1.
Interpretation :
“Association” means “The High Court Bar Association, Cuttack”
-
Membership :
There
will be three clauses of Membership :
(a)
Ordinary members
(b)
Life members and
(c)
Honorary members.
Ordinary Members :
Any
advocate on the Roll of Advocates of the Orissa High Court whether in
active practice or not, shall on his paying a sum of Rs. 200/- (two
hundred) as enrolment fee and a monthly fee of Rs. 10/- (Ten) be
eligible to be an ordinary member for practicing less than 15 years and
Rs. 20 (Twenty) for more than 15 years.
Life Members:
Any
existing ordinary member or any advocate on the Roll of the Orissa High
Court, on payment of a consolidated amount of Rs. 1500/- (Rupees one
thousand five hundred only) shall be eligible to be a life member.
Honorary Members:
The
General Body may elect persons as Honorary members on account of their
meritorious service to the profession, science of law, maintenance and
reform of the Administration of Justice, maintenance, support of free
and democratic form of Government or the maintenance and promotion of
the Rule of law.
3. Admission of Members :
Any
person enrolled as an advocate in the Orissa High Court wishing to
become an ordinary member of the Bar Association, may apply in writing
to the Secretary of the Association for admission by an application
signed by him and recommended by at least two members of the Association
provided that the General Body may admit honorary members, without any
formal application.
4. Subscription :
The
monthly subscription shall be Rs. 10/- (Ten) be eligible to be an
ordinary member for practicing less than 15 years and Rs. 20 (Twenty)
for more than 15 years only payable in advance and shall become due on
the first day of the month.
The
name of any member failing to pay the subscription for more than two
consecutive months shall be liable to be removed from the Roll of
members, but the liability of such member for any amount that may have
become due at the date of removal of his name, shall not cease; provided
that if the Executive Committee on application finds any justification
for the non-payment, it shall be competent for them to admit such
defaulting member into membership without any penalty and readmission
fee.
5. Removal of members :
Any
member acting in a manner not befitting a member of this Association or
in contravention of its objects, rules, regulations or the Code of
Conduct from time to time laid down, shall be liable to be removed from
the Roll of members or censured or otherwise dealt with by the Executive
Committee, provided that no person shall be removed from the Roll of
members under this rule unless the decision of the Executive Committee
regarding removal is approved by the General meeting by a special
resolution supported by at least two thirds of the members present.
6. Executive Committee :
1.
There shall be an Executive Committee of the Association which shall
consist of the following :
(i) The
President of the Association,
(ii)
Vice-President
(iii)
The Secretary and Ex-Officio Treasurer,
(iv)
Joint Secretary
(v) The
Assistant Secretary
(vi)
Assistant Secretary (Library)
(vii)
Nine annually elected members.
They
shall be elected at the annual general meeting of the Association from
amongst the members of the Association and shall continue to hold office
until the next annual general meeting.
2. The
Executive Committee shall manage the whole business and the affairs of
the Association and shall have all powers, duties and functions
necessary, proper and incidental to the promotion and carrying out of
the objects of the Association including framing of rules and
regulations for the purpose.
3. In
particular and without prejudice to the generality of the powers
referred to above, the Executive Committee shall have the following
powers :
(a) To
manage all the properties of the Association;
(b) To
accept any trust fund or endowment in which the Association is
interested and to raise funds for the Association by gift, donation or
otherwise, to raise loans etc;
(c) To
grant loans to the members of the Association or give monthly aid to
members in strained circumstances and to the families after their
death;
(d) To
appoint from time to time, officers and employees on such terms and
conditions as may be found necessary for carrying on the management and
affairs of the Association ;
(e) To
exercise control over the employees of the Association including the
power of suspension and dismissal;
(f) To
institute and maintain a library for the Association ;
(g) To
perform all such acts and duties and exercise all such powers as may be
delegated or assigned to it by the Association from time to time.
7. President :
The president shall :
(a)
Preside over all the general meetings of the Association including the
annual or extraordinary meetings and the meetings of the Executive
Committee;
(b)
Represent the Association whenever a formal representation is necessary
;
(c)
Exercise all the powers and functions of a Chairman in the meetings of
the General Body and the Executive Committee including giving a casting
vote in case of a tie;
(d)
Perform such other functions as might be required by the Rules or by the
Executive Committee or general meetings of the Association.
7A. Vice-President :
The
Vice-President shall perform all such functions and duties assigned to
the post of President in his absence and as may be assigned by the
Association.
8. Secretary :
The
Secretary shall be the Ex-Officio Treasurer and shall subject to the
control and supervision of the Executive Committee,
(a) be
in charge of the day to day management of the funds and affairs of the
Association ;
(b)
give effect to the resolutions of the General meetings and of the
Executive Committee;
(c)
spend the funds of the Association in accordance with the Budget, in
paying the salaries of the servants, in purchasing books, furniture and
cause list, and requirements for the Library and for other purposes
connected with the management of the Association, provided that no
expenditure on any particular item exceeding Rs. 100/- shall be incurred
without prior approval of the Executive Committee;
(d)
convene all meetings of the Association and the Executive Committee;
(e)
keep and maintain the accounts to be audited every year and minutes of
the meetings of the Association, and the proceeding of the Executive
Committee and of any other Committee appointed either by the Association
or the Executive Committee;
(f)
generally supervise the working of the various activities of the
Association;
(g)
perform such other functions as he may be required to perform by the
Executive Committee and the Association in accordance with the objects
of the Association.
8.A: Joint Secretary :
The
Joint Secretary shall assist the Secretary in discharge of functions and
also do all such things which may be assigned to him by the
Association.
