CHAPTER-1

• Short title, Commencement and Definitions:-
  • These rules may be called the Uttar Pradesh Bar Council Employees Service Rules 2004 herein after referred to as “these regulations or the Rules.”
  • These Rules shall come into force the date of approval by the Bar Council of State of Uttar Pradesh/Bar Council of India.
• Definitions:-
  In these Rules unless there is any thing repugnant in the subject to context:-
  • “Act” means the Advocates Act, 1961 as amended from time to time.
  • “Bar Council of India” means the Bar Council of India constituted under Section 04 of the Advocates Act, 1961.
  • “State Bar Council” means Bar Council of Uttar Pradesh constituted under Section 03 of the Advocates Act. 1961.
  • “Committee” means the Executive Committee constituted in accordance with the Advocates Act, 1961 and Rules framed there under.
  • “Appointing Authority” means the Executive Committee / Chairman /Vice-Chairman empowered to make appointment to the posts except Secretary, Assistant Secretary and Accountant / Office Superintendent.
  • “Constitution” means the inquiry under Rule (57, to 63) of these rules.
  • “Departmental Inquiry” means the inquiry under Rule (57 to 63 ) of these Rules.
  • “Disciplinary Authority” means an Authority empowered under Rule (57 and 58) to impose penalties.
  • “Chairman” means the Chairman of the Bar Council of Uttar Pradesh.
  • “Vice-Chairman” means the Vice-Chairman of Bar Council of Uttar Pradesh .
  • “Government” means the Government of India.
  • “State Government” means Government of State of Uttar Pradesh.
  • “Members”/ Staff means a person appointed to the service by absorption promotion or direct appointment in accordance with these rules.
  • “Group-A, B, C & D posts” means the posts mentioned as such in the Service Rules or in the order of the Bar Council of U.P. issued from time to time in this regard.
  • “ Secretary” means the Chief Executive Officer by whatever name called in the State Bar Council appointed under the Advocates Act 1961.
  • “Service” means the Bar Council of Uttar Pradesh Service created under Section 11 of the Advocates Act, 1961 read with section 15 (1) (K) of the Advocates Act.
  • “Assistant Secretary” means the Assistant Secretary appointed ad is a Assistant Chief Executive Officer by whatsoever name called of the State Bar Council.
  • “Rule” means the Bar Council of U.P. rules.
  • “Convener” means the Convener of the Executive Committee constituted under the Advocates Act, 1961.
  • “Equivalent Posts” means any two or more posts in the Service carrying identical time scale.
  • “Relation” means Husband, son/Daughter, Father/Mother Father-in-Law, Mother-in-Law. Wife’s Brother, Husband’s Sister, Husband’s Brother, Grand Son or Grand Daughter, Father’s Son-in-Law. Daughter-in-Law and Sister’s Husband.
  • “Key-personnel” means the Office Superintendent and the Accountant, any other post carrying on the same pay scale.

CHAPTER-II

Scope, Strength of Service, Appointing Authority and Absorption:

• These Rules shall govern the recruitment, appointment, transfer, punishment, pay allowance, leave, training, promotion / reversion termination. Disciplinary proceedings, removal, dismissal and other matters relating to conditions of service of the members appointed to posts included in the service, from time to time.
• The strength of the Cadre shall be one Secretary State Bar Council and One Assistant Secretary, One Office Superintendent and One Accountant and also such other category of grades of o\posts within the service already created or which may ne created with the prior approval of the State Bar Council from time to time.

Appointing Authority

• The authority to appoint the members of the service shall vest with the Executive Committee. With the prior approval of State Bar Council except that of Secretary, Assistant Secretary, Office Superintendent and Accountant.
• (a) The existing regularly recruited and appointed employees of the Bar Council opting to become members of this service Rules:- Their services shall be deemed to be absorbed.

Qualification

The qualifications of the Secretary Assistant Secretary, Office Superintendent, Accountant, Section Officer, Stenographer, Clerk / Office Assistant, Compute Assistant, Daftari. Electrician, Guard / Chawkidar, Peon and other staffs of the Bar Council of Uttar Pradesh as per schedule A attached with this Rules.

CHAPTER-III

Pay, Allowances and Increments.

• • (i) The scale or pay of the members of the service shall be such as provided hereinafter and as per this Schedule- B attached with this Rules.
    
    (ii) The scale of pay of the members of the service shall be revised from time to time as is being revised by the state government/ as provision of pay scale by the state government.
  • (b) The members of the service shall be entitled to such allowances as may be determined by the state government with the permission of the Chairman / Vice-Chairman of the Bar Council of Uttar Pradesh.
  • The traveling allowance including transfer traveling allowance shall be admissible to the members of the service as may be prescribed by the Executive Committee with the prior approval of the Bar Council of Uttar Pradesh.
• Subject the provisions of these Rules pay and allowances shall accrue from the date of commencement of the service of any member.
• • No member shall be allowed any salary in advance except on transfer. On his transfer he shall be entitled to draw one month’s basic pay in advance from the Bar Council and he shall be liable to refund such advance in three equal monthly installments to the Bar Council within the next three months following failing which the said advance shall be deducted from him salary by the Bar Council in lump sum.
  • Salary shall ot be payable to any member for the notice period, if he leaves or discontinues his service without due notice as provided in the Rule unless such notice has been waived y the appointing authority.
• Salary shall cease to accrue as soon as the member ceases to be member of the service. In case he is dismissed or removed fro service or dies while in the service, the salary shall cease from the date of his dismissal, removal or death, as the case may be.
  Note:- In the case of death, salary for the day of death shall be payable (if due), irrespective of the time of death.
• 11. The appointing authority or the person authorized for the purpose when ordering reversion of a member of the service as penalty from higher to lower grade, shall not allow him to draw pay exceeding the maximum of the pay scale of the lower grade or the pay drawn by him in the higher grade before reversion whichever is less.
• A member on his first appointment shall commence to draw his salary from the date on which he assumes his duties, if the charge taken over in the forenoon of that date and from the following working day, if the charge is taken over in the afternoon of that date.

