PREAMBLE
Approved by the Bar Council of India
in its meeting Dated 15th and 16th March, 1992 Vide B.C.I. - Resolution No.
12/1992
Rules framed by the Orissa State Bar
Council, Cuttack in exercise of the powers conferred by the Section
28(i)(2)(a)(b) & (c)(d) read with Sections 17(i) & 24 and 25 of the
Advocates Act, 1961.
Rules under Section 28(i)(a) read with
Section 17(i)(a) of the Advocates Act. 1961.
All persons who were entered on the
Roll of any High Court under the Indian Bar Council Act, 1926 immediately
before the appointed day i.e. 1st December, 1961, shall express their intention
to practice within the jurisdiction of the Bar Council of Orissa in the form
prescribed so as to reach the Bar Council not later than the 31st March, every
year or such extended time as the Bar Council of Orissa may hereafter notify.
CHAPTER-I
Rule - 1. Short title and commencement.
(1)
These rules shall be called the Bar Council
of Orissa Rules, 1989 and they shall come into force from the date of their
approval.
(2)
These rules shall be subject to the rules
made by the Bar Council of India under the powers vested in it by the Act.
Rule - 2. Definition.
In these rules unless the context
otherwise requires :
(I)
"Act" means the Advocates Act,
1961;
(II)
"Advocate-General" means the
Advocate-General for the State;
(III)
"Bar Association" means a Bar
Association of Advocates attached to Court or Tribunal or other authority
discharging function of judicial or quasi-judicial nature in the State of
Orissa.
(IV)
"Bar Council" means the Bar Council
for the State of Orissa.
(V)
"Casual vacancy" means vacancy
caused otherwise than by the expiry of the term of Office of a Member of the
Bar Council of Orissa.
(VI)
"Chairman" means the Chairman of
the Orissa State Bar Council.
(VII)
"Secretary " means the Secretary of
Orissa State Bar Council or any other person appointed by the Bar Council to
perform the duties of the Secretary.
(VIII)
"Clear days" means that time is to
be reckoned exclusive of both the first and the last days.
(IX)
Continuing candidate means any candidate not
elected and not excluded from the roll at any given time.
(X)
"Count" means -
(a)
All the operations involved in the counting
of the first preference recorded for candidates, or
(b)
All the operations involved in the transfer
of the surplus of an elected candidate, or
(c)
All the operations involved in the transfer
of the total value of votes of an excluded candidates, or
(d)
All other operations involved in, incidental
to or necessary for the entire process of ascertainment not of votes.
(XI)
"Electoral Roll" means and includes
the Roll containing the name of the Advocates prepared in accordance with the
rules of the Bar Council of India in Part-Ill, Chapter-I.
(XII)
"Exhausted paper" means a voting
paper on which no further preference is recorded for a continuing candidate and
includes a Ballot paper on which;
(a)
The names of two or more candidates, whether
continuing or not, are marked with the same figure and are next order of
preference, or
(b)
The name of the candidate next in order of
preference whether or continuing or not, is marked by figure not following
consecutively after some other figure on the Ballot paper or, by two or more
figures or,
(c)
There is such effactment, obliteration,
erasure or mutilation as to make any preference other than the 1st preference
ambiguous;
(XIII)
"First preference" means the figure
(1) set opposite the name of the candidate, second preference means the figure
'2' not opposite the name of the candidate, and '3' preference the figure '3'
set opposite the name of the candidate, and so on.
(XIV)"Form"
means a form prescribed under these rules;
(XV)
"Original votes in relation to any
candidate" means a vote derived from a Ballot paper on which a 1st
preference is recorded for such candidate by a voter;
(XVI)"Polling
Officer" means a person appointed as such by the Returning Officer and
includes the person appointed by the Returning Officer to assist the Polling
Officer;
(XVII)
"Returning Officer" means the
person appointed by the Bar Council as such to conduct an election.
(XVIII)
"Surplus" means the number by which
the value of the votes original and transferred, of any candidate exceed the
quota;
(XIX)"Transfer
Vote" in relation to any candidate means vote the value or the part of the
value of which is credited to such candidate and which is derived from a voting
paper on which a second or a subsequent preference is recorded for such
candidate;
(XX)
"On Exhausted paper" means a ballot
paper on which a further preference is recorded for a continuing candidate;
(XXI)"Voter"
means a person whose name is included in the electoral roll of the Council
prepared for the particulars election.
(XXII)
"Advocate" means an Advocate on the
roll maintained by the Bar Council and practising as an Advocate.
(XXIII)
"Advocate Welfare Fund" means the
fund constituted and maintained under the Act.
(XXIV)
"Disabled Advocate" means an
Advocate who on account of any illness or any physical or mental infirmity is
unable to practice temporarily or permanently.
(XXV)
"Indigent Advocate" means an
Advocate who is unable to maintain himself and his family from his profession
and other income and who is so certified by the Bar Association of his place of
practice.
(XXVI)
"Family" means the Advocates other
spouse, minor children or aged parents dependent on the Advocate for
maintenance.
(XXVII)
"Serious Ailment" means ailment of
a serious nature affecting brain, heart, lungs, abdomen or compound fracture or
any part of the body which requires treatment for more than one month.
(XXVIII)
"Prescribed" means prescribed by
the Bar Council either in rules, scheme or by resolution of the Council.
(XXIX)
"Welfare Committee" means the
Committee of the council constituted in accordance with the Act and Rules.
(XXX)
"Fund" means the fund of the
Council other than the Welfare Fund.
(XXXI)
"Welfare Scheme" means a scheme
formulated by the Bar Council from time to time under Clause-A of Sub-section
(2) of Section 6 of the Act and the Rules.
(XXXII)
"Hard Case" means the dependant of
the deceased Advocate having no financial means and under the circumstances
requires immediate help.
