sec 30 advocate act come in force from june 13 , Bombay and Gujarat bar council frame rules to restrict practice like e.g for judges of district level who retired or otherwise leave job , they registered as advocate after retired or otherwise leave job are restrict to practice on same level where from they retire now as per sec... 30 any registered advocate practice anywhere in India.
Section 30 says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.”
49A. 4[ Power of Central Government to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
1. Ins. by Act 60 of 1973, s. 38 (w. e. f. 31- 1- 1974 ). 2. Subs. by Act 21 of 1964, s. 20, for cl. (i). 3. Subs. by Act 60 of 1973, s. 38, for" Provided that" (w. e. f. 31- 1- 1974 ). 4. Ins. by Act 21 of 1964, s. 21.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar Councils and the manner in which the directions issued or orders made by the Bar Council of India may be enforced;
(c) the class or category of persons entitled to be enrolled as advocates under this Act;
(d) the category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub- section (1) of section 24;
(e) the manner in which seniority among advocates may be determined;
(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of India or for all or any of the Bar Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the Central Government under this section, then, the rule under this section, whether made before or after the rule made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the repugnancy, be void.
(5) 1[ Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
so as per sec 49 sub sec 4 ruls is void
the qusetion is that whether the sec 30 is prevails the bar council ruls as per my view so by this sec all bar council rules to restrict the practice of register lawyer are now null and void,because central act prevails the bar council rules
give me reply