Fixation of pay

• The initial pay off the member of the service in the higher grade shall be fixed at the stage next above the pay arrived at by notionally increasing his pay in the lower grade by one increment at the stave at which such pay has accrued. Provided that in no case the member shall get less than the minimum of the higher grade.
• (a) In addition to allowance admissible under Rule the member shall be entitled to such bonus as may be declared by the Bar Council. The burden of such onus shall be borne only to the extent of bonus declared for its employees.
  
  (b) The member may additionally be grated ex-gratia as may be decided by the Bar Council of U.P. on the basis of overall performance of the State Bar council.
• (a) Annual Increments in the scale of pay admissible to the members shall be allowed by be Chairman of the State Bar Council in case of key0personnels in the usual course.
  
  (b) A member shall be allowed to cross Efficiency Bar when due by the committee after proper consideration of the entries in his character roll of the last 5 years and the report about his work and worth from the Chairman in case of Secretary and from the Secretary in case of key, personnel’s with the prior approval of the State Bar Council.
  
  (c) The case of a member who has been held up at the Efficiency Bar shall be reviewed every year until it is allowed by the competent authority, The authority allowing the crossing of the Efficiency Bar shall also fix the pay of the member at a state not exceeding what he would have reached, had he not been held up at the Efficiency Bar provided that no arrear shall be allowed.
  
  (d) A member whose Efficiency Bar has not been allowed may appeal to the Bar Council of Uttar Pradesh.
• When the pay scale of the post is revised the existing incumbent of that post shall be allowed an option to retain his old pay scale or to opl the new pay scale, and the option once exercised shall be final.

CHAPTER – IV

Strength of Staff, Recruitment; Appointment, Probation, Confirmatio, Termination and Retirement.

• • Strength of Staff:-
    (i) Subject to the provision in its budget and the requirements of its work, State Bar Council shall maintain one or more categories of employees as may be necessary. The strength of the Bar Council of Uttar Pradesh, as per Schedule – A as exist, attached with this rules.
    
    (ii) Expansion of staff or enhancement of pay scale if necessary, may be made by the Bar Council of U.P.
  • Recruitment:-
    (i) Recruitment for all appointments in a State Bar Council shall be made through the selection committee whether the recruitment is
    
    (a) Direct or
    
    (b) By promotion from employees already in the service.
    
    (ii) When the Executive Committee / Chairman / Vice-Chairman or ay other authority competent to make the appointment proposed to fiss up as a stop gap measure for a period not exceeding six months a post by promotion from amongst the employee the just below cadre on the principle of seniority subject to the rejection of the unfit.
    
    Provided that any appointment thus made without consultation with the State Bar Council shall in every case, cease to have effect from the date on which the period of six months expires and the employees promoted to the higher post shall unless he has already been reverted to his original post within the said period of six months be deemed to have reverted from that date, to the post held by him immediately before such promotion.
    
    Provided further that the employee appointed to the higher post under this clause shall, in no circumstances, be promoted under this sub clause to any still higher post within the said period of six months nor shall be appointed under this clause to the same post again after his reversion under the first proviso.
    
    (iii) To facilitate the performance of the duties enjoined upon the State Bar Council under Clause (i), the executive committee shall communicate to the 31st December every year the approximate number of vacancies likely to during the course of the next calendar year by reasons of creation of new posts, retirement, or otherwise.
    
    (iv) Not with standing anything contained in Clause (i) recruitment to in categories IIIrd and IVth shall be made by a selection committee which, consist of:
    
    (a) Chairman and Vice-Chairman
    
    (b) Convener of the executive committee who shall be the Chairman/Convener.
    
    (c) Two member of the executive committee, (Nominated by the Executive Committee).
    
    (d) Two members of the Bar Council (Nominated by the Bar Council).
    
    (v) Selection made by the Selection Committee referred to in clause shall be subject to the approval of the State Bar Council and appointments shall be made after the approval of the State Bar Council.
  • With the previous approval of the State Bar Council categories the posts in every cadre of its staff in categories I, II, III and V keeping in view the emoluments, duties and functions of the employees.
  • The minimum education qualifications and experience required of candidates for direct recruitment shall be such as specified by hereinafter in view of the nature of duties and responsibilities attached to the post.
  • Persons who have been dismissed from service shall not be eligible for appointment in a State Bar Council.
  • Pay scale of the employees shall be such as may be
    
    (a) In force on the date of commencement of these Rules.
    
    (b) Revised by the Executive Committee subject to the provisions of these Rules.
    
    The vacancies of Secretary shall be filled up by the State Bar Council in the manner as provided here in above. The vacancies of Assistant Secretary shall be filled in by the committee with the prior approval of State Bar Council.
    
    The vacancies of key personnel’s except of Account by Executive committee.
    
    No person shall be considered for selection to any vacancy to be filled up unless he fulfills the qualifications and other conditions as laid down in Rule No. 6.
    
    During the absence of a member on leave or otherwise and until arrangements is made, the Assistant Secretary will perform the duties and functions of the Secretary. The arrangement on the post of key-personnel shall be made by the Committee from amongst the Grade – II employees of the State Bar Council in above circumstances.
• Every person before entering the Service shall declare his date of birth which shall not differ from that entered in his High School Certificate and in its absence any other document considered equally valid for purpose of age.
• Every person selected for appointment by direct recruitment shall before foining duty, be required to furnish-
  
  (a) A medical certificate of fitness from the Chief Medical Officer.
  
