[1][THE
ANDHRA PRADESH STATE BAR COUNCIL RULES, 1973] In exercise
of the powers conferred by Sections 15 and 28 of the Advocates Act, 1961, (Act
25 of 1961), the Bar Council of the State of Andhra Pradesh make the following
rules which have been approved by the Bar Council of India: (1)
These rules may be called the Rules of the
Bar Council of the State of Andhra Pradesh and shall come into force with effect
from the date of approval of the Bar Council of India. (a)
"Act" means the advocates Act,
1961; (b)
"Advocate" means an advocate
entered on the Roll of the council; (c)
"Advocate-General" means the Advocate-General
for the State of Andhra Pradesh; (d)
"Casual Vacancy" means a vacancy
that has arisen, otherwise than by efflux of time; (e)
"Chairman" means the Chairman of
the Council and includes the Vice-Chairman; (f)
"Council" means the Bar Council of
the State of Andhra Pradesh; (g)
"Form" means a form mentioned in
Schedule I hereto; (h) "High Court" means the High Court of Andhra
Pradesh; (h)
"Prescribed" means prescribed by
these rules; (i)
"Rules" means the rules made by the
Council; (j)
"Secretary" means the Secretary of
the Council or other person who may be appointed by the Council to perform the
duties of a Secretary, however designated; (k)
"State " means the State of Andhra
Pradesh; (l)
"State Roll" means the roll of the
Council; CHAPTER – II ELECTIONS (a)
"Candidate" means an Advocate, who
has been nominated for election; (b)
"Continuing Candidate" means may
candidate not elected and not excluded from the poll at any given time; (c)
"Count" means (1)
all the operations involved in the counting
of the first preferences recorded for candidates; or (2)
all the operations involved in the transfer
of the surplus of an elected candidate; or (3)
all the operations involved in the transfer
of the total value of votes of an excluded candidate; (d)
"Election-Day" means Days on which
voting takes place; (e)
"Exhausted Paper" means a voting
paper on which no further preferences is recorded for a continuing candidate,
and includes a voting paper on which - (1)
the names of two or more candidates, whether
continuing or not, are marked with the same word and are next in order of
preference; or (2)
the name of candidate next in order of
preference, whether continuing or not, is marked by a word not following
consecutively after some other words on the voting paper or by two or more
words; (f)
"First Preference" means the word
"ONE" set opposite the name of a candidate; "Second
Preference" means the word "TWO" set opposite the name of a
candidate; "Third preference" means the word "THREE" set
opposite the name of a candidate, and so on; (g)
"Original Vote," in relation to any
candidate, means a vote derived from a voting paper on which a first preference
is recorded for such candidate; (h)
"Polling Officer" means, in the
City of Hyderabad and Secunderabad, the Secretary, and in the mofussil any
person to whom the duties of a polling Officer, are entrusted under these
Rules; (i)
"Surplus" means the number by which
the value of the votes, original and transferred, of any candidate exceeds the
quota; (j)
"Transferred Vote", in relation to
any candidate, means a vote the value or part of the value of which is credited
10 such candidate and which is derived from a voting paper on which a second or
a subsequent preference is recorded for such candidate; (k)
"Unexhausted Paper" means a voting
paper on which a further preference is recorded for a continuing candidate; (l)
"Voter" means any advocate whose
name appears on the voters list of the Council (m)
"Ballot Paper" means a voting paper
prescribed in form 2(A) bearing the fascimile, initial or signature of the Secretary
showing the date of election and the number of members to be elected and shall
contain the names in alphabetical order of all the candidates who are validly
nominated and who have not withdrawn. Explanation: A voting paper shall mean
a Ballot paper. (n)
The word "Voting Paper" wherever
used in these rules shall mean and refer to the Ballot paper as defined is
Sub-rule "m". Every advocate whose name is on the
electoral role of the council shall be entitled to be nominated for or vote at
an election. The name of an advocate appearing in
the state role shall not be on the electoral role, if on information furnished
by the advocate concerned in terms of Rule 3-D or information received or
obtained by the Council that. (a)
his name at any time been removed ; (b)
he has been suspended from practice, provided
that this disqualification shall operate only for a period of five years from
the date of the expiry of the period of suspension ; (c)
he is an undischarged insolvent; (d)
he has been found guilty of an election
offence in regard to an election to the Council by an Election Tribunal,
provided however that such disqualification shall not operate beyond the
election next following after such finding has been made; (e)
he is convicted by a competent court for an
offence involving moral turpitude, provided that this disqualification shall
cease to have effect after a period of two years has elapsed since his release
; (f)
he is in full time service or in part time
business such or other vocation not permitted in the case of practising
advocates by the Rules either of the Council or of the Bar Council or India; (g)
he has intimated voluntary suspension of
practice and has not given intimation of resumption of practice ; (h)
his name is transferred to the roll of
advocates of any other State Bar Council by the date fixed for nomination or
voting as the case may be ; or (i)
he has found by a competent court to be of
unsound mind. Subject to the provisions of Rule 3-B,
the name of every advocate entered in the state Roll shall be entered in the
electoral roll of the Council. (1)
In preparing the Electoral Roll, unless the
Council is already maintaining a list of Advocates who are entitled to be
voters in terms of Rule 3-B of these Rules, atleast 150 days before the date of
election, shall publish notice issued by the secretary of the Council in Form
No. 1-A the official Gazette and in two or more local news papers, one English
and the other of local language, as may be decided by the Council to intimate
the Council within the time to be specified in the said notice or within such
extended time as may be given/allowed by the Council for reasons to be
recorded, as he has incurred any disqualification mentioned in Rule 3-B of
these Rules (Rule 3-B has to be quoted in the notice). By the said notice the
Secretary shall also inform the Advocates concerned that unless informations
required by the said notice in question is received by the Council in Form No.
1 -A or form exactly similar thereto, within the specified time or within the
extended time as stated herein above, his name shall not be included in the
Electoral Roll and he shall not be entitled to take part in the election in
question. (2)
The Secretary of the Council shall also a
similar notice along with Form No. 1-A to all advocates on the Roll of the
Council at their respective addresses as maintained by the Bar Council, in
ordinary post with certificate of posting, asking the Advocate concerned to
furnish all the informations mentioned in the said notice and in the form
attached therewith or in a form exactly similar thereto either types printed or
cyclostyled, within the time specified in the notice. Unless, such information
is furnished within the time specified, the name of the Advocate concerned
shall not be included in the electoral roll, and he shall not be entitled to
take part in the election in question. Any accidental omission to send this
personal notice to any Advocate or Advocates shall not invaliate the election. Election of the members of the Council
shall be held at such place and on such day and during such hours as the
Council may specify. (a)
Notice of the date, time and place of
election shall be given by publication in the State Gazette over the signature of
the Secretary upon a date not less than forty days before the date of election. (b)
Copies of such notice shall also be sent by
the Secretary to the Presidents of the Advocates' Association of the High Court
and other similar Association, in different parts of the State for publication
by them. After such notification, every
candidate for election as a member of the Council shall be nominated by two
voters in Form No. 1, addressed to the Secretary ad signed by each such voter
and delivered or sent by Registered Post to the Secretary, not less than twenty
days before the date of election. The nomination shall be accompanied by a fee
of Rs. 200. with the Secretary, which is not refundable even in the event of
success in the elections. Alter the expiry of the date fixed for
nomination the Secretary shall submit all the nomination papers for scrutiny to
the Advocate-General subject to the result of any election petition, the
decision of the Advocate-General as to the validity of the nomination shall be
final 7-A. The nomination of any person who at the date of scrutiny thereof is
subject to any of the disqualifications referred to in Rule 3-B shall be
rejected. Any person whose name has been
nominated as a candidate may withdraw his name by communication in writing so
as to reach the Secretary not later than fifteen days before the date of
election, and thereupon his name shall be omitted from the list of candidates. When the number of candidates duly
nominated is equal to the number of seats to be filled, the Secretary shall
declare the candidates as having been duly elected. In the case voting becomes necessary
not less than twelve days before the date fixed for election, the Secretary
shall cause the names of all the candidates duly proposed to be pasted on a
notice board of the Council in alphabetical order, and may send copies thereof
to the High Court, the District Court, Presidents of the Advocates' Association
of High Court, and other similar associations in the different parts of the
State for publication thereof. (a)
A preliminary voters role containing the
names of all advocates whose names are required to be included under those
rules shall be put up on the notice board of the Council within 120 clear days
of the expiry of the term of the members of the Council, necessitating the
election and relevant portion thereof shall be sent to the Bar Associations by
the Secretary considers fit. (b)
The final electoral roll shall be prepared
after incorporating such changes as may be necessary including the addition of
the name of Advocates enrolled after the preparation of the preliminary roll
and put up on the notice board and the Council not more than 75 clear days and
not less than 60 clear days, before the date of election. Intimation of such
publication shall be given within a week after the publication to the Bar
Associations aforesaid. (c)
Revision of Electoral Roll, if for any reason
the election to the Council is postponed beyond the date of expiry of the term
of its members the preliminary or the final electoral roll shall be revised so
as to include therein the name of advocates enrolled upto 75 clear days before
date of the election. (d)
Before final publication of Electoral Roll,
the Council may, if satisfied, on an application made by any particular
Advocate giving sufficient reasons for not being able to furnish the
information sough in terms of Rule 3(1), allow the name of the advocate who has
made such application to be included in the Electoral Roll In question, and on
such inclusion on Advocate concerned shall be entitled to take part in the
election in question. (e)
The electoral roll of the Council shall
inter-alia contain the following particulars : (i)
Serial Number, (ii)
Number on the State Roll, (iii)
Name of Advocate as on the roll, and (iv)
Address of the advocate. (a)
Voting shall be by secret and personal
ballot. (b)
Not less than ten days before the date fixed
for election, the Secretary, shall despatch by registered post the sealed boxes
and the ballot papers to each Polling Officer, in the mofussil. The said
Officer shall conduct the election in the manner specified by the Council; and
after the ballot is concluded or after the expiry of the time fixed for
election, he shall seal the slit of ballot box in the presence of the
candidates or their agents, who shall be entitled to affix their seals. The
said Officer shall despatch the ballot boxes by registered parcel to the
Secretary, the date following the poll, duly packed and sealed. (c)
The Secretary shall send a copy of the
voter's list in the polling area to the Polling Officer along with the ballot
papers and all the voters in the said area shall vote at the place fixed for
election by the concerned Polling Officer. (d)
In the city of Hyderabad and Secunderabad,
the Secretary shall conduct the election in the manner specified by the Rules.
