The Lawyer's Chamber (Allotment & Occupancy) Rules, 1985
(Rules for Allotment of Chambers framed by the Bar Council of Bihar was approved by Bar Council of India vide Resolution No. 49 of 1986)1. These Rules may be called the Lawyer's Chambers (Allotment and Occupancy) Rules, 1985. It shall come into force at once. 2. In the Rules unless there is anything repugnant in the subject or context. -
(i) 'Applicant', shall mean an Advocate who has applied for Allotment of the Chamber under the provisions of the Rules or in pursuance of the notice issued by the Bihar State Bar Council.
(ii) 'Chamber', means the Chambers constructed by the Bihar State Bar Council for the use of lawyers, for their professional purpose only.
(iii) 'Bar Council', means the Bihar State Bar Council.
(iv) 'Chamber Committee', means a Committee appointed under Rule.
(v) 'Allottee', means a person to whom the Chamber has been allotted by the Chamber Committee under the provisions of the Rules or by resolution of the Bar Council.3. Allotment of chambers shall be made against vacancies which are existing or are to occur in near future. It shall be notified by publishing notice on the notice board of the State Bar Council and of different Association of Advocates in Patna High Court. 4. Advocates who are ordinarily practising at Patna and are members of any Association of Advocates at Patna High Court may apply within the date fixed in the notice issued by the Bar Council, which shall not be less than a month, on the prescribed application form to be obtained from the Bar Council Office on payment of Rs. 10/- only which shall not be refundable, for the allotment of Chambers. 5. The applicant shall have to pay a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) or the other sum to be fixed by the Bar Council before allotment. The aforesaid sum may be paid in the instalments of Rs. 10,000/- (Rupees Ten Thousand only) and Rs. 5,000/- (Rupees Five Thousand only) or such other instalment which the Bar Council may fix from time to time also. 6. Applications on the prescribed application form shall be accompanied by Cash/Draft of Rupees Fifteen Thousand only, or such other amount as the Bar Council may by resolution fix from time to time of the 1st instalment of Rupees Ten Thousand or such other amount fixed by the Bar Council and the Secretary shall issue receipts and shall intimate the Chamber Committee about the same. 7. After the receipt of the application the Secretary shall place the proposal for allotment of chamber amongst the applicants before the Chamber Committee. The Chamber Committee shall select the applicants equal to the vacancies of First Come First Served basis. If the vacancies are more than one the allotment of different chamber shall be made by drawing lots amongst the such selected applicants: Provided that the 'First Come' shall be determined in case of payment otherwise than cash on the basis of date on which the money with the application (the 1st instalment or entire) is transferred in the account of the Bar Council excluding the delay on the part of the Bar Council: Provided further that the allottee shall have right of mutual exchange with the approval of the Bar Council. 8. Five Chambers of the Ground Floor shall be kept reserved for allotment at the discretion of the Chamber Committee to be distributed amongst the old or infirm applicants. The Chamber Committee orthe Bar Council at its discretion may allot from amongst the five chambers to other persons. If the persons specified are not available. 9. Five more Chambers on the Ground Floor shall be kept reserved for the office of Bar Council and Guest Rooms. 10. Notwithstanding the provisions of Rule 7, the allotment of chambers amongst the applicants whose applications were received in the Bar Council Office in pursuance to its notices dated 23.5.04, 25.7.04 shall be made in the following manner :-
(i) Out of the total chambers on the Ground Floor subject to the reservations contained in Rules 8 and 9 the allotment shall be made amongst the applicants selected equal to the vacancies on the ground floor on First Come First Serve basis which will be on the basis of actual receipt of money in the account of Bihar Bar Council. The allotment of the particular chamber than shall only be made amongst the selected applicants by drawing lots.