(XXXIII)
"Financial year" the year from 1st
April to 31st March of the next year.
(XXXIV)
"Aided person" means a person to
whom legal aid or advice has been sanctioned and who is receiving or has
received legal aid or advice;
(XXXV)
"Court" includes all Courts and
tribunals and other authority before which Advocates are entitled to appear,
act and plead;
(XXXVI)
"Legal Aid" shall include
representation by an Advocate and all such other assistance that may be
necessary from time to time;
(XXXVII)
"Legal Advice" includes oral or
written advice on the liberty, right, title or interest of a person.
CHAPTER-II
Rule - 3. Time and place of Election.
Election of member to the Bar Council
shall be held at such place or places on such date or dates, and during such
hour or hours as the Council may appoint. Different dates and different hours
may be appointed for polling different places, polling shall ordinarily be held
from 10.00 A.M. to 5.00 P.M.
Rule - 4.
The Polling booth shall be at places
of sitting of Orissa High Court, all District, Courts, Sub-Divisional Courts
and Courts of Magistrate 1st Class of Munsif and such other places as may be
notified by the Council from time to time. There may be if found necessary one
or more polling booth at such.
Rule - 5. Method of election.
(1)
Election of the Bar Council shall be by
single transferable vote by and amongst the voters in the Electoral Roll in
accordance with these rules.
(2)
The voters shall cast their votes personally
at the booth were he ordinarily practices.
Explanation - An advocate shall be
deemed ordinarily to practice at the place which is given in his address in the
form of notice under Rule 4 Part III, Ch-I of the Bar Council of India Rules.
Rule - 6. Preparation of Electoral Roll.
The electoral roll for the Orissa
State Bar Council shall be prepared Chapter-I, Part-Ill of the Bar Council of
India Rules.
Rule - 7. Notice of Election.
Notice of the time and place of
election shall be given by publication over the signature of the Secretary in
one issue of a daily news paper in the State not less than 45 clear days before
the date of election. The Notification shall specify inter alia :
(i)
the date for filing nominations;
(ii)
the date of scrutiny;
(iii)
the dates for withdrawal of candidature;
(iv)
the date or dates of polling;
(v)
the date, place and time for counting of
votes from amongst advocates who on the relevant date will have been on the State
Roll for at least 10 years;
Provided that the last date for filing
of the nominations shall not be less than 25 clear days before the date of the
election and that there shall be at least 5 clear days after the last date of
the scrutiny for withdrawal of the candidatures. Copies of the notice shall be
affixed on the Notice Board of the Bar Council, and sent to the
Advocate-General and to the Bar Associations and may also be sent to the
Official Gazette of the State.
Rule - 8. Candidates.
No person shall be entitled to seek
election unless his name is in the electoral roll.
Rule - 9. Candidates how to be proposed.
(i)
Every candidate for election as a member of
the Bar Council shall be proposed by one voter and seconded by another voter.
The nomination paper shall be delivered to the Secretary either personally or
through a written authorised agent or sent by registered post so as to reach
the Secretary on or before the date specified in the Notification under Rules.
(ii)
Every Nomination paper shall be accompanied
by a fee of [Rs.
2500/-] which is non-refundable.
Provided further that 50% of the fees
shall be refunded to a candidate withdrawn on or before the last date of
withdrawal.
Rule - 10. Doubts as to validity of proposal.
The Secretary shall scrutinize the nomination
papers received at the place and time notified under Rule 7 & if in his
opinion any Nomination paper is invalid, he shall report the same to the
Advocate-General who shall decide the validity or otherwise of
such Nomination paper and his decision shall be final. The candidates or
their agents shall be entitled to be present both at the time of the scrutiny
before the Secretary as well as before the Advocate General and make their
submissions. No nomination paper shall be rejected except for a defect of a
substantial character. The Advocate-General however, may allow any defect to be
ratified which are not substantive in character.
Rule - 11. Withdrawal from election.
Any person whose name has been
proposed as a candidate may withdraw his candidature by a communication in
writing so as to reach the Secretary not later than the date specified for the
purpose in the notification under Rule 7.
Rule - 12. Declaration when number of candidates is equal to the number of seats.
If the number of duly nominated
candidates who have been on the State Roll for more than 10 years is less than
or equal to the number specified by the proviso to Section 3 (2)(b) of the Act,
they shall be declared elected. The number thus elected shall be deemed to be
the number required by the said proviso. If the number of such candidates is in
excess of the required number, but the number of all the nominated candidates
does not exceed the total number to be elected, all the candidates shall be
declared elected. In every other case there shall be a poll as prescribed in
these rules.
Rule - 13. Publication of list of candidates.
(a)
Not less than 20 clear days before the date
fixed for election, the Secretary shall publish the names of all the candidates
validly nominated except the names of those who have withdrawn under Rule 10 as
nearly as possible in Form 'B' on the Notice Board of the Bar Council.
(b)
Copies thereof shall also be sent to Advocate
General and to the Bar Associations.
Rule - 14. Form of voting paper.
The ballot paper shall contain the
names of all the candidates, address of the candidates and the respective date
of enrollment as Advocate as in the rolls shall be mentioned against the name
of each candidate. An asterisk mark shall be put against the name of candidates
shown on the relevant date have been on the State Roll for atleast 10 years for
the purpose of proviso to Section 3 (2)(b) of the Act. The voting paper shall
also bear on it the facsimile of the Secretary's signature. It shall state the
total number of the candidates to be elected. The voting paper shall as nearly
as possible be in the Form 'C.
Rule - 15. Voting in person.
Voters shall cast their votes at the
respective polling booths on the dates, notified in this behalf.
Rule - 16. Polling booths.
The Returning Officer shall appoint
sufficient number of Polling Officers for the Booths. The Bar Council may give
such general directions as it may consider necessary with regard to places
where polling booths ought to be established and the persons to be appointed and
Polling Officers.