After the ballot is concluded or after the time for election is over he shall
seal the ballot box in the presence of the candidates or their agents, who
shall be entitled to affix their seals. (e)
Each voter attached to a particular polling
station shall be entitled to vote at that polling station only. Elections and all matters relating
thereto for which provision is made in these Rules shall be conducted by the
Secretary, and Secretary may appoint any person or persons to assist him in
heconduct thereof. On the day and time and at the place
appointed for the election, a ballot paper shall be handed over by the Polling
Officer to each voter, who applies in person therefor. When a ballot paper has been handed
over to a voter under Rule 14, a second ballot paper shall not be issued to the
voter unless he satisfies the Polling Officer that the ballot paper has been
spoilt or mutilated or destroyed in which case a duplicate ballot paper may be
issued to him. (1)
Every voter shall have only one vote at the
election, irrespective of the number of seats to be filled. (2)
A voter in giving his vote- (a)
shall place on his ballot paper, the word
"ONE" in the space opposite the name of the candidate whom he chooses
for his first preference; (b)
may place on his voting paper, the words
TWO", "THREE" "FOIR" and so on, in the space opposite
the names of the other candidates in the order of his preference. (3)
A ballot paper shall not be signed by a voter
and in the event of any erasures, obliterations or alterations in the ballot
paper or of the ballot paper purporting to have been signed by the voter, the
ballot paper shall be deemed to have been defaced, and no votes purporting to
have been given thereby shall be taken into account for the purposes of the
election. (4)
The decision of the Advocate-General whether
a voting paper has or has not been defaced shall be final. A voter shall, after filling the
ballot paper, deposit the same in the ballot box. As soon as may be, after the receipt
of ballot boxes from the Polling Officers in the mofussil, the Secretary shall
open the ballot boxes at such time and place, as notified by him, in the
presence of the candidates or their agents who may be present and shall start
counting of the votes. (a)
the word "ONE" is not written ; or (b)
the word "ONE" is set opposite the
names of more than one candidate or is so placed as to render it doubtful to
which candidate it is. intended to apply ; or (c)
the word "ONE" and some other words
are set opposite the name of the same candidate: or (d)
there is any mark in writing by which the
voter can be identified. (a)
arrange the remaining voting papers in
parcels according to the first preference recorded for each candidate ; (b)
count and record the number of papers in each
parcel; and (c) credit to each candidate the value of papers in his parcel. (a)
add the values credited for a candidate under
clause (c) of Rule 20; (b)
divided the total by a number which exceeds
by one the number of seats to be filled; and (c)
add one to the quotient, ignoring the
remainder if any, the resulting number is the quota. If at the end of any count or at the
end of the transfer of any parcel or sub-parcel of an excluded candidate, to
value of voting papers credited to that candidate is equal to or greater than
the quota, that candidate shall be declared elected. (1)
At the end of any count, the value of the
voting paper credited to a candidate is greater than the quota, the surplus
shall be transferred in accordance with the provisions of this rule to the
continuing candidates indicated on the voting papers of that candidate next in
order of the voters, preference. (2)
If more than one candidate have surplus, the
largest surplus shall be dealt with first and the others in order of magnitude; Provided that every surplus arising on
the the first count shall be dealt with before those arising on the second count
and so on. (3)
Where there are more surpluses than one to
distribute and two or more surpluses are equal, regard shall be had to the
original votes of each candidate, and the candidate, for whom more original
votes are recorded shall have his surplus first distributed, and if the value
of the original votes equal, the Secretary shall decide by lot which candidate
shall have his surplus first distributed. (4)
(a) If the surplus of any candidate to be
transferred arises on the original votes only, the Secretary shall examine all
the papers in poll belonging to that candidate, divide the unexhausted papers
into sub-parcels according to the next preference recorded thereon and make a
separate sub-parcel of the exhausted papers. (b) The Secretary shall ascertain the
value of the papers in each sub-parcel and of all the un-exhausted papers. (c) If the value of the unexhausted
papers in equal to or less than the surplus, the Secretary shall transfer all
the unexhausted papers at the value at which they were received by the
candidate whose surplus is being transferred. (d) If the value of the unexhausted
papers is greater than the surplus, the Secretary shall transfer the
sub-parcels of the unexhausted papers, and the value at which each paper shall
be transferred shall be ascertained by dividing the surplus by the total number
of unexhausted papers. (5)
If the surplus of any candidate to be
transferred arises from transferred as well as original votes, the Secretary
shall reexamine all the papers in the sub-parcel last transferred to the
candidate, divide the unexhausted papers into sub-parcels according to the next
preference recorded thereon, and then deal with the sub-parcels in the same
manner as is provided in the case of sub-parcels referred to in Sub-Rule (4). (6)
the papers transferred to each candidate
shall be added in the form of a sub-parcel to the papers already belonging to
such candidate. (7)
All papers in the parcel or sub-parcel of an
elected candidate not transferred under this rule shall be set apart as finally
dealt with. (1)
If, after all surpluses have been transferred
as hereinbefore provided, the number of candidates elected is less than the
required number, the Secretary shall exclude form the poll the candidate lowest
on the poll and shall distribute his unexhausted papers among the continuing
candidates according to the next preferences recorded thereon, and all exhaused
papers shall be set apart as finally dealt with. (2)
The Papers containing original votes of an
excluded candidate shall first be transferred, the transfer value of each paper
being one hundred. (3)
The papers containing transferred votes of an
excluded candidate shall then be transferred in the order of the transfers in
which and at the value at which, he obtained them. (4)
Each of such transfers shall be deemed to be
a separate transfer, but not a separate counter. (5)
If, as a result of the transfer of papers,
the value of votes obtained by a candidate is equal to or greater than the
quota, the count then proceeding shall be completed, but no further papers
shall be transferred to him. (6)
The Process directed by this rule shall be
repeated on the successive exclusions one after another of the candidates
lowest on the poll until such seat is fulled either by the election of a
candidate with the quota or as hereinafter provided. (7)
If at any time it becomes necessary to
exclude a candidate and two or more candidates have the same value of votes and
are the lowest on the poll, regard shall be had to the original votes of each
candidate and the candidate for whom fewest original votes are recorded shall
be excluded: and if the values of their original votes are equal, the candidate
with the smallest value at the earliest count at which these candidates had
unequal values shall be excluded. (8)
If two or more candidates are lowest on the
poll and each has the same value of votes at all counts, the Secretary shall
decide by lot which candidate shall be excluded. (1)
When at the end of any count the number of
continuing candidates is reduced to the number of seats remaining unfilled, the
continuing candidates shall be declared elected. (2)
When at the end of any count only one seat
remains unfilled and the value of the papers of some one candidate exceeds the
total value of the papers of all the other continuing candidates together with
any surplus not transferred, that candidate shall be declared elected. (3)
When at the end of any count only one seat
remains unfilled, and there are only tow continuing candidates and each of them
has the same value of votes and no surplus papers can be transferred, the
Secretary shall decide by lot which of them shall be excluded, and after
