RULES FOR ALLOTMENT OF

CHAMBERS OF STATE BAR COUNCIL BUILDING : 1998

(Approved by BCI in its meeting dated 17.10.1998)

These Rules may be called “The Allotment of Chamber Rules, 1998”.
These Rules shall come into force from the date they are approved by the Bar Council of India.
An Advocate on roll of the State Bar Council for atleast a period of ten years, shall be entitled to apply for allotment of Chamber. Each application shall be accompanied by Security Deposit of Rs. 1000/- Provided that and Advocate shall be entitled for allotment of Chamber only when he is regularly practising in the High Court. Provided further, if a licensee Advocate is not appearing in the High Court regularly for more than one year without reasonable cause, then it will be deemed that he is not in genuine need of the Chamber and in that event, his Licence of Chamber liable to be terminated.
The State Bar Council shall maintain a chronological list of application for allotment of chambers which shall ordinarily be allotted in that order. The State Bar Council may allot a Chamber except in the said order for reasons to be recorded in writing. Provided that at the time of allotment a sitting Member of the State Bar Council of Madhya Pradesh shall be given PRIORITY in the list on the following terms:

(a) That the chambers shall be allotted to the members of the State Bar Council on priority basis, on vacation of any chamber from any category. A separate list of the SBC Members shall be maintained, on seniority basis according to the date of their respective applications for allotment of chambers.

(b)  That the pre-conditions of 10 years practice shall not be applicable to such a Member of SBC of M.P.

(c)   If any two Members of the Bar Council, agree temporarily for a joint allotment of the chamber to them the allotment may be so made and even in that event such joint allottee shall be entitled to have a further right for allotment of a separate chamber in his own turn.

Provided further, that the allotment of Chambers made to the Members of the State Bar Council, under the above proviso shall not be cancelled on the ground that the allottee or any other co-allottee, does not remain Member of the State Bar Council.

            Provided further that in case at a place where the chambers are newly constructed and no list as above is maintained for allotment, the chambers shall be allotted on the basis of Seniority of advocates ; but irrespective of seniority a sitting member of State Bar Council shall have the priority in the allotment and if additional chambers are available, the condition of 10 years practice of Rule 3 shall not apply in such cases and security and other conditions shall be as determined by the Building Committee.

If the allot fails to take possession of the chamber within a month of receipt of letter of allotment, it shall stand cancelled automatically and the amount of security deposit shall be refunded to such allottee, after a deduction of 20%.
(a) The Chamber shall be deemed to have fallen vacant if the allottee of chamber :

(i)    is dead

(ii)   has left practice by getting his registration suspended or cancelled,

(iii)  has been elevated,

(iv) has not deposited license fee and/or electricity charges for a continuous period of three months without cogent reasons conveyed to the State Bar Council before the expiry of such period.

(v)   is using the same otherwise than for professional purposes,

(vi)  has sub-let the same and the fact of sub-letting is proved to the satisfaction of the State Bar Council,

Provided that the use of the chamber by the son, wife daughter of daughter-in law or sisters practicing with the advocate shall not amount to sub-letting,

(vii)    has been held guilty of a charge of professional mis-conduct by the State Bar Council of Bar Council of India or any Court.

Provided that the chamber shall not be got vacated on this ground till the time to appeal has expired or in case an appeal is filed, till the same is finally decided.

(viii) has been convicted for an offence relating to moral turpitude and

(ix)    is otherwise held dis-entitled to hold the chamber by the State Bar Council for reasons to be recorded in writing.

(b)    The Secretary of the State Bar Council shall always be deemed authorised to take possession of the chamber falling vacant or deemed to have fallen vacant under any of the sub-clauses of clause (a).

Provided further that if the concerned chamber falls vacant or is deemed to have fallen vacant under any of the sub-clauses (i), (ii) and (iii) of Clause (a) of Rule 6, the Associate shall not have any right whatsoever to retain or use the chamber.

Provided that whenever and where-ever Chamber shall be constructed after charging the construction cost or deposit for construction in that case allottee shall be entitled to nominate his successor to retain the chamber and nomination shall be confined to his wife, son, daughter, sister and brother, practicing with him.

(a) The allots of the chambers shall be licensees of the State Bar Council of Madhya Pradesh Council and not its tenants. One key of the chamber shall be retained by the Secretary of the State Bar Council. The chamber shall be used for only professional purposes on all working days only.

(b)    They shall pay a license fee as per agreement entered into with the State Bar Council on terms which shall be determined by the State Bar Council

(c)    The State Bar Council may provide for a flat rate of license fee for the chambers existing and to be increased automatically every two years by 15% on the then existing rates. Provided that the State Bar Council may determine different rates of license fees as well as security deposit for chambers to be constructed in future.

(d)               All the money received by the State Bar Council as security deposit shall be refundable without interest after chamber falls vacant as per rule 6(a) to the chamber-holder or his nominee, as the case may be, after adjusting the amount of damages etc.

The Chamber-holders shall pay electricity charges for the energy consumed by them. Meters or sub-meters shall be got installed by the State Bar Council at the expenses of Chamber-holders Provided that the meter or sub-meter installation charges recovered from the allottee, shall be made refundable to him or his nominee, as the case may be, when the chamber falls vacant under Rule 6(a) by the subsequent allottee of the chamber.
The Chamber-holders shall be liable to keep the chambers in good repairs. No addition or alteration shall be permitted and no additional fittings or fixtures shall be allowed to be made unless permitted in writing by the Bar Council.
The Advocates in the waiting list shall be called upon to deposit an extra amount of Rs. 700/- towards security deposit in order to make the amount of Rs. 1000/- within a time to be specified in the notice given for this purpose. If the amount is not so deposited, his name shall be dropped from the Waiting List and the previously deposited security amount shall be refunded after deduction of 20% as per Rule 5. Provided that the registration of an Advocate in the Waiting List shall be cancelled in case a contingency arises as provided in Rule 6(a) (i), (ii), (iii), (vii) or (viii).
The sum received by the State Bar Council by way of security deposit from the chamber holders are the applicants desirous for allotment of chambers shall be fixed deposit in a Nationalized Bank and shall only be used, if necessary for building purposes after a Resolution having been passed by the State Bar Council in this regard.
(a) The allotment of Chamber Rules, 1987 are hereby repealed.

(b) Any agreement or contracts entered into by the State Bar Council under the repealed Rules shall be deemed to have been entered into under these Rules ;

Provided that the State Bar Council shall have a right to amend, modify, alter or substitute the subsisting contracts or agreements if there is anything repugnant hereto in such agreements of contracts.

Provided further, that in case any change, amendment or modification is made in these Rules in future, the then subsisting contracts or agreements entered into by the State Bar Council with the Chamber-holders may be amended, modified, altered or sub-constituted accordingly and the Chamber-holders shall abide by any such changes.

If any dispute arises with regard to the interpretation, implementation or application of these Rules, the decision of the State Bar Council shall be final and binding. w
The other terms and conditions shall be as per the allotment of chambers Rules, 1987.

Bar Council of MP