Advocates Act, 1961 - Chapter II: Bar Councils

Section 11 of the Advocates Act, 1961: Staff of Bar Council

Section 11 of the Advocates Act, 1961 deals with the basic staffing structure of every Bar Council. It requires appointment of a secretary, permits appointment of an accountant and other necessary staff, and requires the secretary and accountant to possess prescribed qualifications.

Text of Section 11

Meaning and explanation of Section 11

1. Secretary is mandatory

The expression "shall appoint a secretary" makes appointment of a secretary compulsory for every Bar Council. The secretary is therefore part of the minimum statutory administrative structure contemplated by Section 11.

2. Accountant is optional

Section 11 uses the word "may" in relation to appointment of an accountant. A Bar Council can therefore appoint an accountant where its administrative and financial requirements make such appointment necessary or appropriate.

3. Other staff may also be appointed

The provision allows a Bar Council to appoint such number of other persons as it considers necessary. This gives the Council flexibility to maintain clerical, administrative, technical and other support staff according to its functions and workload.

4. Prescribed qualifications

Sub-section (2) requires the secretary and accountant, where an accountant is appointed, to possess the qualifications prescribed under the applicable rules. The statutory provision itself does not list those qualifications.

What does "prescribed" mean?

Under the Advocates Act, matters described as "prescribed" are governed by rules made under the Act. In relation to Bar Council staff, Section 15 is particularly relevant because it authorizes Bar Councils to make rules for carrying out Chapter II.

Section 15(2)(k) expressly permits rules concerning the qualifications and conditions of service of the secretary, accountant and other employees of a Bar Council. Rules made by a State Bar Council under Section 15 do not take effect unless approved by the Bar Council of India.

Section 11 and related provisions

Key legal points

• Every Bar Council must appoint a secretary.
• An accountant may be appointed but is not made compulsory by Section 11 itself.
• The Council may appoint additional staff according to its administrative requirements.
• The secretary and accountant must satisfy qualifications prescribed under applicable rules.
• Conditions of service may be regulated by rules made under Section 15.

Official legal sources

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

Applicable Bar Council rules should also be checked where the precise qualifications or service conditions of staff are relevant: India Code - Bar Council of India Rules, Part I to Part III.