STATE BAR COUNCIL OF MADHYA PRADESH
(Approved by the Bar Council of India)
In exercise of the powers conferred by Section 15 (1) and (2) and Section 28 (1) and (2) read with Sections 9,10,11,12,17,21, 25 and 26 of the Advocates Act (XXI of 1961), the State Bar Council of M.P. with the approval of Bar Council of India as required under Section 15 (3) and 28 (3) makes the following rules : -
CHAPTER – I – COMMITTEE
There shall be –
(A) The Executive Committee
(B) The Enrolment Committee &
(C) One or more Disciplinary Committees.
There may be such other Committees, as may from time to time be
constituted , including : -
i) The Finance Committee
ii) The Examination Committee
iii) The Rules Committee
iv) The Legislation or Reforms Committee &
v) The Privileged Committee and any other Committees that may
appointed from time to time by the State Bar Council.
PART II STAFF OF THE BAR COUNCIL
1. The State Bar Council shall appoint a Secretary, paid or honorary and may appoint : -
i) One Accountant
ii) One more clerk
iii) One or more peons.
2. In case or stipendiary appointments, the following rules shall apply
namely : -
QUALIFICATIONS AND CONDITIONS OF SERVICE OF THE
STIPENDIARY SECRETARY, ACCOUNTANT AND
(i) The Secretary of the Bar Council shall on the date of
Appointment : -
(a) Have obtained a degree in law of a University in India.
(b) Have been an Advocate of less than five years standing.
The Bar Council shall determine the emoluments of such person
(ii) The Secretary shall be a full time employee of the Bar Council and shall draw a salary in the scale of Rs 300-25-800 and benefits of the provident fund and leave salary at such rates admissible under the rules. Every newly appointed Secretary shall be under probation for a period of one year. He shall not be entitled to practice as an advocate during his term of office.
(iii) The Secretary shall retire on attainment of 55 years provided the Bar Council may in case of a Secretary otherwise physically fit extend his tenure for a period not exceeding three years.
3. ACCOUNTANT. : - The Accountant of the Bar Council shall on date
of his appointment.
(i) be not more than 30 years and possess all or any of the
qualifications specified in (ii) & (iii) below:
(ii) hold the degree or diploma in Accountancy of a recognized
(iii) Has obtained a degree of any recognized University in B.Com.
or its equivalent.
4. The Bar Council may appoint such number of Clerks, Stenographers, Typists and Peons as may be required on such terms and conditions as it may determine. The Accountant and the other members of the staff shall retire at the age of 55 and draw such salaries as may be determined by the Bar Council from time to time. They shall also be entitled to leave salary and Provident Fund benefits as may be determined by the Bar Council.
5. The Bar Council may alter or amend the regulations relating to the Secretary, Accountant or other employees from time to time and also relax service conditions in suitable individual cases.
CHAPTER - III - ACCOUNTS & AUDITS
MAINTENANCE OF BOOKS OF ACCOUNTS & OTHER BOOKS OF THE BAR COUNCIL
The Bar Council shall maintain inter alia the following Books of Accounts: -
(a) Ledger and Day Book, Cash Book
(b) Register for despatch of letters and letters received.
(c) Stock Book showing properties – movable and immovable
and other articles belonging to the Bar Council.
(d) Separate Minutes Book and proceedings of the Bar Council
and each of its Committees.
(e) Apprentices Register and Register of Applications for
(f) Register regarding applications for Examinations.
(g) Register of Complaints against Advocates, action taken
and matters referred to Disciplinary Committee and result of the inquiry.
(h) Register of Books, Journals and other periodicals purchased
or otherwise belonging to the Bar Council.
(i) Roll of Advocates.
(j) Registers regarding staff of the Bar Council, their attendance
period of absence etc.
(k) Provident Fund Accounts of Employees.
(l) Endowments Register.
(m) Gratuity Register.
(n) Acquaintance Roll.
(o) Separate file containing Rules of the Bar Council
with amendments made from time to time and other file containing Rules of All India Bar Council with amendments
(p) Register of directions received from time to time from the Bar Council of India.
RULES FOR AUDIT
1. The Accounts of the Bar Council shall be audited by auditors duly qualified under Section 12 (2) of the Act, at the end of each financial year.
2. As soon as the Accounts of a Bar Council have been audited, the Secretary of the Ba4 Council shall send a copy of such Accounts together with a copy of the report of the auditors thereon to the Bar Council of India.
3. The Auditor shall be appointed within 15 days of the end of such financial year by the Executive Committee, which shall be summoned by the Secretary of the Council. The Auditor shall be a Chartered Accountant.
CHAPTER – V - RULES .MEETING OF THE BAR COUNCIL
1. After elections to the State Bar Council under Section 8 of the Advocates Act are held, the first meeting of the Bar Council shall be called, as far as possible within 30 days from the date of declaration of the result of the election to elect the Chairman and Vice-Chairman of the Council. A notice of at least 21 days shall be given for the general meting to be held for this purpose. The notice of the meeting shall be sent by hand delivery or registered post. The first meeting of the Council shall be presided over by the Advocate-General, but if for some reasons the Advocate-General does not attend the meeting, then the Council shall appoint any one of the members who is not a candidate for the election of Chairman or Vice-Chairman to preside over the meeting.
1. (A) No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
2. Meeting of the Bar Council shall be convened by the Secretary under the direction of the Chairman, who shall determine the time and place thereof provided that no meeting shall ordinarily be convened for any date within the Summer Vacation of the High Court.
The Secretary shall, in consultation with the Chairman, circulate the agenda of the General meeting, intimating the proposed date, time and place of such meeting, at least 10 days before the meeting. The notice of the meeting shall be sent by hand delivery or by registered post.
