The advocates who have qualified as Advocate on Record after under going training under Advocate on Record with Prescribed experience and have cleared the the Advocate on Record Examination are authorised to act as well as to plead for the party in the case and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said case or any application or miscellaneous application connected with the same or any decree or order passed therein, including proceedings in taxation, applications for review and curative petitions. Details about AOR, authorites and functions are:
(i) to act as well as to plead for the party in the case and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said case or any application or miscellaneous application connected with the same or any decree or order passed therein, including proceedings in taxation, applications for review and curative petitions; and
(ii) to deposit and receive money on behalf of the said party.
(i) moneys received from or on account of and the moneys paid to or on account of each of his clients; and
(ii) the moneys received and the moneys paid on his own account.
(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party:
Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.
(b) A vakalatnama filed by the State or its instrumentality under Article 12 of the Constitution or any body corporate shall be signed by the appropriate authority with official seal.
(c) A vakalatnama shall :
(i) be filed on demy-foolscap size paper and one side of the paper be used;
(ii) mention the name, age, father's name and address of the person(s) appointing the advocate as also the serial number in the array of parties;
(iii) contain State Bar Council Enrolment Number, postal address, telephone number, mobile number, eMail address and registration number of the advocate on-record accepting the vakalatnama, for service;
(iv) mention name of the person(s) executing the vakalatnama and advocate accepting the same, below their respective signatures;
(d) The Advocates Welfare Fund Stamp shall be pasted on the header of the vakalatnama, without covering any part of the text.
(e) Wherever a vakalatnama is found to be defective in any respect, the case in which it has been filed shall be dealt with as a defective case.
(f) Where the vakalatnama is executed in the presence of the advocate on-record, he shall certify that it was executed in his presence.
(g) Where the advocate on-record merely accepts the vakalatnama which is already duly executed in the presence of a Notary or an advocate, he shall make an endorsement thereon that he has satisfied himself about the due execution of the vakalatnama.
(i) A memo of appearance shall, inter alia, consist of a declaration signed by the advocate on-record that he has been authorized, instructed and engaged to appear, act and plead for the party.
(ii) Where the party has personally authorized, instructed and engaged the advocate on-record, memo of appearance shall be countersigned by the party. Where the party is illiterate, thumb impression or other mark of the party on the memo of appearance shall be attested by at least two literate witnesses, who shall furnish their names and addresses, including police station in case of a criminal matter.
(iii) Where a person, other than a party to the cause, appeal or matter, has authorized, instructed and engaged the advocate on-record on behalf of a party, the memo of appearance shall be accompanied by the Power of Attorney signed by the party authorizing such person to authorize, engage and instruct an advocate on-record to appear, act and plead on his behalf. Such Power of Attorney shall clearly state the nature of relationship of such person with the party.
(iv) If such authorization is not accompanied by Power of Attorney, the matter shall be dealt with as a defective case.