15. Power to make rules
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for
l(a) the election of members of the Bar Council by secret ballot including the conditions subject to
which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral
rolls and the manner in which the results of election shall be published;
(b) [Omitted by Act 60 of 1973J;
2[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar
Council];
(d) the manner in which and the authority by which doubts and disputes as to
the validity of an election to the Bar Council3[ or to the office of the Chairman
or Vice-Chairman] shall be finally decided.
(e) [Omitted by Act 23 of 1966J;
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar
Council;
3[(ga) the constitution of one or more funds by a Bar Council for the purpose of
giving financial assistance or giving legal aid or advice referred to in
sub-section (2) of section 6 and sub-section (2) of section 7;
(gb) organisation of legal aid and advice to the poor, constitution and functions
of committees and sub-committees for that purpose and description of
proceedings in connection with which legal aid or advice may be given];
(h) the summoning and holding of meetings of the Bar Council, 4[* * *]the
conduct of business thereat, and the number of members necessary to
constitute a quorum;
(i) the constitution and functions of any committee of the Bar Council and the
term of office of members of any such committee;
G) the summoning and holding of meetings, the conduct of business of any
such committee, and the number of members necessary to constitute a
quorum;
(k) the qualifications and the conditions of service of the secretary, the
accountant and other employees of the Bar Council;
(I) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.
(3) No rules made under this section by a State Bar Council shall have effect unless
they have been approved by the Bar Council of India.
COMMENTS
Sec. 15 can override the specific provision made in s. 3(4) and s. 49(1 )(a) and the State Bar
Council can frame rules for the preparation and revision of electoral rolls under s. 15(2)(a).-AIR 1980 SC 1612.
Question as to whether voting paper defaced and finality of decision of Advocate General or his nominee binding on
Returning Officer and not on Election Tribunal.-Ram Avtar Khandelwal v. Bar Council of Rajasthan, AIR 2004 Raj. 259.
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