Rules & Regulation
RULES AND REGULATIONS
A. Name of the Council
All India Practising Lawyers Council / All India Lawyers Council (AILC)
B. Membership defined :
A practising advocate enrolled with any State Bar Council in India may, by application or nomination become member of All India Practising Lawyers Council (AILC) hereinafter referred to as ‘the Council’ or ‘the AILC’.
C. Admission and qualification for membership :
Any application of new membership may be recommended by a member supplying, copy of enrolment certificate of State Bar Council with full details of his/her practice and place in an approved format. The membership shall be operative only after the acceptance by the state unit and be final only after the confirmation by the Central Secretariat.
D. Subscription of the membership
Rupees100 for registration. Membership fee will be Rs.500 per year or as decided will be collected annually.
E. Appeal and re-admission of Membership
If any application for membership is rejected by the state unit or any re-admission of membership is sought, it would be duly considered by the Central secretariat or its Committee. The Central Secretariat have further right by a two-third majority to refuse membership to any person or to remove any person from membership. Against the decision of the state unit, if a person is not satisfied, an appeal against decision of the Secretariat may be preferred to the Central committee.
F. Right and privileges of membership :
The Council shall bear the expenses incurred in discharge of functions specifically assigned to any member in accordance with the approved parameters of the Council in this regard. Any function carried out by any member shall have to take a pre-financial approval from the authority empowered for this purpose
General body defined:
All the members of the Council shall constitute a general body which in accordance to convenience, may be represented by electing delegates from various state units under an established procedure by the Central Committee to provide fair and democratic representation to all the state units proportionate to the number of members of the state.
A. MEETING
Every meeting of the council shall start with the Pledge of the Council. The meetings of the general body shall be held after every three years with a quorum of 100 members of the Council. No quorum shall be required in the adjourned meeting. An emergent meeting of the general body may also be summoned on the written request of 1/3 members of the Central Committee. However, the meeting of Central Council shall require no condition of quorum in the adjourned meeting. In every three years, there shall be election of the Central Committee in meeting of Central Council. The following business shall be transacted in these meetings:-
i) To present a report of the previous functions of the Council.
ii) To prepare an annual program and policies.
iii) To pass annual budgets of the Council.
iv) To discuss and to decide all such other matters and issues that
are directly or indirectly related to the affairs of the All India Practising Lawyers Council.
v) To appoint an auditor who will annually inspect the accounts of the Council.
B. FUNCTIONS
(i) The Central Council is constituted by the existing Central Committee members and State Committee members of all the states.
(ii) The Central Council will meet at least once in three years. If demanded by two-third of the members Central Council, a meeting may be convened within one month of such a notice.
(iii) The Central Council will review the functioning of the organization on the basis of the working report placed before it by the Central Committee.
(iv) The Central Council will elect the Central Committee for the period of three years.
(v) A quota from every state shall be fixed by the Central Committee to send delegates to the meeting of the Central Council. Through a separate scheme to elect the delegate/members to Central Council
(vi) The Secretariat at the respective level shall be a steering committee of the Council at that level being accountable respectively to the Central, State or District Committee as the case may be, led by the General Secretary.
3. CENTRAL COMMITTEE
There shall be a governing body (Central committee) of the Council to look after and to manage the day - day affairs of the Council. It shall consist of minimum 11 and maximum 55 members including the office bearers. The quorum for the meeting of the Central Committee will be one third. There shall be no condition of quorum in case of the adjoined meeting of the Central Committee. An emergent meeting of the governing body (Central committee) may also be summoned on the written request of 1/5 members. The following business shall be transacted in these meetings:-
a) To take necessary steps for the implementation of all the programs and policies drawn by the general body.
b) To pass the necessary expenditure to meet the day to day requirement of the Council.
c) To take all such steps for smooth management of the Council and the betterment of the Council in furtherance of Aims and Objects.
d) To approve the required amendment to the Memorandum of the Council proposed by the Central Secretariat.
e) The state President /the General Secretary may, having no voting right be called to the meeting of the Central Committee by the Secretary General.
f) The purposes below may be brought to the Central Committee by the Secretary General for the due implementation.
g) To confirm the appointment of the auditors, office secretary and such other staff members of Council and to fix their salaries, allowances, gratuities and other privileges within the sanctioned budget and to define their powers and duties and to suspend and dismiss or dispense of with their services in accordance with Rules and Regulations of the Council.
i) To consider and approve the amendments to the Rules and Regulations of the Council as when deemed necessary.
ii) To invest and deal with any funds of the Council not immediately required in such manner, as it deems fit.
iii) To open and operate Bank Account in the name of President or Secretary General, Treasurer or separately.
iv) To appoint Authorised Signatories for the operation of the Bank account of the Council.
v) To do all such business aimed at increasing the image and popularity of the Council and to further the cause of the Council.
vi) To appoint sub committees for smooth running of the affairs of the Council recommended by the Central Secretariat.
vii) The nomination of a patron the Council recommended by the Secretary General.
viii) To frame Bye - laws, make addition and deletion into the Rules and Regulation of the Council.
ix) To make nominations as required in the central as well as state committee of the council.
g) Central Committee shall take decisions by majority of members present and voting. In case of equality of votes, the President /the Chair shall have right of a casting vote.