9. Assistant Secretary :
The
Assistant Secretary shall assist the Secretary in his duties and also
perform any duties specifically required by the Executive Committee to
be performed by him.
9.A : Assistant Secretary (Library)
The
Assistant Secretary (Library) shall remain in charge of Bar Library on
behalf of the Executive Body and also look after the day-to-day affairs
of Library and also discharge all such functions as may be decided by
the Association.
10. Vacancy in the Executive Committee :
Any
casual vacancy in the Executive Committee except that of the President,
Secretary and Assistant Secretary, shall be filled up by co-option by
the Executive Committee. In case of a vacancy occurring in respect of
President, Secretary or Assistant Secretary, the vacancy shall be filled
up by fresh election in a general meeting convened for the purpose.
11. Annual General Meeting :
Annual
general meeting shall be convened by the Secretary every year to meet
before the end of the month of July for the following purposes :
(a)
Election of the President, Secretary, Assistant Secretary and members of
the Executive Committee;
(b)
Presentation and approval of the audited accounts of the past year;
(c)
Transaction of any other business as may be necessary.
12. Other General Meetings :
The
Secretary, in consultation with the President may convene a general
meeting.
13. Extra-Ordinary Meetings :
An
extraordinary general meeting shall be convened by the Secretary at the
requisition of at least ten members in writing and addressed to the
Secretary & accompanied by the statement explaining the purpose for the
meeting.
14. Notice of Meetings :
Notice
of meetings shall be given by fixing up a notice along with the agenda
on the notice board of the Association and also by circulating it in the
High Court on a working day to such members as are present or can be
found seven clear days before the day of the meeting in case of the
annual general meeting and two clear days in case of other general
meetings and after such fixation and circulation no meeting shall be
called in question on the ground of improper service or non-service of
the notice on any member or the insufficiency or impropriety of the time
allowed or fixed by the notice, General meetings for the purpose of
disposing of any urgent business may however be convened with shorter
notice.
15. Quorum of Meeting :
Thirty
members shall form a quorum for any General meeting of the Association
including an extraordinary General meeting and four members for a
meeting of the Executive Committee. If it is found that there is no
quorum the meeting shall adjourn without transacting any business except
fixing a date and time for the adjourned meeting and in the adjourned
meeting no quorum will be necessary.
16. Resolutions :
Except
as hereinafter provided all questions at the meeting of the Association
shall be decided by a majority of votes of members present and voting.
The person presiding shall have a casting vote in case of a tie.
Provided that no member who is in arrear of subscription for more than
two months and is thus liable to be removed from the Roll of members,
shall be entitled to participate and vote in any such meeting.
17. The decision arrived at a meting
shall be binding on all members of the Association. The Secretary or
the Assistant Secretary shall keep a record of the proceedings of all
general meetings of the Association. Such record shall be open to
inspection by members of the Association only.
18. Amendment of rules and Regulations :
The
Rules and Regulations shall not be amended, altered or modified except
by a majority of two thirds of the members present at a general meeting
specially convened for the purpose.
19. Library :
(a) A
member of the Executive Committee of the Association shall be specially
in charge of the Library and shall look to the day to day maintenance of
the Library and supervise the work of the Librarian.
(b)
There shall be register of books containing separately the list of the
reference books and the Law reports.
(c)
Members requiring books for use in Court premises will get them on
giving a receipt to the Librarian to be returned before the close of
Court hours. No member shall be eligible to retain the books borrowed
for more than a day or to remove the books from Court premises. Any
member violating the present rule may be deprived of the right of using
the Library by the Executive Committee for any specified period and
shall be liable to pay a detention fee of Rs.0.25 np per book for each
of day of detention.
(d)
Members shall not be allowed to mark, underline or spoil any book or the
binding thereof. Any member so spoiling any book or the binding thereof
or loosing any book belonging to the Association Library shall be
required by the Executive Committee to replace it.
(e) Any
member failing to replace a book spoiled or lost or to return a book
borrowed shall be liable to pay to this Association the costs of
replacement and compensation to be determined by the Executive
Committee. On failure to deposit the cost of replacement and
compensation within a reasonable time to be fixed by the Executive
Committee, the name of the defaulting member shall be liable to be
removed from the Roll of Members and the Secretary may take legal steps
to recover the amount due to the Association.
21. Properties of the Association :
No due
who is not a member of the Association shall be entitled to use the
furniture, stationery, books or other properties of the Association.
22. Suits :
The
Secretary authorized by the Executive Committee may sue or be sued or
take other legal proceedings on behalf of the Association.
23. The
present Executive Committee shall continue to hold office, until the new
Executive Committee is elected under these rules.
24. If
any matter arises, about which no provision has been made in the
aforesaid rules, the decision of the general meeting thereon shall be
final and shall not be called in question in any proceedings
whatsoever.
We
the undersigned members of the executive committee of the high court bar
association cuttack do hereby certify that the above is a correct copy
of the rules and regulations of the said association.
This 5th
day of September 1961, CUTTACK.
Sl. No.
Names Address &
Signature
1. Sri L.K.
Dasgupta, Advocate, Ganga Mandir,
Sd/-
Cuttack.
7. Sri G. Rath,
Standing Counsel, Jail Road, Sd/-
Cuttack.
6. Sri R. N.
Misra, Advocate, Stoney
Road, Sd/-
Cuttack.
4. Sri S.
Acharya Advocate, Station
Road, Sd/-
Cuttack.
5. Sri
R.K.Mahapatra, Advocate, Telenga Bazar,
Sd/-
Cuttack.