1956 :
( 1) Chapter XIV – Default - Bye - law 33 – ( 33 ) Potential Default by a Member : ( 1 ) The criteria , standard operating procedure and action ( s ) to be taken by the Exchange in the event of likelihood of a member defaulting in fulfilling his /its obligations , shall be in accordance with circulars issued by SEBI / the Exchange from time to time .
( 2 ) In accordance with the circular ( s ) issued by SEBI / the Exchange and pursuant to instruc- tion issued by the Exchange , the bank account ( s ) of a member shall be frozen for all debits / with- drawal in the event of likelihood of a default by such member .
Any person interested in offering any comments on the proposed Bye - laws may send the representation within a period of 10 days from the date of notification , at the following address . For BSE Limited
SHAILESH JAIN , Additional General Manager .
PRAJAKTA POWLE , Company Secretary & Compliance Officer .
Mumbai ,
Date : 28th July 2021 .
Corporate Identification No. ( CIN) : L67120MH2005PLC155188
Registered Office :
BSE Limited , 25th Floor , P. J. Towers , Dalal Street , Fort , Mumbai - 400 001 . भाग दोन ( संकीर्ण ) -१ अ ४
महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
बीएसई लिमिटेड
बीएसई लिमिटेड चे उपविधी
अ. ज्याअर्थी सिक्युरिटीज अँड एक्सचेंज बोर्ड ऑफ इंडिया ( "सेबी" ) द्वारे अनुक्रमे "ट्रेडिंग सदस्य । क्लिअरिंग सदस्य द्वारे ट्रेडिंगने ग्राहकांच्या सिक्युरिटीजचे व्यवस्थापन" आणि "डिपॉझिटरी सिस्टममध्ये तारण / पुर्नः तारण द्वारा मार्जिन दायित्वे" विषयी जारी केलेल्या दिनांक 20 जून, 2019 आणि 25 फेब्रुवारी , 2020 च्या परिपत्रकांच्या अनुषंगाने , सिक्युरिटीज संविदा (नियमन) अधिनियम, 1956 च्या बाबतीत जनतेच्या टिप्पण्या मागवून खालीलप्रमाणे बीएसई लिमिटेड ("बीएसई ) च्या उपविधीमध्ये सुधारणा करण्याचे प्रस्तावित आहे.
1) प्रकरण बारावे उपविधी 6 मार्जिन कोणत्याही ट्रेडिंग सदस्याला अशा घटकांद्वारे केलेल्या व्यवसायाच्या संदर्भात सदर उपविधी , नियम आणि नियमावली अंतर्गत त्याने प्रदान करावयाच्या मार्जिन डिपॉझिट त्याच्या घटकाकडून मागणी करण्याचा अधिकार असेल. कोणत्याही ट्रेडिंग मेंबरला आदेशाची अंमलबजावणी करण्यापूर्वी त्याच्या घटकांकडून रोख आणि / किंवा सिक्युरिटीज मध्ये प्रारंभिक मार्जिनची मागणी करण्याचा आणि / किंवा निश्चित करणे अधिकार आहे की घटकाने मार्जिन डिपॉझिट करावे किंवा ट्रेडिंग सदस्याला आवश्यक असेल त्याप्रमाणे जास्तीचे मार्जिन द्यावे . जेव्हा घटकांनी वेळोवेळी असे करण्यास सांगितले असेल तेव्हा लगेचच मार्जिन डिपॉझिट प्रदान करावे आणि/किंवा तो आणि संबंधित ट्रेडिंग मेंबर यांनी आणि/किंवा यांच्या दरम्यान मान्य केल्याप्रमाणे त्याच्या करीता केलेल्या व्यवसायाच्या बाबतीत या उपविधी, नियम, नियमावली अंतर्गत आवश्यक असेल त्याप्रमाणे आवश्यक मार्जिन जमा करावे .
एक्सचेंजचा सदस्य सेबी आणि / किंवा एक्सचेंज द्वारा वेळोवेळी विहित केलेल्या मार्गाने क्लायंटने ठेवलेल्या सिक्युरिटीजची संपत्ती हाताळेल.
2) प्रकरण बारावे उपविधी 8 (बी) घटकाचे खाते बंद करणे जेव्हा घटकाचे खाते बंद करताना, ट्रेडिंग मेंबर अशा व्यवहाराला बाजारपेठेच्या स्थितीनुसार वाजवी आणि न्याय्य असलेल्या किंमतीने प्रिन्सीपल त्याच्यास्वतः च्या खात्यात स्वीकारू किंवा घेऊ शकलो किंवा तो संबंधित प्राधिकरणाने निर्दिष्ट केलेल्या पद्‌धतीने बंद करू शकतो आणि त्या‌द्वारे होणारा कोणताही खर्च किंवा त्यातून होणारी कोणताही तोटा घटका‌द्वारे सहन करावा. असे बंद करण्याबाबत संविदा टिप्पणी जरी ट्रेडिंग मेंबर प्रिन्सिपल म्हणून किंवा इतर घटकाच्यामुळे कार्य करीत असेल किंवा नसेल तरी जाहिर करेल.
कोणताही ट्रेडिंग मेंबर केवळ सेबी किंवा एक्सचेंज‌द्वारे वेळोवेळी निर्दिष्ट केलेल्या पद्धतीनेच त्याच्या घटकाचे देवघेव/ व्यवहार बंद करेल.
ब) ज्याअर्थी सिक्युरिटीज अॅड एक्सचेंज बोर्ड ऑफ इंडिया ( "सेबी " ) द्वारे "डीफॉल्ट होणाऱ्या ट्रेडिंग मेंबर / क्लीयरिंग मेंबरच्या बाबतीत मानक प्रचालक प्रक्रिया " विषयी जारी केलेल्या दिनांक 1 जुलै 2020 च्या परिपत्रकांच्या अनुषंगाने, सिक्युरिटीज संविदा (नियमन) अधिनियम , 1956 च्या बाबतीत जनतेच्याटिप्पण्या मागवून खालीलप्रमाणे बीएसई लिमिटेड ( " बीएसई ) च्या उपविधीमध्ये सुधारणा करण्याचे प्रस्तावित आहे .
(1) प्रकरण चौदावे डीफॉल्ट उपविधी 33 (33 ) एखाद्या सदस्या‌द्वारे संभाव्य डीफॉल्ट (1 ) एखाद्या सदस्याने आपली जबाबदारी / कर्तव्ये पार पाडताना डिफॉल्टची शक्यता असल्यास एक्सचेंजने करावयाचे निकष, प्रमाणित कार्यप्रणाली व कार्यवाही (कार्यवाह्या) त्या वेळोवेळी सेबी / एक्सचेंजद्‌द्वारे जारी केलेल्या परिपत्रकांनुसार असतील.
५ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
(2) सेबी/ एक्सचेंजने जारी केलेल्या परिपत्रकाच्या नुसार आणि एक्सचेंजने दिलेल्या सूचनांच्या अनुषंगाने एखाद्या सदस्याचे बँक खातं (खाते) अशा सदस्याने डीफॉल्ट केले अशी शक्यता असल्यास सर्व डेबिट / पैसे काढणे करीता गोठवले जाईल.
प्रस्तावित उपविधीवर कोणत्याही टिप्पण्या देण्यास इच्छुक असलेली कोणतीही व्यक्ती खालील पत्त्यावर सूचनेच्या तारखेपासून 10 दिवसांच्या आत निवेदन पाठवू शकते.
बीएसई लिमिटेड करीता
शैलेश जैन ,
प्राजक्ता पोवळे,
अतिरिक्त महाव्यवस्थापक.
कंपनी सचिव व अनुपालन अधिकारी.
मुंबई,
दिनांक २८ जुलै २०२१ .
कॉर्पोरेट ओळख क्रमांक ( सीआयएन) L67120MH2005PLC155188 .
नोंदणीकृत कार्यालय : बीएसई लिमिटेड, २५ वा मजला , पी.जे. टॉवर्स , दलाल स्ट्रीट, फोर्ट, मुंबई ४०० ००१ .
६
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९-२५, २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
Serial No. M - 2133
PUBLIC NOTICE
Notice is hereby given that the share certificates No ( s ) M201417837 for 325 shares bearing distinctive No ( s ) 1957350997-1957351321 , Folio No. C2L0000906 , standing in the name ( s ) of LOVKESH BAJAJ in the books ofM/ s . TATA CONSULTANCY SERVICES LTD . , have been lost and the applicant have applied to the Company for issue of duplicate share certificate( s ) in lieu thereof, "Any person ( s) who have claim(s ) on the said shares should lodge such claim(s) with the Company's registered office at 9th Floor, Nirmal Building , Nariman Point , Mumbai , Maharashtra 400 021 within 15 days from the date of this notice failing which the Company will proceed to issue duplicate share certificate (s) in respect of the said shares .
Gurgaon,
Date : 16th August 2021 .
LOVKESH BAJAJ , Name( s) of Applicant(s) .
७ महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
सार्वजनिक न्यास नोंदणी कार्यालय , धुळे विभाग, धुळे
चौकशीची नोटीस
क्र.जे -२ / १५०६ / २०२१
[सार्वजनिक विश्वस्त व्यवस्था अधिनियम , १ ९ ५० यांचे कलम ५० ( अ) २ ]
योजना अर्ज क्रं . २३३/२१
सार्वजनिक विश्वस्तव्यवस्था: - स्पर्श फांऊडेशन जळगांव व श्री जोगेश्वरी एज्युकेशन सोसायटी नवलनगर , जि . धुळे .
नोंदणी क्रमांक एफ -१३० ९ ८ / जळगांव ., ई/ ८०६/ धुळे
सौ. सुरेखा रामकृष्ण पाटील व इतर .... अर्जदार
सर्व संबंधित लोकांस या जाहीर नोटीसीने कळविण्यात येते की,
सहायक धर्मादाय आयुक्त धुळे विभाग , धुळे हे वर नमुद केलेल्या योजना अर्जसंबंधी महाराष्ट्र सार्वजनिक विश्वस्त व्यवस्था अधिनियम, १ ९ ५० चे कलम ५० अ ( २ ) अन्वये अर्जदाराने स्पर्श फांऊडेशन जळगांव व श्री. जोगेश्वरी एज्युकेशन सोसायटी नवलनगर, जि. धुळे या न्यासाच्या विलीनीकरणाबाबत/एकत्रिकरणबाबत योजना प्रस्ताव कलम ५० (अ) २ अन्वये दाखल करण्यात आलेला आहे . सदर योजनेतील मुद्यावर चौकशी करणार आहेत .
(अ) जंगम मिळकत - ( वर्णन) परिशिष्ट एक प्रमाणे
(ब) स्थावर मिळकत - ( वर्णन) परिशिष्ट एक प्रमाणे
सदरच्या योजना प्रकरणामध्ये कोणास काही हरकत घ्यावयाची असेल अगर पुरावा देणेचा असेल त्यांनी त्यांची लेखी कैफियत ही नोटीस प्रसिद्ध झाल्या तारखेपासून तीस दिवसांचे आत या कार्यालयाचे वरील मुदतीत कैफियत न आल्यास कोणास काही सांगावयाचे नाही असे समजून चौकशी पूर्ण केली जाईल व योजना अर्जाचे निकालाबाबत योग्य ते आदेश दिले जातील .
ही नोटीस माझे सहीनिशी व मी सहायक धर्मादाय आयुक्त, याचे शिक्क्यानिशी आज दिनांक १५ जुलै २०२१ रोजी दिली .
डि. एस. चौरंगे ,
अधीक्षक, न्याय शाखा,
सार्वजनिक न्यास नोंदणी कार्यालय,
धुळे विभाग, धुळे .
८
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
THE OFFICE OF RECOVERY OFFICER
In the matter of Term Loan availed by M/ s . Kalavati Gas Distributors & others , of Rs.20 lakhs and Rs . 125 lakhs in utter failure and neglect in timely repayment thereof and Recovery proceeding in R.C. Case No. 1865/16 & 1865( 1)/ 16 u/s 156 of the Maharashtra Co - operative Societies Act , 1960 and Rule 107 of Maharashtra Co - operative Societies Rules , 1961 a Arrears of Land Revenue of the Government of Maharashtra .