  (b) A Certificate of good character from two responsible persons of Gazetted Officers.
  
  (c) A declaration by the candidate to the effect that he is either a bachelor or. If married, has not more than one wife living.
• Every person selected for appointment by direct recruitment shall declare his date of birth which shall not differ from that entered in his High School Certificate and in its absence any other document considered equally valid for purposes of age.
• The appointment to the service shall be made by the committee. Provided that the letter of appointment shall be issued by the Secretary. The letter of appointment shall contain the name of the candidate, place of posting nature of appointment. Probationary period and security, if any, salary with scale and conditions 22 and the date by which he has to join.
• The first appointment shall be made on the minimum pay of the grade in which the appointment is made, provided that if the basic pay of the appointee drawn by him in the Bank or his parent department at the time of his appointment to this service exceeds, the minimum pay of the grade, in which he is appointed, he shall be entitled to draw his pay at the next higher stage of the grade.
• (a) Every person appointed to any post including in the service by promotion or direct recruitment shall required to be on probation for a period of one year form the date of appointment.
  
  (b) The Committee may at their discretion, extend the period of probation in writing by further period not exceeding one year.
  
  (c) On satisfactory completion of he period or such extended period the member, shall be confirmed against substantive of any available or on occurrence of such vacancy.
  
  (d) During the period of probation or extension thereof, an employee directly recruited may be terminated from service without notice. An employee promoted from a lower post to higher post may be reverted to the lower post by the Committee during the probation without notice or any allowances in lieu thereof.
  
  (e) The committee may depute any member of the service to undergo any course or courses of training and or pass the examination connected with General Laws Management and financial Control, and other allied subject concerning the business of the State Bar Council and Affiliated Association, as per syllabus prepared by the Committee.
  
  (f) The employee deputed for training shall be required to execute a bond agreeing to remain in the service for at least three years after the date of competition of the training, failing which he shall be liable to pay the expenses incurred with the prior approval of State Government.

Confirmation

• Confirmation on satisfactory conclusion of the probationary period, shall be made y the appointing authority.

tormination

• (a) The service of a member of this ‘service’ shall be terminable:-
  
  (i) In case of temporary service on one month’s notice in writing on either side or in lieu there of by payment of one month’s salary by the party which has given notice. Provided that in case of appointment made for a specific period, it shall not be necessary to give any pay in lieu thereof:
  
  (ii) By three month’s notice in writing on either side in case of a confirmed member of the ‘Service’.
  
  Explanation:- Notice given by a member of the ‘Service’ shall be deemed proper only if he remains on duty during the period of the notice :
  
  (b) The expression ‘month’ used in this Rule shall be a period of thirty days commencing on the date immediately following the date on which the notice is received by the member or the appointing authority, as the case may be.
• Notice of termination on behalf on the Executive Committee shall be given by the Secretary / Assistant Secretary.
• (a) (i) Secretary the case of retirement of Secretary.
  
  (ii) Assistant Secretary
  
  (iii) Office Superintendent
  
  (iv) Accountant
  
  (b) Not with standing any thing contained in clause (a) above any member of the ‘Service’ may be required by the Executive Committee or permitted at his own request to retire from the ‘Service’ on attaining the age of 55 years.
  
  (c) Notice contained in clauses (a) and (b) above shall effect the right or the Bar Council of U.P. to retire a member on his being incapacitated for future continuance in service due to his continued illness. Provided that before acting upon this clause the Committee constituted by the Bar Council for the purpose shall hear the member and alsosatisfy itself about the nature of his incapacity.
  
  (d) A member retired under clauses (b) and (c) above may represent to the State Bar Council within 45 days of the issue of the order of retirement and the State Bar Council may take such decision on the representation as it may deem fit.

CHAPTER – V

Service Recard, Seniority, Reversion and Retrenchment Service Record

• (a) The Committee Chairman / Vice-Chairman shall maintain the following service records in respect of the members of the Service :-
  
  (i) Personal file of every member containing copy of his appointment order, certificates required copies of warnings, leave order, orders of allowing or disallowing Efficiency Bar, order of punishment, if any and other service records as may be necessary.
  
  (ii) Service Book on form as per Appendix ‘A’
  
  (iii) Character roll on form as per Appendix ‘B’
  
  (b) Annual character roll entries shall be recorded by the Secretary. The Chairman / Vice- Chairman shall call for the remarks of the secretary and Assistant Secretary regarding the performance of key-personnel, which shall be recorded as such. In case of secretary Assistant Secretary / Accountant the Bar Council of U.P. will be competent to take decision.
  
  (c) The remarks shall be recorded ordinarily within 3 months of the close of the financial year. Adverse remarks shall be communicated to the members (s) within a period of 2 months. An appeal against the adverse remarks shall be made within 90 days from the receipt of such communication to the Secretary / Assistant Secretary who shall place a before the Committee / Chairman / Vice- Chairman for its decision.

Seciority

• (a) Seniority of a member of the Service shall be determined as follows:-
  
  (i) Seniority of a member of the Service shall be determined according to the date of his confirmation. If the date of confirmation of any two or more member is the same the seniority shall be determined according to the dates of their births.
  
  (ii) Until confirmation the inter seniority of members shall be according at to the order of the merit list drawn up by the Selection Committee at the time of recruitment.
  
  (b) In the case does not fall clearly under any of the provisions of the forgoing sub – clauses (i) and (ii) and there is consequently any doubt or dispute on the Issue, the matter shall be referred to the state Bar Council whose decision shall be final. Retrenchment
• (a) Subject to the approval of the State Bar Council the committee / Chairman / Vice- Chairman may retrench a member of the service in order to effect economy.
  