The following is the present structure of the governing body / Central Committee:
1. President, 2. Vice President, 3. Vice President, 4. Vice President, 5. Vice President, 6. Vice President, 7. Secretary General, 8. Secretary, 9. Secretary, 10. Secretary, 11. Secretary, 12. Secretary, 13. Secretary, 14. Treasurer, 15 to 55 Members.
4. STRUCTURE OF THE COUNCIL:
The Council will have various committees as detailed below:
A) CENTRAL COMMITTEE
(i) Central Committee is the national level committee to govern the functioning of the organization. The Central Committee is the ultimate decision making body of the Council. It has powers to vote out any decision of the lower bodies of the Council.
(ii) The Central Committee is elected by the Central Council for a Period of three years. State President shall be ex-officio member and the state General Secretary, special invitee in the Central Committee, if not elected members. The ex-officio members as well as special invitees shall have no voting rights.
(iii) The Central Committee is constituted by minimum 11 and not more than 55 members.
(iv) In addition, the Central Committee may nominate members to the committee provided, the total number of nominated members does not exceed one third of existing elected members.
(v) The Central committee shall elect members of Central Secretariat among its members.
(vi) Central committee will elect the Central office bearers from its members.
(vii) Central Committee shall be convened at least once in every six months. If demanded by two third members, it shall be convened within a month of such a notice. In emergency, the meeting may be called by Secretary General on ten days after the notice.
(viii) The following shall be main functions of Central Committee:
a. To discuss and decide on the policy of the Council.
b. To formulate programs of the Council.
c. To supervise the administration and financial matters of the Council.
d. To elect Central Secretariat and office bearers.
e. To call for reports of performance from the state committees.
(ix) Central Committee shall nominate any person of eminence as patron for the purpose of the Council on the proposal of the Secretary General.
(x) The Central Committee may delegate any power on its behalf to the Central Secretariat of the Council.
B) CENTRAL SECRETARIAT:
The central secretariat is steering committee to function at behest of the central committee.
(i) The Central Secretariat is constituted by minimum 5 and not more than 13 members including President and General Secretary to be elected by the Central Committee from among its members for the running of the routine affairs of the organization. The Central Secretariat has to meet at least once in three months or as called by the Secretary General or on requisite of three members by the President.
(ii) The Central Secretariat shall perform all the functions on behalf of the Central Committee subject to post approval of the Central Committee of the council.
(iii) The Central Secretariat may invite or involve patron/patrons to programs or task carried out by the Council as the special invitees. In addition, the Central Secretariat may nominate members to the Central Secretariat provided the total number of nominated members does not exceed one third of existing elected members apart from the special invitees, time to time to be invited by the central secretariat at the discretion of the Secretary General.
(iv) The Central Secretariat may from a Sub Committee for its help among members as outsource any matter to expect for the any opinion.
C) PATRONS:
(i) Patrons may be nominated permanently by the Central Committee of the Council exploring and seeking the overall promotion from the respected persons acknowledging the honour and recognition in their respective fields on the recommendation of the Secretary General of the Council.
(ii) The Patrons shall be selected among the former judges, retired police officers or bureaucrats, renowned intellectuals, social activists and political leaders. The patrons may be invited to guide the Council to carry on activities and to advise on the current and important issues. The meeting of Patrons may be convened as resolved at the time and place as decided by the Central Secretariat. Any principle of quorum to the attendance shall not be applicable to the meeting of the Patrons. The advice of the Patrons shall be put before the Central committee for the final approval and actions. A Patron or Panel of Patrons may be selected by a Central committee to conduct or supervise and complete the process of elections of the Council. Patrons may be requested to be part of a delegation or commission, constituted by the Council for a specific purpose or any task or responsibility for on behalf of the Council. The Patrons may be invited by the Secretary General to any meeting of the Council as special invitees.
D) STATE COMMITTEE:
(i) Members of the Council of every state shall constitute a state committee elected by State council.
(ii) The State Committee is constituted by minimum 11 and not more than 21 members elected by the State Council for a period of three years.
(iii) The State Committee will elect State office Bearers.
(iv) The District President shall be ex-officio members in the state committee if they are not elected members.
(v) In additions to elected the state committee may have nominated members not exceeding one third of the existing elected members.