R. C. Holder Bank The Bassein Catholic Co - operative Bank Ltd. (Scheduled Bank )
1. M/ s . Kalavati Gas Distributors
Prop . Sanjeev Patil , Shop No.12 , Shramdeep Bolinj , Virar ( West)
Pin- 401 303 .
2. Shri Ramchandra Bhaskar Patil
Judgement Debtors Bhongale , Ranepatri , Virar ( West) , Pin- 401 301 .
3. Shri Bhalchandra K. Pandit
Nivant , Vatar , Virar ( West) , Pin- 401 301
4. Shri Ballaram Savant Bishnoi Kharodi Naka , Virar ( West) , Pin- 401 303 .
PROCLAMATION OF SALE
Ref. BCCB/ HO/ REC /KGD/SR/120/ 2021 .- Whereas the right , title and interest of the under mentioned immovable properties belongs to Judgement Debtors viz . M/ s . Kalawati Gas Distributor , Prop . Mr. Sanjeev Patil and Guarantors , stands attached in terms of Execution process dated 16th June 2017 , Subsequently vide Warrant of Attachment dated 16th June 2017 , possession of the below mentioned immovable properties was taken on 15th June 2017 and accordingly form " Z" was pasted on conspicuous part and was published on 18th July 2017 in two newspapers .
Property Details :
1. Land bearing old Survey No. 208 , New Survey No. 122 , Hissa No. 7 , situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala, Off, Vasai to Satpla Road , Virar ( West) , Village - Vatar , Tal . Vasai , Dist - Palghar alongwith House and Borewell in the said land, area of land admeasuring 2590 sq.mt.
2. Land bearing old Survey No. 208 , New Survey No. 122 , Hissa No.4 , situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala, Off , Vasai to Satpla Road , Virar ( West) , Village - Vatar , Tal . Vasai , Dist - Palghar , area of land admeasuring , 1160 sq.mt. WHEREAS , the aforesaid immovable property i.e. Land bearing old Survey No. 208 , New Survey No. 122 , Hissa No. 7 , situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala, Off, Vasai to Satpla Road , Virar ( West ) , Village- Vatar , Tal . Vasai , Dist -Palghar along with House and Borewell in the said land , area of land admeasuring 2590 sq.mt. and Land bearing old Survey No.208 , New Survey No. 122 , Hissa No.4 , situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala , Off, Vasai to Satpla Road , Virar ( West ) , Village Vatar , Tal . Vasai , Dist -Palghar , area of land admeasuring , 1160 sq.mt. , respectively which stands in the name of the Judgment Debtors of M/ s . Kalawati Gas Distributors and guarantors hence the said property are put for auction .
९ महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
WHEREAS , even though affording ample opportunities to the concerned Judgment Debtors , they have shown neglected to discharge the decretal claims :
NOW THEREFORE , The Sale of the said - properties are hereby notified in exercise of powers conferred upon this Recovery , Authority u/ s 156 ibid & Rule 107 ibid.
SALE NOTIFICATION
1. Inspection of the under mentioned property shall be facilitated on 12th August 2021 between 11 to 1-00 p.m. Quotation/Tender/Bids should be addressed to The Recovery Officer attached to the Bassein Catholic Co - operative Bank Ltd. , on or before 11th August 2021 till 4-00 p.m at Bassein Catholic Co - op Bank Ltd. , Recovery Dept. , First Floor , Shreeji Arcade , Besides Tandul Bazar , Bhabola Bangli Road , Vasai ( West) , Tal . Vasai , Dist . Palghar . The terms and conditions of sale including prescribed form for bidding can be obtained from the authority on payment of Rs . 200 only .
Property Details :
1. Land bearing old Suvrey No. 208 , New Suvrey No. 122 , Hissa No. 7, situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala , Off, Vasai to Satpla Road , Virar (West ) , Village- Vatar, Tal . Vasai , Dist . - Palghar along with House and Borewell in the said land, area of land admeasuring 2590 sq.mt.
2. Land bearing old Survey No. 208 , New Sunrey No. 122 , Hissa No. 4 , situated at Vatar Jeladi Gram Panchayat , on Vatar to Seaside , Satpala, Off , Vasai to Satpla Road , Virar ( West ) , Village - Vatar, Tal . Vasai , Dist . Palghar , area of land admeasuring , 1160 sq.mt. Such bids shall be opened on 12th August 2021 at 11-00 a.m. in the presence of the Bank Official & bidder at Registered Office of Decree Holder Bank at Catholic Bank Ltd. , Recovery Dept. , First Floor , Shreeji Arcade , Besides Tandul Bazar , Bhabola Bangli Road , Vasai ( West ) , Tal . Vasai , Dist . Palghar . The successful bidder shall deposit the 15 % of upset price and remaining amount within fifteen Days from the date of acceptance of the offer , failing which EMD amount deposited is liable to be forfeited . The Decree Holder Bank vis - a - vis Recovery officer , reserves the right to reject all or any tender without assigning any reason whatsoever .
1. The successful bidder shall be required to make remaining balance of the finalized bid amount excluding EMD amount Within 15 days from the date of Auction .
2. In case , the successful bidder fails to pay remaining 85 % of the bid amount as mentioned in the Clause 3 above , the EMD amount deposited will stand forfeited .
3. All charges , levies , taxes dues/ or any other liability/ ongoing accrued against the property shall be borne by the successful bidder . Present accrued liabilities on the property are not known and if any , it will be borne by the successful bidder .
4. Offer/Bid amount lesser than reserve price will not be accepted.
5. Successful bidder should carry out due diligence prior to purchase of the property and neither the Decree Holder Bank nor the Recovery Officer in anyway shall be responsible for any dispute arising there from . Successful Bidder will have to deal it in his /her/their own cost and consequences .
6. All concerned Judgment Debtors of M/ s . Kalawati Gas Distributor & others are hereby informed to be present on the auction date i.e 12th August 2021 at 11-00 a.m. at above mentioned address .
7. Disputes , if any shall be within the jurisdiction of vasai Court only .
भाग दोन ( संकीर्ण ) -२ १०
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
The stipulation hereinabove laid down shall be binding and abided by without allowance whatsoever except with the concurrence of the Decree Holder Bank vis - a - vis Recovery officer which need be noted .
Given under hand & seal of this office at Vasai this 9th August 2021 .
SUHAS RANJANE ( Recovery Officer) , Vasai .
Co - operative Department , Govt . of Maharashtra , Attached with Bassein Catholic Co - operative Bank Ltd. , (U/ s . 156 of MCS Act , 1960 & rule 107 of MCS rule , 1961. ) .
११ महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
MUMBAI PORT TRUST
TRAFFIC DEPARTMENT AUCTION SALE BRANCH
Notice of Sale
TM/ SW/4-1/X/ 2116
The undermentioned goods lying uncleared for over two months from the date of landing will be sold by e - Tender cum e - Auction Sale on 06/09/2021 or on any other subsequent date in conformity with the Provisions of Section 61 & 62 of Major Port Trusts Act 1963 , if the goods are not cleared within ten days from the date of this Notice .
Page No .: 1 No. and kind of Pkgs . , Contents and to whom consigned
3MOD ( AG / 01337 )
Lying at :
790 PKG =166850 PCS
AUDIO VIDEO CABLES , BRAND : DRAGON .
Con .: SHRI BALAJI IMPEX
MARITIME SERVICES PVT . LTD .
SAI - DUTTA CLEARING AGENCY PVT LTD .
Lying at : NSWH WINC MJWH ( AH/ 01139 )
1 PKG
DEFECTIVE CARBON STEEL SEAMLESS PIPES
Con .: KHUSHI ALLOY PVT.LTD
ACE SHIPPING & OFFSHORE CO.P.L
FREIGHT CONNECTION IND.PVT.LT
3MOD ( AP / 00041 )
Lying at :
601 CTNS
TT FLOWER POLISHING WHEELS , ADHESIVE HOOKS , T SHIRTS WITH ASSORTED PRINTS , LADIES SHOULDER BAGS , SPORTS SHOES ( SKECHERS ) , SPORTS SHOES ( CONVERGE ) , DESIGNER SHOES ( BOTTEGA VENETA ) , LADIES SCARVES , DECORATIVE PLASTIC CHAIN , FASHION BANGLES , ASSORTED EARRINGS , ASSORTED NECKLESS , ASSORTED RING BRACKETS , PACKING MATERIAL , DECORATIVE FASHION BEADS , DECORATIVE METAL SEQUINS , DECORATIVE BEADS CHAINS ( ONE IN GOLDEN SHADE & ONE IN SILVER SHED ) , LACES , LADIES METAL BRACELETS , ASSORTED NECKLESS + EARRINGS SET , AUTOMOBILE STOP WELDER MACHINE .
Con .: THEIST GIFTS CONSULTANCY
SHAHI SHIPPING LTD .
HMM SHIPPING INDIA PRIVATE LIMITED
AMC LOGISTICS ( INDIA ) PVT . LTD .
1MOD ( AQ/ 00043 )
Lying at :
1 PLT
ITEMS /ACCESSORIES OF THE CAR/ VEHICLE , VIZ . ROOF RACK , MAC WHEEL , FRONT DUMPER , ROLL BAR AND ITS FITTINGS ACCESSORIES .
Con .: MAD MECHANICS
TOTAL TRANSPORT SYSTEMS LTD .
Total Lots : 4
TRAFFIC MANAGER .
१२
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
BAR COUNCIL OF MAHARASHTRA & GOA
Ref : BC /Gen/Admn/ 6378 / 2021 . At the meeting of the Bar Council of Maharashtra & Goa held on 14th August , 2021 HON'BLE SHRI . GAJANAN B. CHAVAN , LL.B , Advocate , practicing at Thane District is unanimously elected as the CHAIRMAN of the Bar Council of Maharashtra & Goa .
HON'BLE SHRI . SANGRAM D. DESAI , LL.B. Advocate , practicing at Sindhudurg District is unanimously elected as the VICE- CHAIRMAN of the Bar Council of Maharashtra & Goa .
PRAVIN Y. RANPISE ,
Secretary , Bar Council of Maharashtra & Goa .
१३ महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती, गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
BAR COUNCIL OF MAHARASHTRA AND GOA
Itishereby notified for general information that the Bar Council of Maharashtra & Goa in exercise of the powers under the provisions of Sections 15 and 28 under the Advocates Act 1961 has framed the General Administration Rules 2007 which have been approved by Bar Council of India U/s 15 (3 ) Under its resolution passed in its meeting dated : -05.12.2015 , vide Resolution No. 289/2015.
BAR COUNCIL OF MAHARASHTRA AND GOA ( GENERAL ADMINISTRATION ) RULES 2007
In exercise of the powers vested in Bar Council of Maharashtra and Goa under the provisions of Sections 15 and 28 and under analogous provisions of the Advocates Act 1961 , and in view of the difficulties experienced so far, the Bar Council of Maharashtra and Goa frames the Rules as follows:
CHAPTER - 1
General
1. Title: These rules shall be called " The Bar Council of Maharashtra and Goa ( General Administration) Rules 2007" .
2. These Rules shall come into force on the date when those are approved by the Bar Council of India .
3. Definitions: ( a ) In these rules , unless the context otherwise requires definitions of (i ) Advocate , (ii ) BarCouncil of India (iii ) High Court (iv ) Law Graduate ( v) Roll and ( vi ) State Roll as given in the Advocates Act of 1961 and of ( vii ) Act ( viii ) casual vacancy and (x ) clear days , as given in Bar Council of India Rules 1975 shall apply to these rules
भाग दोन (संकीर्ण) -३ १४
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
(b) In these Rules , unless context otherwise requires :
(i ) "Advocate General " means the Advocate General of State of Maharashtra and of State of Goa;
(ii ) " Bar Council " means The Bar Council of Maharashtra & Goa constituted under provisions of Section 3( i ) ( ccc) of the Act .
