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Section 8A of Advocates Act 1961 - Constitution of Special Committee in the absence of election

 

 

What is the Constitution of Special Committee in the absence of election? Section 8A of Advocates Act, 1961

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

1. Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be , referred to in section 8, the Bar council of India shall , on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of -

(i) The ex officio member of the State Bar Council referred to in clause (a) of sub – section (2) of section 3 to be the Chairman:

Provided that where are more than one ex officio members, the senior-most amongst them shall be the Chairman, and

(ii) Two members to be nominated by the Bar Council of India from amongst to advocates on the electrical roll of the Sate Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.

2. On the constitution of the Special Committee and until the State Bar Council is constituted.-

a. All properties and assets vesting in the State Bar Council shall vest in the Special Committee:

b. All rights, liabilities and obligation of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special committee;

c. All proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special committee.

 

2. The Special Committee constituted under sub- section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section . (1) , and where, for any reason the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.

 

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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