(vii) The State Committee will plan the activities for state level activities subject to approval by the central committee, if funds are required.
(viii) State Committee meetings shall be convened once in four months. If demanded by two third members or directed by the Central Committee it shall be convened within 10 days of such a notice.
(ix) The State in charge shall function as representative of the central committee as a special invitee to the state committee.
E) STATE SECRETARIAT:
(i) The State Secretariat is constituted by minimum 5 and not more than 7 members including President and General Secretary elected by the State Working Committee from among its members.
(ii) The State Secretariat is the sub-committee of the State Committee appointed for the running of the routine affairs of the organization. The State Secretariat has to meet at least once in two months.
(iii) In addition, the State Secretariat may recommend the names for the nominated members to the State committee provided the total number of nominated members does not exceed one third of the existing elected members either of State committees. Such nominated members have full powers as elected members.
F) STATE COUNCIL:
State Council shall comprise all the members procuring membership of the Council and are practising lawyers in the state.
(i) State Council may recommend a name to the Central Committee for nomination as patron of the Council from the respective state.
(ii) State Council is constituted by the State Committee members and the District Committee members from the respective states.
(iii) State Council will meet at least once in three years. If demanded by two third of the members. State Council meeting shall be convened within one month of such notice. The Central Committee may direct to hold a meeting of state committee, if required.
(iv) State Council will review the functioning of the organization in the state on the basis of the working report placed before it by the State Committee.
(v) State Council will elect the State Committee.
G) DISTRCT COMMITTEE:
(i) The District Committee is constituted by minimum 7 and not more than 15 members elected by the District Council for a period of three years.
(ii) The District Committee will elect the District Office Bearers.
(iii) The Branch Committee President shall be ex-officio members in the District Committee, if not elected members. The ex-officio members shall have no voting rights.
(iv) In addition, the District Committee shall nominate members to the committee provided the total number of nominated members does not exceed one third of the existing elected members.
(v) The District Committee will plan and program for district level activities.
(vi) District Committee meeting shall be convened once in two months. If demanded by two third members, it shall be convened within 30 days of such a notice.
(vii) Any committee elected below the district shall work under guidance the district committee.
H) DISTRICT COUNCIL:
(i) District Council is constituted by the district committee members in the District and the central committee as well as state committee members belonging to the respective district.
(ii) The District Council will meet at least once in a year. If demanded by two third of the members District Council meeting shall be convened within one month of such notice.
(iii) District Council will review the functioning of the organization in the district on the basis of the working report placed before it by the District Committee.
(iv) The District Council will annually elect the District Committee for every year.
I) BRANCH COMMITTEE:
Every city or town having a civil, criminal or revenue court or tribunal may have a Branch of the council under the territorial jurisdiction of the respective District Court. The Branch Committee may have a President, Vice President, Joint Secretary and Treasurer for only an year with members of an Branch Committee. The annual election of Branch Committee shall be conducted by the General Secretary of the District Committee.
J) OFFICE BEARERS:
Every Committee except Central Committee shall have elected office bearers as follow.
1. President one
2. Vice President (not more than 2)
3. Secretary General one
4. Secretaries (not more than 3)
5. Treasurer one
1. President –
a. The president shall preside over all the meetings of the committees and the programs of the council.
b. The president at all levels in the structural hierarchy shall supervise the activities of the Council.
c. He shall have the responsibility for the growth and development of the organization under the jurisdiction.
d. He shall along with Secretary General be representative of the Council.
2. Vice President
a. The Vice President at all levels in the structural hierarchy shall assist the President and undertake the responsibilities delegated to them by the President or the committee, he is vice President.
b. In case of absence of the President from the routine functions, the President can appoint a Vice President as in-charge as one of the Vice President shall be assigned the functions of the President in his absence.
3. GENERAL SECRETARY
a. The General Secretary at all levels shall look after the general administration of the Council.
b. The General Secretary shall maintain the records and accounts of the Council and may be assisted by one of the secretaries specially assigned for the purpose.
c. The General Secretary shall be responsible for public relation on behalf of the Council with individuals as well as with other individuals and organizations.
d. The General Secretary at the Central level shall have nomenclature of the Secretary General.
e. The General Secretary shall communicate as central representative of the Council.
f. The General Secretary may delegate powers to any other Secretary for the time being at his discretion.
4. SECRETARIES:
a. The Secretaries shall assist the General Secretary.
b. In case there is no provision for General Secretary at a particular level, the Secretary shall assume the powers and duties of the General Secretary.
c. In case there is more than one Secretary, the concerned Working Committee can decide about the work distribution among them. The Central committee may assign specific work to any state secretary.
5. TREASURER:
a. The treasurer shall be responsible for mobilizing and keeping the record of the funds.
