Functions and Powers of the State Bar Councils

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FUNCTIONS AND POWERS OF THE STATE BAR COUNCILS

Sec. 6 of the Advocates Act 1961 makes provision in respect of the function of State Bar Council. It provides that the function of the State Bar Council shall be:-

(a) To admit persons as an advocate on its rolls
(b) To prepare and maintain such roll
(c) To entertain and determine cases of misconduct against advocates on its roll
(d) To safeguard the rights, privileges and interests of advocates on its roll
(e) To promote and support law reform
(f) To conduct seminars and organize talk on legal topics by jurists and publish journals and papers of legal interests
(g) To organized legal aid to the poor in prescribed manner
(h) To manage and invest the funds of the bar council
(i) To provide for the election of its members
(j) To perform all other functions conferred on it by or under this act
(k) To do all other things necessary for discharging the aforesaid functions.

State Bar Council issues a Certificate of Enrollment in the prescribed form. Then State Bar Council shall notify any change in the place of his permanent residence within 90 days of such change to every person whose name is entered in the state roll.

Section 48 of the advocates act makes provision in respect of indemnity against the legal proceedings.

ADMISSION AS AN ADVOCATE ON A STATE ROLL

1. If any person fulfill the conditions or terms for admissions as an advocate, or enrolls as an advocate under this act and under the State Bar Council, an application of admission of shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practices. Which is clearly defined under section 24 of the Advocates Act 1961.

2. Section 26-A of the Advocate Act empowers a State Bar Council to remove from the state roll the name of any advocate who is dead or from whom a request has been received or that effect.

3. Section 27 of the act State Bar Council refuses the application of any person on its roll, No other State Bar Council shall entertain an application for admissions of such person as an advocate on its rolls, except with the previsions consent in writing of the State Bar Council which refused the application and of the Bar Council of India. And the state bar council is required to issue a certificate of enrollment in the prescribed form to every person whose name is entered in the roll of advocates maintained by it under the act.

MAINTAINS OF ROLL OF ADVOCATES

Section 17 provides every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the name and address of:-

1. All persons who were entered as advocates on roll of any High Court under Indian Bar Councils, 1926, immediately before the appointed day including persons being citizens of India who before 15-8-1947, were enrolled as advocate under the said act in any area which before the said date was comprised within India as defined in the government of India act 1935, at any time express or entertain in the prescribed manner to practice within the jurisdiction of the bar council.

2. All other persons who are admitted to be advocates on the roll of the State Bar Council under this act on or after the appointed date, each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and second part, the names of other advocates.

RULE MAKING POWER

The State Bar Council has been empowered to make rules regarding the for the welfare of the advocates, such rules may provide for:-

1. The time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a state bar council under section 20.

2. The form in which an application shall be made to the Bar Council for admissions as an advocate on its roll and the manner in which such application shall be disposed of by the enrollment committee of the bar council.

3. The conditions subject to which a person may be admitted as an advocate on any such roll.

4. The installments in which the enrollment fee may be paid.

POWER TO PUNISH FOR PROFESSIONAL OR OTHER MISCONDUCT

State Bar Council makes any rules or provision for the professional and misconduct, accordingly

1. Date fixed for hearing by State bar council
2. Notice to advocate General
3. Refer case to disciplinary committee
4. Opportunity of being heard
5. Decision

  • Dismissal after hearing
  • Reprimand the advocate
  • Suspend from practice
  • Removed name of advocate from the state roll
MAINTENANCE OF ACCOUNTS

Section 12 of this act provides every  Bar Council maintained books of accounts and other books in such form and in such manner as may be prescribed. And it shall be follow by Indian Companies Act, 1956 and it is published by Central Government.

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