  (b) In making retrenchment the policy shall be to retrench the junior most member of the Service. Resignation
• (a) A member of the service may resign by giving notice as provided is this Rule unless the appointing authority dispenses with the period of notice in special circumstances.
  
  (b) Resignation shall take effect from the date of acceptance.
  
  (c) If any records, book or property of the State Bar Council are found to have been detained by the member he shall continue to be liable for the same inspire of the acceptance of his resignation

CHAPTER –VI

• (a) Every member of the Service shall be entitled to deferent kinds of leave, via casual leave, deemed leave, medical leave, medical leave with pay and etc. as is admissible to the employee of the State Government, Salary during the leave period shall also be paid according to the rules applicable to Government employees.
  
  (b) Notwithstanding any thing contained in these regulations if any member of the Service does not join his duties after expiry of all leave including medical leave without pay, his service shall be deemed to have been automatically terminated forth with, without any further determination.

Encashment

• A member of the Service may be allowed salary for equal number of days of deemed leave not exceeding 30 days surrendered by him in a financial year. Provided that no salary shall be given where the leave left to the credit of the member is less than 30 days on the preceding 31st of March. For calculating the salary in lieu of leave the rate of pay drawn in the month of March last shall apply as well another kinds of leave.
• Casual leave shall be sanctioned by the Chairman / Vice-Chairman of the State Bar Council or any other authority performing the functions of the Chairman in case of Secretary and also of the Assistant Secretary the Office superintendent, the Accountant and key-personnels.

Joining time

• (a) Joining time to a member of the service may be allowed in accordance with the rules applicable to the employees of the State Government.
  
  (b) Salary for the joining period and transfer allowance shall be paid as per rule.

CHAPTER – VII

Posting and Tracsfer

• The Chairman / Vice-Chairman shall be competent to post or transfer any member of the service as per Rule 9 from one place to another place against any equivalent post.

CHAPTER – VIII

Conduct and Indiscipline

• The whole time of the members of the Service shall be at the disposal of the State Bar Council of his posting and he shall serve the State Bar Council in its business in such capacity and during such hours and at such places he may from time to time be required.
• Every member of the service subject to the provisions of the Rules shall work under such administrative control of the Chairman / Vice- Chairman and the Committee and perform such duties and exercise such powers as may be enjoyed upon or conferred on him under the provisions of the Act and the Rules.
• No member shall divulge to any person, the business secret of the State Bar Council or reveal the business information of a confidential nature which during the course of his employment has come to his possession or knowledge or has been collected by him. Provided that with the previous permission of his superior officer, he may communicate only that portion of the information which in needed by a competent authority for disposal of dispute or conduct of enquiry, inspection and audit or where such information is required to be produced before a court of law.
• Every member of the service shall give an undertaking that he shall keep and maintain secretary as laid down in these Rule failing which he shall be liable for disciplinary action.
• (a) Every member shall serve the State Bar Council with honesty and faithfulness and shall use his utmost endeavor to promote the interest of the State Bar Council. He shall also show courtesy and attention in his dealing towards all persons having relations with the State Bar Council.
  
  (b) Subject to the provisions of any law relating to intoxicating drinks, or drugs for the time being in force in any area, no member of the service shall:-
  
  (i) While on duty, be under the influence of such drinks or drugs, or
  
  (ii) Appear in a public place in a state of intoxication, or
  
  (iii) Habitually use such drinks or drugs
  
  (c) No member of the service shall:-
  
  (i) Indulge in disorderly or indecent behavior, Gambling or betting or committing nuisance within the premises of the State Bar Council or do anything which disturbs or dislocates the business of the State Bar Council.
  
  (ii) Cause or attempt to cause willful damage to the property of the State Bar Council or of persons dealing with the State Bar Council.
  
  (iii) Abet or instigate any of the employees for acts of misconduct omission or violation of duties, or
  
  (iv) Miss utilize loans or advances obtained from the State Bar Council or the property of the Stat Bar Council under his charge or care; or
  
  (v) Organize or attend any meeting other than a meeting connected with the State Bar Council within its premises without the permission of the Chairman of the State Bar Council.
• No member of the service shall take part or associate himself with any political demonstration nor, shall he take part, as a candidate canvas or otherwise use his influence in any political election to the Committee / State Bar Council and etc.
• 43. No member of the service shall make ay statement to the press or contribute articles to the press or magazine or give any talk on the radio is connection with the affairs of the State Bar Council without permission of the Chairman. He shall not ventilate any personnel grievance through press or leaflets.
• No member shall accept, solicit or seek any outside employment or office whether stipendiary or honorary, without previous permission in writing from the Bar Council of Uttar Pradesh.
• No member shall join any educational institution for further studies except with the prior sanction of the Chairman of the State Bar Council. The permission so required shall be given only in suitable cases and for specific period and only when the Chairman is satisfied that according of such permission to the member shall be without any determent to the efficient discharge of his duties.
• A member shall not solicit or accept any gift or gratification from any subordinate employee or a person who has any dealings with the State Bar Council.
• No member shall personally carry on any other activity for pecuniary gain anywhere on his own account or as an agent for others without prior written permission of the Bar Council of Uttar Pradesh.
• (a) A member shall not absent himself from his duties without permission from the Chairman of the State Bar Council in case of Secretary and also in case of assistant Secretary. Office Superintendent, accountant other employees.
  
