Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 amended.

Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 amended. The amended rules seek to ensure no fake people and non-practicing Advocates take part in the elections of State Bar Council

BAR COUNCIL OF INDIA
NOTIFICATION

New Delhi, the 23rd June, 2023

New Rule 32 of Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015: –

F. No. BCI:D:3430/2023.—The house in order to improve the Standard of Legal Profession further feels the need to repeal Rule 32 and insert new Rule 32 of Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, so that, the process of verification could be revamped and made truly effective. The Rules are being framed under Section 7(1) (b)(d)(g)(e) read with Section 49(1)(a),(ah),(i) of the Advocates Act, 1961, for weeding out the fake people and the non-practicing Advocates from taking part in the elections of State Bar Council.

The relevant amended Rules shall be as follows: –

Rule 32. In case the term of elected members of any state Bar Council is likely to expire/expires due to delay in the process of identification of non-practicing advocates or verification of their certificates or delay in the preparation in the electoral roll for the election to the state Bar Councils due to the aforementioned reasons, the Bar Council of India may allow the elected members/and the office-bearers of the State Bar Council(s) to continue to function beyond their extended tenure under Section 8 of the Advocates’ Act, 1961 in order to complete the process of verification and in order to ensure that no non-practicing Advocate becomes a voter or a member of any state Bar Council. The State Bar Council(s) shall be required to complete the process of verification within a period of 18 months from the date of extension of their tenure by the Bar Council of India and shall complete the process of election within a period of 6 months therefrom.

In case, of failure to complete the process of verification and the election within the said extended period as prescribed under this Rule, the Bar Council of India may dissolve the State Bar Council and shall proceed to constitute the Special Committee as provided under Section 8A of the Advocates Act, 1961.

The earlier Rule 32 is hereby repealed.

Miscellaneous

Removal of difficulties
In case of any doubt or dispute as to the meaning, interpretation, execution of these Rules arises, the Bar Council of India shall be the final authority to settle such issues and its decision thereon shall be final.

SRIMANTO SEN, Secy.
[ADVT.-III/4/Exty./224/2023-24

• AO can’t take two different stands on immunity u/s 270AA(2) for a same transaction
• ITAT held 2000 gram jewellery reasonable in view of customary practices & CBDT Instruction
• Documents obtained post search & information obtained from public domain not incriminating material
• No second reopening for unexplained credits in bank due to bank’s name change
• FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms