The Bar Council of Bihar Rules, 1962

{
    "id": 15646,
    "slug": "the-bar-council-of-bihar-rules-1962",
    "title": "The Bar Council of Bihar Rules, 1962",
    "short_title": "The Bar Council of Bihar Rules, 1962",
    "act_number": "",
    "act_year": 1962,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bar Council of Bihar Rules, 1962",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. There shall be two papers each carrying 100 marks and have 3 hours duration. The first paper will be English literature and the second paper will be English composition, Essay, etc. The standard will be as at the B.A. Part II. The Examination Committee may from time to time prescribe the courses of studies, etc.",
            "chapter": "Part II",
            "content": "5.\n(a) A diploma or certificate showing that the applicant has taken degree in law of a University in India.\n(b) Certificate granted by the Bar Council declaring the candidate to have passed the examination held after his training as an Articled Clerk.\n[(bb) Certificate granted by the Bar Council declaring the candidates to have passed the preliminary examination in English held by the Bar Council:]\n(c) 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 Bar Council of Bihar from at least two persons of respectability and position (not being the relations) preferably Advocate on the Roll of the Bar Council of Bihar.\n(d) A declaration in writing by the applicant that he will faithfully observe and abide by all rules made by the Bar Council and the Bar Council of India as amended from time to time for regulating the conduct of Advocates on the State Roll and the Common Roll of India.\n(e) 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.\n(f) A declaration that he is a citizen of India or a national of a country where citizens of India, duly qualified are permitted to practice in law.\n(g) A receipt from the Secretary of the Bar Council that the applicant has paid the fee prescribed for enrolment under section 24(1)(f).\n(h) A declaration that the applicant has completed 21 years of his age on or before the day of the application.\n(i) 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 except as follows:\n(i) Any person who is Law Officer of the Central Government or the Government of State;\n(ii) Any person who is in part-time service as a Professor, Lecturer or Teacher in Law, or as Secretary or Deputy Secretary of the Bar Council;\n(iii) Any person who by virtue of being a member of a joint Hindu family has an interest in a joint Hindu family business provided he does not take part in the management thereof; and\n(iv) Any other person or class of persons as the Bar Council may from time to time exempt.\n(j) Two undertakings shall be given in the following terms:\n(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.\n(b) I do hereby undertake that I shall not accept any employment which, in the opinion of the Bar Council, is derogatory to the status of an Advocate :\nChapter VI\n[Role of the Advocate]\n[Deleted]\nChapter VII\n[Rules regarding Advocates' Clerk]\n[Deleted]\nChapter VIII\nMeetings\n[Rules under Section 15(2)(b) of the Act]\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\nChapter VIII-A\nRules relating to the powers and duties of the Chairman and the Vice-Chairman of the State Bar Councils.\n[Rules framed under Section 15(2) of (g) of the Act]\nChairman\n1.\n2.\n3.\n4.\n5.\nVice-Chairman\n6.\nChapter IX\nCommittees\n[Rules under Section 15(2)(i) read with Sections 9(1), 10(1) and 10(3) of the Act]\n1.\n(a) Standing Committees, namely. -\n(i) an Executive Committee and\n(ii) an Enrolment Committee\n(b) Other Committees, namely. -\n(i) Disciplinary Committees,\n(ii) Finance Committee,\n(iii) Examination Committee,\n(iv) Registration Committee and\n(v) Committees which may be formed hereafter.\n2.\n3.\n(ii) The Secretary shall act as the ex-officio Secretary to all the Committees.\n4.\n(ii) The Member presiding at the meeting shall regulate the proceedings of the meeting and his decision on matters of procedure at the meeting shall be final and binding and the members present shall abide by such decision.\n5.\n(ii) Two members shall form a quorum for a meeting of Committee consisting of less than five members.\n6.\n7.\n8.\n(ii) Members of the Bar Council shall be duly proposed and seconded at the meeting for election to each committee.\n9.\n10.\n11.\n12.\n13.\n13A.\n(See Resolution No. 436/1963)\n(See Resolution No. 436/1963)\nThe Executive Committee\n14.\n(i) to hold, control and administer the property and funds of the Bar Council;\n(ii) To determine the form, provide for the custody and regulate the use of the common seal of the Bar Council;\n(iii) To determine and regulate all matters concerning the Bar Council;\n(iv) To administer the funds placed at the disposal of the Bar Council for any specific purpose;\n(v) To appoint officers and staff of the Bar Council, define their duties and powers and determine all matters concerning their employment provided that the Chairman may take temporary appointments for a period up to one month;\n(vi) To arrange for supervision the training and examination of Articled Clerks;\n(vii) To determine after considering the recommendations of the Finance Committee, rates of emoluments of persons employed for instructing Articled Clerks by practical course lecturers or otherwise and of examiners or class of such examiners.\n(viii) To have powers to accept transfers of any moveable or immovable property for the purpose of the Bar Council, and\n(ix) To exercise such other powers and perform such other duties as may be conferred or imposed on it by the Bar Council in consonance with the Advocates Act, 1961.\nThe Enrolment Committee",