  (b) A member who absents himself from duty without leave or over stays beyond his leave, except under circumstances beyond his control for which he must tender a satisfactory explanation, shall not be entitled to draw any pay and shall further be liable to such action as may be imposed on him under the circumstances.
• A member must not absent himself from his duty without obtaining the previous sanction from the Chairman of the State Bar Council.
• A member shall not speculate in stocks, securities, bullion or commodities of any description.
• A member shall not approach or prefer an appeal (except as provided in these Rules) or represent personally to any member of the committee and also of Bar Council on any matter concerning his service. Provided that nothing herein contained shall be deemed to prohibit a ember from making any legitimate representation concerning his service to the authorities competent to entertain such representation.
• (a) A member shall not borrow money from or in any way place himself under, a pecuniary obligation to any employee of the State Bar Council.
  
  (b) No member shall make or permit any member of his family to make any such transaction as is likely to embarrass of influence him in the discharge of his duties.
  
  Explanation:-‘Family’ under this rule shall mean wife, husband, sons and dependant (1) daughters (2) brothers (3) father (4) mother (5) sisters (6) grand sons and grand daughters.
• No member shall bid in any auction of the property belonging to the State Bar Council either directly or indirectly.
• Every member shall in the last fortnight of the month of March in every alternate year disclose his assets in writing to the Secretary.
• No member who has a wife / husband living, shall contract another marriage.
• (a) A member arrested on a criminal charge shall be placed under suspension from the date of his arrest. Provided that of he is released on bail or on recognizance he may be permitted to resume and continue on duty. Provided further that his duties may be varied if continuance on original duty be inexpedient or prejudicial to the interest of the State Bar Council in the opinion of the appointing authority.
  
  (b) A member who is convicted of a criminal charge by a criminal court shall be liable to dismissal.
  
  Explanation:- “Conviction” means sentence of imprisonment, fine or both.

CHAPTER – IX

Penalties, Disciplinary Proceedings and appeal Penalties

• Penalties:- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed upon the employees of the Bar Council.
  
  (a) Minor Penalties:-
  
  (i) Censure,
  
  (ii) Withholding of increments for a specified period.
  
  (iii) Stoppage at an efficiency bar
  
  (iv) Recovery from pay of the whole or part of any pecuniary loss caused to Bar Council by negligence or breach of orders.
  
  (v) Fine in case of persons holding Group ‘D’ posts
  Provided that the amount of such fine shall in no case exceed twenty five percent of the months pay in which the fine is imposed.
  
  (b) Major Penalties:-
  
  (i) Withholding of increments with cumulative effect.
  
  (ii) Reduction to a lower post or grade or time scale or to a lower stage in a time scale,
  
  (iii) Removal from the services which does not disqualify from future employment.
  
  (iv) Dismissal from the service which disqualify from future employment.
  
  Explanation:- The following shall not amount to penalty within the meaning of this rule, namely;
  
  (i) With holding of increment of a employee of the Bar Council for failure to pass a departmental examination or for failure to fulfill any other condition in accordance with the rules or orders governing the service.
  
  (ii) Stoppage at the efficiency bar in the time scale of pay on account of one not being found fit to cross the efficiency bar;
  
  (iii) Reversion of a person appointed on probation to the service during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation;
  
  (iv) Termination of the service of a person appointed on probation during or at the end of the period of probation in accordance with the terms of the service or the rules and orders governing such probation.
• • Disciplinary Proceedings:-(a) The disciplinary proceedings against a member shall be conducted by the Inquiring Officer with due observance of the principles of natural justice for which it shall be necessary that.
    
    (i) The member shall be served with a charge-sheet duly approved by the Secretary containing specific charges and mention of evidence in support of each charge and he shall be required to submit explanation in respect of the charge within reasonable time which shall not be less than fifteen days;
    
    (ii) Such a member shall also be given an opportunity to produce at his own cost or to cross-examine witnesses in his defense and shall also be given an opportunity of being heard in person, if he so desires.
    
    (iii) If no explanation in respect of charge sheet is received or the explanation submitted is unsatisfactory the competent authority may award appropriate punishment considered necessary.
    
    (b) (i) Where a member is dismissed or removed from service on the ground of conduct which has led to his conviction on a criminal charge; or
    
    (ii) Where the member refuses or fails without sufficient cause to appear before the inquiring officer when specifically called upon in writing to appear; or
    
    (iii) Where a member has absconded and his where about are not known to authority for more than three months; or
    
    (iv) Where it is otherwise (for reasons to be recorded) not possible to communicate with him, the competent authority may award appropriate punishment without taking or continuing disciplinary proceedings;
    
    (c) Disciplinary proceedings shall be taken by the appointing authority against the member either sue motto or on a report made to this effect by an Inspecting authority or the chairman or Vice-Chairman of the State Bar Council under whose control the member is working or may have worked.
    
    (d) The Inquiring Officer shall be appointed by the Executive Committee / Chairman / Vice-Chairman. Provided that the Officer at whose instance disciplinary action was stared shall not be appointed as an inquiry officer nor shall the inquiring officer be the appellate authority.
  • Suspension:-(i)An employee of the Bar council against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry in the discretion of the appointing authority.
    
    Provided that suspension should not be resorted to unless the allegations against the employees of the Bar Council are so serious that in the event of their being established may ordinarily warrant major penalty.
    
    Provided that also that in the case of any employee of the Bar Council or class of employees of the Bar Council the appointing Authority may delegate its power under this rule to the next lower authority.
    
    (ii) An employee of the Bar Council in respect of, or against whom an investigation inquiry of trial relating to a criminal charge which is connected with his position as a employee of the Bar Council or which is likely to embarrass his in the discharge of his duties or which involves moral turpitude, is pending may at the discretion of being appointing authority or the Bar Council or the Authority to whom the power of suspension has been delegated under these rules, be placed under suspension until the termination of all proceedings relating to that charge.
    
