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PART-I-
NAME & MEMBERSHIP
These rules may be called the “Delhi High Court Bar
Association Rules”
NAME OF THE ASSOCIATION
1. The name of the Association shall be “Delhi High Court Bar Association,
New Delhi ”.
MEMBERSHIP PERSON
ELIGIBLE FOR MEMBERSHIP
2. Every Advocate who is a member of the Association on the date of coming into force
these of Rules shall ipso facto be a member of the thereafter only such Advocate
be eligible for membership of the Association whose name is borne on the rolls of
the Bar Council of Delhi.
2(A)
An Advocate who is practicing in Delhi but whose name
is not on the Roll of Bar Council of Delhi, would be eligible to be the ‘Associate
Member’ of the Delhi
High Court Bar Association and would be entitled to all the facilities of the Association
except that the shall have no right to participate, requisition or vote at the Annual
General Meeting or any other General Meeting of the Association and also would not
be vote or contest for any office of the Bar Association. Provided however, the right of such Advocates
who are already enrolled as members of Delhi High Court Bar Association, prior to
the Resolution of the General Body dated 12.3.98, shall not be affected and would
continue to have a right to participate, requisition or vote at the Annual General
Meeting or any other General Meeting and also would be entitled to vote or contest
for any office of the Bar Association”.
2(B)
Every admission
form should be proposed and seconded in the following manner:
(i). The Proposer and the first Seconder
have to be members of the Delhi High Court Bar Association of not less than ten
years standing.
(ii).. The other ten Seconders must also be members of Delhi High Court Bar Association
with not less than five years standing.
(iii).
The Proposer, first seconder and other 10 seconders are should not be in arrears
of subscription or any other due towards the DHCBA.
Admission Form (With Copy of
Rules) - Rs.250/-
Admission Fee - below 30 years - Rs.2500/-
Admission Fee - above 30 years - Rs.5000/-
Admission Fee - Senior Designated - Rs.10,000/-
Re-Admission Fee
- Rs.5000/-
One year subscription shall also be payable along with application for membership.
2(C).
The following
documents shall be attached with the application
form.
(i).
Admission Fee / Subscription as applicable by way of Cheque favouring “Delhi High Court Bar Association”. In case of dishonour of cheque Rs.500/- will be levied
as cheque bouncing charges.
(ii).
Certified photocopy of Bar Council Enrolment Certificate & Law Degree.
(iii). Certified
photocopy of Metric/High Secondary Certificate in proof of age and all documents must self attested.
(iv). One photograph in robes.
2. The following fee is prescribed for membership of
the Association:
THE MONTHLY SUBSCRIPTION IS AS FOLLOWS:
Members below 5 years of practice
- Rs.100/- per month
Members having 5-10 years of practice
- Rs.150/- per month
Members having 10-20 years of practice - Rs.200/-
per month
Members having 20-25 years of practice - Rs.250/-
per month
Members above 25 years of practice
- Rs.300/- per month
Designated Senior
- Rs.1000/- per month
Cause list
- Rs.300/- per month
4.The name, residence and place of business of the candidate for membership and the
names of the members proposing and seconding him respectively shall be entered in
a Ballot Book to be maintained by the Secretary for the purpose. The Ballot Book
shall be placed in a conspicuous place in the Bar Room next to a locked Ballot Box
for a period of 14 days, during which period the Ballot shall be kept open on all
working days, between the hours of 10.00 a.m. and 4.00 p.m. Every member of the Association desiring to vote at such ballot, shall enter
his name on the page of the Ballot Book in which the particulars relating to the
said candidate are entered and shall at the same time, place a Ballot Paper in the
compartment of the Ballot Box allotted to the candidate.
(a) The Ballot
Box, before it is locked and placed in position, shall be inspected by the Secretary
and at least two other members of the Committee to see that it is empty and in proper
condition.
(b) On the expiry of 14 days from the date of such proposal, the Ballot Box shall be
opened by the Secretary in the presence of not less than two other members of the
Executive Committee.