An Extra-ordinary Meeting of the Bar Council shall be convened by the Chairman on a requisition in writing signed by not less than seven members of the Bar Council.
3 The Agenda for such meeting of the Bar Council shall be settled by the Chairman.
4. The quorum for a meeting of the Bar Council shall be eleven.
If the meeting is, however, adjourned for want of quorum, the adjourned meeting shall be held on the same day if this fact is mentioned in the notice for convening the meeting and the minimum quorum for the adjourned meeting shall be seven.
In the adjourned meeting no business, which has not been included in the Agenda of the meeting, shall be transacted.
5. Resolutions of the Bar Council shall ordinarily be decided by show of hands unless five of the members present make a request for voting by ballot on any particular matter. Each member of the Bar Council shall have one vote and if the votes are equal, the Chairman shall have casting vote.
6. The points of order raised during the meeting shall be considered and recorded. The decision of the Chairman on those points of order shall be final and the same should be reduced to writing.
7. Any business of the Bar Council may be transacted by circulation on a reference by the Chairman provided that any three members may require any such item of business to be transacted only at a meeting of the Council.
7. (A) If an urgent action by the Council becomes necessary, the Chairman of the Council may permit the business to be transacted by circulation of papers to the members of the Council. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Council. The action so taken, shall be forthwith be intimated to all the members of the Council. The papers shall be placed before the next meeting of the Council for confirmation.
8. A member of the Bar Council or any other Committee or Election Tribunal or any Tribunal constituted under the Advocates Act, 1961, and the rules made there under, attending the meeting shall be entitled to traveling allowance of AC-II Class Fare from the place of his ordinary place above to the place of the meeting and one AC-II Class Fare from the place of meeting for his return journey.
9. Members of the Council, Committee, Election Tribunal or any other Tribunal constituted under the Advocates Act, 1961, and the Rule made thereunder, attending a Meeting at a given place shall be allowed daily allowance of Rs 200 / -per day, such daily expenses being admissible only for the days on which such member attends the meeting provided that if two or more meetings are held on the same date, only on such daily allowance shall be admissible to such member.
10. On receipt of a notice for holding an extra-ordinary meeting of the Council, the Secretary shall issue a notice for the extra-ordinary meeting fixing a date for the meeting not later than three weeks from the date of receipt of the requisition and the agenda of the extra-ordinary meeting shall include the items mentioned in the requisition letter apart from any other items mentioned in the requisition letter apart from any other item of the Agenda that may be placed for consideration.
11. There shall be ordinarily 6 meetings of the Bar Council in a year.
12. The Council may adjourn from day to day or any particular day, without further notice.
13. A member shall address to the Chair when speaking at a meeting of the council and he shall be entitled to speak only once on each subject, unless otherwise required or permitted by the Chairman to do so.
14. Save as otherwise provided in these rules, the decision of any matter shall be by majority, and in the case of equality of votes, the Chairman of the meeting shall have a second or casting vote.
15. No matter once decided shall be reconsidered for a period of three months unless the Council by a two-third majority of the members present, so permits.
16. In absence of the Chairman and the Vice-Chairman at any meeting, a member chosen by members present shall preside at the meeting.
CHAPTER - VI
RULES COMMON TO ALL COMMITTEES
1. Election of Members – The State Bar Council shall elect the Members of the Committees as specified in the Act and under Rules in its first meeting or at a meeting as soon as possible thereafter held after the elections to the State Bar Council or under Section 8 of the Act.
2. Voting – The elections to the Committee by the State Bar Council shall be held in case of contest by ballot and every member of the State Bar Council have as many votes as there are members to be elected to each Committee and no member shall cast more than one vote in favour of one candidate.
3. Conduct of Elections –The elections to the Committee shall be conducted by the Chairman of the State Bar Council. In case the Chairman of the State Bar Council is a candidate for being elected as a member of any of the Committee, the State Bar Council, before proceeding with the elections to such Committee, shall appoint any one of its members who is not a candidate for election to such Committee to conduct the election to such committee and to declare the result under his signature.
4. Tie – In case of a tie of votes between two or more candidates for election to any Committee, the Chairman or the members appointed under Rule 6 shall draw lots there and then declare the result of the elections contemplated under Rule 6.
5. Duration – The term of office of the Committee mentioned in Rule 3 shall be two years from the date of their elections and they shall continue to function until the State Bar Council elects the new Committee under Rule 4.
6. Election of President – Each Committee shall elect a President at its first meeting as far as possible who shall hold the office during the entire term of the Committee. In case of vacancy of the office of the President occurring during the term of the Committee, shall elect a new President for the remainder of its term.
7. Casual vacancy to be notified. – In case of a casual vacancy amongst the members of the Committee, the Chairman shall notify the fact of such vacancy to the Secretary of the State Bar Council who in his turn, shall convene a meeting of the State Bar Council to fill in by election the said vacancy in the manner prescribed by the Rules.
8. Casual vacancy when occurring. – A casual vacancy shall be deemed to occur in the office of the Chairman or member of the Committee if such Chairman or member of the Committee resigns his post by a letter addressed to the Secretary or ceases to be a member of the State Bar Council or remained absent without the leave of the Committee in three consecutive meetings of the Committee.
9. The Secretary of the Committee – The Secretary of the State Bar Council shall be the Secretary of such Committee and shall call its meeting on the directions of its President. He shall maintain the minutes of the proceedings of such committees and shall execute the directions of the Committees.
10. Functions of the President. – The President of a Committee shall preside over its meetings. In case of his absence in any meeting of the Committee, the members of the Committee present at any such meeting shall elect one from amongst them to preside over such meeting.
11. Resolutions. – The resolution of the Committee shall be passed by show of hands. Each member present shall have one vote and in the case of equality of votes, the President of the meeting shall also have a casting vote. Special invitees if any, shall not participate in voting.
