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Advocates Act, 1961


Chapter II

BAR COUNCILS

3. State Bar Councils-

(1) There shall be a Bar Council-

a. For each of the States of Andhra Pradesh, Bihar, Gujarat, (Note:- Ins. by Act 60 of 1973, sec.4) (Jammu and Kashmir), Madhya Pradesh, (Note:- The word "Madras" omitted by Act 26 of 1968, sec.3 and Sch.) (Note: - The Word "Maharashtra" omitted by the Dadar and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulations, 1963 (8 of 1963), sec.12) (Note: - Subs. by the Mysore state (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974.) Karnataka, Orissa, Rajasthan and Uttar Pradesh, to be known as the Bar Council of that State.

b. (Note:- Subs. by Act 69 of 1986, sec.19, for clause (6) as earlier amended by Act 81 of 1971, sec.34 and Act 34 of 1986, sec.16) For the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh.

c. For the State of Kerala and the Union territory of Lakshadweep, Minicoy and Amindivi islands to be known as the Bar Council of Kerala.

(cc) (Note: Ins. by Act 26 of 1968, sec.3 and Sch.) For the (Note:- Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for the words "State of Madras" state of Tamil Nadu and the Union territory of Pondichery to be known as the Bar Council of Madras.

ccc. (Note: - Subs. by Act 18 of 1987, sec.21 for clause (ccc) as initially ins. by Regulation 8 of 1963, sec.12 and referred by Act 26 of 1968, sec.3 and Sch. And subsequently amended by Act 60 of 1973, sec.4) For the State of Maharashtra and Goa, and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa.

(d) (Note: - Subs. by Act 53 of 1970, sec.24 for clause (d)) For the State of Punjab and Haryana, and the Union territory of Chandigarh to be known as the Bar Council of Punjab and Haryana.

dd.  For the State of Himachal Pradesh to be known as the Bar Council of Himachal Pradesh.

(e) For the State of West Bengal and the [( Note:- Subs. by Act 81 of 1971, sec.34, for "Union Territories of Tripura and the Andaman and Nicobar Islands.") union territory of Andaman and Nicobar islands] to be known as the Bar Council of West Bengal and

          (f) for the Union territory of Delhi to be known as the Bar Council of Delhi

(2) A State Bar Council shall consist of the following members, namely:-

a.  In the case of the State Bar Council of Delhi, the Additional Solicitor General of India, ex officio [(Note:- Ins. by Act 60 of 1973, sec.4) in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the State of Assam, Nagaland, Meghalaya, Manipur and Tripura, ex officio, inn the case of the State Bar Council Punjab and Haryana, ex officio] and in the case of any other State Bar Council, the Advocate- General of the State.

b.  (Note:- Subs. by Act 60 of 1973, sec.4) In the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council, with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council.

(Note:- Ins. by Act 21 of 1964, sec.2) Provided that as nearly as possible one half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).

(3) (Note:- Subs. by Act 38 of 1977, sec.2, for clause (3) as ins. by Act 107 of 1976, sec.3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.

(3-A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977, shall, on such commencement , cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.]

(4) (Note:- Ins. by Act 21 of 1964, sec.2) An advocate shall be disqualified from voting at an election under sub-section (2) or being chosen as, and for being a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to tome by each State Bar Council.

5. Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.]

6. (Note Sub-clause (6) ins. by Act 60 of 1973, sec.4) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constitute immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]



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