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Indian Bar Councils Act,1926

Act No : 38


Section : Power to make rules regarding constitution and procedure of BarCouncils.

1*6. Power to make rules regarding constitution and procedure of BarCouncils.- (1) Rules, consistent with this Act, may be made to providefor the following matters, namely:--(a) the manner in which elections of members of the Bar Council shallbe held; the method of determining, in accordance with the provisionsof sub-sections (2) and (3) of section 4, the candidates who shall bedeclared to have been elected; the manner in which the result ofelections shall be published; and the manner in which and theauthority by which doubts and disputes as to the validity of anelection shall be finally decided;(b) the terms of office of nominated and elected members of theCouncil;(c) the filling of casual vacancies in the Council;(d) the convening of meetings of the Council, and the quorum necessaryfor the transaction of business thereat;(e) the manner of election and the respective terms of office of theChairman, in cases where the Chairman is to be elected, and of theVice-Chairman; and(f) any matter incidental or ancillary to any of the foregoingmatters.(2) The first rules under this section shall be made by the HighCourt, but the Bar Council may thereafter, with the previous sanctionof the High Court, add to, amend or rescind any rules so made.(3) No election of a member or members to the Council shall be calledin question on the ground that due notice thereof has not been givento any person entitled to vote thereat, if notice of the date fixedfor the election has, not less than thirty days before that date, beenpublished in the Official Gazette of the State, or of each State, asthe case may be, in which the High Court exercises jurisdiction.(4) Rules made under clause (b) of sub-section (1) may provide for theretirement of members from office by rotation and for the manner inwhich the order of such retirement shall be determined.


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