Section Text
1 [49A.Power of Central Government to make rules.-
(1) The CentralGovernment may, by notification in the Official Gazette, make rulesfor carrying out the purposes of this act including rules withrespect to any matter for which the Bar Council of India or a StateBar Council has power to make rules.
(2) In particular andwithout prejudice to the generality of the foregoing power, suchrules may provide for-
(a) qualifications ofmembership of a Bar Council and disqualifications for suchmembership;
(b) the manner in which the BarCouncil of India may exercise supervision and control over State BarCouncils and the manner in which the directions issued or orders madeby the Bar Council of India may be enforced;
(c ) the class orcategory of persons entitled to be enrolled as advocates under thisAct;
(d) the category of persons who maybe exempted from undergoing a course of training and passing anexamination prescribed under clause (d) of sub-section (1) of section24;
(e) the manner in whichseniority among advocates may be determined;
(f) the procedure to befollowed by a disciplinary committee of a Bar Council in hearingcases and the procedure to be followed by a disciplinary committee ofthe Bar Council of India in hearing appeals;
(g) any other matterwhich may be prescribed.
(3) Rules under thissection may be made either for the whole of India or for all or anyof the Bar Councils.
(4) If any provisionsof a rule made by a Bar Council is repugnant to any provision of arule made by the Central Government under this section, then, therule under this section, whether made before or after the rule madeby the Bar Council, shall prevail and the rule made by the BarCouncil shall, to the extent of the repugnancy, be void.
2 [(5)Every rule made under this section shall be laid, as soon as may beafter it is made, before each House of Parliament, while it is insession for a total period of thirty days which may be comprised inone session or in two or more successive sessions and if, before theexpiry of the sessions immediately following the session or thesuccessive sessions aforesaid, both Houses agree in making anymodification in the rule or both Houses agree that the rule shouldnot be made, the rule shall thereafter have effect only in suchmodified from or be of no effect, as the case may be; so, however,that any such modification or annulment shall be without prejudice tothe validity of anything previously done under that rule].
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1.Inserted by Act 21 of 1964, section 21.
2.Sub-section (5) Substituted by Act 60 of 1973, section 39.