( iii ) "Chairman " means the Chairman of Bar Council of Maharashtra & Goa ;
( iv) "Member of Bar Council " means member elected to or co- opted by The Bar Council of Maharashtra & Goa ;
(v) " Rules " means The Bar Council of Maharashtra & Goa ( General Administration ) Rules 2007 ;
(vi ) " Secretary" means the Secretary appointed under Section 11 ( i ) of the Act by The Bar Council ofMaharashtra & Goa;
(vii ) "Vice- Chairman " means the Vice- Chairman of Bar Council of Maharashtra & Goa ;
CHAPTER -2
COMMON SEAL
4. TheCommon Seal of the Bar Council of Maharashtra and Goa shall be as depicted follows:
5. This Common Seal shall be used by impressing rubber stamp or hollow metal impression on all documents , registers etc. of the Bar Council .
CHAPTER - 3
SUMMONING AND HOLDING OF MEETING OF BAR COUNCIL
Rules under Section 15( 2) ( h)
6. Notice of every Meeting of the Council will ordinarily be sent by the Secretary not less than ten days before the date of the meeting , except when the Chairman or any three members require a meetingto be called on short notice on the ground of urgency. No proceedings of any meeting of the Council will beinvalidated merely on the ground that the Rule requiring notice is not strictly complied with .
7 Notice of the meeting shall specify the time and place of the meeting and shall contain the agenda fixed forthe meeting .
8. A meeting of the Council shall be called by the Chairman and in his absence the Vice- Chairman as and whenin his discretion a meeting should be so called .
9. The Secretary shall call a meeting of the Council at such time and place as the Chairman and in his absence the Vice - Chairman should direct .
10. If a requisition is made in that behalf by at least ten members of the Council or a resolution is passed by the Executive Committee calling for a meeting , meeting of the Council shall be called within fortnight from receipt of such requisition or resolution .
11. The Minutes of the previous meeting shall ordinarily be read and confirmed at the subsequent meeting .
12. Eleven members shall form a Quorum for a meeting of the Bar Council and no quorum shall be necessary at any adjourned meeting.
१५ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
13. The Chairman in his discretion , if urgent action by the Council becomes necessary , permit the business of the Council to be transacted by circulation of the papers to the members , provided that the action proposed to be taken shall not be taken unless agreed to by not less than nine members . Any action so taken shall forthwith be intimated to all the Members of the Council and relevant papers shall be placed before the next meeting of the Council for confirmation .
14. The meeting of the Council may adjourn from day to day or to any particular day without further notice .
15. Save as otherwise provided in these rules, the decision on any matter shall be by majority and in case of equality of votes , the Chairman of the meeting shall have a casting vote .
16. No matter once decided shall be reconsidered for a period of three months unless the Council by a two- thirds majority of the members so permit .
17. No business shall be transacted at any meeting unless a quorum of Members is present at the time whenthe meeting proceeds to business .
18. The Chairman may with the consent of any meeting at which a Quorum is present and shall , if so directed by the meeting , adjourn the meeting from time to time and from place to place .
19. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
20. When a meeting is adjourned for fifteen days or more , notice of the adjournment meeting shall be given as in the case of an original meeting .
21. Save as aforesaid , it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting .
22. At all meetings of the Council the Chairman and in his absence the Vice -Chairman shall preside .
CHAPTER - 4
Election of Chairman and Vice- Chairman
23. The Council shall at its first meeting or so soon thereafter as possible elect the Chairman and the Vice- Chairman .
24. The names of the candidates for the office of the Chairman may be proposed and seconded at the meeting in which they are to be elected.
25 The Council shall appoint a Member, other than a candidate for the election , to preside and conduct the election and declare the result under his signature .
a) If there are more than two candidates , the Chairman shall be electedby majority.
b) In case of equality of votes , the Chairman shall be elected by drawing lots .
c) In the event of there being more than two candidates for the Election of the Chairman , the name of the candidates receiving the least number of votes shall be eliminated after the votes have been first recorded and thereafter the votes shall be taken for the remaining candidates and the same procedure shall be followed until the candidates receiving the majority of votes is elected Chairman .
26. After the Chairman is so elected he shall preside over the meeting and conduct the election of the Vice- Chairman.
भाग दोन ( संकीर्ण ) -३अ १६
महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
27. The rules hereinbefore for the election of the Chairman shall apply to the election of the Vice- Chairman save and except that the meeting at which the election is to take place shall be presided over by the Chairman if he has been previously elected and is present.
28. Any member of the Council may contest the validity of the Election of the Chairman or the Vice- Chairman by a letter stating the grounds on which the validity of the election is conducted , signed and delivered to the Secretary within twenty four hours of the election.
29. The Council shall appoint a Tribunal consisting of three members other than members of the Council who are advocates of not less than twenty- five years standing at the Bar to hold such enquiry in such manner as they deem fit . The decision of the Tribunal shall be final .
30. The Chairman or the Vice -Chairman elected at the meeting whose election is in question shall nevertheless continue to function unless and until his election is declared to be invalid .
31. If the Tribunal decides that the Chairman or the Vice- Chairman , as the case may be , has not been validly elected , the Council shall at the next meeting elect the Chairman or the Vice-Chairman as the casemaybe .
32. If the election is set aside, a fresh election shall be held in the manner hereinbefore prescribed . The above rule shall apply mutatis mutandis to a bye - election .
33. The Chairman and Vice -Chairman shall hold office for such period as the Council may at the time of the election provide or until he cases to be a member whichever is earlier .
CHAPTER - 5
( A) POWERS AND DUTIES OF THE CHAIRMAN
34. Save as otherwise provided in these rules and subject to the Resolutions of the Council and/or the Executive Committee , the Chairman shall exercise general control and supervision over the affairs of the Council .
35. He shall preside over the deliberations of the Council and of all committees , of which he is a member .
36. He shall cause the meetings of the Council or the Committees other than a Disciplinary Committee to be convened at such time and place as he may fix . He shall also settle the items for agenda of the meetings of the Council .
37. He shall have power to punish any employee of the Council except Secretary by way of censure or reprimand and may initiate proceedings for suspension , removal or dismissal of any employee of the Council .
38. He shall be the authority to sanction the disbursement of salaries of the staff and to order payment of all bills outstanding against the Council .
39. The Chairman shall have authority to sanction expenditure of not more than Rs.10,000/- ( Rupees Ten Thousand only) each month without the previous sanction of the Council or of the Executive Committee . Such expenditure shall , however, be placed before the Executive Committee and the Council for information and confirmation .
१७ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
40. The Chairman shall have authority for and on behalf of the Council to make , sign and execute agreements and contracts and to renew, vary and discharge all such agreements and contracts and to do all acts , deeds and things necessary for or incidental thereto.
( a) The Chairman of the Council may for exercising his power to control supervise or superintend the day to day administration of the Council , pass standing orders which will be binding on all staff and employees of the Council .
(b) The standing orders shall be serially numbered in chronologically order and noted or pasted in a book which will be specially maintained for that purpose and pages of which will be serially numbered and will be bearing seal of the Council .
B) Powers and duties of Vice Chairman .
41. The Vice-Chairman shall exercise all the powers and duties and discharge all the functions of the Chairman in his absence or under his direction .
Chapter- 6
Filling of Casual Vacancy of Bar Council
42. ( 1 ) Any casual vacancy among the elected members of the council shall be filled by remaining names members of the council by co- option from amongst the Advocates on the roll and whose appeared in voters ' list approved for preceding election of the members of the Bar Council .
(2) Member co- opted by the Council shall remain in office only for the unexpired period of the term of the Member whose vacancy he fills in .
(3) Name of the co - opted Member shall be caused to be published in Maharashtra Government Gazette by the Secretary within a fortnight from passing resolution of co -option .
(4) Member co - opted shall be deemed to be member of the Committee of which Member of whose vacancy he fills in was member .
CHAPTER - 7
Constitution , Functions and Procedure of Committees other than Disciplinary Committees 43. 1 ) The Council shall at the first meeting or so soon thereafter as possible appoint from amongst its members of: -
a) An Executive Committee as provided under Section 10 ( I ) ( a) of Act ,
b) An Enrolment Committee as provided by Section 10( I ) ( b) of Act , c) Finance & Accounts Committee . , d) Bills Committee . , e) Rules Committee . , f) Advocates Aid Fund Committee . , g ) Disciplinary Committees , h ) Committee to administer the Employees Provident Fund and Staff Welfare Fund , i )Trustee Committee to administer Maharashtra Advocates Welfare Fund , as per Section 4( 3 ) ( d ) of the Maharashtra Advocates Welfare Fund Act, 1981 , j ) Privilege Committee , k) Committee for Inspection of Law Colleges and Universities . , i ) Bar Council of India Advocates Welfare Fund Committee constituted to manage the fund under Rule 40 of the Bar Council of India Rules1975 .
१८
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
2) In the meeting of Bar Council candidates for the election to the Executive Committee shall be proposed and seconded and in the case of contest the election shall be by secret ballot , and in case of equality of votes , the election shall be decided by the drawing lots .
3) The Council shall have a Finance and Accounts Committee consisting of not more than five members and not less than three members of the Council , who shall hold office for a term of one year from the date of its election .
4) In Meeting of Bar Council , names of Candidates for the election as members of Enrolment Committee shall be proposed and seconded and in case of contest , the election shall be by a show ofhands and in case of equality of votes , the election shall be decided by drawing lots.
44. The term of office of the members of all the Committees from the date of the election shall be determined by the Council provided that in case of Committees constituted under the provisions of the Actand of Bar Council of India Rules , such tenure shall not be less than one year .
45. The Council may appoint from amongst its members such other Committees as it may deem necessary and delegate to such Committees such powers , duties and functions as it deems fit , provided that the Council shall not delegate any of its functions which under the Act are required to be exercised by itself .
46. The Council or the Chairman of the Council may refer any matter relating to its work to any Committee appointed for report to be placed before the Council at its meeting.
47. A minute book of the proceedings of each Committee excluding Disciplinary Committee shall be separately maintained by the Secretary .
48. The Chairman and the Vice- Chairman of Bar Council shall be members whether named or not of every Committee other than ( a ) the Disciplinary Committee , ( b) the Enrolment Committee and ( c) The Executive Committee .
49. Every Committee other than the Disciplinary Committee may refer to the Council for its advice and directions all questions of doubt , difficulty and importance.
50. Minutes of all Committees constituted under the provisions of the Advocates Act 1961 or other sub committees constituted by the Bar Council shall be placed before the Bar Council by the Secretary as soon as possible and as a priority item on the Agenda .
51. The Members constituting the said Committees shall in their first meeting elect a Chairman of the Committee and Secretary shall convene a meeting of committee in consultation with the Chairman elected.
52. One third of Members of each such committee shall form quorum of the meeting and in any case minimum two members shall be quorum .
53. Notice of every meeting of the Committee shall ordinarily be sent by the Secretary not less than three days before the date of the meeting , except when the Chairman or any two members require a meeting to be called on short notice on ground of urgency.
54. Notice of the meeting shall specify the time and place of the Meeting and shall contain the agenda fixed for the meeting .
१९ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
55. The minutes of the previous meeting shall ordinarily be read and confirmed at the subsequent meeting ofevery committee .
56. Save as otherwise provided in these rules , the decision on any matter shall be by majority and in case ofequality of votes , the Chairman of the meeting shall have a casting vote .
57. No business shall be transacted at any meeting unless a quorum of members is present at the time whenthe meeting proceeds to business .
58. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place .
CHAPTER - 8
Powers and Duties of Executive Committee
59. For meeting of the Executive Committee minimum three members present shall form quorum and when any meeting is adjourned for want of quorum , the same may be held at the place stipulated and after half hour of stipulated time and for such adjourned meeting quorum of two members will be sufficient.
60. The affairs of the Council shall , subject to the general control of the Council and its rules , be managed by the Executive Committee.
61. A casual vacancy in the committee shallbe filled up by election in the meeting of Bar Council .
62. The executive Committee at its first meeting shall elect its own Chairman out of the members of the executive Committee , The chairman shall preside and conduct the business of the executive Committee . In the absence of the Chairman , the Committee shall elect Chairman for the meeting.
63. The committee shall be responsible to the general body of the council and shall abide by such directions or resolution passed by the general body.
