Advocates Act, 1961 - Chapter II: Bar Councils

Section 10A of the Advocates Act, 1961: Transaction of Business by Bar Councils and Committees

Section 10A of the Advocates Act, 1961 regulates where the Bar Council of India, State Bar Councils and their committees may meet, and requires them to follow prescribed procedural rules while conducting business at meetings.

In brief: Section 10A separates the meeting arrangements for Bar Councils, ordinary committees and disciplinary committees. It also requires reasons to be recorded in writing when the Bar Council of India or a State Bar Council meets away from its usual location.

What does Section 10A provide?

The provision deals with the place of meetings and the procedural framework for transacting business. It applies to the Bar Council of India, State Bar Councils and committees constituted by Bar Councils, while making a separate rule for disciplinary committees constituted under Section 9.

Text of Section 10A

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

(1) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine.

(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine.

(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils.

(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.

(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.

Meaning and explanation of Section 10A

1. Meeting place of the Bar Council of India

Under sub-section (1), the normal meeting place of the Bar Council of India is New Delhi. The Council may meet elsewhere, but the reasons for choosing another place must be recorded in writing.

2. Meeting place of a State Bar Council

Under sub-section (2), a State Bar Council ordinarily meets at its headquarters. It may hold a meeting at another place if it determines to do so and records the reasons in writing.

3. Meetings of non-disciplinary committees

Sub-section (3) provides that committees other than disciplinary committees are to meet at the headquarters of the Bar Council that constituted them.

4. Procedure for transaction of business

Sub-section (4) requires every Bar Council and every committee other than a disciplinary committee to follow the prescribed rules of procedure for conducting business at meetings.

5. Special rule for disciplinary committees

Sub-section (5) separately governs disciplinary committees constituted under Section 9 of the Advocates Act, 1961. Their meeting times, places and procedure are governed by the rules prescribed for disciplinary proceedings.

Relevant definitions under the Advocates Act, 1961

For understanding Section 10A, the definitions in Section 2 are relevant. A "Bar Council" means a Bar Council constituted under the Advocates Act. The "Bar Council of India" means the Council constituted under Section 4. A "State Bar Council" means a Bar Council constituted under Section 3. The term "prescribed" means prescribed by rules made under the Act.

See Section 2 - Definitions for the statutory definitions.

Related provisions

Section 9 deals with disciplinary committees.
Section 10 deals with committees other than disciplinary committees.
Section 15 contains the rule-making power of Bar Councils for matters covered by the Act.

Official source

The current central text of the Advocates Act, 1961 can be checked on India Code: Official India Code - Advocates Act, 1961.

Legal note: This page reproduces and explains Section 10A for general legal information. For a matter involving Bar Council procedure or disciplinary proceedings, the applicable Act, rules, notifications and current Bar Council regulations should also be checked.