Rule - 17. Despatch of voting papers to polling officers for voting.
The Secretary in consultation with the
Returning Officer shall send to the Polling Officers of the Booths requisite
number of voting papers and some additional voting paper bearing his facsimile
with a covering letter stating the number of the paper sent and enclosing an
extract from the electoral roll relating to the Polling Booths and other
papers, if any, with necessary instructions.
Rule - 18. Supply of voting papers to voters voting.
The Polling Officers shall on the date
and during the time fixed in this behalf, supply a voting paper to each voter
in his Polling booths, who applies in person therefore and take his signature
in the list of voters against the Voter's name to signify the issue of the
voting paper.
Rule - 19. Procedure for voting.
(1)
A Voter who has received a voting paper under
Rule 21 shall retire to a place screened from outside view and mark his
preference in the manner prescribed. The voter shall then put it in a sealed
box kept for the purpose. The voter shall not be entitled to take the ballot
paper or cause to be taken outside the room. '
(2)
As soon as practicable after the closing of
the pole the Polling Officer shall close the slit of the ballot box and where
the Ballot box does not contain any mechanical device for closing the slit, he
shall seal up the slit and also allow any candidate of his agent present to
affix his seal. The ballot box shall thereafter be sealed and secured. *
(3)
When it is necessary to use a second ballot
box the first box shall be closed, sealed and secured as provided in Sub-rule
(2) before the second ballot box is put into use. The' Polling Officer shall at
the close of the Poll prepare an account of ballot papers in Form 'D' and
enclose it in a cover with the word "Voting Paper Account"
superscribed thereon.
(4)
Sealing of other packets :The polling Officer
shall then make into separate packets-
(a)
the marked copy of the electoral roll;
(b)
the unused ballot papers;
(c)
the cancelled ballot papers;
(d)
any other paper directed by the Secretary to
be kept in a sealed packet. Each packet shall be sealed with the seal of the
Polling Officer and of the candidate or his agent present who may desire to
affix their seal thereof..
(5)
Transgression of Ballot boxes etc. : The
Polling Officer shall then deliver to the Secretary at such place as he may
direct or send by Special Messenger containing the following :
(a)
the ballot boxes containing the ballot
papers;
(b)
the account of the Ballot papers;
(c)
the sealed packets referred to in Sub-rule
(4) above and;
(d)
all other papers used at the poll.
Rule - 20. Method of voting.
(1)
A voter in giving his vote
(a)
shall place on his voting paper the figure
'1' in the space opposite the name of the candidate whom he chooses for the
first preference, and
(b)
may in addition place on his voting paper the
figure '2' and '3' or the figure '2' and '4' and so on, in the space opposite
the names of the other candidates in the order of his preference.
(2)
A voting paper shall not be signed by a voter
and in the event of any erasure, obliteration of alternations in the voting
paper or of the voting paper purporting to have been signed by the voter, the
voting paper shall be deemed to have been defaced and or no voters purporting
to have given there by shall be taken to account for the purpose of the
election.
(3)
The decision of the Returning Officer whether
a voting paper has or has not been defaced shall be final.
Rule - 21. Voting papers when invalid.
A voting paper shall be invalid on
which -
(a)
the figure '1' is not marked; or
(b)
the figure '1' is set opposite the name of
more than one candidate or is so placed as to render it doubtful to which
candidate it intended to apply; or
(c)
the figure '1' and some other figure are set
opposite the name of the same candidate; or
(d)
there is any mark in writing by which the
voter can be identified;
(e)
the preference is indicated in words as
"ONE" "TWO" etc.
(f)
the marking on the voting paper is not in the
international form of Indian numbeals.
Rule - 22. Presence of candidate or his agent during counting.
At the time of counting, the candidate
or his agent shall be entitled to be present.
Rule - 23. Ascertainment of quota.
Every varied voting paper shall be
deemed to be of the value of one hundred, and the quota sufficient to secure the
return of a candidate at the election shall be determined as follows :
(a)
and the value credited for a candidate under
Clause (d) of Rule 26;
(b)
divide the total by a number which exceeds by
one of the number of seats to be filled; and
(c)
add one to the quotient; ignoring the
reminder, if any, the resulting number is the quota.
Rule - 24. Candidates with quota to be elected.
if at the end of any count or at the
end of the transfer of any parcel or sub-parcel of any excluded candidate the
voting papers credited to a candidate is equal to or greater than to the quota
the candidate shall be declared elected;
Provided that:
(i)
No candidate who has not been an advocate on
the State Roll for at least 10 years, shall be elected if 7 candidates less
than 10 years standing have already been declared elected.
(ii)
If at the end of any Court, there are two or
more who have been on the State Roll for at least 10 years getting more than
the quota as aforesaid but the member of candidates that yet be elected from
such category under the proviso to Section 3 (2). (b) is less than that number,
the candidate who has obtained greater value of votes shall be declared elected
in preference candidate whose value of votes is less.
(iii)
In the case of two or more persons if the
category referred to in proviso (ii) above, getting the same value of vote at
the end of any Court, the Returning Officer conducting the election shall
decide by lot which of such persons shall be declared elected.
(iv)
The other candidates or candidates not
declared elected aforesaid by reason of the proviso to Section 3 (3)(b) of
these rules shall be excluded from the poll.
Rule - 25. Transfer of surplus.
(i)
If after exclusion of any candidate under
Rule 30 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
indicating on the voting papers of that candidates as being next in the orders
of the Voters preference.
(ii)
If more than one candidate have a surplus,
the surplus shall be dealt with first and the others in order of magnitude.
Provided that :
Every surplus arising on the first
count shall be dealt with before those arising on the second count and so on.
