Rules for Admission and Enrolment
of Advocates on the Roll of the Bar Council of Rajasthan (1965)
Enrolment
Rules under section
28(2)(c) read with Sections 24(1)(e), 15(2)(i) and 26 of the Advocates Act,
1961
Part II: Form of Application for Enrolment as an
Advocate
An application for admission as an advocate on the
roll of the Bar Council of Rajasthan shall be made in the form prescribed by
the Council as amended from time to time.
Rule - 1A.
The printed or cyclostyled copies of the
application form shall be furnished to intending candidates by the Bar Council
on payment of such charges as the Bar Council may, from time to time, fix in
that behalf.
Rule - 1B.
The application shall be accompanied by the
following:-
(a)
A diploma or
a certificate showing that the applicant has taken a degree in law from a
University or College affiliated with said University in India, which has been
recognised by the Bar Council of India.
(b)
Certificate
in the form prescribed, as to his moral character and of his fitness to be an
advocate on the roll of Advocate of the Bar Council of Rajasthan from at least
two persons of respectability and position not being his relations, preferably
Advocates on the Roll of the Bar Council of Rajasthan. Where the applicant is a
person already enrolled as a Vakil, Pleader or an Attorney he shall not be
required to produce, such Certificate, but, only a Certificate of practice or
Sanad.
(c)
A
declaration in writing by the applicant that he will faithfully observe and
abide by all rules made by 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.
(d)
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.
(e)
A
declaration that he is a citizen of India or a national of Country where
citizen of India, duly qualified, are permitted to practice in law.
(f)
A receipt
from the Secretary of the Bar Council that the applicant has paid the
prescribed fee for enrolment under section 24(1)(f) or a Bank Draft payable to
the Bar Council of Rajasthan Jodhpur for the amount of fee.
(g)
A
declaration that the applicant has completed 21 years of his age on or before
the day of the application.
(h)
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
provided in Rules 1 and 2 of Rules under section 28(2)(d) and the Rules of the
Bar Council of India:
Provided that if the applicant is covered by any of
the exceptions contained in Rule 1 of the Enrolment Rules of this Bar Council
under section 28(2)(d) read with section 24(1)(e) of the Advocates Act, 1961 he
must furnish documentary proof, if any, with full details of his employment by
an affidavit.
(i)
"Two
undertakings to be given in the following terms:-
(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 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 practice as an advocate."
(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."
Rule - 1C.
If any statement of fact stated in the application
is found to be false at any time the name of the applicant shall be liable to
be struck off from the Rolls under proviso to sub-section (1) of section 26 of
the Advocates Act, 1961.
The application shall be scrutinised by the Office
and submitted to the Enrolment Committee of the Bar Council. The Enrolment
Committee shall proceed to dispose of every application in accordance with the
provisions of the Advocates Act, the rules made thereunder and the resolutions
passed and/or directions given and/or the principles laid down from time to
time by the Bar Council and then in office.
In the event of the Enrolment Committee feeling any
doubt, difficulty as to the eligibility of the persons seeking admission or as
to the interpretations of any of the provisions of the Act, the rules,
resolutions or directions or principles, it shall refer the application to the
State Bar Council for clarifications or such doubt, difficulty or such question
and shall dispose of the application in the light of the rules and/or
directions given by the Bar Council in that behalf.
Rule - 4.
If the Enrolment Committee should be of the opinion
that any application for admission made to the Bar Council and referred to it
for disposal ought to be rejected, it shall record its reasons in a statement
and shall refer the application under section 26(3) of the Advocates Act, 1961
for the opinion to the Bar Council of India through the Bar Council and dispose
it of in conformity with the opinion of the Bar Council of India.
Rule - 5.
An Advocate who ceases to practice or when he
resumes practice, shall inform the Bar Council in the prescribed form (as per
Bar Council of India Rule 5 contained in Chapter III Part VI) which shall
thereupon pass necessary order in that respect, in the form prescribed.