excluding him in the manner aforesaid, declare the other candidate to be
elected. In carrying out the provisions of
rules 20 to 23. the Secretary shall disregard all fractions and ignore all
preferences recorded for candidates already elected or excluded from the poll. (1)
Upon the completion of court, a list of the
candidates elected to the Council shall be prepared and signed by the Secretary
and submitted by him to the Chairman who shall certify the same by his
signature. (2)
After such certificate, a copy of the list
shall be published in the State Gazette and shall also be sent to the
Presidents of the Advocates' Association of the High Court and similar
Associations in different Parts of the State. (3)
On the Publication of the list in the State
Gazette, the persons whose names appear in the list shall be declared to have
been elected. (1)
Any defeated candidate may contest the
validity of the election of a candidate, by a verified petition to the Council
accompanied by Rs. 50/- The election petition shall be accompanied with six
true copies of the same together with a cash deposit of Rs. 250/-. (2)
Such petition shall state the ground on which
the validity of the election is contested and shall be delivered or sent by
Registered Post to the Secretary so as to reach him within seven days of the
date of Publication in the State Gazette of the list under Rule 27. (3)
The Secretary shall on receipt of any such
petition refer the dispute arising therefrom to the Tribunal specified in rule
30 for decision. (4)
Subject to the other provisions contained in
this rule, after the expiry of seven days from the date of such publication,
the validity of the election shall not be questioned. (5)
Pending the decision of an election dispute,
the candidate whose election is challenged shall be entitled to continue in
office; and no act, order or resolution of the Council or any of its committees
shall be called in question on the ground only that his election was invalid. At the expiry of twenty one days from
the date of publication aforesaid of the list the ballot papers shall be
destroyed, provided that where the validity of an election has been challenged
under rule 28, the ballot papers shall be preserved and dealt with, s the
Tribunal specified in rule 30 may direct. (1)
Any dispute arising under rule 28 shall be
decided by a tribunal of three numbers elected by the Council from among
themselves, excluding those whose election is challenged. (2)
The decision of the Tribunal shall be final. (3)
The Tribunal may award costs if it thinks fit
and it shall be executable as a decree in any executing court at the place
where the person against whom the order is made is ordinarily practising or
residing; and the provisions of the Code of Civil Procedure shall apply as far
as may be therefor. (4)
(a) In the case of the dismissal of election
petition, the amount of costs, if awarded shall be paid from out of the deposit
made under Rule 28(1). (b) The deposit amount under Rule
28(1) shall be refunded to the depositor, subject to the above clause (a),
after 15 days form the date of the disposal of the election petition. If the Tribunal decides that a
candidate has not been validly elected, the vacancy shall be filled up as
provided in the case of casual vacancy. Notwithstanding the absence of the
Chairman or any member of the Election Tribunal on the date fixed for hearing
of an election petition before it, the Tribunal may hold or continue the
proceedings on the date so fixed ad no such proceedings and no order made by
the election Tribunal in any such proceedings shall be invlid merely by reason
of the absence of the Chairman or member thereof on any such date, provided
that any two out of three persons constituting the Tribunal are present
provided further that no final order on the Petition shall be made in any
proceeding unless the Chairman and other members of any Election Tribunal are
Present. The Chairman and Vice-Chairman of the
outgoing Council shall continue in the office till others are elected in their
places. The Chairman or in his absence, the
Vice-Chairman of the Council, shall preside over the first meeting of the
Council constituted under these rules for election of Chairman and
Vice-Chairman and in their absence, any other member, elected by the members
present shall preside for this purpose. The Chairman of such meeting shall not
be disqualified, by reason only of his presiding over the said meeting for
election as Chairman or Vice-Chairman of the Council. The election of Chairman and
Vice-Chairman shall be conducted in the following manner. (a)
Every candidate for election as Chairman and
Vice-Chairman shall be proposed orally on the spot by atleast one member of the
Council and shall be seconded by another. Any member of the Council, whose name
has been proposed for the place of Chairman or Vice-Chairman may decline to
stand for election. (b)
It one candidate alone is proposed for each
of the two places of Chairman and Vice-Chairman, or if one candidate alone
remains after withdrawals by others, if any, the Chairman shall declare them
duly elected to the respective offices. (c)
If there are more number of candidates
contesting for the office of the Chairman and Vice-Chairman of the Council than
one, election of the Chairman will be conducted first; and it will be followed
up by the election of the Vice-Chairman. (d)
Voting papers bearing the names of the
candidates duly proposed and seconded will be handed over by the Chairman and
the Members of the Council for the purpose of enabling them to exercise their
franchise. (e)
A voter, in recording his vote, shall place
on his voting paper the figure "X" in the space opposite the name of
the candidate whom he chooses for the office of the Chairman and Vice-Chairman,
as the case may be. (f)
A voting paper shall be invalid in which the
figure, "X" is set opposite to the names of more than one candidate,
or is so placed as to render it doubtful to which candidate it is intended to
apply, or there is any other mark or writing by which the over can be
identified. (g)
The decision of the Chairman on the question
as to whether or not the voting paper is invalid will be final. The Members of
the Council, after marking the necessary entry in the voting papers given to
them shall place the same in the sealed box which will be kept ready for the
purpose. (h)
After the recording of votes is completed,
the Chairman, shall open the box in which ballot papers are deposited and count
the votes secured by each candidate in the presence of all the candidates in
the election. He shall them declare the candidates who have secured the maximum
number of votes duly elected as Chairman and Vice-Chairman, as the case may be. (i)
In the case of equality of votes the result
shall be decided by casting lots on the spot. In case of dispute as regards the
election of Chairman and Vice-Chairman, the procedure in rule No. 30, above
shall apply, provided that the application shall be filed within seven days of
election. There shall be vacancy in the office
of the Chairman or Vice-Chairman whenever he ceases to be a member of the
Council and such vacancy shall be filled up by election as provided in Rule 35
above. The Council shall elect one of its
members as member of the Bar Council of India in the manner prescribed by the
later. Any casual vacancy among the elected
members of the Council shall be filled by the Council by co-option, provided
that the member thus co-opted shall continue in office only for the unexpired
period of the term of the member whose vacancy he fills up. (a)
becomes of on sound mind; (b)
is adjudicated an insolvent vent; (c)
is suspended or struck off the rolls under
the Act and the Rules; and (d)
is transferred to the roll of advocates of
any other State Bar Council. CHAPTER – III LEGAL TRAINING AND
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Training now] CHAPTER – IV ENROLMENT Rules framed under Sec. (2) (d) read
with Sec. 24(1) (e) 70. 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 his rule shall
not apply to : (i)
Any person who is Law Officer of The Central
Government or the Government of a State; or of any Public Corporation of body
constituted by 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 Article Clerk of an
Attorney ; (iii)
Any person who is an assistant to an Advocate
or to an Attorney who is an Advocate ; (iv)
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 employment does not conflict with his
professional work, and is not inconsistent with the dignity of the profession.