12. Calling of Meetings – The Secretary in consultation with the President of a Committee, shall circulate the agenda for the meeting of such Committee to its members or such other person who is specially invited and shall intimate to them the date, time and place of such meeting at least seven days before such meeting of any Committee.
13. Service of Notice. – The Secretary shall issue notice of meeting of any Committee to be served on the members of the Committee either by hand delivery or by registered post.
14. Extra-ordinary meetings. – In case of an extra ordinary meeting of a Committee, the period of seven days notice prescribed by Rule l2 shall not apply but 3 days notice shall necessarily be required to be given.
15. Each Committee except the Disciplinary Committee shall consist of such number of members as may be determined by the Council.
16. At all meetings of a Committee three members shall form a quorum except the Enrolment Committee in which two members will form a quorum, provided however, that notice in this Section shall apply to the Disciplinary Committee.
17. No quorum will be required for a meeting adjourned for want of a quorum but no business not included in the agenda of that meeting shall be transacted at the adjourned meeting. An adjourned meeting can be held on the same day or any other day.
18. Any Committee may refer any question of importance to the Bar Council for its decision.
CHAPTER - VII
THE EXECUTIVE COMMITTEE
19. Application of Rules – The Rules 20 to 33 shall govern the conduct of its business by the Executive Committee.
20. Function of the Executive Committee. – The Executive Power of the State Bar Council shall vest in the Executive Committee and it shall, in exercise of such power, perform all the functions as may be assigned to it by the Bar Council and by these rules.
21. Taking over of the functions of certain Committees. – In case of any other Committees appointed by the State Bar Council except the Disciplinary Committee and the Enrolment Committee, cease to function on account of any reason whatsoever, the Executive Committee shall perform all its functions and exercise all its powers till a new Committee is appointed by the State Bar Council as prescribed under the Act and the Rules.
22. Powers to appoint members of the staff etc. – The Executive Committee shall have the power to appoint, promote, punish and discharge or dismiss any employee of the State Bar Council except the Secretary in the manner prescribed under the rules made by the State Bar Council in that behalf.
23. Control over the staff. – The Executive Committee shall exercise full control over all the employees of the State Bar Council and shall determine all questions relating to the eligibility of promotion, gratuity, provident fund, pensions and all other questions relating to their employment as prescribed under the rules made by the State Bar Council in that behalf with prior approval of the Bar Council.
24. Casual leave. – Notwithstanding anything contained in Rule, the President or the Secretary shall have the power to grant the casual leave to the employees of the State Bar Council to which they may be entitled under the Rules made by the State Bar Council in that behalf.
25. Meetings. – The Executive Committee shall meet at least once a month except during High Court vacation unless the President, in his discretion, otherwise directs in respect of any particular meeting.
26. Quorum – At all meetings of the Executive Committee three members present shall form a quorum and no business shall be transacted at any meeting in absence of such a quorum.
27. Emergency Expenditure by the Committee. – The Executive Committee shall have the power to spend a sum not exceeding Rs 1,000/- per month for any unforeseen purpose for which there is no provision in the budget and the President shall report such expenditure to State Bar Council at its next meeting.
28. Payments. – All the payments to be made by the State Bar Council shall be made after the Executive Committee sanctions them provided, however, the President shall have the power to order the payment of a sum not exceeding Rs 50/- in any month in anticipation of the sanction of the Executive Committee. The President shall, however, obtain the necessary sanction therefor at the next meeting of the Executive Committee.
29. Budget. – The Executive Committee, shall upon receipt from the Finance Committee, present to the State Bar Council the Budget of Income and Expenditure of the State Bar Council for the next financial year before the close of outgoing financial year.
30. Supplementary Grants. – The Executive Committee may present to the State Bar Council supplementary demands for grant of any time during the course of the financial year.
31. Duties of Secretary. – The Secretary, under the directions of the Council and the President of the Executive Committee, shall conduct all the official correspondence of the State Bar Council, issue all notices required to be issued under the Act or under any of the Rules made thereunder, keep Minutes Books, supervise the work of the office of the State Bar Council, grant copies of such documents as are permitted by the President of the Executive Committee by a general or special order, certify them to be correct, allow inspection of such records as are permitted by the President of the Executive Committee by a general or special order, be the custodian of the records , library, common seal and such other property of the State Bar Council as it might possess from time to time and shall 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 him to maintain.
32. The President of the Executive Committee shall call an extra-ordinary meeting of the Committee within forty eight hours of the receipt of the written requisition for such meeting by any four 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.
33. Proceedings of other Committees. – The Executive Committee may pursue the proceedings of any Committee other than. Disciplinary Committee, Enrolment Committee and may invite its attention to any part of the proceedings.
CHAPTER - III
THE ENROLMENT COMMITTEE
34. Application of Rules. – The Rules 35 to 37 shall govern the conduct its business by the Enrolment Committee.
35. The Enrolment Committee shall dispose of in the manner prescribed under the Act and the M.P. State Bar Council (Enrolment Rules, 1962,) every application for admission as an advocate referred to it by the Secretary of the State Bar Council under Section 26 of the Advocates Act.
36. Meetings. – The Chairman shall direct the Secretary to convene such meetings of the Enrolment Committee as he thinks fit for the disposal of the business required to be transacted by the Committee. However, he shall call a meeting of the Committee.
37. Quorum. – At all meetings of the Enrolment Committee, two members present shall form a quorum an no business shall be transacted at any meeting in the absence of such a quorum.
CHAPTER - IX
38 Application of Rules. – The Rules 39 and 40 shall apply only to the Disciplinary Committee.
39. Function. – The Disciplinary Committee shall perform all the functions assigned to it under the Act in accordance with the Rules made by the Bar Council of India under Section 49(f) of the Act.