(iii)
Where there are more surpluses than one to
distribute two or more surpluses are equal, regard shall be had to the original
votes of each candidates, and the candidates for whom original votes are
recorded shall have his surplus first distributed the value of the original votes
is equal, the Returning Officer shall decide by lot which candidate shall have
his surplus first distributed, and if the value of the original votes is equal,
the Returning Officer shall decide by lot which candidate shall have his
surplus first distributed.
(iv)
(a) If the surplus of any candidate to be
transferred arises on the original votes only, the Returning Officer shall
examine all the papers in the poll belonging to that candidate, divided the
unexhausted papers into sub-parcels according to the next preference recorded
there on and make a separate sub-parcel of the exhausted papers.
(b) The Returning Officer shall
ascertain the value of the papers in each sub-parcel and of all the unexhausted
papers.
(c) If the value of the unexhausted
papers is equal to or less than the surplus, the Returning Officer shall
transfer all the exhausted 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 Returning Officer shall transfer the
sub-parcel 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.
(e) If the surplus of any candidate is
to be transferred/arises from transfer as well as Original votes, the Returning
Officer shall re-examine 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-parcel in the same
manner as is provided in the case of such parcel referred to in Sub-rule (4).
(f) The papers transferred to each
candidate shall be added in the form of a sub-parcel to the papers already belonging
to such candidate.
(g) 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.
Rule - 26. Exclusion of candidates.
The Returning Officer conducting the
election shall include from the Poll candidates as specified in Rule 4(b)(i) of
the rules of the Bar Council of India contained in Chapter (ii) Part (iii).
Rule - 27. Filling of last vacancies.
The procedure prescribed in Rule 4(c)
of the rules of the Bar Council of India in Chapter (ii) Part (iii) shall be
follows.
Rule - 28. Fractions etc. to be disregarded.
In carrying out of the provisions of
Rule 28 to 31 the Returning Officer shall disregard all fractions and ignore
all preferences recorded for candidates already elected or excluded from the
poll.
Rule - 29. Determination of result and publication thereof.
(1)
Upon the completion of the count, a list of
the candidates elected to the" Bar Council shall be prepared and signed by
the Returning Officer and submitted by him to the Advocate-General who shall
certify the same by his signature.
(2)
After such certificate, a copy of the list
shall be published in the Official Gazette and shall also be sent to the
Advocate General and to the Bar Association to be affixed as they may direct
and may also be sent to other similar association. A copy of the same shall
also be put up on the Notice Board of the Bar Council.
(3)
On the publication of the list in the
Official gazette persons whose names appear in the list shall be deemed to have
been declared as elected. The Members of the Bar Council shall be deemed to
have been elected on the date of publication of their names in the Official
Gazette.
Rule - 30. Disputes as to validity of elections.
(1)
Any voter may contest the validity of the election
of a candidate declared to have been elected to the Bar Council by a petition
signed by him and supported by an affidavit and delivered to the Secretary
personally or sent by registered post so as to reach him within 15 days from
the date of publication of the result of the election.
(2)
The petition shall be accompanied by a fee
of 1[Rs. 2500] which shall be paid in Cash/Bank Draft or sent
by Money order. In case it is sent by M.O. the MO. receipt shall also be
attached to the petition. The fee shall not be refundable.
(3)
Such petition shall conclude as respondents
all the contesting candidates and the petition shall be accompanied by as many
as copies as there are respondents.
(4)
All disputes arising under the above sub-rule
shall be decided by a Tribunal to be known as "Election Tribunal"
comprising 3 Advocates whose names are on the State Roll and who are not less
than of 19 years standing.
(5)
The Election Tribunal shall be appointed by
the Bar Council on or before the date in which the time of the election fixed
under Rule 4.
(6)
The Election Tribunal shall have all or any
of the following powers :
(i)
To dismiss a petition
(ii)
To order recount
(iii)
To declare any candidate to have been duly
elected on a recount.
(iv)
To set aside the election of a candidate who
either by himself or through any other person acting with his consent is guilty
of corrupt practices.
Rule - 31.
The following shall be deemed to be
corrupt practices for the purpose of this Act;
(1)
Bribery that is to say
(A)
Any gift, offer or promise of any
gratification to any voter or voters whomsoever, with the object, directly or
indirectly of inducing;
(a)
a person to stand or not to stand as, or to
withdraw or not withdraw from being a candidate at any election, or
(b)
an elector to vote or refrain from voting at
an election, or as a reward to,
(i)
a person for having so stood nor not stood,
or for having withdrawn his candidature, or
(ii)
an elector for voting or refrained from
voting;
(B)
the receipt of or agreement or receive, any
gratification whether a motive or a reward -
(a)
by a person for standing or not standing as,
or for withdrawing or not withdrawing from being a candidate; or
(b)
by any person whomsoever for himself or any
other person for voting or refraining from voting, or inducing or attempting to
induce any elector to vote or refrain from voting, or any candidate to withdraw
or not to withdraw his candidature.
Rule - 32.
(1)
For this purpose of this clause, the term
'gratification' is not restricted to pecuniary gratification or of
gratifications estimable in money.
(2)
Undue influence, that is to say, any direct
or indirect interference or attempt to interfere with the free exercise of any
electoral right including the issuing or sending of any appeal or manifest for
votes direct or indirect.
Provided that a more intimation of a
candidate with a bare request for a vote shall not amount to undue influence.
And provided further that a candidate
or his agent may orally ask for votes but on the date of election such requests
shall not be made within a radius of 200 yard from the polling station. And a
candidate may issue a written intimation to his voters announcing his
candidature and seeking their votes or their first preference votes, which
intimation shall not contain any other publicity or his eulogy. Such written
intimation shall also not amount to undue influence.