64. It shall have power :-
(i ) to prepare for and supervise the election of members of the council ;
( ii ) to manage the funds of the council ;
( iii ) to invest the funds of the Council in accordance with the directions from the Council from time to time.
( iv) to grant leave other than casual leave to members of the staff;
(v) to appoint and supervise the work of the members of the staff and prescribe their conditions of service;
(vi ) to prescribe forms of books of accounts , registers and files for the proper management of the affairs of the Council ;
(vii ) to consider annual audit report and place it before the Council with its comments for its consideration ;
(viii ) to maintain a library and under the directions of the Council , to publish any journal , treatise or pamphlets on legal subject ;
(ix) to prepare and place before the Council the annual administration report and the statement of accounts;
२०
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
(x) to provide for proper annual inspection of the office and its registers by Members of the Bar Council;
(xi) to authorize the Secretary to incur expenditure within the prescribed limits ;
(xii ) to fix rate or amount of traveling , daily and other allowances to be paid to members of the Council and to members of the staff ; when they attend meetings of Council or of Committees .
(xiii ) to appoint , promote , punish and discharge or dismiss any employee of the Council , except the Secretary and the Accountant against whom such action shall be taken only by the Council ;
(xiv) to do all other things necessary for discharging the aforesaid functions;
65. 1) The Executive Committee shall exercise full control over all the employees of the Council and shall determine all questions relatingto their eligibilityfor increment , promotion , gratuity, Provident Fund , Pensions , all kinds of leaves except casual leave and all other questions relating to their employment as prescribed under the Rules prescribed by the Council in that behalf.
2) The Chairman or the Secretary shall however, have the power to grant casual leave to the employees of the Council to which they may be entitled under the rules made by the Council in that behalf.
66. Notwithstanding anything contained in this rules , the Executive Committee shall have the power to suspend for any reasonable cause the Secretary until the Council takes decision in regard to the matters for which he has been suspended.
67. Besides the routine expenses the Executive Committee shall have authority to spend up to Rs.50,000/- ( Rupees Fifty Thousand only) in urgent cases without the prior sanction of the Council , butthe expenses so incurred shall be brought to the notice at the next meeting of the Council .
68. In case of any other Committee appointed by the Council , except a Disciplinary Committee and an Enrolment Committee , ceases to function on account of any reason whatsoever , the Executive Committee shall perform all functions and exercise all powers of such defund Committee until a new Committee is substituted by the Council in a manner as prescribed under the Act or these rules .
69. The Executive Committee may appoint from amongst its members such other Sub -Committees as it may think fit.
70. The Executive Committee shall upon receipt from the Finance Committee , present to the Council the budget of the income and expenditure of the Council for the next financial year before the close of outstanding financial year .
71. The Executive Committee may present to the Council supplementary demands for grant at any time during the course of financial year .
72. The Executive Committee shall meet at least once a month , unless its Chairman in his discretion otherwise directs .
73. The Chairman shall call an extra ordinary meeting of the committee within forty - eight hours of the receipt of a written requisition for such meeting by any two members of the committee . Such written requisition shall contain the business proposed to be transacted at such meeting and shall state the grounds of urgency for such meeting . No other business shall be transacted at such meeting except the business notified to the members for such meeting .
२१ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
CHAPTER -9
FINANCE & ACCOUNTS COMMITTEE
74. The Council shall have a Finance and Accounts Committee consisting of not more than five members and not less than three members of the Council , who shall hold office for a term of one year from the date of its election .
75. For meeting of the Finance Committee , minimum three members present shall form quorum and when any meeting is adjourned for want of quorum, the same may be held at the place stipulated and after half an hour of stipulated time and for such adjourned meeting quorum of Two members will be sufficient.
76. The Finance and Accounts Committee shall have the following duties and powers : -
a . to prepare every year the budget estimates of the receipts and expenditure for the approval of the Council;
b . to check the accounts of the Council periodically and to prepare the annual statement of accounts and balance sheet in consultation with the auditors of the council .
c. to report on any matter of the accounts and expenditure referred to it by Council or the Chairman;
d . when so required by any of the Committee of the Council , to examine report on and recommend in whole or part any grant or item of expenditure for sanction of the Council ; and
e. to make recommendations for the management and investments of the funds of the Council and report on the same to the Executive Committee;
f. The Committee shall do the overall supervision of the Accounts Department .
CHAPTER -10
Enrolment Committee
77 . InMeeting of Bar Council , names of Candidates for the election as members of Enrolment Committee shall be proposed and seconded and in case of contest , the election shall be by a show of hands and in case of equality of votes , the election shall be decided by drawing lots .
78. A casual vacancy in the Committee shall be filled by election by the Council .
79. For meeting of the Enrolment Committee minimum two members present shall form quorum and when any meeting is adjourned for want of quorum , the same may be held at the place stipulated and after half an hour of stipulated time and for such adjourned no quorum shall be required .
80. The Enrolment Committee shall dispose, in the manner prescribed under the Act and the Rules , every Application for admission as an Advocate and every other subject relating to enrollment including transfer of any advocate from roll of other state Bar Council to roll of this council.
81. The Chairman of the Enrolment Committee shall direct the Secretary to convene the meetings of the Enrolment Committee as he thinks fit for the disposal of business required to be transacted by the Committee . Provided that he shall call a meeting of the Committee upon a written request in that behalf by a member of the Committee .
भाग दोन ( संकीर्ण) -४ २२
महाराष्ट्र शासन राजपत्र भाग दोन- संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
82. The enrolment Committee shall proceed to dispose of every application for enrolment in accordance with the provisions of the Act, of the rules made there under and of the resolutions passed and /or directions given and/ or the principles laid down from time to time by the Council .
83 . If the Enrolment Committee has any doubt or difficulty as to the eligibility of a person seeking admission or seeking transfer or with regard to the interpretation of any of the provisions of the Act or relevant the rules , resolutions or directions or principles , it shall refer the matter to the Council for clarification of such doubt , difficulty or question and the committee shall dispose of the application inthe light of the ruling and /or direction given by the Council in that behalf.
84 If the enrolment Committee is of the opinion that any application for admission or for transfer referred to itfor disposal ought to be rejected , it shall record its reasons in a statement and shall refer it to the Council which under Section 26 ( 2 ) of the Act will refer it to the Bar Council of India .
85 In case the enrollment of any advocate is subsequently suspected to be based on forged documents ofdegrees , of mark -list or other documents , the Secretary shall expeditiously report such matter to the Enrolment Committee and opinion of Enrolment Committee in such matters shall be expeditiously placed before meeting of Council .
CHAPTER - 11
CONDITION AND FUNCTION OF PRIVILEGE COMMITTEES
86. The Bar Council may from time to time and for different Districts may constitute different Privilege Committees each constituting of three members , of which one of the Advocates Member elected to the Bar Council will be Chairman and other two Advocates of the standing not less than twenty years as members thereof from the same District .
87. The Privilege Committee may hold its meeting at the place convenient to them at the instance of its Chairman.
88. Members of the Privilege Committee or the Chairman thereof will not be entitled to any traveling or daily allowance from the fund of the Bar Council .
89. The Bar Council may refer any grievances or complaints received by it to a Privilege Committee either for fact finding or for an enquiry or for any other work and this Committee will represent the Bar Council with concerned or Government authority.
90. The Privilege Committee shall abide by the directions issued by the Council and shall have power of enquiry and hearing as the Disciplined Committee of this Bar Council .
CHAPTER - 12
RULES COMMITTEE
91. The Council shall at its first meeting or so soon thereafter as possible constitute from amongst its members of Rules Committee for the purpose of making , altering and adding rules in exercise of the rule-making powers of the Council .
92. The Rules Committee shall have the following duties : -
(i ) to submitdraft rules to be framed under the provisions of the Act for the approval of the Council ; (ii) to suggest any modification , alterations , or additions or omissions in the existing rules of the २३ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १ ९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
Council and
(iii) to draft forms consistent with the rules that might be required to be adopted by the Council from time to time.
CHAPTER -13
Special Committee
93. The Bar Council of Maharashtra & Goa may constitute a special committee for special purpose or for specific districts by electing members thereof.
94. Rules prescribed in respect of the privileges committees will be applicable to procedure of special committee.
CHAPTER -14
Bills Committee
95. If opinion or views are sought by Central or State Government with regard to any proposed legislation or bill , the Bar Council of Maharashtra & Goa may refer the same to its Bills committee for study and report.
CHAPTER -15
ELECTION OF MEMBER TO THE BAR COUNCIL OF INDIA
96. The Council shall at its first meeting or soon thereafter as possible elect from amongst its elected members the member of Bar Council of India under provisions of Section 4 of the Act and of the Bar Council of India Rules . And such member shall be elected in a manner prescribed for election of the Chairman of Bar Council .
CHAPTER - 16
NO CONFIDENCE MOTION
97. Motion of No Confidence can be made by not less than ten elected members in writing addressed to the Secretary of the Council against the Chairman , Vice - Chairman , Member elected to the Bar Council of India or any other office bearer of the Council .
98. Secretary of the Council in case where such motion is against Chairman of Bar Council and Chairman in case of other office bearers shall within a week from the receipt of such motion convene special meeting of the Bar Council to consider the motion received on a notice of atleast a month .
99. If a motion of no confidence is passed by the Council by resolution passed by majority of not less than three - fourth of the members present and voting and if such majority passing no confidence motion is more than two third of the total number of members constituting Council for the time being , the Chairman , Vice-Chairman , any other office bearer of the Council or the member elected by the Council of India against whom the motion is passed shall cease to hold the office forthwith .
100. Notwithstanding anything contained in the Act or Rules made thereon the Chairman or Vice- Chairman shall not preside over the meeting in which the motion of no confidence is discussed against him and such Chairman or Vice- Chairman shall have to right to take part in the proceedings ofthe meeting.
भाग दोन ( संकीर्ण ) -४अ २४
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
CHAPTER - 17
Constitution of Funds
101. The Bar Council should maintain and operate separate funds as follows:
1. General Fund, 2.Library Fund . , 3. Journal Fund , 4. Employees Welfare Fund. ,5. Bar Council of India Welfare Fund( under Rule 40) , 6. Advocate Aid Fund, 7. Chimanlal Setalwad Fund , 8. Jubilee Fund ( Debate Fund ) , 9 . MootCourt Fund , 10. Vahanvati's Scholarship Fund , 11. Legal Aid Fund and other funds as may be decided from time to time either by this Bar Council or by the Bar Council of India.
102. Secretary of the Bar Council shall be ex - officio Secretary of all these funds .
103. The Accountant of the Bar Council shall be ex - officio Accountant of these funds .
104. A meeting of the committee constituted for supervision and control of each fund shall be convened by the Secretary at least once in two months .
105. The operation , supervision and control over Chimanlal Setalwad Fund , Vahanvati's Scholarship Fund , Moot Court Fund and Elocution - Jubilee ( Debate Fund ) will be under the direct control of the Chairman of the Council .
106. The Minutes of the Committee for each fund shall be placed before Meeting of the Bar Council once in every three months .
107. The audited Statements of the receipt and Expenditure of these funds should be separately prepared along with statement of receipts and expenditure of the Bar Council in general and be placed before the council .
108. These funds shall be managed and regulated by the Accountant and Secretary in consultation with theChairman & Vice- Chairman of the Council and of the Chairman of concerned committee .
CHAPTER - 18
ENROLMENT
109. Every person , before being admitted , shall fulfill following conditions :
1. The Application Form as prescribed and sold by the Bar Council shouldbe filled in Capital Letters.
2. The Applicant should note that if he is in employment , trade , business or profession , he will not be enrolled as an Advocate .
3. Those who have passed their qualifying degree or Bachelor's degree or LL.B. from Universities located outside Maharashtra & Goa will require to pay additional charges by Demand .
4. Those who have passed their qualifying examination or Bachelor's degree or LL.B. degree from outside Maharashtra & Goa will have to submit an affidavit stating that " if the concerned University disqualifies my said degree , then , in that event my name will be removed/struck off, from the roll of the advocates maintained by the Bar Council of Maharashtra & Goa . " 5. If any statement or fact stated in the application is found to be false at any time , the name of theapplicant shall be liable to be struck off from the roll under the provision of sub-section ( I ) of Section 26 of the Advocates Act , 1961 .