40. Meetings. – The President of the Disciplinary Committee may cause such meetings of the Committee to be convened b y the Secretary as he may think fit for the disposal of the business pending before it. He, however, shall call a meeting of the Committee with all disputes in case he is directed to do so by the State Bar Council for the disposal of such business as the State Bar Council directs.
CHAPTER - X
Rules under Section 28(2) (b) read with Section 24 (1) (d)
(Rule 41 to Rule 86 Regarding Training not cyclostyled.)
CHAPTER – XI
THE FINANCE COMMITTEE
.87. Application of Rules – Rules 88 to 96 shall be applicable to the Finance .
88. Budget Proposals. – The Finance Committee shall prepare in February
every year a budget of estimates of receipts and expenditure of the State Bar Council for the next financial year and submit it to the Executive Committee by the first week of March for being placed before the Executive Committee..
89. Checking of Accounts. –The Finance Committee shall check and audit the accounts of the State Bar Council and prepare the annual statement of accounts and balance sheets and shall report to State Bar Council any irregularities in the accounts which it may find. It shall also every year cause the accounts to be audited by the auditor or auditors appointed in that behalf by the State Bar Council and shall forward through the Executive Committee and auditor’s report to the State Bar Council.
90. Report on Emergency Expenditure.. The Finance Committee shall report on any matter of expenditure specifically referred to it by the Executive Committee.
91. The scrutiny of Expenditure. The Finance Committee shall scrutinize the emergency expenditure by different committees and their President shall report thereon to the Executive Committee.
.92. The investment of funds. The Finance Committee shall make recommendations to the Executive Committee for the investment and management of the funds of the State Bar Council with its opinion records thereon...
93. The Finance Committee shall meet at least once in every month except during High Court Vacation..
94. The President of the Finance Committee may direct the Secretary to call an extra-ordinary meeting of the Committee for the transaction of such business as he may deem fit. He shall direct the Secretary to call such an extra ordinary meeting of the Committee on a written request therefor by any two members of the Committee,. No business except the one notified to the members shall be transacted at such extra ordinary meetings.
95. Quorum. – At all meetings of the Finance Committee three members present shall form a quorum and no business shall be transacted at any meeting in absence of such a quorum.
CHAPTER – XII
RULES MAKING COMMITTEE
96. Application of Rules. – Rules 97 to 102 shall apply to the Rules Making
97. Draft of Rules. – The Rules Making Committee shall prepare and submit to
the State Bar Council the draft of the Rules required to be framed under the Act.
98. Modifications in Rules – The Rules Making Committee may suggest to the State Bar Council from time to time any modifications, alterations or additions to or omissions from the Rules framed under the Act.
99. Forms. – The Rules Making Committee shall submit to the State Bar Council draft of several forms prescribed by the Act and may recommend to it from time to time such modifications therein as it may deem fit.
100. Meetings. – The President of the Rules Making Committee may cause such meetings of the Committee to be convened by the Secretary as he may think fit for the disposal of its business. He shall call a meeting of a Committee with all possible disputes in case as he is directed to do so by the State Bar Council for the disposal of any business which the State Bar Council may direct him to place before the Committee. The President of the Committee shall forthwith direct to the Secretary to all an extra ordinary meeting of the Committee to transact such business as has been requested for and no other business shall be transacted at such a meeting except the one notified to its members.
101. Quorum. – At the meetings of the Rules Making Committee, three members
present shall form a quorum and no business shall be transacted at any such meeting in absence of the quorum
LEGISLATION & LAW REFORMS COMMITTEE
102. It shall be the duty of the Legislation and Law Reforms Committee to examine the provisions of all laws, Bills, proposed Rules and Bye-Laws, Ordinances and Regulations from time to time and report its opinion to the State Bar Council. It shall also deal with the references received by the Council for eliciting opinion on questions of Law and Legislation.
CHAPTER XIV – PRIVILEGES COMMITTEE
103. The Privileges Committee shall take up all matters in which the rights,
privileges and interests of Advocates are involved and communicate its decision as to the steps required for redress to the State Bar Council. The Secretary, State Bar Council, on receipt of any such report by the Council shall immediately communicate the same to all Members for their opinion and action. The communication made to the Committee or the State Bar Council, by any Advocate, shall be treated as absolutely confidential.
CHAPTER XV – MISCELLANEOUS
104. Ad Hoc Committee. – Any other Committee, appointed by the State Bar Council, shall follow, as far as may be, the procedure prescribed in these Rules and shall have such powers and duties ass may be assigned to it by the Council.
CHAPTER - XVII
POWERS AND DUTIES OF THE CHAIRMAN AND VICE-CHAIRMAN
109. Save as otherwise provided in the Act or in the Rules made under the Act, the Chairman shall exercise a general control and supervision over all matters of the Bar council.
110. The Chairman may call for a meeting of the Bar council when he receives
a requisition signed by not less than three members of the Bar council..
111. The Chairman shall preside over all the meetings of the Bar Council.
112. The Chairman shall have a casting vote at all meetings whenever voting is taken and the votes are equal.
113. The decision of the Chairman on all points of order raised at any meeting shall be final..
114. The Chairman shall disburse the salaries of the staff of the Bar Council and authorizes s the incurring of routine expenses of the Bar Council.
115. The Chairman shall make payment for the aforesaid purpose, by cheques drawn by himself and countersigned by the Treasurer.
116. He shall perform such other functions as may be delegated to him by the Bar Council.
117. The Vice-Chairman shall exercise all the powers and discharge all the functions of the Chairman, in the absence of the Chairman or in the event of his inability to discharge his functions He shall perform such other functions as may be delegated to him in writing by the Chairman.