(c) If on
opening the box, the number of votes recorded in the Ballot Book does not tally
with the number of ballot papers found in the Ballot Box, or the number of votes
recorded is less than ten, the Ballot shall be declared void and the Secretary and
the members shall make a record of the same in the Register. A new Ballot may, if
the proposer and seconder so desire, be held and the procedure in sub-rule (a) and
(b) shall again be followed.
(d) If, in
the case of Ballot, adverse votes reach or exceed the proportion of one vote in
every four votes, the candidate shall be declared as not eligible for membership
and the Secretary and the members shall take a record of the same in the Register.
(e) No particular
of any Ballot shall be disclosed. On opening the Ballot Box, the result shall be
entered and the votes recorded on the page relating to the candidate in the Ballot
book.
The entry made shall be either ‘enrolled as member’,
‘not enrolled as ‘member’ or ‘void’, as the case may be, and shall be signed be
the Secretary and the members of the Committees in whose presence the Ballot Box
had been opened.
(f)
The result of the Ballot, shall, if unfavourable, be notified by the Secretary to
the proposer of the candidate and the deposit made by him under rule 3 will be returned.
If the Ballot be favourable, the candidate shall be informed by the Secretary accordingly.
PERIOD
OF 3 MONTH TO EXPIRE BEFORE A
SECOND
APPLICATION CAN BE ENTERTAINED.
5. No person who has been
declared as ‘not enrolled’ shall again be eligible for candidature for membership until after
the expiry of 3 months
from the date of such declaration.
BALLOT
WHEN CLOSED
6.
No Ballot shall be held during the long Vacations in any year.
HONY. MEMBERS
7.
The Committee may, in their discretion for any sufficient reason to be recorded
in writing, admit any person not practicing at the Bar to be Honorary Member of
the Association. Such honorary members shall be exempted from the payment of fees
and subscription and shall not be entitled to the Cause List and to vote in the
management and affairs of the Association.
Honorary members will be entitled to use the Library of the Association subject
to the rules relating thereto.
JUDGES
TO BE HONY. MEMBERS
8.
Every Judge for the time being on the Bench of the High Court of Delhi shall be
deemed To be an Honorary member of the Association.
9.
A copy of the rules of the Association shall be supplied to every member on payment
immediately upon his enrolment as member.
ENTRANCE
FEES AND SUBCRIPTION ENTRANCE FEES
10. The entrance
fee of a candidate for admission to the Bar Association shall be Rs.2500/- if the
candidate is below 30 years in age, the admission fee shall be Rs.5000/- if the
candidate is above 30 years in age and admission fee for senior designated candidate
shall be Rs.10,000/- (as amended by the Executive Committee vide its resolution
dated 01.07.2010). The Re-admission fees charged Rs.5000/-. The candidate for membership
of the Bar Association shall in addition as Member, pay subscription towards Delhi
High Court Bar Association Lawyers’ Social Security and Welfare Fund, hereinafter
called the Fund, and shall be bound to pay the annual subscription in accordance
with the Rules framed under the said Fund.
11. For
the purposes of these rules, a member who ordinarily resides in the Union Territory of Delhi is a residential member.
MONTHLY SUBSCRIPTION
12.. Every member of the Association of
whatsoever description shall pay the subscription as may be fixed from time to time
by the Executive Committee of the Association with the approval of the General House.
The member shall also pay the subscription towards the fund in accordance with the
Rules framed under the fund along with subscription. Members below 5 years of practice - Rs.100/- per
month Members having 5-10 years of practice - Rs.150/- per month Members having
10-20 years of practice - Rs.200/- per month Members having 20-25 years of practice
- Rs.250/- per month Members above 25 years of practice - Rs.300/- per month Designated
Senior - Rs.1000/- per month Cause list - Rs.300/- per month
13.
If any member defaults in the payment of monthly subscription and subscription as
fixed under the fund for a period of three consecutive months and on receipt of
a registered notice fails to pay within the prescribed period upto date arrears
of all description as specified in the notice, his name shall be removed from the
list of members of the Association and he shall be entitled to in accordance with
the Rules of the Fund only to such refund as permissible under the Rules of the
Fund. A member thus removed from the membership of the Association shall be eligible
to the membership of the Association as a new member only on payment of entire arrears
of subscription upto date in accordance with Rule 10.
