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Indian Bar Councils Act, 1926 Complete Act

Title: Indian Bar Councils Act, 1926

State: Central

Year: 1926

.....and procedure of Bar Councils Section7 - Power of Bar Council to make bye-laws Section8 - Enrolment of advocates Section9 - Qualifications and admission of advocates Chapter II Section10 - Punishment of advocate for misconduct [Repealed] Section11 - Tribunal of Bar Council [Repealed] Section12 - Procedure in inquiries [Repealed] Section13 - Powers of the Tribunal and Courts in inquires [Repealed] Chapter III Section14 - Right of advocates to practise Section15 - General power of Bar Councils to make rules Section16 - Power to fix fees payable as costs Section17 - Indemnity against legal proceedings Section18 - Publication of rules Section19 - Amendment of enactments, etc Section20 - Transitional provision regarding certain Bar Councils affected by States' reorganisation ScheduleI - SCHEDULE

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Indian Bar Councils Act, 1926 Section 4

Title: Composition of Bar Councils

State: Central

Year: 1926

.....period of ten years aforesaid shall be computed after taking into account the period for which the person concerned was entitled as of right to practise in the High Court of Bombay or of Saurashtra or in the Judicial Commissioner's Court of Kutch before the 1st day of May, 1960.] (3) Of the elected members of the Bar Councils to be constituted for the High Courts of Judicature at Fort William in Bengal and at Bombay such proportion as the High Court may direct in each case shall be persons who have, for such minimum period as the High Court may determine, been entitled to practise in the High Court in the exercise of its original jurisdiction, and such number as may be fixed by the High Court out of the said proportion shall be barristers of England or Ireland or members of the Faculty of Advocates in Scotland. (4) There shall be a Chairman and Vice-Chairman of each Bar Council elected by the Council in such manner as may be prescribed: PROVIDED that the Advocates-General of West Bengal, Madras Maharashtra and Gujarat shall be Chairmen ex officio, respectively, of the Bar Councils constituted for the High Courts of those States. __________________________ 1 ......

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Indian Bar Councils Act, 1926 Section 15

Title: General Power of Bar Councils to Make Rules

State: Central

Year: 1926

A Bar Council may, with the previous sanction of the High Court for which it is constituted, make rules consistent with this Act to provide for and regulate any of the following matters, namely: -- (a) the rights and duties of the advocates of the High Court and their discipline and professional conduct; (b) the conditions subject to which advocates of other High Courts may be permitted to practise in the High Court; (c) the giving of facilities for legal education and training and the holding and conduct of examinations by the Bar Council; (d) the charging of fees payable to the Bar Council in respect of the enjoyment of educational facilities provided, or of the right to appear at examinations held, by the Bar Council; (e) the investment and management of the funds of the Bar Council; and (f) any other matter in respect of which the High Court may require rules to be made under this section.

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INDIAN BAR COUNCILS ACT, 1926 Section 20

Title: Transitional provision regarding certain Bar Councils affected by States' reorganisation

State: Central

Year: 1926

(1) The Bar Councils for the High Courts of the States of Bombay, Madhya Pradesh, Mysore, Punjab, Rajasthan and Travancore-Cochin functioning immediately before the 1stday of November, 1956, shall be deemed to be the Bar Councils for the High Courts of the corresponding new States of Bombay, Madhya Pradesh, Mysore, Punjab, Rajasthan and Kerala, respectively. (2) As from the said day, (a) the Bar Councils for the High Courts of Hyderabad and Saurashtra shall stand dissolved, and (b) the assets and liabilities of the Bar Council for the High Court of Hyderabad shall stand transferred to, the Bar Councils for the High Courts of Andhra Pradesh, Bombay and Mysore and be divided among them in such proportion as may be agreed upon, and in default of such agreement, in the proportion of 57.61:27.81:14.58.]

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Indian Bar Councils Act, 1926 Preamble 1

Title: Indian Bar Councils Act, 1926

State: Central

Year: 1926

INDIAN BAR COUNCILS ACT, 1926 [Act, No. 38 of 1926] [9th September, 1926] PREAMBLE An Act to provide for the constitution of Bar Councils and for other purposes. WHEREAS it is expedient to provide for the constitution and incorporation of Bar Councils for certain Courts to confer powers and impose duties on such Bar Councils, and to consolidate and amend the law relating to legal practioners entitled to practice in such Courts. It is hereby enacted as follows:

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Indian Bar Councils Act, 1926 Section 3

Title: Constitution and Incorporation of Bar Councils

State: Central

Year: 1926

(1) For every High Court a Bar Council shall be constituted in the manner hereinafter provided. (2) Every Bar Council so constituted shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the name of the Bar Council of the High Court for which it has been constituted sue and be sued.

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Indian Bar Councils Act, 1926 Section 5

Title: Special Provisions Regarding Constitution of First Bar Councils

State: Central

Year: 1926

(1) Notwithstanding anything contained in clause (c) of sub-section (1) of section 4, the elected members of the first Bar Council constituted under this Act for any High Court shall be elected by and from amongst the advocates, vakils and pleaders who are on the date of the election entitled as of right to practise in the High Court. (2) The terms of office of the nominated and elected members of any such first Bar Council shall be three years from the date of the first meeting of the Council.

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Indian Bar Councils Act, 1926 Section 6

Title: Power to Make Rules Regarding Constitution and Procedure of Bar Councils

State: Central

Year: 1926

.....of business thereat; (e) the manner of election and the respective terms of office of the Chairman, in cases where the Chairman is to be elected, and of the Vice-Chairman; and (f) any matter incidental or ancillary to any of the foregoing matters. (2) The first rules under this section shall be made by the High Court, but the Bar Council may thereafter, with the previous sanction of the High Court, add to, amend or rescind any rules so made. (3) No election of a member or members to the Council shall be called in question on the ground that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date fixed for the election has, not less than thirty days before that date, been published in the Official Gazette of the State, or of each State, as the case may be, in which the High Court exercises jurisdiction. (4) Rules made under clause (b) of sub-section (1) may provide for the retirement of members from office by rotation and for the manner in which the order of such retirement shall be determined.

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Indian Bar Councils Act, 1926 Section 7

Title: Power of Bar Council to Make Bye-laws

State: Central

Year: 1926

The Bar Council may make bye-laws consistent with this Act and any rules made there under to provide for any of the following matters, namely: -- (a) the appointment of such ministerial officers and servants as the Bar Council may deem necessary, and the pay and allowances and other conditions of service of such officers and servants; and (b) the appointment and constitution of Committees of the Council, the procedure of such Committees, and the determination of the powers or duties of the Council which may be delegated to such Committees.

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Indian Bar Councils Act, 1926 Section 5A

Title: Ad Hoc Bar Council for Gujarat High Court

State: Central

Year: 1926

Notwithstanding anything contained in this Act, the Chief Justice of the High Court of Gujarat shall nominate the members of the first Bar Council under this Act for the High Court of Gujarat and the members so nominated shall remain in office for a period of twelve months.

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