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The Indian Bar Councils Act

6Power to make rules regarding constitution and procedure of Bar Councils

16. Power to make rules regarding constitution and procedure of Bar Councils.—(1) Rules, consistent with this Act, may be made to provide for the following matters, namely:—

(a) the manner in which elections of members of the Bar Council shall be held; the method of determining, in accordance with the provisions of sub-sections (2) and (3) of section 4, the candidates who shall be declared to have been elected; the manner in which the result of elections shall be published; and the manner in which and the authority by which doubts and disputes as to the validity of an election shall be finally decided;

(b) the terms of office of nominated and elected members of the Council;

(c) the filling of casual vacancies in the Council;

(d) the convening of meetings of the Council, and the quorum necessary for the transaction of business thereat;

(e) the manner of election and the respective terms of office of the Chairman, in cases where the Chairman is to be elected, and of the Vice-Chairman; and

(f) any matter incidental or ancillary to any of the foregoing matters.

(2) The first rules under this section shall be made by the High Court, but the Bar Council may thereafter, with the previous sanction of 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 called in question on the ground that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date fixed for the election has, not less than thirty days before that date, been published in the Official Gazette of the State, or of each State, as the case may be, in which the High Court exercises jurisdiction.

(4) Rules made under clause (b) of sub-section (1) may provide for the retirement of members from office by rotation and for the manner in which the order of such retirement shall be determined.

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1. The provisions of sections 3 to 7, sub-sections (1), (2) and (3) of section 9, section 15 and section 20, shall stand repealed in the territory for which the State Bar Council is constituted vide 25 of 1961, s. 50 (1).

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