CHAPTER - XVIII
118. The Bar Council shall elect a Chairman and a Vice-Chairman from amongst its members for two years.
119. Any candidate for the office of Chairman or Vice-Chairman shall be
proposed by one member and seconded by another member.
120. The election of Chairman or Vice-Chairman unless unanimously agreed
upon by all the members present at the meeting, shall be by show of the hands.
In case of the tie, the election shall be decided by drawing of lots.
121. The Chairman, the Vice-Chairman and the Treasurer of the Council, shall hold office for a period of two years or till they cease to be members whichever is earlier.
122.-A The Chairman, Vice-Chairman or the Treasurer of the Council could be removed by a vote of no confidence passed by majority of the members, present and voting in a meeting of the Council especially called for the purpose, provided that at least 7 members of the Council have signed the requisition for holding such a special meeting, and such meeting shall be called within a period of 21 days from the date of receipt of the requisition by the Secretary.
122-B. That the Bar Council by a resolution may reconstitute any of its committee elected earlier by it, provided that the requisition for the purpose signed by at least 7 members of the Council is received by the Secretary, and such a special meeting shall be called within 21 days from the date of receipt of the requisition by the Secretary.
CHAPTER – XIX
MANAGEMENT & INVESTMENT OF THE FUNDS OF THE COUNCIL
125. The money of the State Bar Council shall be deposited in the State Bank of India or the M.P. State Co-operative Bank Ltd., or in the Allahabad Bank Ltd., or any other scheduled bank at Jabalpur, in current or savings account in the name of the State Bar Council of M.P.
126. There Secretary may keep on hand imprest sum of Rs 500/- for contingent expenses.
Rule l27(a) All moneys to be paid to the Bar Council by way of enrolment fee or any other fee prescribed under the Advocates Act, 1961, or the Bar Council rules shall be paid to the Secretary in the form of cash or by bank draft.s. All such money received by the Secretary shall be deposited in the Savings Account of the Council in any approved Scheduled Bank of the same day or in case the money has been received after the Bank hours , the same shall be deposited into the Bank on the next Bank working day..
127(b). Every cheque on the bank shall be signed by the Chairman or the Vice-Chairman and the Treasurer of the Council.
CHAPTER – XX
*128. There shall be a notification by the State Bar Council of M.P. as set out hereunder. Copies of the Notification may be sent to the High Court with a request to have the same sent to all the Judicial Officers within its jurisdiction, to the Government of India and Government of M.P. with a request to have the same sent to all the Departments. Copies may also be circulated to other important institutions, such as the Bar Associations in the State.
THE STATE BAR COUNCIL OF M.P. JABALPUR
Rules under Section 28(2) and Notification under Section l7(l)(a)of the Advocates Act, 1961.
Members of the Bar should be aware of Section 17(1) (a) of the Advocates Act, 1961, which is as follows : -
“(1) - Every State Bar Council shall prepare and maintain a roll of Advocates in which shall be entered the names and addresses of : -
(a) All the persons were entered as Advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 ( 38 of 1920), immediately before the appointed day and who, within the prescribed time, express an intention in the prescribed form to practise within the jurisdiction of the State Bar Council.”
It would be clear from Section 17(1)(a) that unless the intention to practise is expressed within the prescribed time in the prescribed manner to practise within the jurisdiction of the State Bar Council, their names will not be entered in rolls and consequently they would not be advocates within the purview of the Advocates Act, 1961. Hence, every person whose name is entered as Advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (immediately before 1.12.61 i.e. appointed day) shall express his or her intention to practise within the jurisdiction of the State Bar Council of M.P. to reach the on or State Bar Council before 30 .11.63
Any such intimation of expression of intention should be in the from specified in the annexure with all particulars correctly entered and duly signed. The said letter containing intimation can be handed over to the Secretary, State Bar Council or sent by post to reach him before the said date.
If any such letter containing intimation reaches the Secretary, State Bar Council, after the date specified aforesaid, his or her name will not be included in the roll and such person whose name is not so included will not be an advocate under the Act and will not be entitled to practise as an Advocate.
Dated ________ State Bar Council of M. P.
CHAPTER -- XXI
CONDITIONS OF ENROLMENT
129. Any person who holds a Degree in Law of any of the Universities in
India as are or may be recognized by the Bar Council of India may be admitted as an Advocate on the rolls of the M.P. State Bar Council, on undergoing a period of apprenticeship and on passing the examination, attending the lectures, and complying with the other requirements specified in Chapter X of these rules.
130. A person who has undergone a period of training as required under Section 24(1)(d) who applies for enrolment shall file an application in Form No 11 in the appendix to these rules and furnish the following : -
(a) A receipt from the State Bank of India showing credit to the State Bar Council of M.P. of the payment of Rs 250’-.
(b) Certificate of character from two advocates of not less than five years standing other than his Master or Masters, acquainted with the apprentice, in Form No 12 of the Appendix to thee rules.
(c) A statement in Form No 13 in the appendix to these rules signed by his Master or Masters after the expiry of his period of apprentice-ship.
(d) The Court and chamber Diaries maintained by the Apprentice.
(e) A certificate granted by the University or the Diploma showing that he has taken the degree in Law as required to be passed under these rules.
(f) A certificate showing that he has attended not less than 50% of the lectures in each of the subjects provided for under these rules.
Provided that in cases governed by proviso (1) to Section 24 (1) (d), the following additional documents shall be filed : -
(i) A declaration from the applicant that he has received practical training
in England as required (if he is a Barrister)
Provided further that in cases governed by Proviso (ii) to Section 24 (1 )(d) the following additional documents shall be filed.
