BCUNA RulesUttarakhand2014
Bar Council of Uttarakhand Nainital Amendment Rules, 2014
इस अधिनियम की हमारी प्रति में कुछ अध्याय अधूरे हैं — स्रोत से कुछ धाराएँ नहीं आईं। जो धारा यहाँ न मिले, उसके लिए सरकारी पाठ (इंडिया कोड या राज्य का राजपत्र) देखें।
- धाराएँ
- 38
- अध्याय
- 2
विषय-सूची
IRules For Election of Chairman and Vice-Chairman Rules Framed Under Sections 15(2)(C)§ 1–2020 धाराएँ
- 1'Election' in these rules shall mean the election of the Chairman and the Vice-Chairman
- 2The election shall be held by the Secretary, by secret ballot, by single transferable vote in accordance with the rules laid down in Chapter II of the Advocate Act, 1961 relating to the election of Chairman or Vice-Chairman, who shall also act as Returning Officer under these rules
- 3The Bar Council shall after its being constituted in its first meeting or as soon as possible thereafter every one year elect a Chairman and a Vice-Chairman from amongst its members:
- 4The election tribunal shall be constituted by the Bar Council on the date on which the schedule of election fixed according to notification under these rule
- 5The Returning Officer shall prepare a minute book before the starting of election process for whole election of Chairman and Vice-Chairman
- 6The nomination of a member for election as Chairman or Vice-Chairman shall be made by a member of the Bar Council and the nomination in sealed cover shall reach the Returning Officer on or before the last date fixed for nomination at the latest by 5 p.m
- 7No nomination paper received through post or otherwise after the prescribed date and time shall be considered
- 8All the sealed covers shall be opened and scrutinized by the Returning Officer on the next day of the last date of filing of nomination at 11:30 a.m. in the Bar Council Office and list of the candidates whose nomination will be found valid shall be placed on the Notice Board immediately after the scrutiny
- 9The candidate or their authorised Agents shall be entitled to the present at the time of scrutiny and raise objections, if any
- 10The Returning Officer shall decide objections, if any, and his decision shall be final
- 11Any candidate may withdraw the candidature according to election schedule by a communication in writing to the Returning Officer in person
- 12In case there is only one candidate and his nomination is found to be valid, or the nomination of one candidate only is found to be valid the Returning Officer shall then and there declare the candidate to be duly elected for the post
- 13In case of more than one person being duly nominated for one and the same office, the Returning Officer shall prepare the voting papers according to rules for the election of the Chairman or the Vice-Chairman, as the case may be, and have the votes cast on the date of meeting and during time fixed therefore in the ballot box kept for the purpose
- 14Method of voting. - (i) A voter in giving his vote, shall place on his voting paper the Figure '1' in the space opposite the name of the candidate whom he chooses for his first preference, and may in addition place on his voting paper the Figures '2' '3' and '4' and so on, in the opposite the names of the other candidates in the order of his preference likewise in Hindi, English or Roman
- 15Voting papers when invalid. - A voting paper shall be invalid on which
- 16After the expiry of the time allotted for voting, the Returning Officer shall open the ballot box and count the votes in accordance with the rules in Chapter II of Advocate Act for the Election of Chairman and Vice-Chairman and shall declare the result if the Returning Officer declare any Ballot invalid then he shall give the reason of the invalidity of the said ballot in the minute book:
- 17The names of the candidates duly elected as Chairman and Vice-Chairman shall be published in the Uttarakhand Gazette and sent to the High Court, various Bar Councils, Presidents of the Bar Associations in the State, Judicial Secretaries to the Government of India and the Uttarakhand Government and the Secretary of the Bar Council of India and to the Government Press
- 18The Election of a Chairman or a Vice-Chairman may be questioned by a member through a Letter addressed to the Secretary/Returning Officer within three days of the declaration of the result of the election on such grounds on which the election of a member can be questioned
- 19If any objection/question raises in the said election then the Returning Officer shall refer the same to the Election Tribunal constituted under Rule 4 framed under Section 15(2)(C) of the Advocates Act and the decision of the Tribunal shall be final
- 20In case the election is declared invalid by the Tribunal a fresh election shall be held in the manner indicated above
IVRules for the Committees of Bar Council§ 23–4018 धाराएँ
- 23Resolutions of the Bar Council not to be rescinded or changed within six months of the date of their Adoption. - A resolution of the Bar Council passed and confirmed shall not be changed or rescinded within six months of the date of its having been passed except on a written motion by such number of members of the Council as constitute not less than one half of the total number of members of the Council and passed by majority of more than two-third of the total number of members of the Council present and voting
- 24Resolutions by the Members of the Council how to be Moved. - No member shall be entitled to bring forward for the consideration of the meeting of the Bar Council or any of its committee, any resolution of which he has not given seven clear days notice to the Secretary unless the Chairman taking into account the urgency of the matter allows the consideration of the motion in the meeting