Attempt to secure from any voter his
ballot paper with intent to prevent him from voting it directly or with intent
to ensure that vote has been cast or is to be cast for a particular candidate
shall be deemed to interfere with the free exercise of the electoral right of
the said voter.
(3)
The hiring or procuring, whether on payment
or otherwise of any vehicle or vessel or the use of such vehicle or vessel for
the free conveyance of any elector to or from any polling station.
(4)
The vacancy arising under Sub-rule (6)(iv)
shall be filled up as a casual vacancy.
In other cases to declare a vacancy to
be filled up as casual vacancy.
(5)
To make an order as to costs
(6)
The trial of an election petition shall as
far as possible be concerned by the Civil Procedure Code.
(7)
No petition shall lie on the ground that any
nomination paper was wrongly rejected or the name of any voter was wrongly
included in or omitted from the electoral roll or any error or irregularity
which is not a substantial in character.
(8)
The voting papers and other records relating
to the elections shall not be destroyed until the expiry of the time for the
filling of any petition under Clause 1 of this Rule.
(9)
In case where a petition or petitions have
been filed under Sub-rule (1) no such voting papers or records shall be
destroyed till all the election petitions are finally disposed of.
Rule - 33. Conduct of elections.
Except as otherwise provided in the
rules the Secretary of the Bar Council shall be in charge of the conduct of the
election.
Explanation - For the purposes of
these rules, the "Secretary" shall mean a person appointed as
Secretary under Section 7 of the Act or any other person appointed by the Bar
Council to perform duties of the Secretary under these rule.
CHAPTER-II MEETINGS
1. First
meeting.
Within 15 days from the publication of
result of election in the Official Gazette Secretary shall convene a meeting of
the Bar Council after giving notice of 10 clear days for (1) election of the
Chairman, Vice-Chairman and Committees; from amongst themselves transacting
such other business as the Advocate General may direct. The Advocate General
shall preside over the said meeting.
2. Election
of Chairman, Vice-Chairman and Committees.
The election of the Chairman and the Vice-Chairman,
Members of the Committees shall be by Secret Ballot and rep to Bar Council of
India.
Provided that in the event of there
being more candidates, no member of the Bar Council shall be deemed to have
been elected as Chairman and Vice-Chairman unless he shall have secured a
majority of votes of the members present, and that in case of there being more
candidate than two, the names of candidates receiving the lowest number of
votes shall be eliminated after the votes have been first recorded and thereafter
the votes shall be taken for the other candidates and the same procedure shall
be followed until any candidate receives a majority of votes of the present
three election.
Any dispute regarding the validity of
the election of the Office of Chairman or Vice-Chairman of the Bar Council of
India & other Committee Members shall be decided by the Election Tribunal
and its decision shall be final.
3. Quorum.
At all meetings of the Bar Council
& Committee Members 1/3rd present shall form a quorum, where a meeting is
adjourned for want of a quorum no quorum shall be necessary for such adjourned
meeting.
4.
Meetings.
(1)
Ordinary meetings of the Bar Council shall be
convened by the Secretary under the direction of the Chairman, or in his
absence the Vice-Chairman who shall determine the date and time therefor.
Provided that no meeting shall
ordinarily be convened on any day falling within a vacation of the High Court.
Not less than 7 clear days notice of the meeting shall be given to the Members.
(2)
The Secretary shall convene an extra ordinary
meeting of the Bar Council on a written direction therefor from Chairman or in
his absence the Vice-Chairman on a requisition signed by or at least favour
Members of the Council specifying the agenda to be considered at such meeting.
Not less three clear days notice of such extraordinary meeting shall be given
to the Members.
(3)
Notices under this rule may be given either
by personal delivery to the members or by sending the same to the members under
certificate of posting as the Secretary may deem fit.
(4)
A Member shall address the Chair when
speaking at meeting of the Council and he shall be certified to speak only once
on each subject, unless otherwise required or permitted by the Chairman to do
so.
5. Voting.
Save as otherwise provided in these
rules, the decision on, any matter shall be by majority and in case of equality
of votes the Chairman shall have a second or casting vote. Each member present
shall have one vote and the Chairman of the meeting shall have a casting vote. Voting
shall ordinarily be by show of hands.
Reopening of decisions - No matter un
decided by a Resolution of the Bar Council shall be reconsidered or reopened
within three months from the date of such resolution, unless the Council by a
two-third majority of members present decide to reopen the matter.
6.
Non-contentious matters.
(a)
Non-contentious matters which can be disposed
of on a perusal of the papers relating there to may be circulated to the
Members of the Bar Council and if the said members unanimously minute for some
action to be taken such action may be taken immediately within 10 days.
(b)
If such matter, in the opinion of the
Chairman, or in his absence of the Vice-Chairman is urgent and it cannot be
circulated to any member or members by reason of his or their absence for head
quarters for some other reason, which, in the opinion of the Chairman or in his
absence of the Vice-Chairman, is sufficient than it may be circulated to the
other members and if such other members, unanimously minute for some action to
be taken, such action may be taken immediately.
(c)
The matter circulated under Clause (a) shall
be placed for information at the next ensuing meeting of the Bar Council.
7.
The action so taken shall be forthwith
intimated to all the members of the Council or the Committee concerned. The
papers shall be made before the next meeting of the Council or the concerned
Committee for confirmation.
8. Absence
of Chairman and Vice-Chairman.
In the absence of the Chairman, and
the Vice-Chairman at any meeting of the Bar Council the members present may
elect one from amongst them to preside over the said meeting.
9.
Casual vacancies means vacancy caused
otherwise than by the expiry of the term of office of a Member of the Bar
Council of Orissa.
10. Filling
of casual vacancies.
To fill casual vacancy among the
elected members of the Bar Council, the remaining members of the Bar Council
shall elect a duly qualified Advocate thereto in the manner following.
11.
