Skip to main content

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

 Section 49 The Advocates Act Description

[(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 disqualifications 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 recognised 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 practise and the circumstances under which a person shall be deemed to practise 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 standard 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 recognised 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;






(j) 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 rules 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.]


Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more