6. He should on the identity card affix stamp size photograph duly signed and in Uniform only.
२५ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
7. All photocopies of certificates submitted along with the application shall be attested either by Principal of concerned Law College or by Judicial Officer or by Oath Commissioner or by Member of the Bar Council of Maharashtra & Goa or by Gazetted Officer and the same will be verified by the Bar Council at the time of submission .
8. If on account of his / her marriage there is any change in the name of Applicant , the Applicant shall file affidavit specifically mentioning that "Due to my marriage my name changed is from name to and the person by former and present name is one and the same" , to the effect and submit an attested copy of marriage certificate or/and copy of official Govt . gazette in which such change is notified.
9. Office Timing for enrolment receipt of enrollment application will be from 11:00 a.m.to 2.00 p.m. & 3.00 p.m. to 5.00 p.m. only (Except 2nd & 4th Saturday) .
10. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED .
11. The applicant shall affix his stamp size photograph in Formal Dress on the front page of application , for enrollment , on the form under Rule -40 Bar Council of India Rules , on the form ofMaharashtra Advocates Welfare Fund , and on the Identity card enclosed herewith .
12. The Applicant will have to remove defects if any in the application within a fortnight from the date of receipt of intimation .
13. He should not write or type anything on the Identity Card .
110. Every person applying for enrolment shall give undertaking in the following manner:
UNDERTAKING
(a) I HEREBY UNDERTAKE that if after my admission as an advocate , I accept full or part- time service orI am engaged in any trade , business or profession ( unless exempted by the Bar Council under its Rules) I shall forthwith inform the Bar Council to put my name in the non - practising advocates list and for suspension of my sanad , and in any of the event I will also surrender my identity card and sanad to the Bar Council Office immediately .
(b) I HEREBY UNDERTAKE that I shall not accept any employment which , in the opinion of the Bar Council , is derogatory to the status of an Advocate .
I HEREBY DECLARE & UNDERTAKE that-
(c)
(i ) I shall uphold the Constitution of India and the Laws .
( ii ) I shall faithfully discharge every obligation cast on me by The Advocates Act , 1961 and the rules framed thereunder :
(iii ) I shall inform the Bar Council of any change of address of my residence or place of the practice for the proper maintenance of the Roll and Voter' List .
( iv) I HEREBY UNDERTAKE that If I fail to inform any change in my profession or if I fail to inform about change in my name & address within fifteen days from the aforesaid change the Bar Council is at liberty to take suitable action against me .
२६
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १ ९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १ ९ ४३
( v) I HEREBY UNDERTAKE that I shall produce my attested LL.B Convocation certificate within six months from the date of my enrolment as an Advocate .
(vi ) I have no objection if my B.A. / B.Com / B.Sc. etc. degree is not shown on the enrolment certificate till I produce the attested copy of convocation certificate of the same .
( vii ) I UNDERTAKE to furnish such other particulars as may be required from me for the purpose of this application . I undertake that if the above is not followed by me , the Bar Council can take action against me.
(viii ) I declare that I had no previous conviction of any kind by any Court (if there is any conviction or adjudication , particulars thereof should be furnished)
(ix) I declare that I am not being adjudged insolvent by any court .
(x) I declare that I am not suffering from any contagious disease and nor have I suffered from many contagious disease within a period of one year prior to my application. ( In the event of anapplicant stating that he is suffering from any contagious disease or he has suffered from any contagious disease within a period of past one year, he shall attach a medical certificate for the same.)
(xi ) I hereby declare that if admitted as an Advocate , I will faithfully observe and abide by all the rules , made by the Bar Council of Maharashtra & Goa & the Bar Council of India as amended from time to time for regulating the conduct of Advocates on the State Roll , a copy ofwhich is furnished to me and I have read the same .
(xii) I declare that the statements made in this application are true to my personal knowledge , information and belief .
Place:
Signature
Date:
Name
111. In addition to the enrolment fee laid down in Section 24 of the Advocates Act , persons desirous of being enrolled as advocates shall also be liable to pay to the Council , Stamp Duty payable by him under the Indian Stamp Act and Bar Council shall be entitled to recover the same before making the entry of his names in the rolls .
112. Anapplication for admission as an advocate under Section 25 of the Advocates Act should be made in a form prescribed by the Enrolment Committee of this Council from time to time , and in a form which is sold by the Bar Council on price as prescribed from time to time.
113. The Secretary, after verification and scrutiny of the application form and of enclosed documents , shall satisfy himself that the applicant is qualified for enrolment and on such satisfaction , he shall refer the application to the Enrolment Committee with his recommendation.
114. If a person is a graduate in law or is pre - requisitedegree holder from University located outside Maharashtra and Goa, the Secretary shall not refer the application to the Enrolment Committee unless and until he is fully satisfied about the genuineness and veracity of the educational qualification by verifying the degree from the said University and in such case the applicant shall be required to pay additional charges for the verification minimum Rs.500/- ( Rupees Five Hundred २७ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
Only) or more as may be necessitated in each and every case and as per direction issued from time to time by Secretary..
115. The applicant praying for enrollment shall be required to file application for being Member of Maharashtra Advocates Welfare Fund and Welfare Scheme under Rule 40 of Bar Council of India Rules and shall be required to pay amount of subscription thereof .
116. If necessary the Secretary shall require the applicant to produce at the time of enrollment separate and detailed affidavit showing the particulars of his business , trade and profession , of his conviction by Court , of his attendance in Law Colleges , specifying the period and course , etc. and at the time ofapplication for change of name , degree or address detailed affidavit showing particulars of such change.
117. If the applicant is discharged , dismissed or has resigned from active judicial service at the time of applying for enrolment, he shall be required to produce affidavit showing particulars of termination of his service along with true copies of relevant documents and in every such case application for enrolment shall be placed before the Bar Council .
118. Whoever applies to avail the concession in enrolment fees on account of belonging to Scheduled Caste or Scheduled Tribe while enrolling as Advocate , shall furnish certificate issued by Special Divisional Officer of the area of his residence or by another competent authority as prescribed by the State of Maharashtra . The Secretary of the Bar Council shall from time to time verify the claim made in this regard and shall report failure in this regard to Enrolment Committee .
119. Every person admitted on Roll of the Council shall be issued a certificate
infollowing form
EN NO.MAH/ / SR . No ..........
BAR COUNCIL OF MAHARASHTRA AND GOA
We, the Chairman , Vice - Chairman and Members of the Bar Council of Maharashtra & Goa , certify that the nameof is entered on the day of 200 in the roll of Advocates maintained by the Bar Council of Maharashtra & Goa under the provisions of Section 17 of the Advocates Act 1961 ( Act No.25 of 1961 ) as a person admitted to be an Advocate on the Roll of this Bar Council .
the IN TESTIMONY whereof this Certificate is granted to Day of the month of atMumbai on in the year Two Thousand under the seal of the said Bar Council and the signature of the said Chairman.
Seal
CHAIRMAN २८
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
120. If it isfound that person applying for enrolment afresh or person applying for resumption of practice has furnished false or misleading information while seeking fresh enrolment and / or resumption , the concerned person shall be liable for action under Section 35 of the Advocates Act .
121. The Secretary shall maintain a Register of Applications received for enrollment in form prescribed from time to time .
122. All the applications received for enrollment should be verified and scrutinized serially and within a week from receipt thereof in the office of the Bar Council .
123. All Applications for enrollment should be within a fortnight from receipt thereof be submitted to theEnrollment Committee for its approval .
124. The Secretary, on receipt of the approval of the Enrollment Committee , should forward Provisional Certificate of Enrollment and Identity Card to the Applicants within a fortnight from date of approval by theEnrollment Committee .
125. The Certificate of Enrollment in prescribed form shall be duly prepared , dispatched and delivered to the applicant within a period of two months from the date of approval by the Enrollment Committee .
126. The person enrolled as an advocate on the roll of Bar Council may apply for Standing Certificate to the Secretary of Bar Council of Maharashtra & Goa , shall be required to pay therefore fees prescribed from time to time, and shall be required to give particulars about his membership of Welfare Fund under Rule 40 and of Maharashtra Advocates Welfare Fund and thereafter said Certificates shall be issued by Secretary in form prescribed form time to time , under his seal and signature.
127. If a person enrolled as an advocate desires to suspend his practice , he is required to apply to the Secretary in writing in form prescribed from time to time alongwith original enrollment certificate and Identity Card issued by the Bar Council and if he desires to have a certificate of suspension be issued , and the Secretary shall thereupon issue requisite certificate under his seal and signature , on payment of the fees prescribed from time to time.
128. The person who has suspended his practice as an Advocate and who desires to resume his practice , shall apply for resumption of his practice in prescribed form provided by Bar Council alongwith prescribed fee and shall be required to produce his affidavit in support of the particulars in the said application . All such applications shall be placed for approval before Enrollment Committee .
CHAPTER - 19
COMPLAINTS AND ENQUIRY UNDER SECTION 35 OF THE ACT
129. On receipt of a complaint from any person , the Secretary shall register it in the Register of complaints maintained by the Bar Council of Maharashtra & Goa and shall require the complainant to pay the prescribed fees if not paid , to remove any defects and to call for such particulars of the complaint or of other documents within three months from receipt thereof .
२९ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
130. a) All the complaints excluding the complaints against the Members of the Bar Council shall be placed by the Secretary before the Chairman of the Bar Council within three months from receiptthereof.
b) The Chairman of the Bar Council shall refer the complaint , excluding those against the Member of Bar Council to any one of the elected members of the Bar Council and shall authorize such member to require a complainant to furnish further and better particulars and to call for comments from the Advocate complained against .
c) The Chairman suo - moto or on application made to him by the Complainant or by Respondent Advocate shall transfer the preliminary hearing of the complaint from one elected member to other.
d) The member of the Bar Council authorized by the Chairman shall submit his report whether there is a reason to believe that Advocate complained is guilty of professional or other misconduct and whether the complaint be referred or not be referred as disciplinary case for disposal to its disciplinary committee .
e) The report in respect of every complaint given by authorized member of Bar Council shallbe placed before the meeting of the Bar Council for its approval .
f) In case it is approved by the Bar Council that such complaint be treated as disciplinary case , it will be registered as disciplinary case and the Chairman of the BarCouncil shall refer it to any Disciplinary Committee constituted for disposal under Section 35 of the Act .
131. Every complaint received against any member of the Bar Council shall on verification by the Chairman be placed by him before meeting of the Bar Council which shall be authorized to receive better particulars from the Complainant , to receive comments from advocate complained against , and to hold whether there is reason to believe that the advocate is guilty of professional conduct or otherwise Bar Council may constitute special disciplinary committee in case of every such complaint for discharging these powers.
CHAPTER -20
CONSTITUTION , REGISTRATION & CONTROL OF BAR ASSOCIATIONS .
DEFINITIONS
132. For the purpose of this chapter , unless the context otherwise requires,
a) "Advocate " means the person whose name appears on the rolls of Advocate prepared and maintained under the provisions of the Act by the Bar Council of Maharashtra & Goa.
b) "Aid Fund " means the fund constituted or maintained by the Bar Council under provisions of Section 6( 2) of the Act .
c) "Bar Associations " means the Associations of advocates as defined in clause (d ) of Section 2 ofthe Maharashtra Advocates Welfare Fund Act, 1981 .
भाग दोन (संकीर्ण ) -५ ३०
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
d) "Certificate of Registration " means the certificate of registration granted by the Bar Council under these rules or deemed to have been granted under these rules or certificate of registration which is renewed by the Bar Council from time to time under these Rules .
e) "Prescribed " means prescribed by the Bar Council from time to time by its resolution under these Rules .
f) "Welfare Act" means the Maharashtra Advocates Welfare Fund Act , 1981 .