    (iii) (a) An employee of the Bar Council shall be deemed to have been placed or, as the case may be continued to be placed under suspension by an order of the authority competent to suspend, with effect from the date of his detention, if he is detained in custody whether the detention is one criminal charge or otherwise, for a period exceeding forty eight hours.
    
    (b) The aforesaid employee of the Bar Council shall, after the release from the custody, In form in writing to the Competent Authority about his detention and may also made representation against the deemed suspension. The competent authority shall , after considering the representation in the light of the facts and circumstances of the case as well as the provisions contained in this rule, pass appropriate order continuing the deemed suspension from the date of release from custody or revoking or modifying it.
    
    (iv) Employee of the Bar Council shall be deemed to have been placed or, as the case may be continued to be placed under suspension by an order of the Authority competent to suspend under these rules, these rules w.e.f. the date of his conviction of in the event of a conviction for an offence he is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed consequent to such conviction.
    
    Explanation:- The period of forty eight hours referred to in sub rule will be computed from the commencement of the imprisonment after the conviction and for his purpose, intermittent periods of imprisonment, if any shall be taken to account.
    
    (v) Where a penalty of dismissal of removal from service imposed upon an employee of the Bar Council is set aside in appeal or on review under these rules of under rules rescinded by these rules and the case is remitted for further inquiry or action or with any other direction:-
    
    (a) If he was under suspension immediately before the penalty was awarded to him, the order of his suspension shall subject to any such directions as aforesaid be deemed to have continued in force on and from the date of the original order of dismissal or removal.
    
    (b) If he was not under suspension, he shall, if so directed by the by the appellate or Reviewing Authority be deemed to have been placed under suspension by an order of the appointing authority on and from the date of the original order of dismissal or removal.
    
    Provided that nothing in this sub rule shall be construed as affecting the [per pf the Disciplinary Authority in a case where a penalty of dismissal or removal in service imposed upon a employee of the Bar Council is set aside in appeal or on review under these rules on grounds other than the merits of the allegations which, the said penalty was imposed but the case is remitted for further inquiry or action or with any other directions to pass an order of suspension pending further inquiry against his on those allegations, however, that any such suspension shall not have retrospective effect.
    
    (vi) Where penalty of dismissal or removal from service inposed unpn an employee of the Bar Council is sit aside or declared or rendered void in respect of or by a decision of a Court of Law and the Appointing Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, whether the allegations remain in their original from or are clarified or their particulars deter specified or any part there of a minor nature omitted.
    
    (a) If he was not under such suspension, he shall if so directed by the appointing authority be deemed to have bee placed under suspension by an order of the competent authority on and from the date of the original order of dismissal or removal.
    
    (b) If he was under suspension immediately before the penalty was awarded to him the order of his suspension shall subject to any direction of the appointed authority, be deemed to have continued in force on and from the date of the original order of dismissal or removal.
    
    (vii) Where an employee of the Bar Council is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against his during the continuance of that suspension the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the employee of the Bar Council shall continue to be under suspension till the termination of all or any of such proceedings.
    
    (viii) Any suspension ordered or deemed to have been ordered or to have continued in force under this rule shall continue to remain in force it is modified or revoked by the competent authority.
    
    (ix) An employee of the Bar Council placed under suspension or deemed to have been placed under suspension under this rule shall be entitled to subsistence allowance in accordance with the provisions of Fundamental Rule 53 of he Financial Hand Book, Volume II, Parts II to IV.
  • Pay and allowances trc. Of the suspension period:-
    
    After the order is passed in the departmental inquiry on the criminal case, as the case may be under these rules the decision as to the pay and allowances of the suspension period of the concerned employee of the State Bar Council and also whether the said period shall be treated as spent on duty or not, shall be taken by the disciplinary Authority after giving a notice to the said employee of the Bar Council and calling for his explanation with in a specified period under Rule 54 of the Financial Hand Book, Volume II, Parts II to IV
  • Disciplinary Authority:-
    
    The appointing authority of the employee or the Bar Council shall be his Disciplinary Authority who subject to the provisions of these rules may impose any of the penalties specified in Rule on him with the prior approval of the Bar Council of Uttar Pradesh. Provided that no person shall be dismissed a removed by a authority subordinate to that by which he was actually appointed Provided further that the Bar Council of U.P. subject to provisions of these rule shall be empowered to impose minor penalties mentioned in these rules;
    Provided also that in case of an employees of the Bar Council of U.P. / Appointing Authority / Disciplinary Authority, may delegate the power to Impose any penalty, except dismissal or removal from service under these rules, to any authority and subject to such conditions as may be prescribed therein.
  • Procefure for imposing major penalties:-
    
    Before imposing any major penalty on an employee of the Bar Council an inquiry shall be held in the following manner.
    
    (i) The Disciplinary Authority may himself inquiry into the charges or appoint an authority subordinate to him as inquiry officer to inquire into the charges.
    
    (ii) The facts constituting the misconduct on which it is proposed to take action shall be reduced in the form of definite charge or charges to be called charge- sheet. The charge-sheet shall be approved by the Disciplinary Authority / Appointing Authority.
    
    Provided That where the appointing authority is Bar Council of U.P. the charge – sheet may be approved by the Chairman / Vice-Chairman, as the case may be.
    
    
    
    (iii) The charges framed shall be so precise and clear as to give sufficient indication to the charged employees of the Bar Council of the facts and circumstances against him. The proposed documentary evidence and the name of the witnesses proposed to prove the same along with oral evidences, if any shall be mentioned in the charge sheet.
    