The Bar Council of Rajasthan, Jodhpur
Rules
Enrolment
Rules under section 28(2)(d) read with section
24(1)(e) of the Advocates Act, 1961
Part III: Conditions for Enrolment as an
Advocate
A person who is otherwise qualified to be admitted
as an advocate but is either in full or part-time service or employment or is
engaged in any trade, business or profession shall not be admitted as an
advocate:
Provided however that this rules shall not apply
to:
(i)
Any person
who is a Law Officer of the Central Government or the Government of a State or
any Public Corporation or Body constituted by a statute.
For the purpose of this clause a 'Law Officer' shall mean a person who
is so designated by the terms of his appointment and who by the said terms is
required to act and/or plead in courts on behalf of his employer.
(ii)
Any person
who is an articled clerk of an Attorney.
(iii)
Any person
who is in part-time service as a Professor, Lecturer or Teacher in law:
Provided that in the opinion of the State Bar
Council the nature of the employment does not conflict with his professional
work and is not inconsistent with the dignity of profession. This shall be
subject to such directions, if any, as may be issued by the Bar Council of
India from time to time.
(iv)
Any person
who by virtue of being a member of a Hindu Joint Family has an interest in a
Joint Hindu Family Business provided he does not take part in the management
thereof.
(v)
Any person
who is not personally engaged in any business; but is a sleeping partner in a
firm doing business provided that, in the opinion of the Bar Council of
Rajasthan, the nature of the business is not inconsistent with the dignity of
the profession.
(vi)
Any person
who is a Director or Chairman of the Board of Directors of a company with or
without any ordinary sitting fee provided none of his duties are of an
executive character, and he is not a Managing Director or Secretary of the said
company, or of any other company.
(vii)
Any person
who has inherited or succeeded by survivorship to a family business but who is
not personally participating in the management thereof.
(viii)
Any person
who either prior to or after his application for enrolment under section 24
holds or continues to hold a share with others in any business which descended
to him by survivorship or inheritance or by Will, provided he does not
personally participate in the management thereof.
(ix)
Any person
who reviews Parliamentary Bills for a remuneration, edits legal text-book at a
salary, does 'Press-Vetting' for newspapers, sets and examines question papers,
and subject to the rules against advertising and full-time employment to which
an advocate after enrolment is subject to, is engaged in broadcasting,
journalism, lecturing and teaching subjects, both legal and non-legal, and
(x)
Any class of
persons as the Bar Council may from time to time exempt with the approval of
the Bar Council of India.
Note. - A person falling under any of the above exceptions shall be
required to give the details of his employment by an affidavit supported by documentary
proof.
Every person applying to be admitted as an advocate
shall in his application make a declaration that he is not in full or part-time
service or employment and is not engaged in any other profession, trade,
business or calling contrary to the rules of the Bar Council of India. But in
case he is in such full or part-time service or employment or is engaged in any
trade, business or profession he shall in the declaration disclose full
particulars of his service, employment or engagement. He shall also undertake
that if, after his admission as an advocate, he accepts full or part time
service or employment or is engaged in any trade, business or profession
disqualifying him from admission, he shall forthwith return the certificate of
enrolment and inform the Bar Council of such service or employment or
engagement and shall cease to practise as an advocate.
Breach of the above-mentioned rules or any
undertaking given in pursuance thereof shall amount to professional misconduct.
Part IV: Rule under Proviso to section
24(1)(f)
A person who applies for enrolment as an advocate
is a member of Schedule Caste or the Scheduled Tribe and produces a certificate
to that effect from the District Magistrate in whose jurisdiction the applicant
permanently resides or is countersigned by such Magistrate, the enrolment fee
payable by him to the State Bar Council shall be one hundred rupees and to the
Bar Council of India Twenty Five rupees only.
Secretary,
Bar Council of Rajasthan
Jodhpur
The Bar Council of Rajasthan, Jodhpur
Application for Admission and Enrolment as an Advocate on its Roll
Under Rule 1 of the Rules of the Bar Council under section 28(2)(c) read
with section 15(2)(1) and section 26 of the Advocates Act, 1961
Name of the Applicant: [Mr./Mrs./Miss].........................................
(Full name in Block Letters. Woman candidate must
write Miss or Mrs. before her name)
Father's Name
:...........................................................................
