REGISTERED No. DL-33004/93 The Gazette of India EXTRAORDINARY
PART II—.Section 1 PUBLISHED BY AUTHORITY No. 121] NEW DELHI, MONDAY, DECEMBER 27,I993/PAUSA 6,1915 Separate paging is given to this Part in order that it may be filed as a separate compilation.
25 of 194ft, MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 27th December, 1993/Pausa 6, 1915 (Saka) The following Act of Parliament received the assent of the President on the 26th December, 1993, and is hereby published for general information.:— THE ADVOCATES (AMENDMENT) ACT, 1993 No. 70 OF 1993 [26th December, 1993.]
An Act further to amend the Advocates Act, 1961.
BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:—
1. This Act may be called the Advocates (Amendment) Act, 1993,
2. In section 6 of the Advocates Act, 1961 (hereinafter referred to as the principal Act),—
(i) in sub-section (1).—
(a) after clause (d), the following clause shall be inserted, namely:— "(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the wel fars schemes referred to in, clause, (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;;
Short title Amendment of section 5- 2 ~ - • • • • ' • } " ' T * I P G A Z E T T E O P - I N D I A E X T R A O R f o l N A R V / ; • # » A K » V l « t ;
Amendment of section
7.
Substitution of new sections for section
8.
Term of office of members of State Bar Council.
Constitution of Special Committee in sence Q£»I
(b) after clause (fif), th# following clause shall be inserted, namely:— " (gg) to visit and inspect Universities in accordance with the > directions given under clause (i) of sub-section, (1) at SfetlOn 7;";
(it) in sub-section (2), after clause (b), the following clause shall be inserted, namely>i- "(c) establishing 1-aw libraries.".
3. In. section 7 of the principal Act,—
(i) in sub-section (1), in clause (i), after the words "inspect Universities", the words "or cause the State Bar Councils to visit and!
inspect Universities in accordance with such directions as it may give in this behalf shall be added;
(ii) in sub-section (2), after clause (b), the following elasifle shall be inserted, namely:— "(c) establishing law libraries.".
4. For section 8 of the principal Act, the| following sections shall be substituted, namely:— ,*$! The tern> of-office of an elected i»en>ber of a Staje Bar Council (other than an elected member thereof referred to in section 54).shall be five^ye^rs from;the dat© of pttljBcatioBibf the'resaft of his election: ' '- " ' J - *. '/)
Provided that where a State Bar Council fails to provide for the election of its members before th« expiry] of the said term, %fr Bar Council ol India may, by order, for reasons to be recorded in wrttiag, extfcsa the said term for a period not exceeding six months.
8A. ~(!) Where a State Bar Council fails to provide for the ejection of its members before the expiry of the term of five years or the extended term, as the case may be,' referred to in section & the Bar Council of India shall, on andl from the date immediate^' following .th$ day of such expiry,, constitute a Special Committee consisting of—
(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of section 3 to be the Chairman:
t Provided that where there are more than one ex-ojficio mem- ' tei^,rtfce"seni«r'most among^'theni shaU Be'thtf Chairman; and (i*) two members *o be nominated by the Bar Council of India from amongjst advocates on the electoral roll of the State to dischas^rt|h© functio«|? of the g-j-ate B#r ^CpuncU' until the Bar Council is constituted under this Act.
'iffc. 1] ' ' THE GAZETTE OF INDIA EXTRAORDINARY 3
(2) On the constitution of the Special Committee and until the State Bar Council is constituted—
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shaU be the rights, liabilities and obligations of the Special Coiamittee;
(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (I), and where, for any reason the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.".
5. In section 10A o£ the principal Act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:— "(i) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to? be recorded in writing, determine.
(2) A State Bar Council' shall meet at its headquarters or at such other place as it may, for reasons to be: recorded in writing, determine,".
6. In section 24 of thei principal Act, in clause (f) of sub-section
(i) in the opening portion, for the words "two hundred and fifty rupees", the words "six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council" shall be substituted;
(ii) in the proviso, for the words "one hundred and twenty-five rupees", the words "one hundred rupees and to the Bar Council of India, twenty-five rupees" shall be substituted.
7. In section 24A of the principal Act, in sub-section (1),—
(i) after clause (b), the following clause shall be inserted, namely:— > *(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression "State" shall have tjie meaning assigned to it under article $ $f, *h^ Constitution: ';
Amendmeat of section
10A.
Amend, went of section
554.
Amendment of section MA.
A TOE GAZETTE OF INDIA EXTRAORDINARY D?*« XE~£ta&}] Omfeskmo* Amendment of section
(it) in the proviso, for the word "release", the words "released or dismissal or, as the case may.|?e, removaj" shall be substituted.
8, Section 46 of the principal Aft shjOl be amittett.
% In seeticHt 52 of tife ptfinaipar Aet, in c&use (ft), for -the word "act", tbe -words "act or ptatd" stoalU b» subsfitiited.
A. C. C. UNNI, Additional Secretary to the Govt- of India.
memo 9* im wamaMumapwafr ^ anw.rn^k^tB*jp SOMMXB^ &BUII Wtb F&BU8MEP BY THE CONTROLLER ofr «flrtUB*TlOHS. DEtHI, i 9 ? 3 ,