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Section 49 of Advocates Act 1961 - General power of the Bar Council of India to make rules

 

 

What is General power of the Bar Council of India to make rules? Section 49 of Advocates Act, 1961

Section 49 : General power of the Bar Council of India to make rules

(1) The Bar Council of India may make rules for discharging its functions under this Act, and in particular, such rules may prescribe:

(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council, including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;

(ab) qualifications for membership of a Bar Council and the qualifications for such membership;

(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3;

(ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll;

(ae) the manner in which the seniority among advocates may be determined;

(af) the minimum qualifications required for admission to a course of degree in law in any recognized university;

(ag) the class or category of persons entitled to be enrolled as advocates;

(ah) the conditions subject to which an advocate shall have the right to practice and the circumstances under which a person shall be deemed to practice as an advocate in a court;

(b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another;

(c) the standards of professional conduct and etiquette to be observed by advocates.

(d) the standards of legal education to be observed by universities in India and the inspection of universities for that purpose;

(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognized for the purpose of admission as an advocate under this Act;

(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee;

 

(g) the restrictions in the matter of practice to which senior advocates shall be subject;

(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;

(h) the fees which may be levied in respect of any matter under this Act;

(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced;

G) any other matter which may be prescribed:

PROVIDED that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:

PROVIDED FURTHER that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government.

(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rule made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.

 

ADVOCATES ACT 1961

Section 48A : Power of revision

Section 48AA : Review

Section 48B : Power to give directions

Section 49 : General power of the Bar Council of India to make rules

Section 49A : Power of Central Government to make rules

Section 50 : Repeal of certain enactments

 

 

Section 51 : Rule of construction

Section 52 : Saving

CHAPTER VII

TEMPORARY AND TRANSITIONAL PROVISIONS

Section 53 : Elections to first State Bar Council

Section 54 : Term of office of members of first State Bar Council

Section 55 : Rights of certain existing legal practitioners not affected

 

 

Section 56 : Dissolution of existing Bar Councils

Section 57 : Dissolution of existing Bar Councils

Section 58 : Special provisions during the transitional period

Section 58A : Special provisions with respect to certain Advocates

Section 58AA : Special Provisions in relation to the Union territory of Pondicherry

Section 58AB : Special provisions with respect to certain persons enrolled by Mysore State Bar Council

 

 

Section 58AC : Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council

Section 58AD : Special provisions with respect to certain persons migrating to India

Section 58AE : Special provisions in relation to the Union territory of Goa, Daman and Diu

Section 58AF : Special provisions of relation to Jammu and Kashmir

Section 58AG : Special provisions in relation to article clerks

Section 58B : Special provisions relating to certain disciplinary proceedings

Section 59 : Removal of difficulties

Section 60 : Powers of Central Government to make rules

The Schedule : Repeal of Enactments

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