This shall be subject to such directions, if any, as may be Issued by the Bar
Council of India from time to time. (v)
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; and (vi)
Any class of persons as the Bar Council may
from time to time exempt with the approval of the Bar Council of India. Evey candidate for admission as an
advocate by the Bar Council of the State of Andhra Pradesh, whose medium of
instruction In the Law Degree course Is not In English shall pass a Preliminary
examination in English conducted by the Bar Council. Provided that a candidate
who has taken his law degree with English as an optional subject shall not be
required to pass such preliminary examination In English. A person suffering from a contagious
disease which in the opinion of the State Bar Council makes his practice of Law
a hazard to the health of others shall not be enrolled during the time that
person concerned continues to suffer form the said disease. A person who is otherwise qualified to
be admitted as an advocate, shall not be admitted as an advocate if he had been
either dismissed or removed from any service. 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 that he is not engaged in any
trade, business or profession. 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 Inform the Bar Council of such service or employment or engagement
and shall cease to practice as an Advocate. No advocate shall accept any
employment which, In the opinion of the Council, is derogatory to the status of
an Advocate. And if he does so, he shall be liable to be proceeded against for
professional misconduct. A breach of the above mentioned rules
or any undertaking given in pursuance thereof shall amount to professional
misconduct. The application shall be accompanied
by the following: (a)
A diploma or certificate showing that the
applicant has taken a degree in law of a University in India. A certificate
showing that he is a graduate before he joined the Law Degree course and a
certificate showing his date of birth. (aa) A certificate that he has passed the examination
held by the Bar Council. (aaa)
Omitted. (aaaa)
Omitted. (b)
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 Andhra Pradesh from atleast two persons of respectability
and position (not being his relations) preferably Advocates on the Roll of the
Bar Council of Andhra Pradesh. Where the applicant is a person already enrolled
as a Vakil, Pleader or an Attorney he shall not be required to produce such
certificates. (c)
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. (d)
A declaration as to whether the applicant has
made any previous application for admission as Advocate to any high Court and
the result thereof. (e)
A declaration that he is a citizen of India
or national of a country..........................where citizens 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 fee prescribed for enrolment under
Section 24(1) (f). (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 follows: (i)
any person who is a Law Officer of the Central
Government or the Government or the Government of a State; (ii)
Any person who is an Articled Clerk of an
Attorney ; (iii)
Any person who is an assistant to an Advocate
or to an Attorney who is an Advocate; (iv)
Any person who is part-time service as a
Professor, Lecturer or Teacher-in-law; (v)
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 (vi)
Any other person or class of persons as the
Bar Council may from time to time exempt. (i) The 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 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 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. The application for admission shall be
in the form to be approved by the State Bar Council. The application shall be scrutinized
by the office and submitted the the Enrolment Committee of the Bar Council. The
Enrolment Committee shall proceed to dispose of every application in accordance
with the provisions of the 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 force. In the event of the Enrolment
Committee feeling any doubt or difficulty as to the eligibility of the persons
seeking admission or as to the interpretation 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 clarification of such doubt,
difficulty or such question and shall finally dispose of the application in the
light of ruling and/or directions given by the Bar Council In that behalf. 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 recorded its reasons
in a statement and shall refer the application under Section 26(2) of the Act
for the opinion to the Bar Council and dispose it of in conformity with the
opinion of the Bar Council of India. CHAPTER – V
DECLARATION UNDER SECTION 17 All persons who were entered as
Advocates on the roll any High Court under the Indian Bar Councils Act, 1926
immediately before 1st December, 1961, shall express their intention to practise
within the jurisdiction of the Council in Form No. 13. CHAPTER – VI STATE
ROLL The Council shall maintain a Roll of
Advocates as provided in Section 17 of the Act, consisting of two parts, one
for Senior Advocates and one for other advocates. The council shall send to the Bar
Council of India, authenticated copy of the Roll of Advocates and all
alterations in and additions to the said Roll under Section 19 of the Act to
the Bar Council of India, as well as the High Court. Whenever an Advocate on the roll
suspends practice, he shall intimate the said fact to the Council within 15
days thereof and shall not resume practice unless he gives previous intimation
thereof to the Council. The Secretary shall not such suspension or resumption
of practice in the entries against the name of person in employment declaring
his intention under Section 17(1) and desiring that his name be included in the
State Roll. Whenever an advocate is transferred to
the roll of any other State Bar Council, his name shall be struck off and an
endorsement be made against his name to that effect and whenever an advocate is
transferred to the roll of Council from that of any other State Bar Council,
his name shall be included in the list of senior or other advocates as the case
may be. [deleted] [deleted] [deleted] [deleted] CHAPTER - VII (a)
an Executive Committee; (b)
an Enrolment Committee; (c)
one or more Disciplinary Committee; (d)
Omitted; (e)
a Legislative Committee; (f)
a Privileges Committee; (g)
a Rule Committee; (h)
a Library Committee; and (i)
a Finance Committee; The Enrolment and Library Committees,
shall consist of 3 members each and the Executive and Finance Committees 6
members each elected from amongst the members of the Council. There may be one
or more Disciplinary CommitteesEach Disciplinary Committee shall consist of
three persons of whom two shall be persons elected from amongst its members and
other shall be a person co-opted by the Council from amongst the advocates as
provided in Section 9 of the Act. The Advocate" general shall not be
eligible to be a member of a Disciplinary Committee. The Legislative.
Privileges and Rule Committees shall each consist of 5 members of whom the
Advocate-General shall be ex-officio member and President thereof and the other
four shall be elected from amongst the members of the council. Subject to the above provisions the
Chairman shall preside over any Committee of which he is a member and in the
absence of Chairman or President, as the case may be, the senior-most member of
the Committee shall preside over the meetings thereof. The Secretary shall be ex-officio
Secretary of all the Committees. Whenever there is a casual vacancy in
any Committee it shall be filled up by the Council from amongst its members by
election and such member shall hold office as a Member of the Committee only
for the unexposed portion of the term of the member in whose place he is
elected. Explanation: A casual vacancy in any
committee shall be deemed to have occurred if a member of such Committee is
absent for three consecutive meetings of such Committee without sufficient
cause in the opinion of the State Bar Council. The term of a member of a Disciplinary
Committee, who is not a member of the Council, shall ordinarily be two years
from the date of election and whenever there is a casual vacancy in his office
before the expiry of his term, it shall be filled up by the Council. The Executive Committee shall exercise
all powers relating to executive and administrative functions of the Council.
Such powers shall include power- (a)
to manage and invest the funds of the
Council; (b)
to provide for election of members to the
Council; (c)
to give financial aid to indigent or disabled
Advocates ; (d)
to prescribe books of Account, Registers,
other books and forms to be maintained by the Council; (e)
to appoint auditors for the audit of accounts
and fix their remuneration ; (f)
to examine the annual audit report and place
it with its opinion before the Council; (g)
to provide for annual inspection of the
office ; (h)
to prepare and place before the Council,
annual administration report and statement of accounts ; (i)
to authorise the Secretary to meet all
incidental expenses and for providing for impress money etc., (j)
to exercise all residuary powers not
specifically entrusted under the rules to any other committee. The Enrolment Committee shall deal
with and dispose of all applications for enrolment as Advocates and any other
matter relate to qualifications for enrolment. The Disciplinary Committee shall deal
with all complaints against Advocates for breach of professional or other
misconduct referred to it by the Council. It shall follow the procedure laid
down in the rules framed by the Bar Council of India. Omitted. The Legislative Committee shall
examine all bills, proposed rules and bye-laws framed under the various
enactments, ordinances and regulations, record their opinions and communicate
them to the concerned authorities and may place the same for consideration and
disposal by the Council. It shall also examine and suggest touching the
interests of the legal profession and administration of justice. It may also
suggest codification of law, rules and regulations guiding Advocates, Judges
and Tribunals for maintaining proper standards in the legal profession and
administration of justice. It shall be the duty of the Privileges
Committee to safeguard the rights, privileges and interests of Advocates on its
roll, deal with questions effecting the profession and the relations between the
members of the profession and the presiding officers of the Courts, Tribunal
and other authorities, the State and the Public. (1)
The Bar Council shall either on a complaint
received from any member of the Legal Profession or may sua motu, if in its
ipinion, the rights, privileges and interests of an advocate or advocates are
effected by any person or authority, refer the same to the Privileges
Committee. Such complaint shall be in form of a petition duly signed and
verified as required under the Code of Civil Procedure. (2)
