(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;
(iii) to scrutinize the Register and Rolls of Advocates from time to time with a view to ensure its correctness up-to-date; and
(iv) to discharge other functions prescribed by the Bar Council for the said purpose.
The Examination Committee
16.
(ii) The powers and duties of the Examination Committee shall be-
(a) To consider and decide applications from Articled Clerks for permission to appear at the examination,
(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,
(c) To conduct the examination and for that purpose to,-
(i) appoint paper-setters, Examiners, Invigilators;
(ii) hold examination;
(iii) cause the examinations of papers to be completed within specified time.
(iv) Secure declarations of the results by the Bar Council.
(v) Publish the result; and
(vi) Do such other acts as may be necessary for the said purpose.
(d) Perform such other functions as may from time to time be assigned to it by the Bar Council.
Chapter X
Proceedings before Disciplinary Committee
[Rules under Section 49(f) of the Act]
1.
(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.
(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.
(iii) The Attorney-General shall not be eligible for membership of the Committee.
(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.
2.
(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.
(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.
(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.
(4) Notices issued under these Rules shall be served by Registered Post (Acknowledgement Due) or in such other manner as the Committee may direct.
(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.
(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.
(7) In any such enquiry, the advocate may appear either in person or by Counsel.
(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.
(9) The advocate concerned shall be a competent witness on his own behalf.
(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.
(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.
(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.
(13) Any order awarding costs shall be executed in the manner provided in the Act.
Procedure to be Followed by the Disciplinary Committee of the State Bar Councils under Section 49(F) of The Act
1.
(a) A reference to the Attorney-General in the said Rules shall mean. -
(i) In the case of a Disciplinary Committee of the Bar Council of Delhi, a reference to the Additional Solicitor-General of India;
(ii) In the case of a Disciplinary Committee of any other State Council, reference to the Advocate-General; and
(b) Any reference to Section 36 (1) shall mean a reference to Section 35(1) for the purpose of these Rules.
2.
3.
4.
5.
6.
7.
8.
Chapter XI
Secretary and other employees of the Bar Council: Their qualifications and condition of service
[Rule under Section 15(k) with Section 11 of the Act]
[Rule under Section 15(k) with Section 11 of the Act]
1.
(I) The qualification of the employees shall be under. -
(1) Secretary shall
Secretary shall
(a) possess a degree in Law; and
(b) be an Advocate who has put in at least ten years practice at the Bar; and
(c) be above the age of 35 years.
(2) Deputy Secretary shall
Deputy Secretary shall
(a) possess a degree in Law; and
(b) be an Advocate who has put in at least seven years practice at the Bar; and
(c) be above the age of 30 years.
(3) Under Secretary shall
Under Secretary shall
(a) possess a degree in Law; and
(b) be an Advocate who has put in at least three years practice at the Bar; and
(c) be above the age of 30 years.
(4) Office Superintendent shall
Office Superintendent shall
(a) possess a Bachelor's degree either in Arts, Science or Commerce; and
(b) have at least ten years experience of office work; and
(c) be above the age of 40 years.
(5) Accountant shall
Accountant shall
(a) possess a degree in Commerce of any equivalent qualification; and
(b) have qualified in Accountancy; and
(c) have at least ten years experience of accounts work in any office; and
(d) be above the age of 30 years.
(6) Office Assistant shall
Office Assistant shall
(a) possess a Bachelor's degree either in Arts, Science or Commerce; and
(b) be below the age of 30 years and above the age of 25 years.
(7) Stenographer shall
Stenographer shall
(a) have passed either the Higher Secondary School Examination or any equivalent examination; and
(b) be qualified shorthand-writer and typist; and
(c) be above the age of 25 years and below the age of 40 years.
(8) Office Peons shall
Office Peons shall
(a) possess knowledge of English and Hindi to be able to read fluently and to write efficiently; and
(b) be competent cyclist; and
(c) be above the age of 21 years.
(9) Sweeper shall
Sweeper shall
(a) be a competent sweeper.
(b) be above the age of 21 years.
(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.
(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.
(IV) The age and other qualification may be relaxed.-
(a) in the case of employment of retired Government servants; or
(b) where no suitable candidate is available in spite of advertisement being made.
(V) The conditions of service of the employees of the Bar Council shall be as under. -
(1) The Secretary, and Deputy Secretary may be employed either as whole-time or part-time officers.
2.
3.
4.
5.
6.
7.
8.
(a) on the expiry of the period for which he had been so employed, or
(b) at any earlier time on one month's notice or in lieu thereof payment of one month's salary.
9.
(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;
(ii) by abolition of the post;
(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
(a) either guilty of insubordination, or misdemeanour, or gross negligence, or misconduct, or inefficiency, or
(b) found physically or mentally incapacitated to perform his duties.
10.
11.
Salary
Salary
12.
(i) Secretary:
(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.
(b) Employed part-time will receive a fixed salary of Rupees five hundred.
(ii) Deputy Secretary:
(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.
(b) Employed part time will receive a fixed salary of Rs. 300/-.
(iii) Under secretary:
(iv) Office Superintendent and Accountant:
(v) Office Assistants :-
(vi) Stenographers:
(vii) Office Peons:
(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.B. - See New scales introduced replacing present one).
Allowance
Allowance
13.
14.
(a) Secretary, Deputy Secretary and Under Secretary as may be admissible for Class-l Officers of the Government of Bihar at the time; and
(b) Other employees as may be admissible for ministerial staff drawing similar salary in the employ of the Government of Bihar at the time.
Leave
Leave
Section 15 • The Bar Council of Bihar Rules, 1962
15. The powers and duties of the Enrolment Committee shall be.
the-bar-council-of-bihar-rules-1962-sec-15.json
•
Section 15
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"act_slug": "the-bar-council-of-bihar-rules-1962",
"section_label": "Section",
"section": {
"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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