- 25Decisions in the meetings of the Bar Council or its Committees to be by Majority of Votes. - The decisions of all matters shall be by a majority of votes and in the case of a tie the Chairman shall have a casting vote. This rule shall however be subject to other rules relating to the election of members of the Committee etc
- 26Prohibition against Publication of the decision of the Bar Council and its Committees. - No member shall give publicity to the decisions of the Bar Council or any of its committees. However, the Chairman of the Bar Council or the Committee concerned may authorize the Secretary to give publicity to any of its decisions
- 27Cessation of membership of a member from the Bar Council or from a Committee. - A member of Bar Council shall cease from his Membership if he fails to attend three consecutive meetings of the House of which he is a member unless his absence is condoned by the Bar Council
- 28The Executive Committee. - The executive committee will be the chief executive or administrative body of the council and would control all the administrative functions
- 29Disciplinary Committee. - There shall be disciplinary committees five in numbers each of which shall consist of three persons, of whom two shall be persons elected by the Council from amongst its members and the other one shall be person co-opted by the council from amongst advocates who possesses the qualification, specified in the proviso to sub-section (2) of Section 3 of the Advocates Act, 1961. The senior most member of the disciplinary committees so elected, shall chair the meeting of the disciplinary committee
- 30Enrollment Committee. - There shall be an enrollment committee consisting of three members, duly elected by the council from amongst its members. The committee meet as and when the general meeting of the council is held, However if the general meeting of the council is held beyond one month, the chairman of the enrollment committee may call even earlier the meeting of enrollment committee
- 31Roll Committee. - There shall also be a committee called the roll committee and shall consists of the three members duly elected by the council from amongst its members at the annual general meeting. The committee shall be responsible to maintain the proper record of advocates on the roll of the council. The secretary of the council shall report to the roll committee of the final position of the members of the roll the council in every three months in writing which shall be first scrutinized by the roll committee and then placed in the next meeting of the council. The roll committee may also make some necessary changes in the particulars of the advocates on its roll on the application of the concerned advocate
- 32Rules Committee. - There shall be a rules committee of the council which shall consist of 5 members of the council duly elected at its general annual meeting. The rules committee shall meet occasionally
- 33Lawyers Welfare Committee. - There shall also be a committee known as Lawyer's Welfare Committee which shall consists of 3 members elected by the council from amongst its members. The committee shall meet occasionally as and when found necessary but at least once a year and suggest various schemes and modes to be adopted by the council for the welfare of lawyer's and their families in the State of Uttarakhand
- 34Trust Committee. - There shall be a trust committee consisting of two members, duly elected by the council from amongst its members. The Chairman of the trust committee shall be Advocate General of Uttarakhand Government and the secretary of the trust committee shall be the law secretary of Uttarakhand Government. The Chairman of the council shall be ex-officio member of the trust committee. The committee shall meet occasionally as and when found necessary
- 35Rule 40 Committee. - There shall be a Rule 40 committee consisting of two members, duly elected by the council amongst the members. The chairman of the committee shall be member of Bar Council of India from the state council. The meeting of Rule 40 committee may be called by the chairman at least once in three months
- 36The Council may constitute any other Committee Temporarily. - All the committee except tho executive and finance committee shall be headed by the senior most member of the members duly elected from amongst the members of the council. All the decisions shall be taken by simple majority in the meeting of various committee, in the event of even numbers. The member in the chair uses his casting vote
- 37Procedure how to deal with Complaints under Section 35 (sic of) Advocates Act. - The following procedure shall be adopted for deciding the complaints received for misconduct under Section 35 of the Advocate Act
- 38Procedure to obtain Duplicate Enrollment Certificate. - If any advocates of the Council looses his, original Enrollment Certificate and he wants a duplicate copy of Enrollment Certificate from the Council, he will have to submit the following documents with an application:
- 39Procedure to obtain Duplicate Identity Card. - If any advocate of the Council looses his original Identity Card and he wants a duplicate copy of Identity Card from the Council, he will have to submit the following documents with an application
- 40Affiliation of Bar Associations. - It is mandatory for each and every Bar Association functioning in Uttarakhand get itself affiliated with the State Bar Council of Uttarakhand. Every Bar Association to be affiliated must have at least 25 members on its roll. The Council may however relax the limitation of minimum members