The Privileges Committee may call for further
details or information regarding the matter complained of or call for remarks
from the person or authority against whom the complaint was made and hold such
enquiry as deems necessary. (3)
After the conclusion of the enquiry, the
Privileges Committee shall submit its report to the Bar Council with its
recommendations. The Rule Committee shall frame the
necessary rules under the Act and place the same before the Council and examine
all rules framed by the Bar Council of India and other State Bar Councils and
make such recommendations for additions and alterations in the rules and the
Act as are necessary from time to time. The Library Committee shall deal with
the purchase of books, periodicals, journals, dailies etc., and maintenance of
the Library of the Council. The Finance Committee shall prepare
the annual budget and present the same to the Executive Committee not later
than 21st March, of every year, and shall have power to lay down rules relating
to accounts of the Council, of check the accounts and to supervise and inspect
preparation of annual statement of accounts and audit and to consider the
financial implications of any matter referred to it by the Council or any other
Committee. It shall have power to call for any information or any statement of
account of the Council for scrutiny. (a)
In addition to the above powers and duties,
the Committees may deal with such other matters as are referred to them by the
Council. (b)
The Council shall have power to appoint such
other Committees as it may require from time to time. The Council or the Chairman, in case
of urgency, shall nominate such number of its members as may be necessary or
prescribed to represent the council at Seminars, law conferences or the like,
organized by other Bar Councils, or Bar Associations or other organizations or
bodies pertaining to law, on such conditions as may be prescribed by it. CHAPTER – VIII GENERAL
RULES FOR CONDUCT OF AND PROCEDURE TO BE FOLLOWED AT THE MEETINGS Notice of all meetings of the Council
and the Committees shall ordinarily be sent by the Secretary, who shall be
convener thereof, not less than seven days before the date of meeting except
when the Chairman or any two members require a meeting to be called on shorter
notice on grounds of urgency. No proceedings shall be invalid merely on the
ground that the rule requiring notice is not strictly complied with. Notice of the meeting shall specify
the time and place of the meeting and shall as far as possible specify the work
that may be brought forward before the meeting. No member shall be entitled to bring
forward for the consideration of the meeting any resolution of which he has not
given three clear days notice to the Secretary, unless the Chairman in his
discretion allows him to do so. The decision of the Chairman on all
points of order arising at the meeting shall be final. The minutes of the previous meeting
shall be read and recorded at the subsequent meeting. The quorum for the meeting of the
Council shall be seven and for all other committees shall be two. When any subject relating to or in
which the Chairman, Vice-Chairman or any Member of the Bar council is directly
or indirectly interested comes up for consideration by the Bar Council at its
meeting, such person shall not preside over that particular meeting, but he
will be entitled to participate and vote. The Chairman may in his discretion, if
urgent action by the Council becomes necessary, permit the business of the
council to be transacted by circulation of the papers to members. The Secretary
shall send by post under certificate of posting to all the members of the
Council copy of the business to be transacted by the council for his/her
opinion and if no dissent is received from any member with ten days of such
posting, the assent of such member shall be deemed to have been given. The
majority opinion shall be the opinion of the Council on such business. The Council or any Committee shall
have power to adjourn from day to day or to any particular day. The decision on any matter shall be by
majority and in the case of equality of votes, the Chairman shall have a
casting vote. No matter decided can be re-opened
before three months after the decision or resolution. Any Committee may refer any question
of importance to the Council for its opinion. Members of the Council or Committee
attending meetings or to other work of the Council or Committees, shall be
entitled to such travelling and daily allowance as is fixed by the Council from
time to time. Nothing in this rule shall apply to a member residing in a place
where the meeting is held. Rules 99 to 109 shall not apply to
Disciplinary Committee. CHAPTER – IX STAFF OF
THE COUNCIL (a)
"Appointed to the service" means a
person when in accordance with these Rules or those applicable to the time of
appointment is appointed otherwise than on purely temporary basis ; (b)
"Approved probationer" means a
person, who after having been appointed to the service of the Council on a
prescribed period of probation, has completed the period of probation
satisfactorily; (c)
"direct recruit" means a person who
is appointed to a post when at the time of such appointment he is not member of
service ; (d)
"full member" means a person who is
substantively appointed to the service after becoming an approved probationer ; (e)
"member of service" means a person
who may be probationer, approved probationer or full member ; (f)
A person is said to be "on duty"
when (1) he is performing the duties of the post which he holds; (2) he is
absent from duty during vacation which he is permitted to avail or on holidays
or on casual leave duly granted and is in service immediately before and after
such period of absence ; (g)
"probationer" means a person who
has not become an approved probationer; and (h)
"service" means service of the
Council. (a)
a Secretary with a salary on the scale of pay
of Rs. 2590-100-3090-110-4300. (b)
a Joint Secretary with a salary on the scale
of pay of Rs. 2410-90-2950-100-4050. (c)
An Assistant Secretary with a salary on the
scale of pay of Rs. 1550-70-2250-80-3050-. (d)
An Accountant with a salary on the scale of
pay of Rs. 1230-50-1730-60-2230. (e)
a Head Clerk with a salary on the scale of pay
of Rs. 1050-40-1450-45-1945. (f)
a Steno-typist with a salary on the scale of
pay of Rs. 910-30-1240-35-1625. (g)
a Clerk-cum-typist with as alary on the scale
of pay of Rs. 910-30-1240-35-1625. (h)
Junior Clerk with a salary on the scale of
pay of Rs. 810-25-1060-30-1420. (i)
Attenders with a salary on the scale of pay
of Rs. 740-15-950-20-1150. (j)
Peon with a salary on the scale of pay of Rs.
740-15-950-20-1150. The appointing authority for post (a)
and (b) in rule 113 shall be the Council and for other posts, the Executive
Committee. The Secretary may be appointed either
by the method of direct recruitment from among the Advocates on the roll or the
Council having not less then 10 years standing and not more than 45 years of
age at the time of the appointment, or by promotion. In case of promotion, the
promotee shall be a Law Graduate of not less than 10 years substantive service
of the Council. The Assistant Secretary shall
ordinarily be also the Accountant, provided that the Executive Committee shall
at any time, if it thinks fit, bifurcate the duties of the post and appoint an
Accountant as a full time member of the service on such scale of pay as it
fixes. The Executive Committee at its meeting
held on 26-01-1989 has bifurcated the duties of the Assistant
Secretary-cum-Accountant under Rule 116 of the Rules of the Bar Council of
Andhra Pradesh and resolved to appoint an Accountant as a full time member of
the service in the scale of pay of Rs. 1230-50-1730-60-2230. The Bar Council of
India has approved the rule at its meeting held on 15th & 16th March, 1992. The appointment of Assistant
Secretary-cum-Accountant may also be either by direct recruitment or by
promotion. The direct recruit shall not be more than 30 years of age and
possess the following qualification, viz., a degree or diploma in Accountancy
or a degree of a recognised University in B.Com., or its equivalent and service
as an Accountant in a Limited Company or a reputed Commercial concern for not
less than 5 years. A promotee to the post of
Assistant-Secretary shall be the holders of a degree or diploma as provided in
rule 117 and shall have put in not less than five years service of the Council
and has undergone a period of training of three months in the office of a
Chartered accountant. For the purpose of undergoing such a beginning, he may be
granted such earned leave as he has his credit with pay and with or without
allowances. No person shall be eligible to be
appointed (1) as a Steno-typist, if he has not passed alteast the Government
Higher Grade Examination Typewriting and Lower Grade Examination in Shorthand ;
(2) as a clerk if he has not passed matriculation, S.S.L.C., H.S.C., or its
equivalent examination. And (3) as an Attender if he has not read upto the 8th
standard. They shall not be more than 25 years of age at the time of
appointment. The Executive Committee shall have the
power to fix the pay of any member directly recruited at any stage in the
prescribed scale of pay and to relax any condition of service or qualification
in suitable cases. (a)
The appointing authority shall, however, have
the power to relax any rule as to qualification, age etc., when making the
appointments and, in the case of purely temporary appointments, these Rules
shall not be applicable. (b)
The Council shall have power to appoint such
additional staff on such scales of pay and for such periods as it deems necessary. Every person appointed, other than the
Secretary, shall be on probation for a continuous period of one year and for a
total period of not less than 18 months out of a continuous period of two years
provided, that the break in service shall not be more than 3 months at a time. (a)
Every person is entitled to be confirmed in
the post to which he is appointed after he has completed the period of
probation satisfactorily and on production of a certificate of physical fitness
granted by a registered medical practitioner of not less than 10 years
standing. (b)
If the amount of advance is in excess of the
actual medical bills submitted under sub-rule (b) above during the financial
year the balance of amount shall be credited back to the Council's Account by
the employee on or before 15th April of the succeeding year. (c)
This rule shall be operative with effect from
1-4-1963. The Council shall maintain a service
register for every member of its staff as prescribed by the Government of
Andhra Pradesh for a Government servant. The Council shall maintain an
attendance register. The working hours for the Council
Office shall be from 10-30 a.m. to 5 p.m. on all working days and from 10-30
a.m. to 3-30 p.m. on Saturdays and during vacation with a recess between 1-45
p.m. to 2-30. p.m. If a member of the staff comes late by