    (iv) The charged employees of the Bar Council shall be required to put in a written statement of his defense in person on a specified date which shall not be less than 15 days from the date of issue of charge sheet and to state whither he desires to cross examine any witness mentioned in the charge – sheet and whether desires to give or produce evidence in his defense. He shall also be informed that in case he does not appear of file the written statement on the specified date, it will be pressured that he has none to furnish and inquiry officer shall proceed to complete the inquiry ex-parte.
    
    (v) The charge – sheet along with the copy of the documentary evidences mentioned there in and list of witnesses and their statements, if any shall be served on the employee of the Bar Council personally or by registered post at the address mentioned in the official records in case the charge – sheet could not be served in aforesaid manner the charge – sheet shall be served by publication in a daily newspaper having wide circulation.
    
    Provided that where the documentary evidence is voluminous instead of furnishing its copy with charge sheet the charges employee of the Bar Council shall be permitted to inspect the same before the inquiry officer.
    
    (vi) Where the charged employee of the Bar Council appears and admits the charges, the inquiry officer shall submit his report to the Disciplinary Authority on the basis of such admission.
    
    (vii) Where the charged employee of the Bar Council denies the charges the Inquiry Officer shall proceed to call the witnesses proposed in the charge sheet and record their oral evidence in presence of the charged employee be given opportunity to cross examine such witnesses. After recording the aforesaid evidence, the inquiry officer who shall call and record the oral evidence which the charged employees of the Bar Council desired in his written statement to be produced in his defense ;
    
    Provided that the inquiry officer may for reasons to be recorded in writing refuse to call a witness.
    
    (viii) The Inquiry Officer may summon any witness to give evidence or required any person to produce documents before him in accordance with the provisions of the Uttar Pradesh Departmental Inquiries (Enforcement of Attendance of witness and Production of Documents) Act, 1976.
    
    (ix) The inquiry Officer may ask any question he pleases at any time of any witness of from person charged with a view to discover the truth or to obtain proper proof of facts relevant of charges.
    
    (x) Where the charged employee of the Bar Council does not appear on the date fixed in the inquiry or at any stage of the proceeding in spite or the service of the notice on him or having knowledge of the date, the inquiry officer shall proceed with the inquiry ex-parte. In such a case he inquiry office shall record the statement of witness mentioned in the charge-sheet in absence of the charged employee of the Bar Council.
    
    (xi) The disciplinary Authority, if it considers it necessary to do so, may by an order appoint an employee a legal practitioner, to be knows as ‘Presenting Officer’ to present on its behalf the case in support of the charge.
    
    (xii) The employee of the Bar Council may take the assistance of any other employee of the Bar Council to present the case on his behalf but not engage a legal practitioner for the purpose unless the presenting officer appointing by the Disciplinary Authority is a legal practitioner of the disciplinary Authority having regard to the circumstances of the case so permits.
    
    Provided that this rule shall not apply in following cases
    
    (i) Where any major penalty is imposed on a person on the ground of conduct which has led to his conviction on a criminal charge; or
    
    (ii) Where the Disciplinary Authority is satisfied, that for reason to be recorded by it in writing, that is not reasonably practicable to hold and inquiry in the manner provided in these rules; or
    
    (iii) Where the Bar Council is satisfied that in the interest of the security of the Bar Council it is not expedient to hold and inquiry in the manner provided in this rules.
  • Submission of Inquiry Report:-
    
    When the inquiry is complete, the inquiry officer shall submit its inquiry report to the disciplinary authority along with all the records of the inquiry. The inquiry report shall contain a sufficient record of brief facts, the evidence and statement of the findings on each charge and the reasons there of. The inquiry officer shall not make any recommendation about the penalty.
  • Actioin of Inquiry Report:-
    
    
    • The Disciplinary Authority may, for reasons to be recorded in writing, remit the case for re0 inquiry to the same or any other inquiry officer under intimation to the charged employee of the Bar Council , The inquiry officer shall there upon proceed to hold the inquiry from such stage as directed by the Disciplinary / Bar Council.
    • The disciplinary authority shall, if it disagree with the findings of the inquiry officer on any charge, record its own findings there on for reasons to be recorded
    • In case the charges are not proved the charged employee of the Bar Council shall be exonerated y the Disciplinary Authority of the changes and inform him according.
    • If the Disciplinary Authority having regard to its findings of all or any of charges is of the opinion that any penalty specified in rule 3 should be imposed on the charged employees of the Bar Council he shall give a copy of the inquiry report and his findings recorded under sub-rule (2) to the charged employee of the Bar Council and require him to submit his representation if he so desires, with a reasonable specified time. The Disciplinary Authority shall, having regard to at the relevant records relating to the inquiry and representation of the charged employees of Bar Council pass a reasoned order imposing one or more penalties mentioned in Rule 3 of these rules and communicate the same to the charged employee of the Bar Council.
  • Fricedure for imposing minor penalties:-
    
    
    • Where the Disciplinary Authority is satisfied that good and sufficient reasons exist for adopting such a course, it may, subject to the provisions of sub-rule (2) impose one or more of the minor penalties mentioned in Rule.
    • The employees of the Bar Council shall be informed of the substance of the imputations against him and called upon to submit the explanation within a reasonable time. The Disciplinary Authority shall, after considering the said explanation, if any, and the relevant records, pass such orders as he considers proper and where a penalty is imposed, reason there of shall be given the order shall be given. The order shall be communicated to the concerned employees of the Bar Council.
• Appeat:-
  
  
  • Except the orders passed under these rules by the Bar Council of U.P. the employee of the Bar Council shall be entitled to appeal to the next higher authority of the State Bar Council from an order passed by the Disciplinary Authority the appellate Authority shall consists of Chairman, Vice-Chairman and the Member, Bar Council of India from Bar Council of Uttar Pradesh.
  • The appeal shall be addressed and submitted to the Appellate Authority An employee of the Bar Council preferring a appeal shall do so in his own name. The appeal shall contain all material statements and argument relied upon by the appellant.
  • The appeal shall not contain any intemperate language. Any appeal which contains such language may liable to be summarily dismissed.
  • The appeal shall be preferred with in 90 days from the date of communication of impugned order. An appeal preferred after the said perod shall be dismissed summarily.
• Consideration of Appeal:-
  
  The Bar Council of U.P. / the appellate Authority shall pass such order, as mentioned in clauses 61 of these rules in the appeal, as he thinks proper after considering.
  
