RULES FOR THE RECOGNITION OF THE BAR ASSOCIATION BY THE STATE BAR COUNCIL OF MADHYA PRADESH
Whereas the State Bar Council of Madhya Pradesh is floating various schemes under Section 6 of the Advocates Act, 1961 and whereas these schemes are to be implemented through the Bar Associations, it has become necessary to frame Rules for the recognition of the Bar Association so that they may be recognized by Bar Council for such scheme. The Bar Council hereby frames the following rules :-
1. These Rules may be called “ Rules for the Recognition of the Bar Association in the State of Madhya Pradesh 1975.”
COMMENCEMENT: - It shall come into force from the date as may be announced by the State Bar Council of Madhya Pradesh.
2. DEFINITION: -
1. “ Bar Association” means an Association of Advocates within the State.
2. “ Recognized Bar Association “ means a Bar Association recognized by the Bar Council of Madhya Pradesh under these rules.
3. RECOGNIZED BY BAR COUNCIL: - The State Bar Council will grant a certificate of recognition to the Bar Association that complies with the following conditions and applies for such recognition in the prescribed form. :-
a) That the Association is working under a Constitution and such Constitution is approved by the State Bar Council.
b) That the Bar Association is working regularly and its accounts are properly maintained and annually audited by a person appointed and authorized by the Bar Association concerned.
c) That it is prepared to send to the Bar Council every year a list of its Membership as on 1st January by the 31st January of that year as well as a list of its Office Bearers.
d) That such association is prepared to execute the schemes sponsored by the Bar Council and send reports and information as may be desired by the State Bar Council of Madhya Pradesh under such rules from time to time.
4. WITHDRAWAL OF RECOGNITION :-
The State Bar Council of Madhya Pradesh may at any time withdraw the recognition of such Bar Association and in particular the recognition may be withdrawn is :-
a) The membership falls below 50% of the Advocates practicing at such place.
b) That 20% of its Members are in default of arrears of monthly subscription for six months and above.
c) That the Bar Association is not working properly and / or that it has defaulted in compliance of the Bar Council Circulars
d) For any other reasons which the Bar Council of Madhya Pradesh may deem fit.
Provided that the Bar Council may recognize such association if to the satisfaction of the Bar Council such association has regularized its affairs
PROVIDED further that for purposes of clauses (a) and (b), the relevant date will be the 1st January.
5. In case of any dispute as to the recognition of any Bar Association the decision of the Bar Council will be final.
6. INSPECTION :- Such Bar Association shall allow all facilities to the representatives of the Bar Council who may be appointed for the inspection of such Bar Association.
7. That the Bar Association recognized by the Bar Council shall undertake to follow the rules framed by the State Bar Council of Madhya Pradesh.
Resolution No. 88/03/GB : dt. 20-12-03
Considered the resolution no. 69/03 passed and referred by EC of the Council. with certain suggested modifications it is resolved as under :
A) In recognition rules following new rules be included:
i) Every Bar Association applying for registration and recognition shall pay a fee of Rs.1000/- along with recognition application.
ii) The Council shall recognize a Bar Association only at such place where a Civil Court or Link Court is functioning. The Council may consider for recognition of a Bar Association at such place where Civil Court or Link Court is not functioning subject to condition that at such place the minimum number of practicing lawyers should be not less than twenty five.
True copy of the Recognition Rules framed by State Bar Council of Madhya Pradesh.
Sd/-
(Rajendra Jain)
Secretary