not less than 15 minutes on any four days, the same shall be treated as a
casual leave for one day and if he comes late by one or more than an hour, it
shall be treated as causal leave for half a day. The members of the staff shall not
leave the office during the office hours without the permission of the
Secretary. The age of retirement of the members
of the staff shall be 58 years, provided that the Council may extend the age of
retirement, if it thinks fit, in any particular case, for a total period of two
years. Full members of the staff who have put
in more than twenty years service of the Council shall be entitled for pension
at half of the basic salary at the time of their retirement. (a)
The Council shall have power to grant a
lumpsum amount towards proportionate pension in a case where a full member of
the staff retires after putting in more than 10 years service having regard to
his service, loyalty and other factors. This rule shall have retrospective
effect. Members of the staff are subject to
the disciplinary jurisdiction of the Council. (a)
No member of the staff of the Council shall
be removed, dismissed, reduced in rank or compulsorily retired unless he has been
given a reasonable opportunity of showing cause against the action proposed to
be taken in regard to him provided that this rule shall not apply when he is
removed, dismissed or reduced in rank on the ground of conduct which had led to
his conviction on a criminal charge. (b)
Whenever an action is proposed to be taken
against any member of the staff under sub-rule (a) above, the Council shall
frame charges, enquire into the same after giving sufficient opportunity to the
member as provided above and the decision of the Council shall be final. Notice
of the decision of the Council and the proposed punishment to be awarded shall
be asked to show cause why the proposed punishment should not be given. After
giving opportunity to him to do so, the Council shall give its decision as
regards the punishment to be given and it shall be enforced accordingly. It
shall be lawful for the Council to award a punishment less severe than that
indicated in the notice. (c)
Whenever the member of the staff refuses
notice or after receipt of the notice does not offer an explanation within the
time allowed or within such extended time as the Council may permit, it shall
be deemed that he has no explanation to offer. (d)
Pending action proposed to be taken and
enquiry into the charges provided for in sub-rules (a) & (b) above the
Council may suspend a member of the staff. During the period of suspension, he
shall be paid half of the basic salary. In case the charges are not proved, or
are withdrawn, he shall be entitled to the balance of salary and the allowances
during the period of suspension. (e)
For the purpose of the enquiry, the Council
may delegate its powers to a sub-committee and the report of the sub-committee
shall be duly placed before the Council for necessary action and the Chairman
shall give effect to the decision of the Council. The above rules shall apply mutatis
mutadis to the present staff of the Council. No member of the staff of the Council
shall either overtly or covertly canvass for any candidate at the election of
the members of the Council or of the members of any committee or try to
influence the members of any Committee in taking decisions in any matter before
any such committee. CHAPTER – X PROVIDENT
FUND RULES The fund shall be entitled the
'Provident Fund of the Bar Council of the State of Andhra Pradesh.' (a)
'Fund' means the provident Fund establishment
and maintained under these rules ; (b)
'Pay' includes pay, substantive and
officiating special pay, personal pay and leave salary ; (c)
'Subscriber' means a person eligible to
subscribe to the fund under these rules ; (d)
'Subscription' means the sum paid to the Fund
by a Subscriber; and (e)
'Contribution' means the sum paid to the fund
by the Council. Subscription to the fund shall be
compulsory by all permanent and full time employees of the Council. (a)
The fund shall consist of the subscriptions
of the employees, the contributions of the Council, and of accumulations
thereof, of interest credited in respect of such contributions and
subscriptions and accumulations, and of securities purchased therewith and of
any capital gains arising form the transfer of capital assets of the fund, and
of no other sums. (b)
The Council shall invest the subscriptions,
contributions and other amounts belonging to the fund in any of the securities
of the nature specified in clauses (a), (b), (c), (d) or (e), of Section 20 of
the Indian Trust Act, 1882 or in a Post Office Savings Bank Account in India as
may be decided upon by resolution of the Council from time to time. (c)
The fund shall be vested in two trustees who
are members of the Council under a trust which shall not be revocable except
with the consent of all the beneficiaries. The two trustees shall be the Chairman
and Vice-Chairman of the Bar Council of Andhra Pradesh. Whenever a vacancy occurs in the Board
of Trustees it shall be filled up by nominating by and from amongst the members
of the Council. (d)
All costs, charges and expenses incurred for
the shall be borne by the fund itself. (a)
Every subscriber other than a probationer
shall subscribe 10% of his pay every month. The Bar Council shall
contribute an equal amount. (b)
No subscription shall be levied from
subscriber while he is on leave. But a subscriber who is on leave on full
salary may elect to subscribe to the fund during the period. (c)
Any probationer recruited to a permanent
vacancy may elect to subscribe to the fund during his term of probation. The
amount subscribed will be credited to his account should he be confirmed at the
expiry of his probation, the Council shall make its contribution. If however,
his service are terminated before he becomes an approved probationer, he shall
be paid back only his subscription and interest accruing thereon, if any. (d)
The subscription of each subscriber shall be
deducted every month from his pay and credited to his provident fund account. (a)
The Council shall maintain a Provident Fund
Account. The account of a subscriber shall show: (i)
the amount of his subscription with interest
thereon; (ii)
the amount of the contribution with interest
thereon; (iii)
Compound interest at 4% on the subscription
and contribution. (b)
In the event of resignation or retirement of subscriber
interest shall be calculated upto the date of resignation or retirement. If a
subscriber proceeding on leave preparatory to retirement, desires to close his
Provident Fund Account, interest shall be payable only upto the date of
application for such closing of account. (c)
In the event of the death of a subscriber,
interest shall be calculated upto the date of payment to the nominee or legal
heirs of the deceased, provided no interest shall be paid or any period
exceeding six months from the date of his death. In the event of a subscriber ceasing
to be in the employment of the Council or on his death, the Council, shall
subject to any deduction to be made on account of sums due from him to the
Council, pay to the person entitled thereto the provident fund standing to his
credit on the date of his ceasing to be in such employment or his death
together with, in the case of death, interest for such further period as may be
allowable under the above rule. Right in respect of contributions and the
interest thereon: (a)
A subscriber shall not be entitled to
receiver or contribution and the interest thereon, if he is dismissed from the
Council's service. (b)
The contribution and the interest thereon
shall be payable in full in the following cases: (1)
If the subscriber retires after completion of
15 years service in the council; or (2)
If he retires on account of certified
incapacity, such incapacity having arisen from causes beyond his control after
having served for nor less than 10 years ; (3)
If his service are terminated as the result
of a reduction in the establishment of the Council or of abolition of his post
; or (4)
If he dies, after having served for not more
than 10 years. (1)
(i) Withdrawals by employees shall not be
allowed by the trustees except on special grounds in the following
circumstances or circumstances of a similar nature. (a)
to pay expenses incurred in connection with
the illness of a subscriber or a member of family; (b)
to pay for the passage over the sea of a
Subscriber or any member of his family ; (c)
to pay expenses in connection with marriage,
funerals or ceremonies, which by the religion of the subscriber it is incumbent
upon him to perform and in connection with which it is obligatory that
expenditure should be in incurred ; (d)
to meet the expenditure on buildings or
purchasing a house or a site for a house provided that such house or site is
assigned to the trustees of the found ; Provided that in the case of an
employee whose income under the head "salaries" does not exceeds Rs.
3600/- per annum the trustees of the fund may, in their discretion, waive the
condition that such house or site shall be assigned to them and instead require
as a condition that the employee shall not encumber or alienate the property in
any manner; (e)
to pay premier on policies of insurance on
the life of the subscriber or of his wife provided that the policy is assigned
to the trustees of the fund or at their discretion deposited with them and that
the receipts granted by the Insurance Company for the premier are from time to
time handed over to the trustees for inspection by the Income Tax Officer. (ii) for the purpose of sub-rule (1)
"Family" means any of the following persons who are wholly dependent
on the employee namely:- the employee's wife, legitimate children,
step-children, parents, unmarried sisters and minor brothers. (iii) (a) No such with drawl for
the purposes specified in clause (d) or clause (e) of sub-rule (i) shall exceed
the pay of the employee for six months at the time when the advance is granted
and shall not exceed three months' pay in other cases or the total of the
accumulation of exempted contributions and exempted interest contained in the
balance to the credit of the employee whichever is less ; (b) In the case of withdrawal for the
purpose specified in clause (e) of sub-rule (1), the restriction imposed by
clause (a) of sub-rule (iii) shall apply to each withdrawal and not to total
withdrawals. (c) In the case of withdrawal by an
employee falling within Rule 5(2) of Part A of Fourth Schedule of the Income
Tax Act, 1961, 'pay' referred to in clause (a) of sub-rule (iii) shall mean the
pay (including increment, if any) which the employee would have received had he
not joined the armed forces of the Union or had he not been taken into or employed
in the national service. (iv) (a) Save as in clauses (b), (c),
(d), and (e) a second withdrawal shall not be permitted until the first
withdrawal has been duly repaid. (b) A withdrawal may be permitted for