14. No member who is in arrears of subscription and contribution as
aforesaid shall be entitled to the facilities of the Bar Association including
the right to speak of right to propose vote at any meeting of the Association. He shall
also not be entitled to supply of cause list. He shall
not be eligible to stand for any elective office, nor for being
nominated to any committee.
15..
The notice referred to in Rule 13 shall be sent by REGISTERED-AD Or SPEED-POST
Or COURIER Due Post or through the peon book at the address of the member,
as recorded in the register of members of the Association. The notice shall be signed
by the Honorary Secretary or under his authority by the office Superintendent of
the Bar Association. No second notice
shall be sent to the Member who is in arrears. The notice shall be deemed to be
served if sent at correct address of the member by Registered A.D. Post.
16.It shall
be the duty of every member to inform in writing the office of the Association his
present true and correct address, and any change of his address, within a period
of 15 days of the change. In the event of any member not intimating the change of
his address, his last recorded address in the register of the Association shall
be deemed to the true and correct address.
17. A member
suspended from practice by any Bar Council shall ipso facto cease to be a member
of the Association. Such member shall also not be entitled to the benefits of the
Fund, except refund of the subscription paid by the member towards the Fund.
PART-II-
MANAGEMENT THE EXECUTIVE
COMMITTEE & OFFICERS OF THE ASSOCIATION
18.
The affairs of the Association shall be, subject to these rules (and the general
control of the members in General Meeting assembled) managed by an Executive Committee
consisting of the President, Vice President, Honorary Secretary, Treasurer and other
members as provided.
19. (a) The President, Vice President, Honorary Secretary,
Joint Secretary and Treasurer and 10 (ten) members of the Executive Committee shall
be elected at the Annual General Meeting of the Members and the Executive Committee
shall hold office for two years, provided that if and when their said term of office
has expired and no election has taken place, the Executive Committee shall continue
in office until such election takes place.
(b) The office
bearers and the members of the Executive Committee of the Association shall be elected
by secret ballot. No office bearer and member of the Executive Committee shall be
eligible to hold same office for more than two consecutive years/terms.
(c)
The outgoing President/ Secretary Shall be ex-officio members of the Executive Committee, but in
case the outgoing President / Secretary contest the election for the same office
is/ are not returned, they shall forfeit the right of being member
of the Executive Committee.
(d) (i) A person desiring to contest for the post of
President, Vice President & Hony. Secretary should respectively be a member
of Delhi High Court for at least 25, 20, 15 years respectively.
(ii) Any member
who has held a particular office in the Association for a total number of four terms shall be ineligible to again contest for such
office.
(iii)
For post of Executive Member – 25 years standing, person should be a members of
Delhi High Court Bar Association for atleast 25 years.
20. Should
the President be absent or office of President become vacant at any time, the Vice
President shall act as President. The Executive Committee, may there upon elect
one of its members of act as Vice-President until the President returns or another
election takes place.
21. Casual
vacancies occurring amongst other office bearers of members of the Executive committee
may be filled up by appointment made by Executive Committee. Every such appointment
shall hold good until the next election is held.
QUORUM
CASTING VOTE
22. Seven members shall constitute quorum of the meeting of the Executive Committee.
Each member shall have one vote. The decision of a majority of the members present
at a meeting shall (except in any case in which these rules otherwise provide) be
deemed to be the decision of the Executive Committee. In any case in which the votes
for and against any motion are equal in number, the President of the meeting shall
have a casting vote.
CHAIRMAN OF MEETING OF COMMITTEE
23. The President
and in his absence the Vice-President shall Preside at all meeting of the Executive
Committee at which he is present.
If
neither the President nor the Vice-President be present at any meeting, the members
of the Executive Committee present shall elect one from amongst themselves to be Chairman of the meeting, but the chairman shall not exercise casting vote.
RULES OF BUSINESS
24.