REGISTRATION OF BAR ASSOCIATION
133. Every Bar Association shall apply to the Bar Council for recognition and registration thereof under these rules in prescribed form , alongwith:
i) Copy of the Rules and Bye -laws of the Associations certified as true copy by the Registrar or other competent authority appointed under the Societies Registration Act , 1860 and copy of certificate or registration issued under said Act of 1860
ii ) List of the office bearers of the Associations , showing their full names , ages , residential addresses , designations , dates of their appointment as office bearers and the expiry date of their tenure.
iii ) Registrationfee @ Rs.100/ - ( One Hundred Only) for its every fifty members or part thereof calculated on the basis of information furnished in the application .
Provided that;
a) the Bar Associations registered and recognized under the provisions of the Welfare Act prior to commencement of these rules shall be deemed to have been registered under these Rules .
b) any Bar Association constituted after the date of commencement of these Rules , shall within period of six months form the constitution thereof, apply for recognition and registration , and c) the existing Bar Association which is not registered on the date of commencement of these Rules under the provisions of the Welfare Act shall , shall within period of six months from the date of commencement of these Rules , likewise apply for recognition and registration .
134. The committee constituted therefore by the Bar Council may after such enquiry as it deem necessary, refuse to recognize and register any Bar Associations under these Rules and in case of such refusal half of the registration fees paid along- with the application for registration shall be refunded to the applicants and it shall be the duty of the named President and Secretary of concerned Bar Association to communicate such refusal to all its members individually by written memo within period of a month from knowledge of such refusal .
135. The Order of grant or of refusing to grant registration shall be communicated to the President or Secretary named in said application within one month from receipt of application for registration decision Committee if Bar Council .
136. The Bar Council on recognition of the Bar Association shall issue a certificate of registration in such form as may be prescribed .
137. The certificate of registration issued under these Rules to the Bar Association shall be valid only for period of five years from the date of issuance thereof. Provided that certificate of registration issued ३१ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
under the provisions of the Welfare Act shall be deemed to have been issued under these Rules and shall be valid for period of only one year from the date of commencement of these Rules .
RENEWAL OF CERTIFICATE OF REGISTRATION
138. Every Bar Association to which certificate of registration is issued under these Rules or of which certificate of registration is as above - said deemed to have been issued under these Rules or of which certificate of registration is renewed under these rules shall apply to the Bar Council for renewal of such certificate at - least three months prior to the date of expiry of period of its validity.
139. Every Application for renewal of such certificate shall be in the prescribed form and shall be accompanied with ;
( i ) Copy of its up-to-date rules and Bye - Laws of the Association certified as true copy.
(ii ) Copy of its valid Certificate of Registration under the Societies Registration Act of 1860 certified as true copy.
(iii ) Renewal fee @ Rs.100/- ( Rupees One Hundred Only) for every fifty members or part thereof calculated on the basis of said up-to-date list produced with the application for renewal . Provided that when application for renewal of the certificate of registration is received by Bar Council after expiry of period of its validity, such certificate , may be renewed subject to payment of additional late fee @ Rs.100/ - ( Rs . One Hundred Only) per month or part thereof of delay caused.
140. Bar Council may , after such inquiry as it deems necessary, refuse to renew such certificate of registration and its decision shall be final and in that case half of the fee paid for renewal as above will be refunded by Bar Council .
141. The order of granting of renewal of or of refusing the renewal of such certificate shall be communicated to the concerned Bar Association within period of three months from refusal of renewal by the Bar Council .
142. In case of refusal of renewal of such certificate by the Bar Council , it shall be duty of the President and Secretary of concerned Bar Association to communicate such refusal to all its members individually by written memo within period of a month from knowledge of such order of refusal by the Bar Council .
143. Every Certificate or registration renewed will be valid for period of five years from the date of order of renewal by Bar Council .
144. Bar Council may pass order of renewal of certificate of registration on the original certificate in such form it may prescribe .
BAR ASSOCIATION TO BE BODY CORPORATE AND SOCIETY
145 BarAssociations which holds valid certificate of registration shall be a body corporate having perpetual succession and a common seal , with power to acquire and hold property, both moveable and immovable and to contract and may by the name by which it is known , sue or be sued .
भाग दोन ( संकीर्ण ) -५अ ३२
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
146. The Bar Association which is not registered as ' Society' under the provisions of the Societies Registration Act of 1860 at the time of commencement of enforcement of these rules shall itself get registered as society within period of one year from commencement of enforcement of these rules .
POWERS OF BAR ASSOCIATION
147. Every Bar Association which holds valid certificate of registration under provisions of these rules shall beempowered;
a) to undertake Group Insurance Policy of its members for recovering loss and compensation incurred on account of death , injury or major illness caused to its members .
b) to make recommendation for or to issue certificates for receiving individual benefits by its members under various welfare schemes implemented by the Bar Council .
c) to make representations to the Bar Council in relation to difficulties experienced by its members while carrying out their profession or in relation to improvement in administration of justice or in relation to removal of injustice or grievance suffered by its members individually or collectively and
d) to hold , conduct , celebrate , organize or perform singly or jointly with Bar Council or to participate in any seminar , function , conference , ceremony or competition sponsored , financed or organized by the Bar Council .
DUTIES OF BAR ASSOCIATION
148. Every Bar Association holding valid certificate of registration for its proper management or administration shall frame , adopt or enforce written scheme , constitution or by - laws . Provided that Bar Associations deemed to have been registered under provisions of Rule 3 ( 1 ) of these Rules , shall comply with this condition within one year from commencement of enforcement of these rules .
149. Every Bar Association shall ;
a) every year furnish information to the Bar Council as required under Section 15 ( 1 ) of the Welfare Fund Act along with contribution equal to 5% of amount of subscriptions received from its members by it during preceding year .
b) intimate any change of the office bearer of the Association within fifteen days from such change .
d) intimate any change in the membership , including admissions and readmissions , death , retirement or voluntary suspension of practice of any of its member within thirty days from the date of occurrence thereof or from knowledge thereof whichever is later .
e) be vigilant in supervising whether every member of Bar Association is a member of fund constituted and maintained under the Welfare Act and of Welfare Fund under Rule -40 of Bar Council of India Rules 1975.
f) supervise whether every Vakalatnama is affixed with stamp prescribed by the Welfare Act from time to time .
g) provide for sale and supply of stamps prescribed by the Welfare Act .
h) observe and follow in the conferences , seminars, talks or meetings or functions held , sponsored or authorized by the Bar Association , whether public or not and whether held by it singly or jointly ३३ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
with other agencies or , the rules of protocol , as prescribed by the High Court of Bombay from time to time in relation to honour and decorum of the dignitaries present including members of BarCouncil .
i ) keep a vigil over the professional activities of its members and shall promptly inform the Bar Council about any advocate committing breach of rules of professional standards and etiquettes or of any other misconduct which in the opinion of its Executive Committee or General Body is derogatory to the profession or is the deliriction of his duties towards his client or fellow members, and ;
j) to the best of its capacity carry out all directions and instructions issued by the Bar Council and BarCouncil of India from time to time .
POWERS OF BAR COUNCIL
150. TheBar Council in its discretion may;
i) cancel the certificate of registration granted to any Bar Association under these Rules or deemed to have been issued under these Rules or renewed under these Rules or ;
ii ) refuse to renew the certificate of registration granted to any Bar Association under these Rules or deemed to have been issued to it under these rules if it is found that concerned Bar Association is not performing its duties prescribed under these Rules .
Provided that the Bar Council will exercise power under this rule only after issuing show - cause notice containing grounds to concerned Bar Association and after giving sufficient opportunity of hearingto it .
151. DISQUALIFICATION OF BAR ASSOCIATION
The Bar Association which is not registered under these rules or of which certificate of registration is not renewed from time to time, or of which certificate of registration is cancelled or of which certificate of registration is refused to be renewed under these rules shall not be ;
a) deemed to be effective instrument for implementation of welfare scheme referred to in Clause (a) of sub-section ( 2) of Section 6 and in sub - section ( 2 ) of Section 7 of the Act .
b) entitled as of right to make any recommendation or certification of any kind to Bar Council , in matter of sanction of benefit to any Advocate under Welfare Schemes implemented and enforced by Bar Council .
c) entitled to receive any benefit from Library Fund of the Bar Council .
d) entitled or authorized as of right to make any representation to Bar Council for assistance , for removal of any difficulty , grievance or injustice or for recommendation to any authority or agency by this Bar Council or;
e) entitled to hold , conduct , or celebrate or to actively participate singly or co-jointly with other agency in any function , seminar , conference , ceremony or competition sponsored or financed by the Bar Council .
३४
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
152. DUTY OF BAR COUNCIL
It shall be duty of Bar Council to credit all amounts received as contributions from amount of subscription from the Bar Associations under above Rule 152 (a ) in the Aid Fund constituted under Section 6 (2) of the Act .
CHAPTER - 20 A
153. OBLIGATION AND DISQUALIFICATION OF ADVOCATE
Every advocate:
(i ) whether he had at any time appeared or not as Advocate and whether he at present is appearing as Advocate in any matter in any Court or judicial forum or not.
(ii ) whether he had at any time practiced or whether he is presently practicing as advocate or not , or (iii) whether he practices his profession of advocate for full-time or for part- time or in or outside the States of Maharashtra and Goa shall be member of the Bar Association holding valid certificate ofregistration.
154. The Advocate for purpose of effective implementation and financial assistance shall be duty bound to name only one Bar Association at any one time for the purposes of welfare Act or Welfare Fund under Rule 40 of Bar Council of India Rules .
155. Every Advocate , who is not already member , shall become member of fund constituted and maintained under the Welfare Act within period of three months from commencement of these rules .
156. Every Advocate shall affix the stamp as prescribed by the Welfare Act on every Vakalatnama filed by him individually or by the firm of which he is partner, adviser or beneficiary and
157. Every Advocate shall , if not already made , make payments as prescribed in Rule 40 ( Section VI -A Chapter II Part VI ) of the Bar Council of India Rules , 1975 within period of three months from commencement of these rules .
158. Every Advocate shall show on demand duly signed and sealed identity card (with his photo) issued by the Bar Council .
159. Every Advocate shall , whenever he uses the words "Advocate/ Attorney/ Counsel/ " after or before his names on visiting card , letter head or Vakalatnama , shall mention his/ her enrollment- number in full in such visiting card , letter head or Vakalatnama
DISQUALIFICATION OF AN ADVOCATE
160. Any Advocates who fails to discharge his obligations prescribed by these rules shall not be entitled to;
i) claim or receive any benefit from Aid Fund of Bar Council ;
ii ) participate in any manner as of right in any conference , seminar, talk, competition or talk organized or sponsored by the Bar Council or ;
iii) make , as of right , any representation to the Bar Council for redressal of any grievance or for remedying any injustice caused to him by any person or agency.
161. An Advocate who deliberately and persistently fails to discharge his obligations prescribed by these rules shall be liable for suspension of his Sanad or enrolment for such period as may be ordered by the Bar Council .
३५ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
Provided that such suspension of order shall be passed after giving such advocate show - cause notice of period not less than a month and after giving him sufficient and reasonable opportunity of hearing . Provided further that any such order of suspension may be revoked by the Bar Council in its discretion atany time before maturity of period mentioned in such order .
CHAPTER - 21
CONSTITUTION OF FUNDS FOR FINANCIAL ASSISTANCE TO INDIGENT AND DISABLED ADVOCATES :
162. DEFINITIONS :
For the purpose of this Chapter, unless context otherwise requires
(a) "Applicant" means an advocate enrolled with the Council and practicing in States of Maharashtra & Goa and is member of Bar Association recognized or registered under the provisions of said Actand in case of death of an advocate , his wife and / or dependent minor children .
(b) "Committee " shall mean the committee constituted by the Council for the management of the fund constituted under these Rules as provided hereunder .
( c) " Disabled Advocate " means an advocate who by reason of any physical or mental disablement or infirmity is unable to practice legal profession temporarily or permanently and includes dead Advocate .
(d) " Indigent Advocate " means an advocate who is unable to maintain himself/herself or his /her family or is victim of natural calamity.
( e) "Family" of an applicant shall mean his wife or her husband as the case maybe , his/her any minor children or his / her parents actually dependent on him / her for maintenance .