The Secretary shall on the direction
of the Chairman or in his absence, the Vice-Chairman invite nominations within
seven days of the vacancy having occurred, or in the event of a vacancy
occurring during the vacation of the High Court, within 15 days after the
reopening of the High Court after the vacation shall follow the procedure for
holding election. Every candidate shall be duly proposed and seconded by a
member. In case there is only one candidate, such candidate/candidates shall be
declared duly elected by the Chairman on the expiry of the time fixed for such
nomination. In case of there being equal no of candidates equal the no of
vacancies. The election shall take place at the next meeting of the Bar
Council. The election shall be by ballot and the Chairman shall in case of
equality of votes, draw the lots there and then and shall declare result
accordingly.
Provided that such elected member
shall continue to be a member of the Bar Council only till the expiry of the
term of the outgoing, member in whose vacancy he is elected.
12. Powers
and duties of Chairman and Vice-Chairman.
The Chairman and in his absence the
Vice-Chairman, shall preside at the meeting of the Bar Council. The powers and
duties of the Chairman and Vice-Chairman shall be as follows :
(i)
The Chairman shall exercise general control
and supervision over the affairs of the Council.
(ii)
He shall preside over the deliberations of
the Council and of all Committees of which he is a member.
(iii)
He shall cause meetings of the Council or the
Committees convened at such time he may fix. He shall also settle the items of
the agenda for the meetings of the Council.
(iv)
He shall have power to pass interim orders in
revision and other matters arising out of the supervisory jurisdiction of the
Council.
(v)
He shall have power to punish any employee of
the Council by way of any proceedings or suspension, removal or dismissal.
(vi)
He shall be the authority to sanction the
disbursement of salaries and allowances of the staff and to make over payment
of any bill outstanding against the council. He shall engage temporary/daily wage
staff as and when necessary being moved by the Secretary not exceeding three
months without the approval of the Bar Council.
13. xxxx
The Vice-Chairman shall exercise all
the powers and discharge all the functions of the Chairman in his absence and
under his direction.
14. Venue of
meeting.
The meeting of the Bar Council shall
be held at Cuttack.
15. Rules of
the business.
The Bar Council may make such rules of
business as it may think fit, but not inconsistent with the Act and these
rules.
CHAPTER
- IV
ENROLMENT
RULES
UNDER SECTION 28(2)(c)(d) READ WITH SECTION 26 MADE BY
THE BAR
COUNCIL OF ORISSA AND APPROVED BY THE BAR COUNCIL OF
INDIA ON
3.6.1976 IN SUPERSESSION OF THE RULES ALREADY FRAMED
ON THE
SUBJECT TO TAKE EFFECT FROM 1.12.1973.
(1)
An application for admission as an Advocate
on the roll of the Bar Council of Orissa shall be made in the form prescribed
by the Council.
(2)
The Application shall be scrutinized 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 Act, the rules made thereunder and the resolution
passed and/or directions given and/or the principles, laid down from time to
time by the Bar Council and then in force.
(3)
In the event of the Enrolment Committee
seeking any doubt or difficulties as to the eligibility of the person 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 applications in the light of the
rolling and/or directions given by the Bar Council in that behalf.
(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(2) of the Act 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.
RULES
FRAMED UNDER SECTION 28(2)(D) READ WITH SECTION 24(1)(e)
(1)
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 be admitted
as an Advocate.
Provided however, this rule shall not
apply to :
(i)
Any person who is an Article clerk of an Attorney;
(ii)
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 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.
(iii)
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
(iv)
Any other person or class of persons as the
Bar Council may from time to time exempt after the approval of the Bar Council
of India.
(2)
Every person applying to be admitted as an
Advocate shall in his application made 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 or involved in any criminal case affecting his moral
turpitude contrary to the Rules of the State Bar Council and of the Bar Council
of India made under the Act, 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.
(3)
A breach of the above mentioned rules or any
undertaking given in pursuance thereof shall amount to professional misconduct.
(4)
The application shall be accompanied by the
followings :
(a)
A diploma or a certificate showing that the
applicant has taken a degree in law of a University of India.
(b)
Certificate, in the form prescribed, as to
his moral character and of his fitness to be an Advocate or the Rule of
Advocates of the Bar Council of.............from at least two persons of
respectability and position (not being his relations) preferably Advocate on
the roll of the Bar Council of.....................where the applicant is a
person already enrolled as Vakil, Pleader or an Attorney, he shall not be
required to produce such certificates.
(c)
A declaration in written 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 had
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 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 fees prescribed for enrolment under
Section 24(1) (f).
(g)
A declaration that the applicant has competed
21 years of his age 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 or involved in any criminal case affecting his moral
turpitude except as provided in Rules 1 and 2 of the Rules of the State Bar
Council made under Section 28(2)(d) and the Rules of the Bar Council of India.
(i)
The undertaking to be given in the following
terms :
(a)
I do here 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 on 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.
(5)
The form of application for enrolment shall,
subject to necessary modifications or additions as may be made when necessary
be ordinarily in the following form.
(6)
A person suffering from a contagious disease
which in the opinion of the State Bar Council makes his practice of law as
hazard to the health of others should not be enrolled during the times that
concerned continues to suffer from the said disease.
APPLICATION FOR ENROLMENT UNDER THE ADVOCATE ACT. 1961, RULE 5 OF THE
RULES UNDER SECTION 28(2)(d) OF THE BAR COUNCIL OF ORISSA
Name of
Applicant...........................................
(In full in block letters, surname first)
Address (Capital letters)
1.
Permanent......................
2.
Temporary/present..............
To
The Bar Council of..............
I.....................................son
of.....................do hereby declare that I
am desirous of being admitted as an Advocate on the
roll of Advocates maintained by Bar Council.....................and beg to
apply for the same
1.
I hereby declare that-
I am a citizen of India
I am a national of..................where citizen
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 being...........
