Report No. 266

4. Amendment of section 4.

In section 4 of the Advocates Act,-

(i) in sub-section (1), for clause (c), the following clauses shall be substituted, namely:-

"(c) five members to be nominated by rotation every two years, one each in seriatim from the zones as specified in the Second Schedule to represent the Bar Council of the States and Union Territories;

(d) six eminent persons of the ability, integrity and standing having professional experience of not less than twenty-five years in accountancy, commerce, medical science, management, public affairs or social science matters, to be nominated by the Supreme Court on the recommendation of a Committee comprising of a Judge of the Supreme Court, Chairperson of the Appellate Authority constituted under section 22A of the Chartered Accountants Act 1949 (38 of 1949) and the Central Vigilance Commissioner appointed under sub-section (1) of section 4 of the Central Vigilance Commission Act, 2003 (45 of 2003);";

(ii) in sub-section (1A),-

(a) for the words - "No person", the words "No person, except the persons mentioned in clause (d)", shall be substituted;

(b) for the words "the proviso", the words "the Explanation" shall be substituted.

(iii) for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The term of office of a member of the Bar Council of India-

(a) nominated by the State Bar Council or Bar Council of the Union territories, as the case may be, under clause (c) shall be two years from the date of his nomination;

(b) nominated under clause (d) shall be four years from the date of assumption of his office:

Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is nominated.".