1.
Address............................................................
(Permanent)......................................................
Village......................................
Post...........................
Distt.......................Pin.................Tel No. (if
any)............
2.
Address............................................................
(Temporary/Present)......................................................
Village......................................
Post...........................
Distt.......................Pin.................Tel No. (if
any)............
3.
[Place of
practice].....................................................................................
(Name of only principal place must be given)
To,
The Bar Council of Rajasthan,
High Court Buildings, Jodhpur
I, [Mr./Miss./Mrs.] ................................. [son/daughter/wife] of
Shri ................................................. do hereby declare that I
am desirous of being admitted as an Advocate on the Roll of Advocates
maintained by the Bar Council of Rajasthan and beg to apply for the same.
1.
I hereby declare that:
[I am a citizen of India].
Or
[I am a National
of......................................where citizens of India, duly qualified
are permitted to practice law.]
2.
I hereby declare that I have completed twenty-one years of age.
My date of birth is
............................................................
(As per High School, Secondary School or Higher Secondary School Certificate
enclosed alongwith a True
Copy).
3.
I declare that upon admission, I propose to practice within the State of
Rajasthan.
4.
I am qualified to be admitted as an Advocate on the State Roll under
clause (c) of [sub-section (1) or sub-section (2) or sub-section (3) or
sub-section (4) of section 24] of the Advocates Act, 1961 (No. 25 of
1961).
5.
[I declare that I was enrolled as District Pleader/Vakil/
Mukhtiar/Advocate by High Court/Judicial Commissioner's Court as per
sanad/certificate enclosed].
6.
I was enrolled as an Attorney of the Court
of..................................As per certificate enclosed.
7.
I beg to furnish the details necessary under section 24(1)(c) of the
Advocates Act, 1961, read with the relevant rules of the Bar Council of India
and the Bar Council of Rajasthan.
7A. I hold Degree in Law of a University in India
recognised by the Bar Council of India under section 24(1)(c) of the Advocates
Act, 1961. The particulars thereof are given below:-
1.
If A
Graduate, please enclose Certificate and Mark-Sheets with true copies.
(i)
The College
where the Degree in Arts/Science or Commerce was obtained
:........................................
(ii)
The year in
which obtained :........................................
(iii)
The name of
the Degree :
..........................................................................
(iv)
The medium
of instruction in said course .......................
(v)
Whether
English was one of the subjects? State, if compulsory or optional (with
proof)...........................
(vi)
Other
particulars, if any, regarding the qualifications obtained before joining the
course of instruction in law...................
2.
If Not A
Graduate, enclose a certificate/mark-sheet with true copy
(i)
The other
academic qualification, if any, equivalent to a Degree as prescribed by the Bar
Council of India under section 24(1)(c) (iii) or (iv) of the Advocates Act.
(ii)
The medium
of instruction in the said course.....................
(iii)
Whether
English was one of the subjects in which he/she
passed..................................
B. Law Degree
(i)
Name of the
University in which the Degree in Law was taken.......................
(ii)
(iA) Date of
Commencement of Law Studies (Give the exact date with proof) ......................................
(iii)
Name of the
Degree in Law...............................
(iv)
The academic
year of the course of instruction and the year when the Degree was taken
...............................
(v)
Name of the
College where the course of instruction was taken and completed
......................................
(vi)
Whether the
degree was taken by private study or actual attendance at classes and is
recognised by Bar Council of India (enclose certificate of University or
College stating percentage (%) of attendance at law classes and recognised with
Bar Council of India).
(vii)
The duration
of the course of instruction in Law, whether two years or three years.
(viii)
The medium
of instruction in Law, the language in the course of instruction in Law.......................................................................
(ix)
Whether
Proficiency Test in English was passed in the course of instruction in Law
:.......................Yes or No
Please send proof
(x)
Whether your
perused any other course during your Law studies, if so give the date of
commencement of such other studies with documentary
proof...................................................
(xi)
Other
relevant particulars, if any, such
as:...............................................
C. I hold a Degree in Law of University outside the territory of India
which is recognised by the Bar Council of India, and the particulars are given
below:
(i)
The name of
the a University :...........................................