The Executive Committee may from time to time make subsidiary rules consistent with
these rules for the regulation of its own proceedings and the proceedings of all
or any Sub Committee appointed by it and such rules may provide for the conduct
of business by the Secretary and Treasurer and for regulating the duties of all
or any of the office-bearers and servants of the Association and the manner in which
the property, library, accounts and records of the Association are to be kept and
maintained and may from time to time vary, add to or delete any rules so made.
MEETING OF COMMITTEE
25. The Committee
shall ordinarily meet not less than once a month (except during the long vacation)
for the dispatch of business.
26. The Executive
Committee shall, subject to the control of members in General Meeting assembled,
in addition to all other powers conferred upon them by these rules, have to:
(i)
Maintain such establishment of clerks and servants for the association as it may
deem fit:
(ii)Appoint, suspend or dismiss any clerk or servant:
(iii) Determine
and regulate the remuneration, duties and conditions of service of all such clerks
or servants:
(iv) Expend
within budget provision such moneys for the purpose of association as the Committee
may deem fit:
(v) Administer the fund:
ANNUAL,
SPECIAL AND URGENT GENERAL MEETINGS
26.
In each year, Annual General Meeting shall be held on such date in the month or
April or as the Executive Committee may determine. A Special General Meeting may
be held whenever the President or the Executive Committee consider it desirable
to convene it for the disposal of any business which these rules require to be transacted
at General Meeting or which the President of the Executive Committee may deem proper
to lay before a General Meeting.
27.
A special General Meeting shall be convened by the Executive Committee whenever
a requisition for the same is made in the manner hereinafter provided:
(i) THE SPECIAL GENERAL MEETING -May be requisitioned in writing respect of a Resolution specified therein if the
requisition is signed by not less than 10% of the total membership of the Bar Association
or 250 Members, which ever is more.
The requisition shall be made in writing stating concisely the nature of the business
to be laid before the meeting and every motion proposed to be put of the General
House. EXPLANATION:
Any member in arrear of disability because of the preceding rule shall not be eligible
to sign the requisition for Special General Meeting and provided further the requisitions
shall give their names and affix their signatures alongwith the serial number of
membership as indicated in the current directory of the Members.
(ii) The Executive Committee shall within a fortnight of the
receipt of any such requisition (if the same be found to be in order) convene a
Special General Meeting for the disposal of the business mentioned therein. No business other than that entered in the requisition
shall be considered at such a meeting.
(iii) URGENT GENERAL MEETING:-
Should not less than 10% of the total membership of the Bar Association or 250 members
of the Association whichever number is more deem it necessary to call an urgent
General Meeting, they shall by a requisition duly signed and dated apply in the
manner set out in (I) above to the Secretary to convene an Urgent Meeting and the
Secretary shall on receipt of such a requisition call meeting, not later than 3
days from the receipt of such requisition.
Provided that in the case of emergency the President or in his absence the Vice-President
or in his absence the Secretary, or in the absence of the aforesaid office bearers,
any two of the remaining members of the Executive Committee may further reduce the
period of notice required under this Rule. No business other than that entered in the requisition shall be considered
at such a meeting.
ANNUAL
GENERAL REGULAR BUSINESS
29. At the
Annual General Meeting, the business for disposal shall, besides any other business
which may be entered in the Agenda include:
( i)The passing of Accounts, Balance sheet and Budget Estimates:
(ii) The election of office-bearers of the Association, other members
of the Executive Committee and an Auditor.
30.Not less
than seven clear days (notice excluding the date of the issue of the notice) of
every General Meeting shall be given to members except when emergent meeting as
provided for in Rule 28(iii) is convened. Provided that the Executive Committee
may call a Special General meeting by giving 2 days notice when it considers the
calling of such a meeting necessary and provided also that such meeting shall not
deal with matters relating to any questioning of the conduct or character of any
member or his expulsion or relating to the addition, deletion or variation of these
Rules and notwithstanding Rule 30(a) no notice of such meeting need be sent to
outstation members.
