11. Staff of Bar Council
(1) Every Bar Council shall appoint a secretary and may appoint an accountant
and such number of other persons on its staff as it may deem necessary.
(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.
12. Accounts and audit
(1) Every Bar Council shall cause to be maintained such books of accounts and
other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of
companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed.
2[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st
day of December of the year next following, a State Bar Council shall send a copy of its accounts together
with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same
to be published in the Official Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day
of December of the year next following, the Bar Council of India shall send a copy of its accounts together
with a copy of the report of the auditors thereon to
the Central Government and shall cause the same to be published in the Gazette of India.]
13. Vacancies in Bar Councils and committees thereof not to invalidate action taken
No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence
of any vacancy in, or any defect in the constitution of the Councilor committee, as the case may be.
COMMENTS
Order of disciplinary committee of State Bar Council holding advocate guilty of professional misconduct was
passed but two out of the three members present when the defence was closed and arguments were heard the owner
was held suffering from serious defects and could not be sustained and s. 13 was inapplicable as it could not
be said that there was any "vacancy" in the DisciplinaryCommittee.-AIR 1976 SC 1739
14. Election to Bar Councils not to be questioned on certain grounds
No election of a member to a Bar Council shall be called in question on the ground merely that due
notice thereof has not been given to any person entitled to vote thereat, if notice of the date has,
not less than thirty days before that date, been published in the Official Gazette.
COMMENTS
Election to the Bar Council does not become invalid merely because notice of the election not published in the
Official Gazette. The notice in the Official Gazette is, by s. 14, presumed to be constructive notice to all
persons entitled to vote. But if individual notice has in fact been duly given, s. 14 does not come into play
at all. This section does not make publication in the Official Gazette a mandatory requirement of the election
process.-(1973) 3 Sim W (HP) 260
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