            "footnote": "",
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        {
            "number": "15",
            "title": "15. The powers and duties of the Enrolment Committee shall be.",
            "chapter": null,
            "content": "(ii) to maintain or cause to be maintained the Register and Roll of Advocates in such details and forms as may prescribed by the Bar Council;\n(iii) to scrutinize the Register and Rolls of Advocates from time to time with a view to ensure its correctness up-to-date; and\n(iv) to discharge other functions prescribed by the Bar Council for the said purpose.\nThe Examination Committee\n16.\n(ii) The powers and duties of the Examination Committee shall be-\n(a) To consider and decide applications from Articled Clerks for permission to appear at the examination,\n(b) To refer applications to the Bar Council in cases of proposed refusal and to act in conformity with the decision of the Bar Council in that regard,\n(c) To conduct the examination and for that purpose to,-\n(i) appoint paper-setters, Examiners, Invigilators;\n(ii) hold examination;\n(iii) cause the examinations of papers to be completed within specified time.\n(iv) Secure declarations of the results by the Bar Council.\n(v) Publish the result; and\n(vi) Do such other acts as may be necessary for the said purpose.\n(d) Perform such other functions as may from time to time be assigned to it by the Bar Council.\nChapter X\nProceedings before Disciplinary Committee\n[Rules under Section 49(f) of the Act]\n1.\n(i) Candidates for election to the Committee shall be proposed and seconded and in case of contest, the election shall be decided by a show of hands and in the case of equality of votes the Chairman shall exercise his casting vote.\n(ii) Any casual vacancy shall be filled in by the Council by election from amongst its members or non-members as the case may be.\n(iii) The Attorney-General shall not be eligible for membership of the Committee.\n(iv) If the Vice-Chairman is member of the Committee he shall be the President of the Committee and if he is not, the seniormost advocate amongst the members of the Council on the Committee shall be the President.\n2.\n(1) In any case falling under Section 36(1), when the Council has reason to refer a case of misconduct to the Committee, it shall cause the complaint, if any, and all affidavits, documents or records in its possession to be sent to the Committee.\n(2) If the Disciplinary Committee does not summarily reject the complaint, and in all cases referred to it by the Council suo motu , a date shall be fixed for the hearing of the case as provided for in these rules.\n(3) At the hearing, the complainant or the person, if any, who is aggrieved by the misconduct of the advocate, shall be entitled to appear in person or by counsel in support of the complaint. Where the complainant or the aggrieved party does not appear in person or by counsel, the Council may proceed with the matter and in a fit case may appoint a counsel for assisting the Council on payment of fees if necessary.\n(4) Notices issued under these Rules shall be served by Registered Post (Acknowledgement Due) or in such other manner as the Committee may direct.\n(5) The President of the Committee shall fix a date, hour and place of the enquiry which shall not ordinarily be later than sixty days from the receipt of the reference. The Secretary shall give notice of such date, hour and place to the complainant or other person aggrieved, the advocate concerned, and the Attorney-General and shall also serve on them copies of the complaint and such other documents as the President of the Committee may direct at least 15 days before the date fixed for enquiry.\n(6) The advocate concerned shall submit his statement of defence together with any documents or affidavits in support of his defence within a time which shall be intimated to him in or at the same time as the notice referred to above. The complainant or the person aggrieved shall be entitled to file a reply together with such documents on which he proposes to rely in support thereof within such time as may be allowed by the President of the Committee.\n(7) In any such enquiry, the advocate may appear either in person or by Counsel.\n(8) The Committee shall hear the Attorney-General or his Counsel and the parties or their Counsel, and determine the matter on documents and affidavits unless the Committee is of the opinion that it would be in the interest of justice to permit cross-examination of the deponents or to take oral evidence, in which case, the procedure followed in the trial of a Civil Suit shall, as far as may be followed.\n(9) The advocate concerned shall be a competent witness on his own behalf.\n(10) The finding of the majority of the members of the Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgement and in the case of a difference of opinion, any dissenting member shall be entitled to record his dissent giving his own reasons. It shall be competent for the Committee to award such costs as it thinks fit. The Committee may make any of the orders which it is entitled to make under Section 36(4) of the Act. The order shall be communicated to the complainant or the aggrieved party and the advocate concerned as soon as may be by the Secretary.