f' ' ,",  ·~'  iw·l ·r~ if' '~i ":r;~nll! i i  ',,  ;'t, 'i:c":·  - ~i'jlr '; { , " ' , 1""\                :                       ~ c                                                 " :- j ,                                                              ',1-: -                     , " -        i, _ j  j  bill no 43 of 1966 the advocates (amendment) bill, 1966 a billfurther to amend the advocates act, 1961 it enacted by parliament in the seventeenth year of the of india as follows:-, 1 this act may be called the advocates (amendment) act, 1966 short title 2 for section 8 of the advocates act, 1961 (hereinafter referred amendas the principal act), the following section shall be, and shall be ment of ;i1:;'''~nled always to have been, substituted, namely:-section 8 "8 (1) the term of office of an elected member of a state term of bar council (other than an elected member thereof referred to office of in section 54) shall be four years from the date of publication ~e~i::rs of the result of his election :ar co::n (2) an outgoing member shall continue in office until the cil publication of the result of the election of his successor" , i amend-3 in section 15 of the principal act, clau~e (e) of su'b-section (2) ment of shall be,,aad shep bf d~emed always to have been, oplitted section 15 transi-4 where before the commencement of the advocates (amendtional pro- ment) ordinance, 1966, any member of a state bar council has vision retired under section 8 of the principal act, such member shall be s deemed never to have retired, and shall continue to hold office for a period of four years from the date of publication of the result of his election as a member of the state bar council (re-constituted on the expiry of the term of office of the elected members of the state bar council under section 54) and accordingly no act of the state bar 10 council or any committee thereof shall be called in question on the ground merely that such member having ceased to be a member of the state bar council on such retirement sat or voted or otherwise took part in the proceedings of the council or the committee thereof i repeal and 5 (1) the advocates (amendment) ordinance, 1966 is hereby ;aving repealed (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 14th 2 day of june, 1966 , under section 3 of the advocates act, 1961, every state bar council shall consist of members (except in the case of ex officio members) who are elected from amongst advocates on the electoral roll of the bar council section 8 of the act provides that the term of oftlce of the elected members shall be six years and that as nearly as possible, one-third of the members first elected to the council ,', 'sball retire on the expiration of every second year and the vacancies ·io'  -eaused ehall be filled by the election of new members 2 representations ~ere received from the -bar council of india  and some state bar councils th~t the provi$ions ~f, section 8 of the ~ct for retirement of one-third of the elected members at the end of  ' , second year and for biennial elections to ~l the vacancies '  1c!~ by such retirement were likely 'to involve considerable besides adding to the work of the bar councils it was  h  t,n"' proposed that section 8 of the act; should be amended so t to, proyide for retii'ement of one-half of the elected members _,:l1"v, third year in the place of the existing provision for retirement one-third members every second year accordingly provision made in clause 4 of the advpcates (amendment) bill, 1965 to liiilf~na section 8 of the act with retrospective effect so that persons to retire at the end of the second year could continue for one year the bill was passed by the rajya sabha but could ngt ; passed by the lok sabha for want of time 3 in anticipation of the enactment' of the advocates (amendt) bill, 1965" some of the state bar councils in respect of which period of twb years had expired did not take necessary steps for holding of the elections in time to fill the  vacancies as, the of one-third of the members had expired and as the bill had been passed into law, doubts were expressed as to whether these councils could carry on their normal functions under the act order to overcome the difficulty created by this situation, the tes (removal of difficulties) order, 1966 was made by the government on 10th january, 1966 under section 59 of the this order was, however struck down by the madras high by its judgment dated 8th april, 1966 in cmp no 1446 of in writ petition no 4313 of 1965 as being ultra vires of the of the central government it was felt that the situation by the decision of the madras high court and iby the non-passage of the amending bill in the lok sabha, unless remedied immediately, would give rise to various difficulties and complications in relation ,to the f~nctiojling ,of the state bar councils _-- or', ,i  ' ~,  1 4 as the situat:on had to be remedied immediately and as the parliament was not in session, the promulgation of an ordinance ,by the president was co,nsidered most essential at that stage it, was, however, felt that the ,system of retirement of members by rotation, apart from being expensive, did not really serve any useful purpose and that it' should ,be replaced by a simple provision laying a uni  form term qf four years foz:all the elected ,members of~ a state bar, ; ~ it, ' council sugges~~o~ ~<;> ~pis  eff~ct, had been received from the' bar council of india and some state bar councils the advocates act review committee 'app6inted' ~by the law minister fo ',review the working of the act was also- in favour of this' vi'ew and the attorney general of india who is the chairman of the bar council of india' also approved the same' the advocates (amendment) ordinance, 1966 was accordingly pro~ulgated on the 14th june, 1966 provision' has been made thereiri for arriendment of section '8 on these liries' and for a consequential change in section 15(2), and for a transi~ tional provision'to ,the e~ that where any 'member of a state' bar council has already retired under section 8, he shall be deemed ' never to have retired land' shall continue to hold office for a period of four years from the date of publication ~f his election and that:, no act of the state 'bar council or any coinmittee thereof shall be;' called in question  merely because such member ,having ceased to·, be a member, had voted or: otherwise taken part in the proceedings" of the council to committee ' the bill seeks to merely replace the ordinance by an act of; parliament new delhi; c r pattabhi raman the 18th july, 1966 - -   -  chapter ii bar councils    - term of 8 the term of office of the' elected members of a state bar office of -,v',  u,," • ' shall! be !six i tears, but as neatly as: p6ssilble ione-third of ~f me~­ members first elected to each such council (reconstituted on s~~:e °bar expiry of the term of office of the elected members of the state council council under section 54) shall retire on the expiration of every year in the prescribed manner, and the vacancies so caused be filled by the election of new members in the prescribed - - iii - - , (1) a bar council may make rules to carry out the purposes power to chapter, make rule~ (2) in particular, and without prejudice to the generality of the  power, such rules may provide for-- - -  - (e) the manner in which the order of retirement by rotation the members of the state bar council shall be determined; - -  - - a  billfunhcr to amend the advocates act, i96i r (shri c r pattabhi rama", minister 0/ stale in the ministry of lqfjj) 