(i) A certificate from the Registrar of the High Court or the District Judge or the Collector giving particulars as to the judicial office held by the applicant as required or a certificate from the Secretary of the Law Department of the Government of India stating that he is a member of the Central Legal Service and in case of persons who have retired, resigned or whose services have been terminated, a certificate from the Head of the office where he last worked, about the circumstances of his retirement, resignation or termination of service.
Provided further that the cases governed by proviso (v) to Sec. 24 (1) (d), the following additional documents shall be filed : -
(i) A certificate as may be required by the State Bar Council introducing legal training or experience declared by the Bar Council of India to be exempted from the provision of this clause.
131. The Enrolment Committee of the State Bar Council may require a candidate to appear before it in support of any statement made by him in his application or to furnish such other particulars as may be required.
132. The Enrolment Committee of the State Bar Council shall consider such objections as may be urged against the enrolment of any person as Advocate, and may, if necessary, call upon: -
(a) The person objecting to the enrolment
(b) The applicant for enrolment to appear before it or to produce
such information on such matters as it may consider necessary.
133. If, after scrutiny of the papers and the consideration of any objection to the enrolment, if any, the Enrolment Committee considers that the person who applies for enrolment is a fit and proper person to be enrolled, it shall make an order on the application.
If the papers are not in order, or if the person who has filed an application is not in its opinion a fit and proper person to be enrolled it shall record its opinion why the application should be rejected and refer the application under Section 26(2) of the Advocates Act, 1961. to the Bar Council of India.
134. The State Bar Council shall furnish on payment of Rs 5/- a copy of the order of rejection to the person who applies for enrolment.
135. The Roll of Advocates to be maintained by the State Bar Council shall be in Form No 16.
136. The State Bar Council may furnish duplicate copies of Examination Certificate or a certificate of attendance at lectures or a copy of the certificate of
Enrolment issued under Section 22 on an application to the State Bar Council and on payment of Rs 5/- to the credit of the State Bar Council into the State Bank of India, or a postal order for Rs 5/- in favour of the State Bar Council duly crossed if the original certificate granted by the State Bar Council should have been lost or should not be traceable. Every such application shall be accompanied by a receipt showing payment of the said sum.
137. Every Advocate shall notify to the State Bar Council from time to time any change of address and all suspension or resumption of practice. Every such intimation shall contain the Roll No. of the Advocate, the date of his enrolment, the address and other necessary particulars.
138. The name of every person enrolled as an Advocate will be entered in the same form in which it is entered in the Diploma or Certificate granted by the University in token of his having taken the Law Degree. A person who wants his name as it appears in the Diploma or Certificate altered should apply to the University and file the Diploma or certificate as altered. Any person enrolled as an Advocate who desires to have an alteration of his name effected in the records of the State Bar Council should make an application to the State Bar Council.
139. A person who has exercised judicial power at the time of his retirement from service may be enrolled as an Advocate subject to the condition that he will not be permitted to practise for a period of two years from the date of his retirement within the area in which he exercised such powers last.
RULE under Sec. 28 (2) (c) read with Sec. 15 (1) (i) and 26.
140. An application for admission as an Advocate on the roll of the State Bar Council of M.P. shall be made in the form prescribed by the Council. The application shall be scrutinized by the office and submitted to the Enrolment Committee of the State Bar Council . The Enrolment Committee shall be proceed to dispose of every application in accordance with the provisions of the Act, the rules made thereunder and the resolutions passed and/or directions given and/or the principles laid down from time to time by the State Bar Council then in force.
141. In the event of the Enrolment Committee feeling any doubt or difficulty as to the eligibility of the person seeking admission or as to the interpretation of any of the provisions of the Act, the rules, resolutions or directions or principles, it shall refer the application to the State Bar Council for clarification of such doubt, difficulty or such question and shall finally dispose of the application in the light of the ruling and/or directions given by the State Bar Council in that behalf.
142. If the Enrolment Committee should be of the opinion the any application for admission made to the State Bar Council and referred to it for disposal ought to be rejected, it shall record its reasons in a statement and shall refer the application under Sec. 26 (2) of the Act for the opinion to the Bar Council of India and dispose it of in conformity with the opinion of the Bar Council of India.
Rules framed under Section 28 (2) (d) read with Section 24 (1) (e)
143. A person who is otherwise qualified to be admitted as an Advocate but is either in full or part time service or employment or is engaged in any trade, business or profession shall not be admitted as an Advocate.
Provided, however, that this rule shall not apply to :-
(i) Any person who is law officer of the Central Government or the Government of a State or of any public Corporation or body constituted by statute.
For the purpose of this Clause a “Law Officer” shall mean a person who is so designated by the terms of his appointment and who by the said terms is required to act and/or plead in courts on behalf of his employer.
(ii) Any person who is an Articled Clerk of an Attorney.
(iii) Any person who is in part - time service as a Professor, Lecturer or Teacher-in-Law.
(iv) Any person who by virtue of being a member of a Hindu Joint Family has an interest in a Joint Hindu Family business, provided he dose not take part in the management thereof ; and
(v) Any person or class of persons as the State Bar Council may from time to time exempt after the approval of the Bar Council of India.
(i) Every person applying to be admitted as an Advocate shall be enrolled as such subject to the following conditions :
144 (a) That he shall within a month from the date of his enrollment
become a member of the Bar Association where he proposes to practise and meticulously observe the rules of that Bar Association. In case of change of place of practice he shall become a member from the date of giving intimation thereof to the Bar Council.
EXPLANATION : “Bar Association” means a Bar Association recognized by the State Bar Council of Madhya Pradesh under the rules framed by it for the purpose, namely “Rules for recognition of the Bar Associations by the State Bar Council of Madhya Pradesh.”