( a) Such
Notice shall be given by:
( i)
Pasting the same in some conspicuous place in the Bar Room and
( ii)Circulating the notice to such members as can conveniently be informed in that way:
( iii) By circulating
the notice alongwith Daily Cause List of the High Court. Provided that when this rule has been substantially
complied with, the non-receipt of notice by any member or members shall not render
the proceedings of any meeting irregular or effect the validity of any resolution
passed thereat.
PRESIDENT
OR VICE-PRESIDENT OR CHAIRMAN TO PRESIDE
31. The President
shall take the chair at all General Meetings at which he is present. If he is absent
and the Vice-President is present, the later shall take the chair. In the absence
of both, the members present shall choose one of their members to be the chairman
of the meeting.
QUORUM
ORDINARY OR SPECIAL
32.
Fifty
members shall from a quorum at General or Special General Meeting or Urgent General
Meeting.
PROCEDURE
AT MEETINGS VOTING
33. Every Member shall have one vote
on every motion made at any General Meeting. All motion put to a General Meeting shall be determined by a majority of
votes. Ordinarily, the voting shall be by show of hands, but it shall be by secret
ballot, if demanded by any member present at the meeting. Provided that no resolution for the variation of or addition to or deleting
of these rules or any of them shall be deemed to be carried unless not less than
three-fourth of the members present shall vote for the same. Provided further no resolution calling in question the conduct and character
or for expelling a member shall be put to vote except by secret ballot. If in the
case of any motion determinable by a mere majority of votes, the votes for and against
the same be equal in number, the President shall have a casting vote. No vote may
be given by proxy. In the event of a secret ballot the meeting shall be adjourned
for a period not more than 7 days to make arrangements for holding the secret ballot.
Procedure for holding the secret ballot shall as far as possible be the same as
the procedure for holding annual general election.
MINUTES
OF PROCEEDINGS
34.
Minutes of the Proceedings of every General Meeting shall be recorded by the Secretary
and signed by the President of the meeting and placed on record.
ORDER
AT MEETING
35.
The President of every General Meeting shall have full authority to regulate the
proceedings and maintain order thereat in such manner as he may deem fit.
SECRETARY
CUSTODIAN OF PROPERTY
36.
The Honorary Secretary shall be the Custodian of the furniture, books, stationery and all other properties other than money and securities of the Association. He shall also
be the Administrative Officer
for administering the Fund.
DUTIES
OF SECRETARY
37.
It shall be the duty of the Honorary Secretary to conduct under the direction of
the President and the Control of the Committee the correspondence of the Association.
Letters addressed by the Association to the Register of the High Court shall ordinarily
issue in the name and under the signatures of the President or Vice-President or
Honorary Secretary.
BOOKS
& ACCOUNTS
38.
The Honorary Secretary shall be responsible for maintaining the following registers
and books of account in such form and manner as the Committee may form time to time
prescribe:
1. A Register of the Books in the Library showing the value of each book, the amount
annually written off from the value of books, the additions made, books lost, destroyed
or sold and the like. This register shall be placed before the Committee at least
once every six months.
2 .
A similar register of the furniture and other properties of the Association.
3.
A catalogue of books in the library showing the classification and arrangement of
the books in the library in a convenient form.
4.
Register of Books showing books issued from and returned to the library.
5. A
minute book of the proceedings of the Committee and all sub- committees thereof.
6. Minutes Book of the proceedings at the General Meeting.
7. A
letter book containing copies of all letters issued.
8. A
letter book containing a note of all letters received.
9. A subscription book.
10. A Cash
Book of income and expenditure.
11. A ledger.
12. A payment
Advance Account.
13. Counterfoil
Receipt Book
14. Suggestion
Book 15. A Complaint
Book
16. The total
records of the Fund The Hony. Secretary will approve
all the bills.
TREASURES
CUSTODIAN OF MONEY AND SECURITIES
39.
The Treasurer shall have the custody of all monies and securities of the Association.
All sums due to the Association shall be payable to and recoverable by the Treasurer. If any sum is realized or received by
the Honorary Secretary, it shall be forthwith made over by him to the Treasurer.
40.