( f) " Fund" means the fund constituted by the Council under the provisions of the Section 6( 2 ) of the Actand shall include all accretions by way of contributions , donations , interest or investments or sums raised or collected in such other manner as may be deemed proper by the Council .
163. OBJECT OF FUND :
The object of the fund is to provide financial assistance to the advocate , who in the opinion of the Committee is disabled and/ or indigent and who deserves such financial assistance under any circumstances involving financial distress and to the wife and / or dependent minor children of such advocates .
164. THE MANAGEMENT OF THE FUND :
(a) Fund shall be managed by the Council through a Committee consisting of five members elected by the Council from amongst the advocate members thereof.
(b) The Secretary of the Council shall be ex - officio Secretary of the said Committee .
(c) The Committee shall have powers to issue directions and regulations for the administration of the fund as and when necessary .
(d) The Committee shall have power to constitute sub - committees at such places as it deems fit for better execution of the objects of this fund .
३६
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
( e) The Committee shall have power to give financial assistance only from the interest earned by thefund.
( f) An application for financial assistance under these rules shall be made in the form prescribed .
(g) On receipt of an application , the Committee shall by itself or through sub - committee enquire whether the applicant deserves financial assistance and determine the extent , mode and/ or manner of payment of such financial assistance and for such enquiry shall have power to examine the applicant or any other person and to examine and call for any record in the possession of the Bar Council of Maharashtra and Goa or the concerned Bar Association of which concerned advocate was member .
( h) The Committee shall have power to impose any condition as it may deem proper when the financial assistance is accorded.
(i ) The Committee shall have power to give financial assistance to the family of the advocate and in case of his death to his family or dependants for such period as it may deem fit .
(j ) The Committee may in its sole discretion withdraw or vary the financial assistance granted from time to time as it deems fit .
(k) All the proceeding of the Committee and of any such committee appointed thereby shall be treated as confidential .
165 REFUND:
( 1 ) If an applicant or other practicing advocate makes any statement or furnishes any material or information which is discovered to be false to his / her knowledge , it shall amount to the professional misconduct under Section 35 of the Act .
(2) The Committee shall have power in appropriate case to call upon the applicant to refund the entire amount given as assistance or any part thereof with such interest as it deems fit in case the applicant had obtained such assistance by making any material mis - statement or by suppression of any material fact or information or if after the grant of such assistance , there is change in the circumstances of the applicant .
(3) The decision of the Committee with reference to the above said refund shall be final and conclusive and it shall be the obligation of the applicant to comply with the said decision .
166. ACCOUNTS :
( 1 ) The Secretary of the Council shall arrange to maintain day- to -day account of receipt and payments which will disclose all the assets of the fund.
(2) The account of the fund shall be audited regularly on financial year basis by the auditor appointed to audit the account of the Council .
(3) Upon the expiry of every financial year of the Council , the Secretary shall submit to the Council the report of the fund annexing thereto audited statement of the receipt and payment account , the list of assets and such other particulars as the Council may direct from time to time.
३७ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
167. THE REMUNERATION AND ALLOWANCES :
None of the Member of the Committee or Secretary or any functionary of the fund shall be entitled to any remuneration or allowances from the fund for acting as functionary of this fund .
168. CONTRIBUTION TO THE FUND SHALL BE MADE AS UNDER : -
1 ) A sum equal to 10 % of its actual net income of the Council set apart at the end of each financial year,
2) Donation or grant by individuals , Government , Corporation , public trust, government , public institutions or other associations ,
3) Sums received by the Council from the Bar Association on the account of the Advocates Aid Fundand,
4) Interest on investments of the fund.
169. INVESTMENTS :
The fund received shall be invested as per the provisions laid in The Maharashtra Advocates Welfare Fund Act , 1981 .
170. In the event of termination of the scheme , the Council shall handover all the assets , balances and surplus of the monies of the fund alongwith the investment made there from and also all its documents and records to the Trustee Committee appointed under the provisions of the Maharashtra Advocates Welfare Fund Act .
CHAPTER -22
MANAGEMENT AND INVESTMENT OF FUNDS
171. The Accountant of Bar Council shall maintain the register of all investments made out of general and outof specified funds in the form prescribed by the Executive Committee , from time to time 172. The Secretary shall , at least once in two months verify the entries in investment register and should be vigilant in reinvesting the funds with a view that no loss is suffered on account of loss of interest orofdelayed reinvestment.
CHAPTER - 23
ORGANIZATION OF LEGAL AID AND ADVICE TO POOR
173. The Bar Council shall from time to time frame and fix mode and methods of legal aid to be provided at par with constitution of the legal aid committee established at the various Talukas and Districts and Bar Council may authorize its Advocate Members to represent this Bar Council on those committees.
174. The Bar Council may provide and nominate its Advocate Members as ex- officio members on the Committee constituted from time to time by the Government of Maharashtra or by the High Court .
175. The Bar Council shall from time to time issue, frame and fix the mode and methods of legal aid to be provided to poor and arranging of legal literacy programmes .
176. The Bar Council shall establish a ' legal aid committee ' at various Taluka and District Courts . Such Committees shall consist of three members . Member of Bar Council from concerned District will be भाग दोन ( संकीर्ण) -६ ३८
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
the ex - officio chairman of such committee. And other two members will be nominated by Bar Council ofMaharashtra & Goa .In case any advocate member in Bar Council of Maharashtra & Goa is not elected from the district, the member from adjoining district as decided by Bar Council of Maharashtra & Goa will be the ex - officio chairman of such committee . If there are two or more members are elected to Bar Council from same district , the senior most amongst them will be the chairman of the said committee .
177 . The Bar Council will carry out and conduct the legal aid as well as legal literacy programmes in consonance to programmes sponsored by Legal Service Authorities established at Taluka , district & state levels .
CHAPTER -24
VISIT AND INSPECTION OF UNIVERSITIES AND LAW COLLEGES
178. Subject to the control and direction of the Bar Council of India and subject to the conditions laid down and incorporated therefore in the Act and in Bar Council of India Rules 25 , this Bar Council shall from time to time constitute the Committees of Advocate Members for inspection of Law Colleges district- wise or area - wise and may recover from Law Colleges inspection fees as may be prescribed.
179. TheCommittee constituted for inspection of a University would necessarily include the Chairman or Vice-Chairman of the Bar Council as the Ex - officio Chairman of the Committee .
180 . TheCommittee , on inspection of Law College or University , shall submit its report to Bar Council of India through Bar Council
CHAPTER - 25
ISSUANCE OF IDENTITY CARDS
181. Bar Council shall issue Identity Card to Advocates on its enrollment on payment of fees prescribed from timeto time . And such card will be valid for period of ten years from the date of its issuance .
182. The Advocate who desires to obtain new or renewed identity card shall apply to Secretary with particulars of his full name , full address , Roll Number , date of birth in form prescribed from time to time.
183. The Application for Identity Card should be affixed with photo of required size and should bear the identification by President of Bar Association of which he is Member or by member of the Bar Council under their respective stamp & seals.
184. The Application shall be accompanied by three passport size photos of applicant taken in uniform at dark background and the applicant should sign across the photo .
185. When the Identity card is lost and such loss is not duly informed to Secretary of Council by concerned Advocate , he will be liable for disciplinary action under Section 35 of the Act .
CHAPTER - 26
FUNDS FOR LIBRARIES
186. Every Bar Association registered with and recognized by the Bar Council shall have library for the use ofmembers of that Bar Association .
३९ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
187. The Bar Council may, at its premises at its or other offices , establish law libraries of its own from its own funds . Such a library shall include the facilities of printed books , other documents and also electronic media providing upto date information and technology facilities in regard thereto .
188. The Advocates on Roll of this Bar Council should be permitted to have access to such library subjectto such condition and direction as the Bar Council may prescribe from time to time .
189. The Bar Council may from time to time provide financial assistance from its library fund to libraries established by Bar Associations in view of the requirement of and contribution by Members of the concerned Bar Associations .
190. No financial assistance will be granted by the Bar Council to any Bar Associations for this purpose unless and until the said Bar Association is duly registered with the Bar Council under provision of these rules and its registration is valid under these rules . 191. The person in charge of these libraries shall function as per the norms laid down in relevant provisions of the Civil Manual of the High Court and shall maintain the registers and catalogues of the library.
192. Model Rules prepared by Bar Association for such a library should be in consonance with the provisions of Chapter 37 of the Civil Manual .
CHAPTER - 27
MEMBERS ' TRAVELLING AND HALTING ALLOWANCE RULES
193. A Member of the council inclusive Chairman and Vice- Chairman traveling from his usual place of residence or from the place he practices his profession outside Mumbai to the head - quarters of the Bar Council shall be paid traveling allowance and halting allowance .
194. A member of the Council ordinarily residing and /or practicing his profession in Greater Mumbai , which is the headquarters of the Bar Council , shall not be paid any halting allowance and whenever he is required to travel outside the headquarters of the Bar Council for the purpose of attending a meeting of the Council or a meeting of a Committee or a sub - committee or for the purpose of transacting any business or function of this Council , such a member shall be entitled to traveling and halting allowances .
195. No member shall be entitled to traveling allowance or halting allowance if such member ordinarily resides or practices his profession at the place where the meeting of the Council or the meeting of any committee or Sub-Committee or Special Committee of the Council is held or when such member has to perform his duties as a member or has to attend any function of the Council at such place .
196. Where a meeting of a Committee or a Sub - Committee or Special Committee is held on the day when a meeting of the Council also is held , no member shall be entitled to any separate or additional traveling or halting allowance for attending the meeting of the committee or sub - Committee or Special Committee.
197. A member traveling from the place where he ordinarily resides or practices his profession , to some other place to attend the meeting of the Bar Council or any meetings of any committee or Sub- Committee of the Bar Council or any official work of business of the Bar Council or any function held भाग दोन ( संकीर्ण ) -७ ४०
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
by the Bar Council , shall subject to the aforesaid rules , be paid traveling allowance and halting allowance as under : -
a) If a Member travels by railway or any other mode , except as provided in ( b ) , ( c ) , ( e ) , he shall be paid Railway first class fare .
b) If a Member travels buy air , he shall be entitled to the actual fare paid by him provided he produces the travel vouchers for the journey to the Secretary .
c) If a member travels by Railway in A.C.Class he shall be entitled to the actual fare paid by him upon the production of the travel voucher for the journey.
d) A member shall not be paid any traveling allowance from his place of residence or place he practices his profession , to the Airport , Railway station or port or from the Airport or Railway station or port to the place where the meeting of the Bar Council or any of the Committees of the Council is held.
e) If a member travels by steamer or steam launch or vessel by sea or river , he shall be paid his actual fare paid by the member for such journey on production of travel vouchers for the journey.
f) If such a member has to stay at the place where the meeting of the Council or the Committee or the Special Committee or for any official business of the Council or for attending any function held by the Council , he will be entitled to a halting allowance at the rate decided from time to time by Executive Committee of the Council provided that the distance between the place where such meeting is held and the place of his residence or place he practices his profession , should be more than50 ( fifty) kilometers .
198. If in any committee , any Advocate being not a member of the Council is appointed , co - opted or nominated to work on the said committee , he shall be entitled to the same allowance at the aforesaid rate and subject to these rules .
199. A member claiming traveling allowance or halting allowance , as the case may be , shall submit a bill under his signature giving the various details in the prescribed form.
200. Members of staff of the Council shall be entitled to traveling and halting as follows: -
a) The Secretary of the Council shall be paid the same traveling allowance and halting allowance , as is paid to the members of the Council .
b) A member of the staff , other than the Secretary , and receiving basic pay of Rs.7,500 / - per month and above shall be held eligible to travel by First class while going out of the headquarters of the Council and return journey for the same for attending any of the purposes or work of the Council . If such a member of the staff travels by railway, he shall be paid the First Class railway fare . If he travels by any other mode , he will be paid the actual charges incurred for the same on production oftravel vouchers .
c) The member of the staff shall be paid the halting allowances and incidental expenses at the rate fixed from time to time by the Executive Committee of the Council .
d ) A Member of the staff claiming traveling allowance or halting allowance as the case may be shall submit a bill under his signature giving the various details in the prescribed form .
