Section 49A of the Advocates Act, 1961 - Power of Central Government to Make Rules

Sub-section (1): General rule-making power

The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Advocates Act, 1961, including rules on any matter for which the Bar Council of India or a State Bar Council has power to make rules.

Sub-section (2): Specific matters for which rules may be made

Without limiting the general rule-making power in sub-section (1), rules may provide for:

1. qualifications for membership of a Bar Council and disqualifications for such membership;
2. the manner in which the Bar Council of India may exercise supervision and control over State Bar Councils, and the manner in which its directions or orders may be enforced;
3. the class or category of persons entitled to be enrolled as advocates under the Act;
4. the category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub-section (1) of Section 24;
5. the manner in which seniority among advocates may be determined;
6. the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and by the disciplinary committee of the Bar Council of India in hearing appeals; and
7. any other matter which may be prescribed.

Sub-section (3): Territorial application of rules

Rules made under Section 49A may apply to the whole of India or to all or any of the Bar Councils.

Sub-section (4): Effect of conflict with Bar Council rules

If a rule made by a Bar Council is repugnant to a rule made by the Central Government under Section 49A, the Central Government rule prevails. The conflicting Bar Council rule is void only to the extent of the repugnancy. This applies whether the Central Government rule was made before or after the Bar Council rule.

Sub-section (5): Rules to be laid before Parliament

Every rule made under Section 49A must be laid before each House of Parliament as soon as may be after it is made, for a total period of thirty days while Parliament is in session. That period may fall within one session or two or more successive sessions.

If both Houses agree to modify the rule, or agree that the rule should not be made, the rule thereafter operates only in the modified form or ceases to have effect, as the case may be. Any such modification or annulment does not affect the validity of anything previously done under the rule.