the purpose specified in clause (e) of sub-rule (i) notwithstanding that the
sum withdrawn for any other purpose has not been repaid. (c) Subsequent withdrawal for the
purpose specified in clause (e) of sub-rule (i) may be permitted
notwithstanding that the sums previously withdrawn for the same purpose have
not been repaid. (d) A withdrawal for any one of the
purposes of sub-rule (i) other than that specified in clause (e) of that
sub-rule may be permitted notwithstanding that the sum withdrawn for the
purpose of clause (e) of the same sub-rule has not been repaid. (e) A withdrawal for any one of the
purposes of sub-rule (1) other than those specified in clauses (d) and (e) of
that sub-rule shall be permitted notwithstanding that the sum withdrawal for
the purpose of clause (d) of the same sub-rule has not been repaid. (2)
(i) Where withdrawal is allowed for a purpose
specified in clause (d) or clause (e) of sub-rule (1) of Rule 157 (A), the
amount withdrawn need not be repaid. (ii) Where a withdrawal is allowed for
any other purposes the amount withdrawn shall be repaid in not more than twenty
four equal monthly installments and shall bear interest in accordance with Rule
157 (A) (3) and subject to the provisions of sub-rule (iv) of Rule 157 (A) (1),
no further withdrawal shall be permitted until repayment has been affected in
full. (3)
In respect of withdrawals which are repaid in
not more than 12 monthly installments, an additional payment of 4 per cent per
annum of the amount withdrawn shall be paid on account of interest; and in
respect of withdrawals which are repaid in more than 12 monthly installments
two such installments of 4 percent of the amount withdrawn shall be paid on
account of interest: Provided, however, that at the discretion
of the trustee of the fund, interest may be recovered on the amount withdrawn
or the balance ; thereof outstanding from time to time at 1 percent above the
rate which is payable for the time being on the balance in the fund at the
credit of the member. (4)
The employer shall deduct such installments
from the employee's salary and pay them to the trustee. These deductions shall
commence from the second monthly payment made after the withdrawal or in the
case of an employee on leave without pay from the second monthly payment made
after his return to duty. (5)
In case of default of repayment of
installments under rules 157 (A) (2) and (3) the Commissioner of Income Tax may
at his discretion order that the amount of the withdrawal or the amount
outstanding shall be added to the total income of the employee for the year in
which the default occurs and the Income Tax Officer shall assess the employee
accordingly. (6)
Notwithstanding anything contained in rule
157(A)(1) to (5) it shall be open to the trustees to permit the withdrawal of
ninety percent of the amounts standing at the credit of an employee if the
employee takes leave preparatory to retirement, provided that, if he rejoins
duty on the expiry of his leave, he shall refund the amount drawn together with
interest at the rate allowed by the fund. The Council shall not be entitled to
recover any sum whatsoever from the fund save in cases where the subscriber is
dismissed for misconduct or voluntarily leaves his employment other than on
account of ill-health or other unavoidable cause before the expiry of the term
of his service: Provided that in such cases the
recoveries made by the council shall be limited to the contribution made by the
Council to the individual account of the employee and to interest credited in
respect of such contributions in accordance with the regulations of the fund
and the accumulations thereof. Whenever a subscriber shall have
forfeited the contribution with interest thereon, the amount so forfeited shall
be credited to the funds of the Council. Each subscriber shall sign a
declaration in the From No. 14 specifying his nominee or nominees in the case
of death. A register of nominees shall be maintained. A subscriber shall be at
liberty to change his nominee or nominees in which case, the fund becomes
payable only to the list of the nominees; and a receipt by such nominee or
nominees shall be a complete discharge of all liabilities in respect of the
fund. If a subscriber nominates more than
one person, he must specify in the declaration form, the proportion in which
the amount payable shall be distributed among them. No subscriber shall be entitled to
assign or encumber the fund before it becomes payable. The Council may grant
loans to subscribers against their Provident Fund not exceeding 50% thereof,
repayable with interest at 6%. (A)
The accounts of the fund shall be audited
every year. Save as otherwise provided for, these
rules and any amendments thereto shall be binding on every subscriber and every
person deriving title from him. The power of interpreting these rules
and of deciding cases of dispute or doubt is vested in the Council and its
decision shall be final. CHAPTER – XI POWERS
AND DUTIES OF CHAIRMAN, VICE-CHAIRMAN AND SECRETARY (a)
Save as otherwise provided in these rules,
the Chairman shall exercise general control and supervision over the affairs of
the Council. (b)
shall preside over the deliberations of the
Council and of all the Committees of which he is a member. (c)
shall be the authority to call for meeting of
the Council and fix its venue. Similarly, he may direct the convening of any
committee of the Council and shall be authority to fix the agenda of the
Council and of the committees other than the Disciplinary committee, unless he
delegates the power to the President of the Committees themselves. (d)
The Chairman should decided all points of
order raised in the Council and shall be responsible for maintaining decorum and
other in the House. (e)
He shall have the power of appointing the
staff on behalf of the Council or the Executive Committee, as the case may be,
subject to its ratification. (f)
He shall have power to punish any employee of
the Council by way of censure or reprimand and may intimate any of the serious
penalties such as suspension, removal or dismissal for serious delinquency to
the Executive Committee. (g)
All matters coming before the Council shall
be decided by a simple majority and when votes are equally divided, the
President shall have a casting vote. (h)
The Chairman shall attest the minutes of the
meeting of the Council. (i)
He shall be the authority to sanction the
disbursement of salaries of the staff and to order payment of any bill
outstanding against the Council. He shall be entitled to draw cheques for the
above said purposes. (j)
He shall also perform all such functions as
may be delegated to him by the Council or any of its Committees. The Vice-Chairman shall exercise all
the powers and discharge all the functions of the Chairman in his absence or
under the directions of the Chairman. (a)
He shall be the administrative officer of the
Council and shall be responsible for the efficient discharge of the duties by
the members of the staff. (b)
He shall carry out the orders of the Chairman
and of the Council and shall be subject to their control. (c)
He shall maintain discipline and integrity
among the members of the staff. It shall be his duty to see that no information
of a confidential nature is leaked out. (d)
He shall be the person to sue and be sued on
behalf of the Council. (e)
He shall conduct the official correspondence
the Council. (f)
He shall issue all notices for convening
meetings of the Council or its Committees. (g)
He shall act as the Secretary for all the
Committees and is charged with the duty of maintaining the minutes of the
Council and of its Committees upto date. (h)
He shall responsible for proper and upto date
maintenance of all books of account and registers directed to be maintained by
the Council from time to time. (i)
He shall receive monies, grant receipts and
deposit the same promptly in the Bank and shall make such payment as may be
directed by the Chairman or the Council. (j)
He shall be competent to grant certified copy
of any proceedings of the Council or its Committees of any document, record,
deposition or order pertaining to any disciplinary proceeding or any
certificate authorised by the Council on payment of such fee as may be fixed. (k)
He shall be the custodian of the records,
registers, accounts, furniture, library and the common seal and such other
property as the Council might acquire from time to time. (l)
The rules in this chaper shall not apply to
Disciplinary Committees. CHAPTER – XII FINANCIAL RULES Money received on behalf of the
Council shall be acknowledged by a receipt signed by the Secretary or any other
person authorised by the Executive Committee. Amounts received shall be
credited into the account of the Council with the State Bank of India on the
next working day of the bank. Books of account and registers shall
be strongly bound and paged. On the first or title page, the number of pages
the book or the register contains shall be entered, and the entry shall be signed
by the Secretary. Corrections in the entries shall be made in red ink and
attested by the Accountant. Erasures shall on no account be permitted. Receipt forms shall be numbered
consecutively and bound into books of 100 forms. On the front page of each book
shall be entered the first and last numbers of receipts it contains and the
entry shall be signed by the Secretary. Receipts shall be in duplicate. The
first shall remain in book and the second part shall be given to the payer. All
receipts shall be signed by the Secretary or by such authority or person as the
Council may determine. Expenditure of Rs. 50/- and over shall
ordinarily be by cheque. Bills presented for payment shall be
examined by Accountant and on his being satisfied that the claim is admissible,
and the payment is duly authorised, he shall pay the amount after obtaining a
receipt. The entry in account book shall show if the payment is by cash or by
cheque. The bill and the relevant receipt shall be posted together and shall be
numbered consecutively In the year at payment voucher and shall be posted in a
bound book with fly leaves. Salary bill shall be in such forms as
the Executive Committee may settle. A bill presented for payment three
months after the money became due shall not be paid without the sanction of the
Executive Committee. The Executive Committee may sanction
the amount of a permanent advance to be made to the Secretary and the
accountant, as the case may be. The Accountant shall maintain an a
quittance register in the Form No. 15. The disbursements shall be made in the
presence of the Secretary, who shall attest the payment in the a quittance
register. The Accountant shall submit the a quittance roll along with the
salary cheque to the Chairman in the last working day of the month for which
the salary drawn and obtain his signature in token of sanction. All money received and spent shall be
immediately brought to account in a day book ledger. The cash book shall be
balanced at the close of every month and signed by the Secretary and the