(b) That he shall not personally engage in any business but he may be a sleeping partner in a firm doing business provided that, in the opinion of this State Bar .Council the nature of the business is not inconsistent with the dignity of the profession.
(c) That he may be a Director or Chairman of the Board of Directors of a Company with or without any ordinary sitting fee, provided none of his duties are of an executive character and that he shall not be a Managing Director or a Secretary of any Company.
(d) That he is not in full or part-time service or employment and is not engaged in any other profession, trade, business or calling contrary to the rules of the Bar Council of India.
(e) That if he has inherited or succeeded by survivorship to a family
business, he may continue it but he may not personally participate in the management thereof. He may continue to hold share with other in any business which has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.
(f) That he may review parliamentary bills for a remuneration, edit legal text books at a salary, do press vetting for news papers, coach pupils for legal examinations, set and examine question papers, and subject to the rules against advertising and full-time employment engage in broadcasting, journalism, lecturing and teaching subjects both legal and non-legal..
(g) That he is insured for life for a minimum sum of Rs 10,000/- (Rupees Ten Thousand ) at the time of making the application, failing which it shall be compulsory for him to become a member of Group Insurance Scheme framed by the State Bar Council of Madhya Pradesh within three months from the date of enrolment provided he is eligible for being insured.
(h) That he shall pay Rs 105/- for becoming a member of Welfare Scheme and shall without any default pay the yearly subscription of Rs 50/- . Any Advocate who makes a default in payment shall be deemed to have committed professional misconduct and he may be proceeded against for the same.
(i) If an Advocate already enrolled an Advocate accepts full or part-time service or employment or engaged in any trade, business or profession disqualifying him for admission as envisaged in rule 144(i)(a), (b), (c), (d), (e), (f), (g), and (h) he shall forthwith inform the State Bar Council and shall cease to practise as an Advocate.
145. Every advocate on the roll of the State Bar Council of Madhya Pradesh, shall become a member of the respective Bar Association where he practices within three months from the date of coming into force of this rule and intimation thereof will be sent by him to the Secretary, State Bar Council of Madhya Pradesh through the President or the Secretary of the respective Bar Association.
145-A. No Advocate shall accept any employment which, in the opinion of the State Bar Council, is derogatory to the status of an Advocate. And if he does so he shall be liable to be proceeded against for professional misconduct.
146. A breach of the above mentioned rules or any under-taking given in pursuance there of shall amount to professional misconduct.
147. The application shall be accompanied by the following:-
(a) A diploma or a certificate showing that the applicant
has taken a degree in law of a University in India.
(b) Certificate, in the form prescribed as to his moral character
and of his fitness to be an Advocate on the Roll of Advocates of the State Bar Council of M.P. from at least two persons of respectability and position (not being from his relations) preferably Advocates on the roll of the State Bar Council of M.P. where the applicant is a person already enrolled as a Vakil, Pleader or an Attorney he shall not be required to produce such certificates.
(c) A declaration in writing by applicant that he will faith-fully observe and abide by all the Rules made by the State Bar Council and the Bar Council of India as amended from time to time for regulating the conduct of Advocate on the State Roll and the Common Roll of India.
(d) A declaration as to whether the applicant has made any previous application for admission as an Advocate to any High Court and the result thereof.
(e) A declaration that he is a citizen of India or a national of a country....................... where citizens of India, duly qualified. are permitted to practise in Law.
(f) A receipt from the Secretary of the State Bar Council that the applicant has paid the fee.
(g) A declaration that the applicant has complete4d 21 years of his age on or before the day of the application.
(h) A declaration that the applicant is not in full or part time employment or service and is not engaged in any trade business or profession as envisaged in Rule No 144(i)(a), (b), (c), (d) and (e) except as follows:-
(i) Any person who is a law officer of the Central Government or the Government of a State.
(II) Any person who is an Assistant to an Advocate or to an Attorney who is an Advocate.
(iii) Any person who is in part-time service as a Professor, Lecturer or Teacher-in-Law
(iv) Any person who by virtue of being a member of a joint Hindu Family, has an interest in the Joint Hindu family business provided he does not take part in the management thereof.
(v) Any other person or class or persons as the State Bar council may from time to time exempt.
(i) The two undertakings to be given in the following terms: -
(a) I do hereby undertake that if after my admission as an advocate I accept full or part time service or I am engaged in any trade, business or profession (other than such as is exempted by the State Bar council from the operation of this undertaking) I shall forthwith inform the Council of such employment or engagement and shall cease to practise as an Advocate).
(b) I do hereby undertake that I shall not accept any employment which, in the opinion of the State Bar Council, is derogatory to the status of an Advocate.
Rights and authorities of the Members of the Bar Council:-
148. Every member of the Bar Council shall have a right to inspect the documents and records of the Council during the office hours and shall be entitled to have the information relating to any matter of the Bar Council. The Member of the Bar Council shall have a right to obtain a copy of any resolution or rule free of cost within a reasonable time.
The members of the Bar Council shall not divulge any information thus received by them to the detriment of the interests of the Bar Council except when required to do so in accordance with any law or rules framed under any law.
RULES REGARDING GIVING FINANCIAL ASSISTANCE TO INDIGENT &
DISABLED ADVOCATES OF MADHYA PRADESH
.1. (a) An “Applicant” means an Advocate who is on the rolls of the State
Bar Council of Madhya Pradesh and who is practising or has practised in the State and an application for financial assistance is made by him or a member of his family.
(b) An “indigent advocate” is one who is unable to maintain himself and his family.
(c) “Disabled advocate” means any advocate who by reason of any physical or mental infirmity is unable to practise.
(d) The “family” of an applicant shall mean the wife or wives and any children or aged parents, actually dependent on him for maintenance.