3.
I declare that upon admission I shall ordinarily practice within the
State of..............
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.
1 declare that I was enrolled as District Pleader/Vakil/Mukhtar/Advocate
by.............High Court/Judicial Commissioner's Court/District 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.............
A.
I hold a degree in law of a University in India recognized by the Bar
Council of India under Section 24(1)(c) of the Advocates Act. The particulars
thereof are given below :
1.
IF A GRADUATE -
(i)
Name of the College where the degree in Arts/Science or Commerce was taken...............
(ii)
The year in which it was taken...............
(iii)
The name of Degree........................
(iv)
The medium of instruction in the said Course.........whether English was
one of the compulsory subjects. Whether he had passed in the examination or
test proficiency in English.
(v)
Other particulars, if any, regarding the qualifications obtained before
joining the course of instruction in law.........
2.
IF NOT A GRADUATE
(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.
B.
(i) Name of the University in which-the degree in law was
taken....................
(ii) Name of the Degree in law.............
(iii) The academic years of the course of
instruction and the year when the degree was taken.............
(iv) Name of the College where the course of
instruction was taken and completed.............
(v) Where the degree was taken by private study or
actual attendance at classes.........................................
(vi) The duration of the course of instruction in
law whether two or three year..........
(vii) The medium of instruction in law. The
language in the course of instruction in law..................
(viii) Whether proficiency test in English was
passed in the course of instruction in law where the medium of instruction in
law is not English.
(ix) Other relevant particulars if
any................
C.
I hold a degree in law of a University outside the territory of India
which is recognized by the Bar Council of India, and the particulars are given
below :
(i)
The name of the 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)
I studied in the.................................
in the
year..........................................
8.
(To be filled up by candidates who are required to undergo training and
pass in examination as required under Section 24(1)(d).
I have undergone practical training and passed the
examination held as required under Section 24 (1)(d) of the Advocates Act,
1961.
The training was for a period
of................months from........to...........
it was under
Sri.........................................Advocate, practising
at...................
I have passed the following examinations held by
the Bar Council in............................
The following certificates required under the Rules
in token of the training undergone and the passing of the examination are
enclosed :
(Give particulars)
9.
(to be filled up by applicants exempted from training and examination as
required under Section 24(1)(d) of the Act.
I did not undergo training after my law degree or
pass examination held by the Bar Council as prescribed under Section 24(1)(d)
as I have been exempted under the notification of the Government of
India............
from undergoing the same/as I have been exempted
under the notification of the Government of India No..............(give
details.)
10.
(To be filled up by persons who have undergone the three year course of
study and taken the degree in law.)
In my course of study for 3 years I have had
practical training and passed the examinations as required by the Bar Council
of India and I have attended moot Court/classes.
11.
(To be filled up by applicants covered by Clause (IV) of Rule 10 of the
Rules of the Bar Council of India in Part - III A.
The period of my two years course of study was
from......to.......The examination of the University which should have been
held before 31st December, 1971 was held actually on........and the results
were announced on............
I have passed the examination on the following
subjects not covered by the two years course and held by the Bar Council
of..........as required under Rule No..........
12.
I enclose..............(Original Certificates and diploma and furnish
true copies of the originals (Particulars to be furnished)
1.
H.S.C. Original with an attested copy.
2.
LL.B. Original or provisional certificate and an attested copy.
3.
Conduct Certificate from the Law College.
4.
Mark sheet of Degree Examination (B.A./B.Sc./Br./B.E.) Original and an
attested copy.
5.
Two pass port size attested photographs.
13.
I enclose certificates of good moral character and of fitness to be an
Advocate on the Roll of the Bar Council of...............(Particulars to be
furnished)
14.
*l do hereby declare that **I am/I am not in full or part time
employment or service.
15.
*l declare that I am/I am not engaged in any trade, business or
profession.
16.
*l give particulars of my previous employment or service or trade or
business or profession as under.
17.
*l have left my previous employment or service in consequence of
termination of service, retirement/resignation/dismissal on..................
under the following circumstances.
18.
I have left my previous trade, business or profession in the year
.........by reason of...............
(The applicant is expected to answer with utmost
frankness and candour).
19.
State any other circumstances or incident affecting your character of
fitness to be enrolled.
20.
1 declare that I made a previous application for enrolment as Advocate/.
Pleader/Mukhtar/Revenue Agent to the Bar Council
of............... Court of
...........The application was rejected for the
reason of................
The application was withdrawn
(Copy of the order of the Bar Council of Court
concerned to be filled. If no such application was made it should be
specifically stated.)
21.
(a) Have you been convicted previously for any offence involving moral
turpitude, by any Court in India or outside India..............Answer
specifically yes or no (=)
Give particulars as to the name of the Court, the
number of proceedings, the order or judgment, whether any appeal or revision
filed and the result of the same, give the date, nature of the appeal under
each head (file relevant copies)
(b) Is there any pending Criminal Proceeding
against you, if so give full particulars as to name of Court, date, nature of proceedings,
etc.
(c) Have you been dismissed or suspended from
service otherwise punished while in service. Give particulars.
22.
Have you been adjudged as insolvent by any Court. Give particulars.
23.
I herewith pay/remit Rs.
being the enrolment fee payable under Section
24(i)(f) of the Advocates Act,
1961.______________________________________________________
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Bank Draft No.
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Amount
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In favour of
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Payable at
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1. Enrolment fee
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2. Adv.W.F.
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3. Adv. W.D.F.
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4. B.C.I.
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24.
1 hereby declare that if admitted as an Advocate I will faithfully
observe and abide by all rules made by the Bar Council of..................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 with rules relating to Standard of Professional Conduct and etiquette
printed overleaf.
25.
I give my undertaking as required.
26.
I declare that the statements made in this application are true to 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 the copies of my photographs duly attested
by........on..........