\n(11) The parties shall be entitled to obtain copies of documents, affidavits and oral evidence, if any, on payments of such fees as may be prescribed by the Council.\n(12) Any person aggrieved by the order of the Committee under Section 36 or 37 of the Act, may within sixty days of the date on which the order is communicated to him prefer an appeal to the Supreme Court.\n(13) Any order awarding costs shall be executed in the manner provided in the Act.\nProcedure to be Followed by the Disciplinary Committee of the State Bar Councils under Section 49(F) of The Act\n1.\n(a) A reference to the Attorney-General in the said Rules shall mean. -\n(i) In the case of a Disciplinary Committee of the Bar Council of Delhi, a reference to the Additional Solicitor-General of India;\n(ii) In the case of a Disciplinary Committee of any other State Council, reference to the Advocate-General; and\n(b) Any reference to Section 36 (1) shall mean a reference to Section 35(1) for the purpose of these Rules.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\nChapter XI\nSecretary and other employees of the Bar Council: Their qualifications and condition of service\n[Rule under Section 15(k) with Section 11 of the Act]\n[Rule under Section 15(k) with Section 11 of the Act]\n1.\n(I) The qualification of the employees shall be under. -\n(1) Secretary shall\nSecretary shall\n(a) possess a degree in Law; and\n(b) be an Advocate who has put in at least ten years practice at the Bar; and\n(c) be above the age of 35 years.\n(2) Deputy Secretary shall\nDeputy Secretary shall\n(a) possess a degree in Law; and\n(b) be an Advocate who has put in at least seven years practice at the Bar; and\n(c) be above the age of 30 years.\n(3) Under Secretary shall\nUnder Secretary shall\n(a) possess a degree in Law; and\n(b) be an Advocate who has put in at least three years practice at the Bar; and\n(c) be above the age of 30 years.\n(4) Office Superintendent shall\nOffice Superintendent shall\n(a) possess a Bachelor's degree either in Arts, Science or Commerce; and\n(b) have at least ten years experience of office work; and\n(c) be above the age of 40 years.\n(5) Accountant shall\nAccountant shall\n(a) possess a degree in Commerce of any equivalent qualification; and\n(b) have qualified in Accountancy; and\n(c) have at least ten years experience of accounts work in any office; and\n(d) be above the age of 30 years.\n(6) Office Assistant shall\nOffice Assistant shall\n(a) possess a Bachelor's degree either in Arts, Science or Commerce; and\n(b) be below the age of 30 years and above the age of 25 years.\n(7) Stenographer shall\nStenographer shall\n(a) have passed either the Higher Secondary School Examination or any equivalent examination; and\n(b) be qualified shorthand-writer and typist; and\n(c) be above the age of 25 years and below the age of 40 years.\n(8) Office Peons shall\nOffice Peons shall\n(a) possess knowledge of English and Hindi to be able to read fluently and to write efficiently; and\n(b) be competent cyclist; and\n(c) be above the age of 21 years.\n(9) Sweeper shall\nSweeper shall\n(a) be a competent sweeper.\n(b) be above the age of 21 years.\n(II) Notwithstanding anything hereinbefore contained any person who had been working in the office of the Bar Council on the date on which the Advocate's Act, 1961 came into force shall be deemed to possess the qualifications for the post held by him.\n(III) Notwithstanding anything hereinbefore contained any person who has held the post of Office-Superintendent, Accountant, Office Assistant or Stenographer, as the case may be, in any Government office continuously for a period of ten years shall be deemed to possess the qualifications for the equivalent post.\n(IV) The age and other qualification may be relaxed.-\n(a) in the case of employment of retired Government servants; or\n(b) where no suitable candidate is available in spite of advertisement being made.\n(V) The conditions of service of the employees of the Bar Council shall be as under. -\n(1) The Secretary, and Deputy Secretary may be employed either as whole-time or part-time officers.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n(a) on the expiry of the period for which he had been so employed, or\n(b) at any earlier time on one month's notice or in lieu thereof payment of one month's salary.\n9.\n(i) by resignation of the employee concerned on the expiry of a period of one month or on refund of one month's salary by the officer or servant concerned in lieu thereof if he is not permitted to do;\n(ii) by abolition of the post;\n(iii) on being removed as a result of recommendation made by a committee of the Bar Council and accepted by the Bar Council that the officer or the servant concerned, as the case may be, has been\n(a) either guilty of insubordination, or misdemeanour, or gross negligence, or misconduct, or inefficiency, or\n(b) found physically or mentally incapacitated to perform his duties.\n10.\n11.\nSalary\nSalary\n12.\n(i) Secretary:\n(a) Employed whole-time will receive initial salary of Rupees six hundred and shall be given increments of Rupees fifty after every two years rising up to Rupees one thousand.Thus the scale shall be Rs. 600-50/2-100.\n(b) Employed part-time will receive a fixed salary of Rupees five hundred.