Accountant. Refunds on any account shall be made
only with the sanction of the Executive Committee. The chairman shall have authority to
sanction expenditure of a contingent nature not exceeding Rs. 500/- He shall be
the authority to sanction T.A. bills of the member. Any capital expenditure
shall not be incurred without the previous sanction of the Council. Postage account shall be maintained
separately and expenditure on postage incurred in a month may be posted in the
cash book in lumpsum on the last day of the month. The accounts of the Council shall be
audited once in a year. The statement of income and
expenditure or the year so audited, shall be laid before the Executive
Committee not later than the 30th June each year. (i)
in the State Bank of India, or any
Nationalized Bank; or (ii)
in any of the Securities specified in Sec. 20
of the Indian Trusts Act, 1982. Budget estimates of income and
expenditure for the coming year shall be made by the Executive Committee and
before the Council for approval before the 31st of March every year. All monies and securities belonging to
the Council shall stand in the name of the Council. The Chairman or any person
duly authorised by the Council in this behalf may operate on any Bank Account
where the funds of the Council are deposited. Cheques issued on behalf of or in
favour of the Council shall be drawn, endorsed, negotiated or encased by the
Chairman or in his absence by the Vice-Chairman. The Council shall open a Provident
Fund Account in any Savings-Bank authorised by the Council in its name and the
amounts deducted from the salaries of the staff and the contribution of the
Council shall be deposited in the said account every month. Whenever Provident
Fund of payable to a member of the staff, the Chairman or in his absence, the
Vice-Chairman shall be entitled to withdraw the amount so payable from the Fund
and pay it over to the member of the staff in accordance with the Provident
Fund Rules of the Council. The Council may open a Reserve Fund,
and every year set apart such percentage of receipts as it thinks fit to be
carried over to the Reserve Fund. The Reserve Fund, may be put to such use as
may be determined by the Council from time to time. CHAPTER – XIII FINANCIAL
ASSISTANCE TO INDIGENT AND DISABLE ADVOCATES (a)
an 'applicant' means an advocate applying to
the Council for financial assistance under these rules ; (b)
An 'indigent Advocate is one who is unable to
maintain himself and his family; (c)
A 'disabled advocate' means any advocate who
by reason of any physical or mental infirmity is unable to practice ; (d)
The 'family' of an applicant shall mean the
wife or wives and any children or aged parents actually dependent on him for
maintenance; (e)
The 'fund' means a fund constituted by the
council for giving financial assistance to indigent or disabled advocates under
Section 6(2) of the Act and shall include all accretions either by way of
contributions, donations or otherwise made to the fund. The Council shall set apart at the end
of each financial year a sum which shall not exceed 10% of its annual income
save and except with the express permission of the Bar Council of India. The
fund shall be administered by the Executive Committee. (a)
The Council shall be liberty to give
financial assistance either from the corpus or from the interest realized by
the fund. (b)
An application for financial assistance shall
be in Form No. 16. (c)
On receipt of an application the Executive
Committee itself or a Sub-Committee thereof shall enquire whether the applicant
deserves financial assistance and the extent thereof. It shall also be
competent for it to constitute a local committee consisting of the President or
the Secretary of a Bar Association and two advocates having not less than 15
years standing at the place where the applicant ordinarily resides or practices
for the aforesaid purpose. (d)
The enquiring authority shall be competent to
examine the applicant or any other person and to call for any recorded in the
possession of any Bar Council or any Bar Association. The information received
shall be treated as confidential. (e)
If an advocate makes any statement or
furnishes any information which is proved to be false to his knowledge it shall
amount to professional misconduct. (f)
If the Executive Committee acting on a
enquiry report gives financial assistance, and subsequently, it is found that
the evidence adduced by the applicant was false in material particulars, the
Executive Committee may call the applicant to refund the entire amount given as
assistance with such interest as it deems fit and the applicant shall comply
with the said direction. The Council shall maintain a separate
account in respect of the said fund under the name and style of "the Bar
Council of the State of Andhra Pradesh : Indigent and disabled Advocates
Fund", which shall be subject to audit annually along with the other
accounts of the Council. The amounts belonging to the fund shall be entered in
a separate account and may be invested in any manner provided by the Rules of
the Council. The Executive Committee shall not ordinarily grant assistance
exceeding Rs. 1,000/- (one thousand) in any financial year to any applicant. In
case the assistance consists of monthly contribution, it shall be open to the
Committee to reduce or enhance the contribution according to circumstances, and
contribution shall be made in case the applicant ceases to be indigent or if
the disability ceases. (The above Rules of the Bar Council of
Andhra Pradesh were approved by the Bar Council of India at its meeting, dated
4th and 5th December, 1965 vide Resolution No. 177A/1965, (APP 3/1965 (A.P.)). This form is approved by the Bar
Council of India by Resolution No. 35/1968, dated 27th and 28th April, 1968. BAR
COUNCIL OF THE STATE OF ANDHRA PRADESH AT HYDERABAD FORM - 16 Application
form for the grant of financial assistance from the funds of the Bar Council of
the State of Andhra Pradesh (1)
Full name of applicant advocate : (2)
Residential address : (3)
Office or Chamber address : (4)
Date of Enrolment: (5)
Court, or Courts in which the applicant is or
has been practising. (6)
Reasons for financial aid : (See note (a) & (b) below) (7)
The nature and extent of financial aid : (8)
Period for which the said loan is required. (9)
The number of members of the family of the
applicant and their relationship to the applicant ; their ages; if they are
daughters, are they married : (10)
Average monthly professional income of the
applicant. (11)
Sources of other income and the extent thereof: (12)
Income of other members of the family of the
applicant: (13)
Whether the applicant has applied for any or
is or was in receipt of aid from any person, trust or institution and if so,
since when and the nature, extent and duration of: (14)
Whether the applicant has applied for or
received aid previously and if so, when, the nature and duration of: (15)
Whether the applicant has any movable or
immovable property, state the particulars thereof and the value thereof and
state particulars of any encumbrances thereof; (16)
Whether the applicant has any bank A/c. if
so, state the particulars thereof; (17)
Whether the applicant has any cash or
investments state the particulars thereof; (18)
Whether the applicant is insured if so, state
the particulars of the insurance policy and whether premium is regularly paid
or not: (19)
Whether the applicant is prepared to give any
security or guarantee if so, state the particulars thereof; (20)
Whether the applicant has been held guilty of
professional misconduct at any time by any Bar Council or High Court and if so,
state the particulars thereof; (21)
Whether any complaint of misconduct is
pending against the applicant, if so, state the particulars thereof; (22)
Whether the applicant has been convicted in a
Criminal Court involving moral turpitude, if so, state the particulars thereof; (23)
Whether the applicant has any money decrees
against him or her in his/her favour, if so, state the particulars thereof; (i)
The particulars furnished and the Statements
made herein above are true to the best of my knowledge, information and belief. (ii)
I agree and undertake to inform the Bar
Council of any change of circumstances of conditions, during the period of the
aid. (iii) I agree and undertake to supply to the Council any particulars and
information in connection with this application or the aid as may be required
from Secretary of the Council.
This.......................day.......................of 19................. Signature
of the Applicant Note: (a) In
case of disability, a medical certificate to the satisfaction of the Committee shall
be furnished. (b) In the event of the applicant
being unable to sign, the application may be signed by any other advocate or
the adult member of the family of the applicant. (c) In case of indigence, two
certificates by advocates of not less than 15 years' standing, certifying of
their own knowledge of the indigent circumstances of the applicant shall also
be furnished. Certifying advocate must not be related to the applicant. [Deleted]. CHAPTER – XIV LIBRARY
OF THE COUNCIL The library shall be both a reference
and a lending library. The Secretary shall be the librarian. No book shall be taken out of the
premises of the Council without the permission of the Librarian. Every Advocate on the rolls of the
Council and every candidate shall be entitled to use the library. There shall be a register for entering
the names of the persons who take the books for reference. There clerk in charge shall check the
register and put his initials against the entry when the book is returned. An upto date catalogue of the books
shall be maintained and shall be placed on the table in the library during the
working hours. The library shall ordinarily be kept
open during the working hours unless the Council otherwise decides. The person who takes the book will be
responsible for the book and he will be bound to replace it if the book is
damaged or lost while in his possession. Every member of the Council and every
non-member who is a member of a committee of the Council shall be entitled to
borrow two books at a time form the library and keep the same in their custody
for a period not exceeding 15 days at a time. The books shall be lent only to the
Advocates who are on the rolls of the Council and who shall make a security
deposit of Rs. 50/- and also pay a monthly subscription or Rs. 2/- to the
Council. Such advocates are entitled to borrow not more than two books at a
time and can retain them for a period not exceeding 15 days at a time.THE ANDHRA PRADESH
STATE BAR COUNCIL RULES, 1973
PREAMBLE
Rule – 41.
Rule – 46.
Rule – 47.
Rule – 48.
Rule – 49.
Rule – 50.
Rule – 51.
Rule – 52.
Rule – 53.
Rule – 54.
Rule – 55.
Rule – 56.
Rule – 57.
Rule – 58.
Rule – 59.
Rule – 60.
Rule – 61.
Rule – 62.
Rule – 63.
Rule – 64.
Rule – 65.
Rule – 66.
Rule – 67.
Rule – 68.
Rule – 69.
Rule – 81.
Rule – 82.
Rule – 83.