  • Whether the facts on which the order was based have been established.
  • Whether the facts established afford sufficient ground for taking action, and
  • Whether the penalty is excessive adequate or inadequate.
• Revision:-
  
  Not with standing any thing contained in these rules, the Bar Council of U.P. may of its own motion of on the representation of concerned employees of the Bar Council call for the record of any case decided by disciplinary authority, appellate authority in the exercise of any power conferred on such disciplinary authority by these rules, and
  
  • Confirm, modify or reverse the order passed by such disciplinary authority. Or
  • Direct that a further inquiry be held in the case,. Or
  • Reduce or enhance the penalty imposed by the order,
  • Make such other order in the case as it may deem fit.
• Review:-
  
  The Bar council may at ay time either on his own motion or on the representation of concerned employees of the Bar Council review any order passed by him under these rules, if it has brought to his notice that any new material or evidence which could not be produced or was not available at the time of passing the impugned order or any material error of law occurred which has the effect of changing the nature of the case.
• Opportunity before imposing or enhanching penalty:-
  
  No order under Rules imposing or enhancing ay penalty shall be made unless the employee of the Bar Council concerned has been given a reasonable opportunity of showing cause against the proposed imposition or enhancement, as the case may be.

CHAPTER – X

Provident Funds. Gratuity, Security, Honorarium and par advance

• Provident Funds:-
  
  (a) Every member of the service shall contribute towards Contributory Provident Fund at the rate of ten percent of salary (pay plus dearness allowance) and the State Bar Council also make matching contribution to this fund at the same rate.
  
  (b) The account of Contributory Provident Fund of each member shall be maintained in such manner as may be prescribed by the Executive Committee / Bar Council of Uttar Pradesh.
• Gratuity:-
  
  A member of the service shall be granted gratuity equivalent to 15 days salary for every completed year of service subject to a maximum of 20 months salary (part of year if less than six months to be ignored). If he has attained the age of retirement or has resigned or been declared invalid for service by Chief Medical Officer or has been retrenched or dies while he is in service.
  
  Provided that a member shall be eligible for gratuity only if be has put in at least 5 years of continuous service immediately preceding resignation, retrenchment invalidation or dath, In case of death gratuity shall be payable to the nominee of the member and in the absence of nomination to his legal heir.
  
  Provided further that:-
  
  (a) The gratuity of a member whose services have been terminated for any act of willful omission or negligence coursing any damage or loss to, or destruction of, property belonging to the Br Council in which he is working or may have worked, shall be forfeited to the extent of the damage or loss so coursed,
  
  (b) The gratuity payable to member shall be wholly forfeited:-
  
  (i) If the services of such member have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
  
  (ii) If this services of such member have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
• Security:-
  
  (a) Every member of the service shall furnish such security as may be specified by the State Bar Council.
  
  (b) The member shall be entitled to interest on the amount of his security rate admissible on savings bank account.
  
  (c) On the succession of service or death of the member the amount of his security together with interest due shall be refunded to the member’s nominee and case of death to his legal heir on production of no dues certificate.
  
  Provided that any claim or dues outstanding against the member shall be deducted from the amount of his security from various funds.
• Pay Advance:-
  
  No d\advance of pay shall be allowed to a member of the Service by the State Bar Council of Uttar Pradesh.

CHAPTER – XI

Suits and Criminal Cases

• (a) Where a civil suit or a criminal case arising out of the circumstances directly connected with the discharge of his duties is filed against a member of the Service and the member makes a request for the defense of the case at the cost of the State Bar Council, Executive Committee / Chairman / Vice-Chairman may consider such request and sanction defense of the case at the cost of the State Bar Council subject to the approval of the State Bar Council.
  
  (b) While seeking approval of the State Bar Council, the Executive Committee / Chairman / Vice-Chairman shall intimate reasons for offering defense at the cost of the State Bar Council and furnish such other information as may require for disposal of the request.
  
  Explanation:- Cases of members having bee charged with embezzlement, fraud, corruption or moral turpitude, shall not be treated to fall within the scope of this Rule.
• Event where a case against a member of the Service is:
  
  (a) Under police investigation, or
  
  (b) Pending judicial enquiry of trial, the Executive Committee / Chairman / Vice- Chairman may institute or proceed with department enquiry and take disciplinary action against the erring member,
  
  Provided that in the case covered under (b) the charges on which departmental enquiry is held or disciplinary action is taken are not those which are subjeudice.

CHAPTER – XII

Miscellaneous

• If any dispute or doubt the interpretation or application of any of the provisions of the Rules arises, the same shall be referred to the State Bar Council whose decision shall be final and binding on all concerned.
• The State Bar Council shall be competent to alter, add, vary or amend these Rules from time to time with the prior approval of the Bar Council of India.
• Any matter not converted under these Rules shall be Governed by the decisions taken by the Executive Committee.
• Save as otherwise provided in these Rules all orders concerning Service matters shall be issued under the signature of the Secretary / Assistant Secretary or the person authorized by him.

Draft / Written by:-

Shri Abdul Razzaque khan, Member
Convener, The executive Committee