6. QUORUM FOR THE MEETINGS:
The quorum of meetings of all Committees except Central meeting shall be 50% of the total members of the Committee. In case a meeting of the Committee is not held due to the lack of quorum, there will be no need of quorum for the adjourned meeting of the respective Committee.
7. FINANCIAL YEAR:
The financial year of the Council shall be from 1st April to 31st March every year. However, the first financial year shall be from the date of registration till 31st March 2021
8. SOURCE OF INCOME
The source of income of the organization will be the following:
1. Subscription from Members of the organization.
2. Donations from members well-wishers.
3. Properties of the Council/ All the funds collected at any level other than Central Committee has to be remitted to the State Committee. Each State Committee has to remit a prescribed percentage of their annual income to the Central Committee. The organization accounts at all levels below State committee shall be audited every year by the auditors appointed by the concerned State Committees. The accounts of State and Central Committees shall be audited by the auditors appointed by the Central Committee.
9. REGISTER OF MEMBERS
The Council shall have an office to keep registers of members setting forth names, addresses, place of practice and domicile pertaining to each member of the Council, the changes of membership taking place from time to time shall also be recorded.
10. BANK ACCOUNT
a). The funds of the Council shall be kept in a Scheduled Bank. The bank accounts shall be operated the President, Treasurer and General Secretary individually and independently or as decided by governing body.
b). The State Committee, at demanded, may open separate account into the scheduled Bank after approval by Central Committee. The audited annual report of such an account of the State Committees will timely be submitted before the Secretary General of the Council for the finally annual audit the State President and General Secretary be liable and accountable for the transaction made in State Accounts of the Council .
11. ELECTION
a) The governing body of the Central Council shall be elected for a term of three years in the general body meeting. The State Council for three years and District Council for one year.
b) The secret ballot system shall be the mode of election.
c) The elected members of the Council shall be eligible for re-election.
d) Where the Council fails to conduct election of the members of Central Committee, the Central Register shall hold the election within a period of ninety days from the date when such election became due.
e) No person shall be eligible to be elected in any committee except patron unless he is a member of the general body of the Council by the election or nomination.
f) An elected members of a Council, who has acted adversely to the interests of Council may on the basis of a report of the respective committee or otherwise be removed by resolution of the Central Secretariat passed at meeting by a majority of not less than two-third of the members present or voting at the meeting, provided that the member concerned shall not be removed unless he/she has been given a reasonable opportunity of making a representation in the matter and approved by the Central Committee.
12. DISCIPLINE
The leaders and members of the organization shall uphold the ethical values and refrain from all kinds of vices.
(l) In case a member is charged with serious violation of discipline, the National President and the State Presidents may take appropriate disciplinary action including suspension based on credible report and such forwarded to Central committee for confirmation.
(II) A member can be suspended by the President below the level of State on the basis of the report from the subordinate committee subject to endorsement by the respective committee in the next meeting for a period not more than one month and before the expiry of this period the matter has to be decided by the State President.
(III) In case of members of State Committee or Central Committee, the matter has to be decided by the Central Secretariat and finally by the Central Committee.
(iv) A disciplinary committee of the Council may be formed by the central secretary including the members of the Central Committee and Patrons selected by the Central Secretariat. The Central Committee shall be the final authority to approve /disapprove the decision of the disciplinary committee.
(v) The findings of the disciplinary Committee shall be brought to the Central Secretariat in every matter. The Central Committee shall have final authority on behalf of the Council to approve, disapprove or moodily the recommendations of the disciplinary Committee.
13. RESIGNATION
(I) The resignation of a member who is not an office bearer has to be submitted to the Branch President and the final decision has to be taken by the District President.
(II) In case of a Committee member above the level of Branch and below the level of State, resignation as a Committee Member or office bearer has to be submitted to the President of the respective Committee. The matter has to be finally decided by the District Committee. If the member under the question is a member of State Working Committee or Central Committee, the resignation has to be submitted to the respective President and the matter has to be finally decided by the respective Committee and be final after the approval or disapproval by the Central Committee.
14. APPEAL
There shall be the right of appeal to the next higher level in all disciplinary actions. An appeal against any disciplinary action shall be submitted to the next higher authority within 30 days of the communication of the decision.
15. SBC ELECTION
No member or office bearer of the AILC shall be authorised candidate for the election of the State Bar Council till his candidature is considered by the respective state committee and confirmed by the Central Committee. The Central Committee may also propose a name of the member to be Candidate for the election of any State Bar Council or Bar Council of India.
16. Rules
The provisions under the heading of Rules and Regulations are approved by the Central Council of All India Practising Lawyers Council (AILC) or All India Lawyers Council and duly made part of the official record of the Council.