(e) The “fund” means a fund constituted by the Council for giving financial assistance to indigent or disabled advocates under Section 6(2) of the Advocates Act, 1961, and shall include all accretions either by way of contribution, donations or otherwise, made to the fund.
2. The Council shall set apart at the end of each financial year sum, which shall not exceed 10% of the annual income. The fund shall be administered by the executive Committee and the Regional Committees as may be constituted for the purpose.
3. (a) The Council shall be at liberty to give financial assistance either from the corpus or from the interest realised by the fund.
(b) The application for financial assistance shall contain such particulars as may be prescribed from time to time.
(c) On receipt of an application the Executive Committee or the Regional Committee concerned, shall enquire whether the applicant deserves financial assistance and the extent thereof. It shall also be competent for the committees to constitute a local committee consisting of the members of the Bar Council, the President or the Secretary of the local Bar Association and two advocates having not less than 10 years standing at the place where the applicant ordinarily resides or practises, for the aforesaid purpose, to assist it.
(d) The enquiring authority shall be competent to examine the applicant or any other person and to all for any record in the possession of any Bar Council or any Bar Association. The information received shall be treated as confidential.
(e) If an advocate makes any statement or furnishes any information, which is proved to be false to his knowledge, it shall amount to professional mis-conduct.
(f) If the Executive Committee or the regional Committee acting on a report of enquiry gives financial assistance, and subsequently, it is found that the evidence adduced by the applicant was false in material particulars, the Bar Council may call upon the applicant to refund the entire amount given to him by way of assistance or a portion thereof, as may be deemed fit.
4. The Council shall maintain a separate account in respect of the said fund, which shall be audited annually along with the other accounts of the Council. The amounts belonging to the fund shall be entered in a separate account and may be invested in any manner provided by the rules of the Council. The Executive Committee or a Regional Committee shall not ordinarily grant assistance exceeding Rs 1000/- (Rupees One Thousand) in any financial year to any applicant except with the previous sanction of the Council. In case the assistance consists of monthly contributions, it shall be open to the Committee to reduce or enhance the contribution according to the circumstances, and no contribution shall be made either when the applicant ceases to be indigent or the disability ceases.
SCHEME OF LIBRARY (DEVELOPMENT) OF BAR ASSOCIATION IN M.P.
(As amended vide Resolution No113 / 86)
In exercise of the powers conferred under the provisions of Section 6 and Section 15 (1) of the Advocates Act, 1961 the State Bar council of Madhya Pradesh do hereby prescribe the Scheme for the “Development of Libraries” of the Bar Associations in the State of Madhya Pradesh.
SCHEME OF LIBRARY (DEVELOPMENT) OF BAR ASSOCIATION IN (M.P.)
(AS AMENDED VIDE RESOLUTION NO. 378/97
In exercise of the powers conferred under the provision of section 6 and 15 (1) of the Advocate Act, 1961 the State Bar Council of MP do hereby prescribe the Scheme for the “ Development of Libraries “ of the Bar Associations in the State of Madhya Pradesh.
1. This Scheme shall be called Scheme for the Library (Development) of the Bar Associations in Madhya Pradesh, 1975.
2. a) “ Bar Association “ means a Bar Association in the State of Madhya Pradesh which is recognized by the State Bar “ Council of Madhya Pradesh.
b) “ Council “ Means the State Bar Council of Madhya Pradesh.
c) The “ Fund “ means a fund constituted by the Council for giving grant to a Bar Association and shall include all subscriptions either by way of contribution, donations or otherwise made the fund.
3. A Bar Association desirous of seeking grant from the State Bar Council of Madhya Pradesh will make an application in the form, which may be prescribed.
4. The Council shall set apart at end of each financial year for the development of libraries of the Bar Associations recognized by it such sum, deems proper. The Bar Association, while making application for grant of financial assistance given by the Council, shall append the Resolution of the Bar Association, setting apart the same to be contributed by it for the purpose of the Development of its Library and a list of standard books which the Bar Association desires to purchase under the Scheme. The grant on behalf of the Bar Council shall be THREE TIMES than the contribution of the Bar Associations subject to the following maximum contribution of both :-
a) High Court Bar Association: Indore, Gwalior, Jabalpur Rs. 16,000/-.
b) Bar Associations with a Membership of 100 : Rs.6,000/-
c) Bar Associations with a Membership of 100 but less than 250 : Rs.8,000/-
d) Bar Associations with a Membership of more than 250 and less than 500 :
e) Bar Association with a Membership of more than 500 : Rs.16,000/-
It is further resolved that a financial assistance to any Bar Association for the purpose of development of Library will only be granted once in THREE YEARS.
6. On the sanction of grant by the Council, intimation there of will be sent to concerned Bar Association by the Secretary of the Council on receipt of the intimation from the Secretary the President/Secretary of the Bar Association will remit the amount set apart for the purpose by the Associations to the Secretary of the Council within one month from the receipt of the intimation.
7. Standard books approved by the Library Committee of the Council will be purchased by the Secretary of the Council and will be sent or delivered to the Associations concerned within one month from the receipt of the amount of the contribution of the Bar Association concerned.
8. A Bar Association receiving the grant for development of its library from the Council will maintain the record of the book purchased under this scheme in such form as may be prescribed by the Council from time to time. All Books purchased under the scheme will bear the stamp “ Purchased under the Madhya Pradesh Bar Council Library (Development) Scheme ”.
9. All Books purchased under scheme shall be kept in the Library of the Associating and every member of the Association will be entitled to use the books for reference only. However, such books will not be lent by Bar Association to the Members and they will be kept in the “ Non – lending Section “ of the Library of the Bar Association.
10. Any loss of a book purchased under this scheme by a Bar Association will be reported at the earliest occasions to the Secretary of the Council.