The Treasurer shall keep the money of the Association including the Fund in such
Banks and in such manner as the Committee may from time to time direct and shall
bring all moneys received into account immediately on the receipt thereof. The Committee may decide to invest in such Schemes
as are recognized by the Govt. of India /
Reservation Bank of India like
Unit Trust of India, Life Insurance Corporation, monies of the Fund and the Honorary
Secretary and the Treasurer shall ensure the faithful implementation of the decision
of the Executive Committee.
RECEIPTS
41. The Treasurer shall grant
receipts for all amounts received and shall be responsible to see that books
of accounts are properly and truthfully maintained.
PAYMENTS
42. All receipts ofatsoever description shall be paid into the Bank without delay and only drawn
by means of cheques and all payments except those for patty expenditure under Rule
45 shall be made by cheques signed by the Honorary Secretary and the Treasurer.
The Honorary Secretary and Treasurer shall be responsible to make payments by cheque
to the beneficiaries of the fund.
VOUCHERS
43.. Receipts
for all payments made and signed by the payee shall be obtained and placed on record.
BILLS
44.A monthly statement of income
and expenditure should be submitted to the Committee instead of bills, which need
not be produced unless
specially called for. The Honorary Secretary shall also submit to the Executive Committee the monthly statement of the receipt and expenditures
of the Fund.
45.. An imprest
not exceeding Rs.50,000/- shall be made by the Treasurer to the Honorary Secretary
to meet contingent current expenditure which the Treasurer shall periodically check
and reimburse. Ordinarily, no payment exceeding such amounts as the Executive Committee
may fix, be made except by payee cheque.
REVENUE
ACCOUNT AND BALANCE SHEET BUDGET
46. Once
a year in the month of April, the Treasurer shall submit a Balance Sheet of the
affairs of the Association as on the 31st March of the previous year
duly passed by the Auditor.
47..
The audited Revenue Account and Balance Sheet shall be laid before the Annual Meeting
of members for approval.
AUDITOR
48. The accounts
of the Association shall be audited at least once an year by an Auditor. The Auditor
shall ordinarily be elected or appointed at the Annual General Meeting (any casual
vacancy in the office of Auditor may be filled up by the Committee).
AUDIT
OF ACCOUNTS
49. The Auditor shall examine the entire accounts of the Association and shall have access to accounts
and vouchers at all responsible times throughout the year. The auditors shall also examine the accounts of the Fund and shall submit
a separate and independent report and for this purpose separate auditors may be
appointed for the accounts of the Association and for the accounts of the Fund.
BALANCE
SHEET REVENUE ACCOUNT TO BE CHECKED
50. The Auditor
shall check the Revenue Account and Balance Sheet and shall after making such comments
thereon as he may deem proper countersign the same. The auditor shall submit annually in the month of January to the Committee
a brief report on the state of the accounts. The Auditor’s Report shall be laid
before the Annual General Meeting with the Revenue Account and Balance Sheet. The
Rule applies to the accounts of the Bar Association and also to the accounts of the Fund.
RULES
FOR LIBRARY
51.
The Committee may from time to time make subsidiary rules consistent with these
rules for the management of the Library and the regulation of its use by members
and vary, add to, or delete any rules so made.
PRIVATE
CONVERSATION CONFIDENTIAL
52.
No publicity shall be given to any statements expression of opinion or conversation
in any premises at any time occupied by the Association. Any member infringing this
rule shall on proof there of be liable to have his name removed from membership.
53.
If any Members at any time acts in a manner which is in breach of directions issued
by the Committee occupied by the member or the Committee who may be present or may
be reported by any member of the Association to the Committee who may take such
action in regard to the same as they may think proper in the circumstances.
PART-III-PROFSSIONAL
CONDUCT OF MEMBERS
AND THEIR
EMPLOYEES, PROHIBITION AS TO TAKING
BRIEFS FROM
CERTAIN PERSONS
54.. All the
members of the Association shall strictly observe the code of Professional Conduct
and attitude as is prescribed by the Bar Council of India under the provisions of
the Advocates Act, 1961 and the Resolution of the Executive Committee/ General House,
as the case may be touching professional conduct. Any violation of this Rule shall
make members liable for expulsion from membership.