Signature
N.B. : If any statement or fact stated in the application
is found to be false at any tie, the name of the applicant shall be liable to
be struck off the roll under proviso to Sub-section (1) of the Section 26 of
the Advocates Act, 1961.
CERTIFICATE OF GOOD MORAL CHARACTER
I..................................(Name)............certify
(Address and Profession, occupation or position) 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 Council of..........
Dated this...............day of...........
Date of Enrolment as an
Advocate....................
Signature
CERTIFICATE OF GOOD MORAL CHARACTER
I..................................(Name)...............certify
(Address and Profession, occupation or position)
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 fit
and proper person to be admitted as an Advocate on the Roll of the Advocates of
the Bar Council of.,........
Dated this...............day of...........
Date of Enrolment as an
Advocate...............'.....
Signature
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 hereby declare and undertake that:
(1)
I shall uphold the Constitution and the laws;
(2)
I shall conform to the standards of professional conduct and etiquette
laid down by the Bar Council of India which have read;
(3)
I shall faithfully discharge every other obligation cast on me by the
Advocates Act, 1961 and the rules framed thereunder.
(4)
I shall inform the Bar Council of any change of address 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.........20.....
Signature
Instructions to applicant :
1.
(*) Score out which is not applicable and initial the same
2.
(^) If the applicant was enrolled by any High Court or any State Bar
Council he should enclose original certificate of
enrolment or give proof on particulars thereof to the satisfaction of the
Enrolment Committee
3.
(o) Original degree law or certificate will be returned after
verification if a true copy is furnished by the applicant. A certificate of a
University of having passed the LL.B. Examination shall be duly signed and
sealed.
4.
(%) State particulars of any connection with a firm joint family firm or
a company or corporation as well as details.
5.
(**) Enclose necessary proof in support.
6.
(=) If there is any conviction or adjudication particulars thereof
should be furnished.
ENROLMENT
Rules under Section 28(2)(1)
(1)
An application for admission as an Advocate on the Roll of the Bar
Council of Orissa shall be made in the form prescribed by the Council. The cost
of the application form shall be Rs. 10/- in the office and Rs. 15/- by post.
(2)
The application shall be scrutinized by the Office and submitted to the
Enrolment Committee of the Bar Council. The Enrolment 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 direction given and/or
principles laid down from time to time by the Bar Council and in force.
(3)
In the event of the Enrolment Committee feeling any doubt or
difficulties as to the eligibility of the person seeking admission or as to the
interpretation of any of the provision 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 list of the rolling and/or directions
given by the Bar Council in that behalf.
(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 (2) of the Act 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.
RULES FRAMED UNDER SECTION
28(2)(d) READ WITH SECTION 24(1)(e)
1. 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 rule shall not apply
to :
(i)
Any person who is a Law Officer of the Central Government or the
Government of State or any Public Corporation or body constituted States
entitled to be enrolled under the Rules, 50, 51 and 52 of his Bar Council made
under Sec. 28(2)(d) referred to Section 24 (1)(e) of the Act despite his leading
a full time salaried employee.
(ii)
Any person who by virtue of being a member of Hindu Joint Family
business or any person on whom has divulged any interest in business by
inheritance or otherwise, provided he should not take part in the Management
thereof, and
2. Except
as provided in Rule 1, every person applying to be admitted as an Advocate
shall in his application made a declaration that he is not in full or part time
service of employment and that he is not engaged in any trade, business or profession
which is derogatory to the status of an Advocate. 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 particular 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 Bat Council of such service or
employment or engagement and unless the Bar Council otherwise directs shall
practice as an Advocate.
3. No
Advocate shall accept any employment which in the opinion of the Bar Council is
derogatory to the status of Advocates and if does so, he shall be liable to be
proceeded against for professional misconduct.
4. A
breach of the above mentioned rules or any undertaking given in pursuance
thereof, shall amount to professional misconduct.
5. The
application shall be accompanied by the following :
(a)
A diploma or a certificate showing that the applicant has taken a degree
in law of a University of India as a Collegiate student.
(b)
Certificate, in the form prescribed, as to his moral character and of
his physical fitness granted by a Doctor to be an Advocate or the Rule of
Advocate of the Bar Council of the State from at least two persons of
respectability and position (not being his relations) preferably Advocates on
the roll of the Bar Council of Orissa.
(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 had made any previous
application for admission as an Advocate to any Bar Council and the result
thereof.
(e)
A declaration that he is a citizen of India or a National of a
Country.........
where citizens of India duly qualified are permitted
to practice in law.
(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 enrolment.
(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 of a State
(ii)
Any person who is an Assistant to an Advocate or to an Attorney is an
Advocate
(iii)
Any person who by virtue of being a member of joint Hindu Family, has an
interest in a Joint Hindu Family business of any person on whom has developed
any interest in business by inheritance or otherwise provided he does not take
part in the management thereof and
(iv)
Any other person or class of person as the Bar Council may from time to
time accept -
(i)
The two undertakings to be given in the following terms :
(a)
I do hereby undertake that if after my admission as in any trade,
business, or profession (other than such as exempted the State Bar Council from
the operation of this undertaking) I shall forthwith inform that 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.
MISCELLANEOUS RULES (IDENTITY CARD)
The Advocate whose Roll No. are born on the State
Roll of Orissa State Bar Council may be issued Identify Cards as prescribed by
Bar Council.
The form of identify card shall be as follows :
IDENTITY CARD
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Enrolment No.
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1. Name..........
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Date
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2. Father's Name.
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3. Place of practice
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Pass port size
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photographs
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4. Address:.........
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5. Phone No.
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Secretary
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Orissa State Bar Council
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6. Signature
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7. Date of Birth
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The cost of the Identify card should be determined
by the Council from time to time through resolution.