४१ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
201. In all other cases not provided by these rules the traveling and halting allowances payable to the Members and staff of the Council shall be as decided by the Chairman from time to time .
CHAPTER - 28
Qualifications and Conditions of Service of Secretary, Accountant and other Staff
I. SECRETARY
202. The Secretary of the Bar Council shall on the date of appointment : -
(i) be not more than 45 years of age;
(ii ) have obtained a degree in law of a University recognized by the Bar Council of India or has been called to the Bar of England ; and
(iii ) be an Advocate of at least five years standing . Or may have such educational or other qualifications and such experience as may be deemed sufficient by the Bar Council for the appointment to the post .
203. The Secretary shall in the first instance be appointed on probation for a period of at least one year and the council may after the completion of the period confirm him.
204. The Secretary shall have the general control and supervision over the staff of the Bar Council .
205. He shall discharge his duties under the control , orders , directions and supervision of the Bar Council and of the Chairman and the Vice- Chairman of the Bar Council .
206. Under the directions of the Chairman or in his absence the Chairman of the Executive Committee, the Secretary shall conduct all the official correspondence of the Council , issue all notices required to be issued under the Act or under any of the rules made thereunder, keep minutes books of meetings and supervise the work of the office of the Council .
207. The Secretary shall
(i ) grant copies of such documents as are permitted by the Chairman of the Executive Committee by a general or special order , or as provided for in The Rightto Information Act - 2006 & Rules thereunder
( ii ) Certify them to be correct, allow inspection of such records as are permitted by the Executive Committee by a general or special order and
(iii ) Shall fulfill all obligations of public authority as prescribed in the Right to Information Act 2005 and shall be custodian of the records , Library, Common Seal and such other property of the council at it might posses from time to time .
208. The Secretary shall cause to maintain accurate books of account in the prescribed form and shall maintain such other records as the Executive Committee may from time to time direct .
209. TheSecretary shall not during his appointment become or continue to be an office bearer or member of the Committee of Management of any body or Association of lawyers and shall not have interest by himself in ' controversial matters affecting the legal profession . Provided that he may become or continue to be ordinary member of any body or association of lawyers
भाग दोन ( संकीर्ण) -७अ ४२
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५ , २०२१ / श्रावण २८ भाद्र ३ , शके १९ ४३
11. ACCOUNTANT
210. Accountant of the Bar Council shall on the date of his appointment :
(i ) be not more than 45 years of age
( ii ) hold a degree in Accountancy or a degree in commerce of any recognized University and (iii ) be qualified as computer operator and
211. The Accountant shall in the first instance be appointed on probation for one year and may after the completion of the period of one year be confirmed .
212. The Accountant shall be a full time employee of the Bar Council and shall not be entitled to engage himself directly or indirectly in any other occupation .
213. The Accountant shall be subordinate to and shall work under the general supervision of the Secretary .
The Secretary may give to the Accountant in addition to his routine work as an Accountant any other addition work of the Council .
Accountantshall cause
1 ) to credit all amounts received whether by cash or cheque , demand drafts to be credited in bank accounts of this council immediately on next working day .
2) Maintain separate savings , current accounts for separate funds of bar Council .
3) to submit monthly statements of income & expenditure to Executive Committee for its approval .
4) to submit monthly accounts of advance received by him for making payment in cash .
5) to maintain only one receipt books for all sums received by Bar Council .
III . OHER EMPLOYEES
214. The total number of members of the other staff required for carrying on the administration of the Bar Council shallfrom time to time be fixed by the Bar Council .
215. The Chairman or in his absence the Vice- Chairman may in consultation with the Executive Committee appoint any such employee
IV . SERVICE CONDITIONS
216. a) The scale of salary and allowances and other terms and conditions of service of such staff shall be determined by the Executive Committee from time to time and
b) The scale of salary and allowances and other service condition of service of Secretary and Accountantshall be determined by Bar Council from time to time.
217. The Maharashtra Civil Service Rules shall be applicable to the permanently appointed Secretary, Accountant and other Staff of the Council with regard to all kinds of leave , age of retirement , provident fund , gratuity , advances and all other matters excluding the pension payment .
218. ( 1 ) The Secretary, Accountant and all employees of the Council will be entitled to all public holidays which are declared by High Court of Mumbai for its non judicial staff.
(2) The Secretary, Accountant and none - of- the employees of the Committee will be entitled to any vacation known as summer, winter , Christmas or Diwali enjoyed by judicial officers of the High Court of Mumbai .
(3) Whenever meeting of Council or of any committee is convened on a day declared as holiday the Secretary shall requisite attendance of himself, of Account of Stenographer or of any other staff.
४३ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३ , शके १ ९ ४३
On such attendance the Secretary and Accountant shall each be paid Rs . 750 / - per day. Stenographers , Office Superintendent and Senior Clerk shall each be paid Rs . 500/- per day and other employees shall each be paid Rs . 350 /- per day as overtime remuneration under bill overdue signed and approved by Chairman of Council or of concerned committee or by concerned member conducting preliminary hearing in matter of complaint tiled under Section 35 of the Act and such employee shall not be on account of said attendance entitled to any compensatory work off , leave or overtime pay.
CHAPTER - 29
OFFICIAL CORRESPONDENCE
220. a) All correspondence letters , applications and dispatches received by the council in the name of any of its office bearers or staff shall be chronologically registered in Inward Register and inward register number and dote of its receipt in the council shall be noted thereupon .
b) The applications for enrollment , for issuance of identity cards , for change of name or address , for noting discontinuation or resumption of practice, for issuance of certificates of standingfor recommendation for notary, for issuing duplicate certificate of enrollment shall be complied or replied with as directed by the Secretaryby Office Superintendent of the Council or any other person authorized by Secretary within a week from receipt thereof.
c) All correspondence , letter or dispatches received from various authorities of State or Central Governments , of Bar Council of India , of other State Bar Councils of statutory bodies , of non- government organization and of various Bar associations shall be placed before the Chairman of the Council within a week from receipt thereof and directions issued thereupon by the Chairman shall be complied expeditiously by the Secretary who shall as early as possible report to the Chairman the compliance with his full official note .
d) Every proposal or application put up before Bar Council or before its any of the Committee shall be accompanied by detailed official note and recommendation signed by the Secretary.
Maintenance of Books of Accounts and Registers
221. 1. The Bar Council shall maintain the following books and registers:
(a) Minutes books of meeting of Council and all committee, ( b ) Daily Attendance Register for the staff ; ( c ) Leave Register for the staff ;, (d ) Attendance Register of members attending meetings of council and of its committee held in office of council , ( e) Day Book and Ledger; ( f) Receipt Book , (g ) Financial Assistance Register; ( h ) Provident Fund Account; ( i ) Property Register , (j ) Copy Application Register , ( k ) Complaint Register , ( 1 ) Disciplinary Committee Cases Register , (m ) Enrolment Register & Register of application for enrolment , (n ) Bar Association Register, (o) Inward / Outward Register , (p ) Rule 40 Register , Investment Register, ( s ) Compliance Register , ( t) Law college Register , ( u ) Service books of all employees except engaged on daily wages .
2.Theinformation in these registers should be self sufficient to comply with the provisions of The Rightto Information Act 2005 .
3.All the pages of the money receipt books and registers , before being taken for use , shall be consequently numbered , shall bear the seal of this council and shall on last page bear ४४
महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार, ऑगस्ट १९ -२५, २०२१/ श्रावण २८ भाद्र ३, शके १ ९ ४३
endorsement under signature of Secretary showing number of pages therein and date of commencement of its use .
222. Day Book and Ledger of the council shall be maintained in a form prescribed by the Finance Committee of the Bar Council from time to time and shall be verified by Accountant every month . Such book should be after verification of the account of the preceding month , be shown by Accountant to Secretary before 10th day of each succeeding month .
223. The registers referred to in Bar Council of India Rules 1975 shall be maintained in the form prescribed by those rules and changes if any are required therein those shall be approved by the Executive Committee of the Council .
224. All other Registers should be maintained in the form prescribed either by the Executive Committee orby Chairman in consultation with the Secretary .
225. TheSecretary of the Council shall at least once in two months inspect
and verify the entries in all registers maintained by the Bar Council and shall report any irregularity orimpropriety in regard thereof to the Executive Committee of Council .
226. The Chairman , The Vice- Chairman , or any member of the Council shall be entitled at any time to inspect any of the records or other papers of Council .
CHAPTER - 30
APPOINTMENT OF AUDITORS AND AUDIT OF ACCOUNTS
227. The Bar Council may from time to time appoint Internal Auditors and External Auditors for inspection and verification of its accounts including the accounts of all its funds and may from time to time fix their remuneration .
228. Internal Auditor and External Auditor shall on inspection certify that all receipts books and vouchers are crosschecked with concerned entries in relevant register and whether all concerned registers aremaintained regularly and properly or not .
CHAPTER - 31
EMPLOYES WELFARE FUND
229. Bar Council shall maintain Employees Welfare Fund which will be managed and operated by committee constituted therefore as per direction and guidance of Bar Council .
CHAPTER - 32
PRESERVATION OF RECORD
230. The record of the Bar Council , except
(a) the applications for enrollment , ( b) orders of transfer of advocates from this council , (c) applications for resumption of practice , orders passed by Bar Council of India of transfer of advocates to this Bar Council , ( e ) applications for membership of Welfare Fund constituted under Rule 40 of Bar Council of India Rules , ( f ) judgements passed in Disciplinary cases , ( g ) records of complaints and disciplinary cases which are not finally disposed off, ( h) balance- sheets and signed by auditors , ( i) ledgers of account . And records which is twelve or more years old may be destroyed by fire under the supervision of Accountant and Superintendent . certified ४५ महाराष्ट्र शासन राजपत्र भाग दोन - संकीर्ण सूचना व जाहिराती , गुरुवार ते बुधवार , ऑगस्ट १९ -२५, २०२१/ श्रावण २८ - भाद्र ३ , शके १९ ४३
CHAPTER - 33
FURNISHING CERTIFIED COPIES
231. The Bar Council of Maharashtra & Goa shall maintain copy application register having following columns :
1. Sr. No. , 2. Date of receipt of copy application , 3.DC enquiry No. , 4. D.C. Appeal No. if applicable , 5. Name and address in short of applicant, 6. Nature of the documents , 7. Charges payable , 8. Date of payment with receipt number , 9. Date when copy is ready , 10. Date of delivery of copies , 11. Signature for the receipt of certified copies , 12. Remarks .
232 To every certified copy applied for and furnished shall ordinarily be affixed a Rubber Stamp containing inter alia the following columns and signature of office superintendent of Council 1. Sr No. of copy application register, 2. Date of receipt of copy application , 3. Date of payment of charges . , 4. Date when copy discharged or delivered, 5.Signature of Superintendent .
CHAPTER - 34
SALE OF FORMS AND BOOKS
233 ( 1 ) Executive Committee shall prescribe from time to time various forms to be filled in by applicants or advocates while making applications to Council for the purposes of Act or Rules .
(2) Executive Committee shall prescribe from time to time the charges of fees of such applications to be leviable from the applicants .
(3 ) The Executive Committee shall from time to time decide as to which of the books and copies of the Gazette be printed and sold by the Bar Council and at what rates .
(4) The Accountant shall be custodian of all printed prescribed blank forms, of printed books and of printed Gazetted copies and shall cause to maintain stock register thereof in prescribed form .
(5) The stock register of prescribed forms , books and of printed copies of Gazettes shall be verified by the Accountant once in two months .
(6) The books of Rules framed by the Bar Council and by the Bar Council of India shall be available for sale in the office of the Bar Council .
CHAPTER - 35
REPEAL
234 . Ondate of enforcement of these rules , all the rules previously framed and enforced by the Bar Council with regard to relevant subjects shall stand repealed , provided that no act done under the provisions of repealed rules shall be invalidated or inoperative after enforcement of these rules .
PRAVIN Y. RANPISE , Secretary .
Mumbai,
Dated 17th August 2021 .
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DIRECTOR , RUPENDRA DINESH MORE .
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