55. All members
shall ensure the Clerks employed by them hold identity cards issued by the Bar Association
under the joint signatures of the Registrar of the High Court and the Honorary Secretary
of the Bar Association. In case, it is found any such clerk is indulging in unprofessional
and unethical conduct, his card shall stand forfeited and till the card is restored,
he shall not be permitted to work as a clerk of the concerned or any member.
56.
The form
of intimation to be given by a Member when engaging a clerk alongwith the particulars
shall be in the manner prescribed by these Rules.
PART-IV-POWER AND PROCEDURE IN DEALING WITH MEMBERS ENQUIRY OF OFFENCES
57.. The Committee shall have power, either upon complaint or of
its own motion to inquire into the conduct of any member or of any agent, servant
or other employee of any member, so far as such conduct relates to any breach or
supposed breach of these rules or to the professional conduct or honour of any member
and for the purposes of any such inquiry, may do all acts and things which may be
necessary or expedient to enable the committee to render such inquiry effective.
Provided that before the Committee shall take any action upon the result of such
inquiry, the committee shall inform the member concerned or whose agent, servant
or other employee is concerned, of the nature of charge and shall afford him a reasonable
opportunity of tendering to the Committee his explanation, either personally or
in writing and of submitting to the Committee any rebutting evidence which he may
desire to produce before it.
COMMITTEE’S REPORT IN THE CASE OF MEMBERS
58. If after such inquiry, the Committee shall be of opinion that
a breach of any of these rules has been committed or permitted by any member or
that any member has been guilty of unprofessional or dishonorable conduct, the Committee
shall submit a report on the matter to a General Meeting for disposal. Provided
that the Committee may in any case in which they may deem proper so to do, before
making such report afford the member concerned an opportunity of tendering his resignation.
COMMITTEE’S ACTION IN REGARD TO EMPLOYEES
59. If after such inquiry, the Committee shall be opinion that
any agent, servant or other employee of any member, has been quality of a breach
of any of these rules, it may pass such order in the matter as they may deem proper
in the circumstances and as may be in accordance with the provision of these rules.
NOTICE OF GENERAL MEETING
(a) In every case submitted to a General Meeting under the preceding
clause, the Committee shall give the member concerned at least 10 days notice in
writing of the date, time and place at which the General Meeting will be held, and
shall at the same time supply him with a copy of their report.
SERVICE OF NOTICE
(b) Every notice issued by the Committee under this Rule shall
be sent by a registered letter addressed to such member at his ordinary place of
business or last known address. Every notice so sent shall be deemed to have been
duly served on the date on which letter would ordinarily be delivered in the ordinary
course of postal delivery.
EXPULSION
60. Any member may, after the provisions of Rules 57 and 58 have
been complied with, be expelled from membership by resolution passed in General
Meeting as provided in Rules 33 and 34.
CONSEQUENCE OF REMOVAL OF NAME OR EXPULSION
61. The removal of any member from the roll of members or the expulsion
of any member shall carry with it absolute forfeiture of donation, subscription
and entrance fee paid by such member to the Association, provided that the Association
shall be entitled to recover the arrears of subscription due from any members at
the time of his removal or expulsion. The removed member shall receive back by cheque
the subscription amount paid by such member to the fund.
CESSATION FROM MEMBERSHIP
62.. Any member whose name is removed from the roll of the Bar
Council shall automatically cease to be members and his membership terminated without
following the procedure for removal of member from the roll members of Association.
63.. Every order or decision of the Committee affecting any member
or any employee of any member shall be subject to appeal to a General Meeting by
such member.
(a). Every such appeal shall be in writing and shall be signed
by the member and delivered to the Secretary within 15 days of his becoming aware
of the order or decision against which he desired to appeal.
(b). The Secretary shall without delay lay every appeal received
under Sub Clause (a) above before the Committee, who shall thereupon convene a Special
General Meeting for the purpose of disposing of such appeal within one month from
the date of the receipt of the appeal by the Secretary unless the appellant agrees
to or desires a longer date.
COMMUNICATIONS PRIVILEGED
64.. All communications made to the Committee or to the House
and inquires held under the preceding rules, shall be deemed to be privileged.