(ii)
The name of
the Degree :.................................................................................
D. I am a Barrister at law called to the Bar in the year
........................and qualified under section 24(1)(c) as per certificate
with true copy enclosed.
I studied in the :..........................................................
In the years :.......................................................
8.
(Omitted)
9.
(Omitted
10.
To be filled up by persons who have undergone the three years course of
study and taken the Degree in Law after 12.March, 1967. (Enclose Certificate or
Mark-sheet with true Copy). In the course of study for three years, 1 have had
practical training and passed the examination as required by Bar Council of
India. (Give Particulars)
11.
To be filled by applicants who have obtained a Degree in Law before 12th
March, 1967. The period of my two years course of study was from
............................. The examination in December 1971 was held
actually on...................................................and the result
was announced on...........................
12.
I enclose ............. (Original Certificates and Diplomas and furnish True Copies of the Originals Photostat copies also be attested).
Particulars to be furnished
12A. Details of percentage (%) of marks obtained in the following
examinations:-
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(Name of
exam.)
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(Marks
obtained)
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(out of)
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(Percentage
%)
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(Name of
University)
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(Name of
college)
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(a)
Graduation
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(b) LL.B.
1st year
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(c) LL.B.
2nd year
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(d) LL.B.
3rd year
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13.
I enclose certificate of good moral character and of fitness to be an
Advocate on the Roll of the Bar Council of Rajasthan. (Particulars to be
furnished i.e. names with designation be given) (ist ua0 328 in nks ,MoksdsV ds uke fn, gS oks ;gkW ij fy[kus gS)
1.
.......................................
2.
...........................................
Declarations:
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14. I do hereby
declare that
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I am Not
I am
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in full
or part-time employment or service -
|
__________
(Signature)
Except that I am Law Officer/Article Clerk of an
Attorney/Part-time teacher or that I am with no executive duties as exempt
under the Rule No..................... under section ................ framed by
the Bar Council of Rajasthan/Bar Council of India or other, if any.
[Give Particulars]
__________
(Signature)
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15. I declare that
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I am Not
I am
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engaged
in any trade, business or other profession
|
__________
(Signature)
[Except that I have interest in the family business
(Agricultural/Industrial/ Trade) detailed below on account of Joint Hindu
Family/Inheritance or Succession by Survivorship/Sleeping Partnership which is
exempt under Rule ....................... under section .....................
framed by the Bar Council of Rajasthan/Bar Council of India and that I do not
take part in the management thereof or other, if any. (Give particulars).]
__________
(Signature)
OR
16. [I give particulars of my previous employment or trade or
business or profession as under]
__________
(Signature)
17. I have left my previous employment or service in consequence of
termination of service, retirement/resignation/dismissal on ............ under
the following circumstances, also state about punishments/adverse remarks
imposed or communicated during the employment. [State if you are seeking
any remedy against the same]
__________
(Signature)
18. I have left my previous trade, business or profession in the Year
.................. by reason of [(Give details by an affidavit and
documentary proof). The applicant is expected to answer with utmost frankness
and candour.]
__________
(Signature)
19. [State any other circumstances or incident affecting your
character or fitness to be enrolled]
__________
(Signature)
19A. If you have been a Judicial Officer, state the area in which you exercised
Judicial Powers along with the last date.
__________
(Signature)
20. I declare that I made a previous application for enrolment as an
Advocate/ Pleader/Mukhtiar/Revenue Agent to the Bar Council of ............on
the Court of...........on....................................The application
was rejected for the reason of................The application was withdrawn
(Copy of the order of the Bar Council or Court concerned to be filed). (If no
such application was made it should be specifically stated)
__________
(Signature)
21. (a) [Have you been convicted previously by any Court in India
or outside India? ...................... Answer specifically 'Yes' or
'No'........................................]
__________
(Signature)
[Give particulars as to the name of the Court, the number of
proceedings, the order of judgment whether any appeal or revision filed and the
result of the same giving the date of hearing, nature of the appeal under each
head :]
[If your any interest in agriculture, please state whether the land
stands in your name or not, giving location and area of the same. Also state
whether you are managing the same or not. If not, who is managing the same.]