(ii) Out of the chambers on the 1st floor the allotment shall be made amongst the rest of the applicants (which is not more than the number of chambers). The allotment of the particular chamber shall be made amongst the rest of the applicants by drawing lots simultaneously. The applicants shall get possession as and when the chambers on the 1st Floor are completed.11. The Bar Council may, in special cases, permit allotment of chambers jointly to two advocates, on such terms and conditions as the Bar Council may fix. 12. Two or more advocates may jointly apply for the allotment of a single chamber and in the case of such allotment being made the allottees shall be jointly and severally liable for the payment of the licence fee in respect thereof and other charges incidental to such occupation: Provided, however, that if the allotment in respect of anyone of the joint allottees is cancelled or terminated under those Rules, the surviving joint allottee/allottees shall have a preferential right, having regard to his/their standing at the Bar and his/their need for a chamber, subject to his payment of license fee in full for the chamber. 13. Where a chamber has been exclusively allotted to a single Advocate, he may, subsequent to such allotment, apply for the re-allotment of the said chamber to him jointly with another Advocate and Allotment Committee may with the approval of the Bihar State Bar Council make allotment in joint names if such other Advocates is otherwise eligible for allotment under those Rules: Provided, however, that if the allotment in respect of any one of the joint allottee is cancelled or terminated under these Rules, the surviving joint allottee shall have a preferential right, having regard to his standing at the Bar and his need for a chamber: Provided further that the surviving joint allottee shall remain in occupation and shall not be liable for eviction. 14. No allottee/allottees spall at any time during the continuance of the allotment of the Chamber, carry out or cause to be carried out any construction work therein or any addition and alteration thereto without prior permission of the Bihar State Bar Council. 15. The allottee/allottees of the chamber shall during the period of his occupancy keep the chamber in good order and shall be responsible for making good any damage, or breakage caused either to the structure or the fittings and fixtures in the chamber. The Bihar State Bar Council shall carry out the annual maintenance, repair and quinquennial repair: Provided, however, that the allottee/allottees shall not be responsible for any damage or breakage caused due to arson, insurrection, Civil Commotion or Act of God. 16. Any applicant may withdraw his application alongwith money deposited anytime before the allotment of chambers at the discretion of the Bar Council. The Bar Council shall refund the money deposited by the applicant within a month if it fails to allot the chamber under the rules or rejects the applications for other reasons. 17. The allotment of chambers shall be made by a licence in the form approved by the Bar Council. It shall be executed by the Secretary, Bar Council as the First Part and the Advocates allottee as the Second Part. 18. Possession of the chambers if for some reason or the other is not given within two years from the date of applications for allotment, interest at the rate of 6 per cent per annum will become payable to the applicant by the Bar Council from the date of such expiry. 19. The licence fee of each chamber shall be Rs. 200/- (exclusive Electricity or other charges) per month or such other amount as the Bar Council may fix from time to time and the allottees shall be required to pay Rs. 100/- or such other amount per month till the amount deposited by them is exhausted. On adjustment of the advance the allottee shall be required to pay Rs. 200/- per month or such other amount fixed by the Bar Council. 20. The allotment shall terminate;
(a) On the death of the allottee; or
(b) On the surrender by allottee concerned; or
(c) On the allottee failing to pay the licence fee or other charges for two successive months; or
(d) On the allottees name being removed from the Roll of the Bar Council; or
(e) On the allottees using the chamber for any other purpose than for which it is allotted; or
(f) Any other ground which the Council may deem reasonable:Provided that in the event of the allottee ceasing practice on account of retirement, or death, the allottee's legal heir or the nominee may take refund of the money standing on that date in his account. If the heir or the nominee is an Advocates and fulfills other conditions he may choose to continue in possession of the chamber on the same terms and conditions subject to approval by the Bar Council, and save as aforesaid the chamber shall not be transferable or heritable. 21. The licence fee and the other dues relating to the chambers shall be paid regularly by the end of the first week of each month and in the case of default in payment for two consecutive months the Bar Council shall be entitled to cancel the allotment after due notice to the allottee concerned and after hearing the cause shown by him if any, for the delay. 22. The allottee shall be responsible for the proper maintenance of the chambers, and shall not use it from 9 P.M. to 6 A.M. In no case the allottees shall use the chamber in any other manner than a lawyers' office. 23. If the allotment of a chamber is cancelled, the allottee shall vacate the same within thirty days of the notice of such cancellation following which penal rent at the rate of Rs. 25.00 per day shall be charged from him and non-vacation of the Chamber will amount to professional misconduct. 24. The Bar Council shall constitute a Chamber Committee every year of five members of the Bar Council and all cases of allotment and of dispute arising from the allotment constitution, cancellation, assignment and transfer of the chambers, or the interpretation of the Rules, shall be referred to this Committee whose decision shall be final and binding, subject to change, if any, by the State Bar Council.