PART-V-RULES
65. These rules shall not be varied, added to or deleted
otherwise than by a special resolution in that behalf passed at a General Meeting
in the manner prescribed by Rule 33.
RULES TO BE PRINTED
66.. The rules of the Association may be printed and shall be brought
and kept upto date by the Secretary.
67.. It may be noted that for allotment of chamber in the Delhi
High Court premises, a separate application form has to be deposited with the General
Branch, Delhi High Court after obtaining membership of Delhi High Court Bar Association.
DELHI HIGH COURT BAR
ASSOCIATION STAFF, EMPLOYMENT, PAY, LEAVE AND PROVIDENT FUND RULES
These Rule may be called: Delhi High Court Bar Association, Staff Employment, Pay,
Leave and Provident Fund Rules.
STAFF
(a) The staff may be consist of:
1. Office Administrator
2. Office Superintendent
3. Sr. Accountant
4. Jr. Accountant
5. Chief Librarian
6. Head Librarian
7 Librarian
8. Steno/Typist
9. Library Assistant
10. Clerk
11. Library Attendant
12. Daftry
13. Peons / Gardener
14. Sweeper
(b) The staff shall appointed by the Executive Committee according
to the needs or requirements of the Committee from time to time.
SCALES OF PAY
The scale of pay shall not be below the Minimum Wages Act and shall be fixed by
the Executive Committee from time to time considering the level of the wholesale
price index.
BONUS
Bonus will be disbursed among the employees every year on occasion of Diwali. It
will be increased by the approval of Hony.Secretary of Delhi High Court Bar Association.
GROUP INSURANCE
Every employee should cover in a group insurance policy made by Delhi High Court
Bar Association for the welfare of employees.
ANNUAL INCREMENT SHALL BE GIVEN IN THE MONTH OF APRIL LEAVE:
Earned Leave: Leave shall be earned by duty, but it cannot be claimed as of right.
Leave may be granted to the employees at the discretion of the Committee as under:
21 Days leave with full pay for every 11 months service. Provided that no employee
shall earn such leave when the earned leave due amounts to 63 days.
CASUAL LEAVE
All employees shall be entitled to 12 days casual leave during a calendar
year, which may be granted by the Secretary in his discretion.
LONG LEAVE
The Executive Committee may in a proper case grant leave on half pay in excess
of earned leave on medical grounds, subject to a maximum of two months.
PROVIDENT FUND
(a) An employee shall be entitled to benefits of a Provident Fund
after a period of one year’s approved service.
(b) Subject to Sub Rule (a) every employee shall subscribe to the
provident fund at the rate of 1/6 in a similar amount will be contributed by the
Association.
(c) A separate account shall be opened in a Bank in the name of
the employee concerned. The Provident Fund contribution shall be regularly deposited
every month in the account of the employee and the pass book shall remain in the
custody of the Secretary. The account will be operated upon by the depositor countersigned
by the President and the Secretary.
(d) Provided that the employee shall not be entitled to receive
contribution made by the Association.
(i) If employee gives up his employment with permission of the
Executive Committee.
(ii) If the services of an employee come to an end within seven
years of the date of employment.
(iii)If the services of the employee are terminated on account
of misconduct. The employees shall be entitled to the benefits of the Group Insurance
Policy under which every employee is insured for the sums specified in the Policy.
UNIFORM
(a)
WINTER UNIFORM
Every employee may be given a winter uniform and raincoat every two years, at the
discretion of the Executive Committee.
(b)
SUMMER UNIFORM
A summer uniform may be given to the employee in the beginning season each
year. The Office Superintendent, Clerks Librarian may be supplied with a suit different
from the Uniforms of the Peons, Daftaries and Sweepers. The employee may be allowed
loans against their own Provident Fund Account to the maximum of 50% of the total
amount standing to their credit in the Bank, subject to repayment by monthly installments
deductable from their pay. The Association has a right to forfeit the entire or
portion of the Provident Fund of the employees for misconduct, inefficiently, dismissal
or for sufficient cause on resignation by an employee.
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