(b) If there are any pending Criminal Proceedings against you, give full
particulars as to name of court, date, nature of proceedings etc.
__________
(Signature)
(c) Have you been dismissed or suspended from service or otherwise
punished while in service? Give particulars with true copies of the orders.
__________
(Signature)
22. [Have you been adjudged as an insolvent by any Court? (Give
particulars)]
(Signature)
22A. Do you or did you suffer from any contagious disease ?
__________
(Signature)
23. I Herewith enclose the MICR Demand Draft being the fee payable u/S.
24(1)(f) of the Advocates Act, 1961 as follows :-
Fees Payable : (Only Micr D.D. will be Accepted)
For General & O.B.C. Candidates
(lkekU; o vks-ch-lh- tkfr ds
fy,)
(a)
MICR D.D. No...............................
Date on the Bank of ......................for Rs. 2170/- in favour of "Secretary, Bar Council of Rajasthan"
payable at Jodhpur.
(Enrolment Fees Rs. 600/- + Postage Charges of Rs. 50/- + Identity Card
Charges Rs. 20/- + Process Fees Rs. 500/- + Training Fees Rs. 1000/- Total
Rupees 2170/-)
(b)
MICR D.D.
No. ........................... Date on the Bank of........................for
Rs. 150/- in favour of "Secretary,
Bar Council of Rajasthan" payable at Jodhpur.
(c)
A Form under
Rule 40 Chapter II Part VI of BCI Rules is enclosed. Please Fill in &
return with a MICR D.D. No........................... Date ...............on
the Bank of........................for Rs. 1000/- being life time subscription
in favour of "Secretary, Bar Council
of India Advocate Welfare Fund" payable at Jodhpur.
23A. In case of a member of the Scheduled Caste or the Scheduled Tribe along
with a certificate from District Magistrate or such authority as may be
described the amount of enrolment fee shall be Rs. 100/- payable under the
Proviso to section 24(1)(f) of the Advocates Act, 1961 as follows:
For Scheduled Caste and Scheduled Tribe
(vuqlwfpr tkfr ,oa vuqlwfpr
tutkfr ds fy;s)
(a)
MICR D.D. No.............Date...............on
the Bank of.............for Rs. 1670/- in favour of "Secretary, Bar Council of Rajasthan"
payable at Jodhpur.
(Enrolment Fees Rs. 100/- + Postage Charges of Rs. 50/- + Identity Card
Charges Rs. 20/- + Process Fees Rs. 500/- + Training Fees Rs. 1000/- Total
Rupees 1670/-)
(b)
MICR D.D.
No................................ Date.................on the Bank
of...................... for Rs. 25/- in favour of "Secretary, Bar Council of Rajasthan"
payable at Jodhpur.
(c)
A form under
Rule 40 Chapter II Part VI of BCI Rules is enclosed. Please Fill in &
return with a MICR D.D. No......................... Date .............. on the
Bank of............................... for Rs. 1000/- being life time
subscription in favour of "Secretary,
Bar Council of India Advocate Welfare Fund" payable at Jodhpur.
24. I hereby declare that if I am admitted as an
Advocate, I will faithfully observe and abide by all rules made by the Bar
Council of Rajasthan 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. I have read the rules relating to Standards of Professional Conduct
and Etiquette
25. I give below my undertaking as required
26. I declare that the statements made in this
application are true to the best of my own knowledge, information and belief
27. I undertake to furnish such other particulars
as may be required of me for the purpose of this application
28. I am herewith furnishing my latest photograph
duly signed by me and attested
by.....................................................
Place:
Date:
Encls:
Signature of the applicant.
If any statement or fact stated in the application
is found to be false at any time, the name of the applicant shall be liable to
be struck off from the roll under Proviso to sub-section (1) of the section 26
of the Advocates Act, 1961.
Certificate of Good Moral Character
(Certificate to be obtained from advocate of atleast 5 years standing)
I,.................................................
