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Section 4 of Advocates Act 1961 - Bar Council of India

 

 

What is the role of Bar Council of India? Section 4 of Advocates Act, 1961

Section 4 : Bar Council of India

(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;

(bb) [Omitted by Act 38 of1977]

(c) one member elected by each State Bar Council from amongst its members.

(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.

(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be : PROVIDED that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.

 

(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall

(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election or till he ceases to be a member of the State Bar Council, whichever is earlier; and

(ii) in any other case, be for the period for which he holds office as a member of the State Bar Council:

PROVIDED that every such member shall continue to hold as a member of the Bar Council of India until his successor is elected.

 

ADVOCATES ACT 1961

Section 2 : Definitions

CHAPTER II
BAR COUNCILS

Section 3 : State Bar Councils

Section 4 : Bar Council of India

Section 5 : Bar Council to be body corporate

 

 

Section 6 : Functions of State Bar Councils

Section 7 : Functions of Bar Council of India

Section 7A : Membership in international bodies

Section 8 : Term of office of Members of State Bar Council

Section 8A : Constitution of Special Committee in the absence of election

 

 

Section 9 : Disciplinary Committees

Section 9A : Constitution of legal aid Committees

Section 10 : Constitution of committees other than disciplinary committees

Section 10A : Transaction of business by Bar Councils and committees thereof

Section 10B : Disqualification of members of Bar Council

 

 

Section 11 : Staff of Bar Council

Section 12 : Accounts and audit

Section 13 : Vacancies in Bar Councils and Committees thereof not to invalidate action taken

Section 14 : Election to Bar Councils not to be questioned on certain grounds

Section 15 : Power to make rules

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