\n(ii) Deputy Secretary:\n(a) Employed whole-time shall be paid initial salary of Rupees three hundred and fifty and on confirmation increment of Rupees thirty shall be given and an increment of Rupees thirty every two years rising up to Rupees five hundred and thereafter he shall be given increments of Rupees twenty five every raising up to a maximum salary of Rupees seven hundred and fifty.Thus the scale shall be Rs. 350 confirmation 30/2-500-25/1-750.\n(b) Employed part time will receive a fixed salary of Rs. 300/-.\n(iii) Under secretary:\n(iv) Office Superintendent and Accountant:\n(v) Office Assistants :-\n(vi) Stenographers:\n(vii) Office Peons:\n(viii) \"Shall be paid initially not exceeding Rs. 45 and on confirmation be eligible to an increment of Rs. 4/- and thereafter annual increment of Rs. 2/- rising up to Rs. 75/-.\n(N.B. - See New scales introduced replacing present one).\nAllowance\nAllowance\n13.\n14.\n(a) Secretary, Deputy Secretary and Under Secretary as may be admissible for Class-l Officers of the Government of Bihar at the time; and\n(b) Other employees as may be admissible for ministerial staff drawing similar salary in the employ of the Government of Bihar at the time.\nLeave\nLeave",
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        },
        {
            "number": "15",
            "title": "15. Employees may be allowed:",
            "chapter": null,
            "content": "(a) Ten days casual leave in any one calendar year.\n(b) Thirty days privilege leave on full average pay on the basis of completed one year's service, subject to an accrual of four months.\n(c) Thirty days leave on account of continued illness on half average pay in any one calendar year.\n(d) Leave without pay either on grounds of illness or other important contingencies.\n16.\nProvident Fund\nProvident Fund\n17.\n18.\n19.\n20.\n21.\n22.\n(i) The subscriber's subscription;\n(ii) The contribution made by the Bar Council under Rule 21 of this Chapter.\n(iii) Interest earned on the total sum of (I) and (II) above.\n23.\n(b) A subscriber while on earned leave, shall continue to contribute to the fund. A subscriber on any other leave with pay may, at his option, contribute to the Fund while he is on leave. A subscriber on leave without pay shall not be permitted to contribute to the Fund while he is on leave;\n(c) No contribution shall be made out of the Bar Council Funds for any period during which a subscriber does not, or is not permitted to subscribe to the Fund;\n(d) Subscription by a subscriber shall be deducted every month from the salary payable to the subscriber and the amount so deducted shall be deposited in the Provident Fund Account.\n24.\n25.\n26.\n27.\n28.\n29.\n(i) Building or purchasing a house for his residence or for repairing a house owned by him; or\n(ii) Marriage of his daughter; or\n(iii) Expenditure over his own long continued illness; or\n(iv) Any other reason considered sufficient by the Executive Committee. An account of the sum advanced as loan shall be maintained.\n30.\nGratuity\nGratuity\n31.\n(b) The amount of gratuity shall in no case exceed twelve months' salary last earned by him as employee of the Bar Council.\n(c) The sum paid as gratuity (i) on retirement shall be paid to the employee and (ii) on the death of the employee to such person or persons as the Bar Council may determine to be entitled to receive the sum and the decision of the Bar Council shall be final.\n32.\n(a) Shall be Chief Administrative Officer of the Bar Council and all the other employees of the Bar Council shall work under him and shall be subordinate to him;\n(b) Shall.-\n(i) Attend the general meetings and the meeting of the committees;\n(ii) Keep Minutes of proceedings;\n(iii) Cause to be maintained complete and accurate accounts together with all receipts, vouchers and documents;\n(iv) Conduct all correspondence, excepting that with the High Court and the Government in matters other than formal, which shall be approved and signed by the Chairman, and supply information to the members;\n(v) Prepare the Annual Reports and Balance Sheets;\n(vi) Assign duties to the Ministerial Staff of the Bar Council and supervise their work;\n(vii) Receive and grant receipt for moneys on behalf of Bar Council;\n(viii) Be responsible for the proper custody and maintenance of the property of the Bar Council;\n(ix) Deposit the moneys received on behalf of the Bar Council into the Bank;\n(x) Call all ordinary general meetings and issue notice of all meetings and general meetings when necessary;\n(xi) Grant copies of documents on the records of cases and certify them to be true copies;\n(xii) Allow inspection of records in cases of inquiry; and\n(xiii) Act as the Polling Officer during the election to the Council and take such preliminary steps with regard thereto as he is and may be required to do under the Act and these rules.\n(c) Shall in all matters act in the discharge of his duties under the direction and control of the Chairman, the Executive Committee and the Bar Council.\n33.\n34.\nChapter XII\nAppendices\nForm I\nForm II\nForm III\nForm IV\nForm V\nForm VI\nForm VII\nForm VIII\nForm IX",
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    ],
    "metadata": {
        "Act ID": "bh030",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1962",
        "Short Title": "The Bar Council of Bihar Rules, 1962",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}