(Name of Advocate) of
................................................................. (Address and
profession, occupation or position) certify
that.................................. (Name and description of the applicant)
has been known to me personally for upwards of ................. years last
past. I have had the following opportunities of judging his/her character (that
is to say) .................... I believe him/her to be a person of respectability
and a fit and proper person to be admitted as an Advocate on the Roll of
Advocates of the Bar Council of Rajasthan.
Date this...........................the day
of...................
(Signature)
R/..................../.........................
Date of Enrolment........................
Certificate of Good Moral Character
(Certificate to be obtained from advocate of atleast 5 years standing)
I,............................... (Name of Advocate) of ...............................................................................
(Address and profession, occupation or position) certify
that..................................................... (Name and description
of the applicant) has been known to me personally for upwards
of...............years last past. I have had the following opportunities of
judging his/her character (that is to say) .............................. I
believe him/her to be a person of respectability and a fit and proper person to
be admitted as an Advocate on the Roll of Advocates of the Bar Council of
Rajasthan.
Date this...........................the day of
....................
(Signature)
R/..................../.........................
Date of Enrolment........................
Undertakings
(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
(unless exempted by the Bar Council under its rules), I shall forthwith inform
the Bar Council of such employment or engagement and shall cease to practice as
an Advocate.
(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.
(c)
I do hereby
declare that:
(i)
I shall
uphold the Constitution and the Laws.
(ii)
I shall
conform to the standards of professional conduct and etiquette laid down by the
Bar Council of India which I have read.
(iii)
I shall
faithfully discharge every other obligation cast on me by the Advocates Act,
1961, and the rules framed thereunder.
(iv)
I shall
inform the Bar Council, of any change of my residence or place of practice, for
the proper maintenance of the Roll and Voters List.
I declare that the facts stated above in this
application are true and correct and that the documents filed are genuine.
Dated, this..........day of.......
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____________________________
Signature of the applicant
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Latest
Passport Size duly attested with seal by Notary Public or Gazetted officer
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Please
give below your specimen signature, both in English and Hindi
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____________________________
(In English)
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(Please
affix your recent passport size photo with your signature on it and get it
duly attested with seal)
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____________________________
(In Hindi)
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Note. - Please put signature at all
places wherever word "signature" is printed. If the matter under any
column is not applicable, please delete the same or fill the required
information).
Form
The Bar Council of Rajasthan, Jodhpur
Application for Voluntary Suspension of Practice as an Advocate
[under Rule 3 of the Rules under section 28(2) read with Sections 24(1)(e),
15(2)(i) and 26]
To,
The Secretary,
Bar Council of Rajasthan,
Jodhpur.
Dear Sir,
I have ceased to practice with effect from from........... Kindly
suspend me practice on the Rolls.
My Particulars are given as below:-
(1)
Name:
(2)
Address:
(a)
At the time
of suspension:
(b)
After
suspension:
(3)
Enrolment
No.:
(4)
Date of
Enrolment:
(5)
Reason for
suspension:
Place:
Date:
Signature of Advocate
N.B. - Please return this form duly filled along
with a postal order of Rs. 25 payable to "The Bar Council of Rajasthan
Jodhpur".
Form
The Bar Council of Rajasthan, Jodhpur
Application for Resumption of Practice as an Advocate
[under Rule 5 of the Rules under section 28(2)(c) read with Sections
24(1)(e), 15(2)(i) and 26]
To,
The Secretary,
Bar Council of Rajasthan,
Jodhpur.
Dear sir,
This is lo inform you that I am resuming practice
as an advocate from............ (date to be specified).
My particulars are given below:-
(1)
Name:
(2)
Address:
(3)
Enrolment
No. & date:
(4)
Place of
practice:
(5)
Date from
which practice suspended:
(6)
No. &
date of order reg. above:
(7)
State how
the disability has ceased to exist (i.e. whether resigned, retired etc. by an affidavit
or proof):
Certificate of Good Character (enclosed):
Place:
Date:
Signature of Advocate
N.B.:-Please return this form duly filled along with a DD of Rs. 1000/- in
favour of the Secretary, Bar Council of Rajasthan, Jodhpur and Rs. 200/- in favour
of the Secretary, Bar Council of India, Jodhpur.