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BAR COUNCIL OF INDIA TRAINING RULES, 1995

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R.1 .

These rules may be called 'Bar Council of India' Training Rules, 1995 for enrolment as an advocate on the roll of a State Bar Council which shall come into effect on 2-4-1996.


R.2 .

No, person shall be entitled to be enrolled as an advocate unless he is eligible to be enrolled as such under section. 24 of the Advocates Act, 1961 and has undergone training as prescribed under these Rules. However while undergoing training the trainee shall be enrolled provisionally as Trainee Advocates after approval of name of their guides by the State Bar Council and State Bar Council shall issue identity card to said provisionally enrolled. Trainee Advocate for their identification.


R.3 .

       (1) A duly qualified candidate to be enrolled as an Advocate shall have to file application for enrolment as prescribed under Section 25 of the Advocates Act, 1961 after payment of prescribed fee for enrolment and the said candidate shall have to deposit Bank draft of Rs. 150/- (Rupees one hundred and fifty only) in favour of State Bar Council and Rs. 50/- (Rupees fifty only) in favour of Bar Council of India in addition to enrolment fee, for imparting training in prescribed form with all relevant documents as has been prescribed under the Advocates Act and the Rules made thereunder.
       The following particulars in capital letters shall be supplied by the candidates applying for training in addition to information required for enrolment:
       (a) Name
       (b) Father's Name
     

R.4 .

The period of training shall commence from the date of certificate of the guide that a candidate has started training with him but such date shall be subject to the approval of the name of the guide by the State Bar Council and thereafter trainees shall be enrolled provisionally as Trainee Advocates.


R.5 .

       An Advocate having 15 years of practice at Bar or designated Senior Advocate, who is in continuous active practice in a Court established by law shall be eligible to impart training and be called `guide and name of guide shall be approved by the State Bar Council. The guide shall have to give his written consent before he would be approved as a guide:
       Provided in case of non-availability of Advocates of 15 years practice at the Bar the concerned State Bar Council may relax this requirement and allow Advocates having 10 years practice to become guide under intimation to the Bar Council of India.


R.6 .

No guide shall have, at a given time, more than 3 trainees working under him, except with the previous permission in writing of the State Bar Council.


R.7 .

Every candidate shall be bound to receive training for the period of one year under the same guide except where the guide has died before the expiry of the period of one year or has ceased to practise or for any other reasonable ground which the State Bar Council may deem fit and proper and in such case the candidate shall receive training for the remaining period with another guide whose name may be approved by the State Bar Council fresh on a written intimation to the aforesaid effect by the candidate.


R.8 .

During the said period of training the candidate shall regularly attend the chamber or office of the guide, study case papers, correspondence, draft pleading, attend courts and in particular study cases with a view to get acquainted with the practice in courts and minimum attendance for 225 days in all in Courts and Chambers in a year shall be a condition precedent for the successful completion of training.


R.9 .

       (a) Every candidate shall maintain two diaries in the form approved by State Bar Council, One for work done in chambers and the other for work in Courts. The chamber diary shall contain day-to-day record of the work done by candidate in guide's chambers giving briefly the facts of the cases, studies of plaints, written statements, affidavits, grounds of appeal or revision etc., read and other matters looked into. The Court diary shall contain the date, the number of the cases attended, the arguments, the case law cited and the result.
       The candidate shall write out on the first page of each of his diaries, his name, serial number, the name of the guide, the place of training and the date of commencement of the training. The candidate shall also note separately in the second page of chambers diary the date of absence from chambers or court, the dates despatch of the statements referr

R.10 .

No candidate shall engage himself in any employment, profession, business, trade or calling during the course of training in any manner.


R.11 .

A guide from whom the candidate would receive training shall intimate to the Bar Council in writing the non-attendance of a candidate in training.


R.12 .

The Secretary of the State Bar Council shall maintain a separate register in which he shall enter the names of the candidates undergoining training in law with his address and the name and address of the guide concerned, the date of the intimation and approval and the date of the actual commencement of receiving training.


R.13 .

The State Bar Council may provide for lectures to be delivered by its members, legal luminaries, jurists on professional ethics and other topics at suitable places in State, the attendance of trainees in such lectures be deemed to be a part of the training and shall be compulsory except on special cause to be shown.


R.14 .

These Training Rules would applicable to the persons applying for enrolment as Advocates who had worked for a minimum period of one year as Judicial Officer/Prosecutors/Vakils/Pleaders/Mukhtars.


R.15 .

A Trainee on successful completion of training period shall be entitled to seniority from the date of provisional enrolment as Trainee under the Rules.


R.15(A) .

A trainee shall be enrolled provisionally as Trainee Advocate after approval of name of his guide by State Bar Council and the successful completion of training period he shall be enrolled as Advocate as defined under section 2(a) of the Advocates Act, 1961 and shall be entitled to seniority as Advocate from the date of Provisional enrolment but if in any case period of training of particular candidate is extended by State Bar Council under rule 9 of this rule on the ground of inadequate training, said extended period shall not be counted towards seniority.


R.15(B) .

The Trainee Advocates after their provisional enrolment shall be entitled to appear in court for seeking adjournments and to make mentioning on instruction of their guide and shall be under disciplinary control of State Bar Council and Bar Council of India under Advocates Act, 1961 and rules made thereunder.


R.15(c) .

The benefit of seniority under new rule given to Trainee Advocates shall be granted to those trainees also who have either completed their training and have been enrolled as advocates or are undergoing training under this rule with effect from the date of approval of name of their guides under rule 4 of the rules treating them enrolled provisionally as Trainee Advocates


R.16 .

       That any decision of a State Bar Council under these rules shall be subject to appeal before the Bar Council of India.
       DRESS TO BE WORN BY TRAINEE ADVOCATES
       (a) Male trainees shall wear the dress of a male advocate except for band and gown and shall wear plain maroon coloured tie badge indicating that he is a trainee. A sample of the badge will be provided by the Bar Council of India.
       (b) Female trainee shall wear dress of a female advocate except for band and gown and shall wear a badge indicating that she is a trainee. A sample of the badge will be provided by the Bar Council of India.


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