Nepal Bar Council Act, 2050 (1993)


Published: 1993

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Nepal Bar Council Act, 2050 Eng

Nepal Bar Council Act, 2050 (1993) Date of Authentication and publication
2050.8.7 (1993.11.22)
Amendment
Judicial Management and Administration of Justice
Related Some Nepal Acts (Amendment) Act, 2058
(2002) 2059.5.27 (2002.9.12)
An Act No 26 of the year 2050
An Act made to establish and manage for the Nepal Bar Council

Preamble: Whereas, it is expedient to provide for more accountable service to the
society upon establishing and managing for Nepal Bar Council and securing the
interest of the Legal Practitioners;
Now, therefore, be it enacted by Parliament in the Twenty Second year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev.
Chapter-1
Preliminary
1. Name and Commencement: (1) This Act may be called "Nepal Bar
Council Act, 2050 (1993)".
(2) Section 1 and Section 4 of this Act shall come into force
immediately and other Sections shall come into force on such a date as
Government of Nepal appoints by a Notification in the Nepal Gazette.
2. Definition: Unless the subject or the context otherwise requi s, in this
Act:-
(a) "Council" means the Nepal Bar Council as established under this
Act.
(b) "Chairperson" means the Chairperson of the Council.
The other Sections came into force from 2051.4.27 throughout Nepal (Nepal Gazette 2051.4.23)


(c) "Councilor" means the Councilor of the council.
(d) "Secretary" means the Secretary of the council.
(e) "Legal Practitioner" means Senior Advocate andAdvocate and this
term also includes other Legal Practitioner as mentioned in this Act.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in
the Rules framed under this Act.
Chapter - 2
Establishment and formation of Legal Bar Council
3. The Establishment of the council: (1) A Council named as Nepal Bar
Council shall be established.
(2) The Council shall be an autonomous body corporate with
perpetual succession.
(3) The Council shall have a separate seal of its own.
(4) The Council may, as an individual, acquire, use, sell and dispose
of, or otherwise manage any movable and immovable property.
(5) The Council may, as an individual, sue by its name and be also
sued by the same name.
(6) The Office of the Council shall be located in Kathmandu Valley.
4. Formation: (1) Nepal Bar Council shall have following Councilors:
(a) The Attorney General of Nepal;
(b) President, Nepal Bar Association;
(c) Registrar, Supreme court of Nepal;
(d) Dean, Institute of Law, Tribhuvan University;
(e) Senior Advocates/Advocates elected from among the
Legal Practitioners of the Five Development Region
of Nepal by an electoral college, one representing each
Region, and
(f) Two Senior Advocates or Advocates nominated by
Nepal Bar Association.


(2) The Attorney General of Nepal shall be the Chairperson and the
president of Nepal Bar Association shall be the Vice-Chairperson of the
Council.
(3) The tenure of office of the Councilor elected pursuant to Clause
(e) of Section 1 shall of Five years and the Councilors nominated pursuant
to Clause (f) shall be of Two years.
(4) A Legal Practitioner who has completed a period of Ten years
after receiving his/her license shall only be eligible to be a Councilor
pursuant to Clauses (e) and (f).
(5) Nepal Bar Association may nominate Five Legal Pr ctitioners of
their respective region for a maximum period of One y ar till the
Councilors pursuant to Clause (e) are elected.
(6) The Vice-Chairperson shall perform the duties of the
Chairperson in his/her absence.
5. Vacancy and fulfillment of Councilors: (1) In the case of vacancy of a
post of the Councilor due to death or resignation or disqualification as a
Legal Practitioner as per the provision of this Actof any Councilor elected
pursuant to Clause (e) of Sub-section (1) of Section 4, such vacancy shall
be fulfilled by another Legal Practitioner nominated from the concerned
region by the Council if his/her remaining tenure is less than One year and
by an election if his/her remaining tenure exceeds more than One year.
(2) If the post of Councilor occurs vacant due to death or resignation
or he/she becomes disqualified to remain as a Legal Practitioner pursuant to
the provision of this Act as referred to in Clause (f) of Sub-section (1) of
Section 4, the Nepal Bar Association shall nominate other Legal
Practitioner for the remaining tenure.
6. Not to participate by a Councilor: (1) If a Councilor has any interest in a
contract concluded by the Council or if the Councilor has being taken an
action by the Council, he/she shall not participate in the meetings of the


Council or its Committee where a matter on such a contract or action is
being discussed.
(2) If any family member of any Councilor is appearing in an
examination of Legal Practitioner such a Councilor shall not accept the
membership of the committee which is related to such examination.
(3) If a Councilor commits any act against this Act, the Council shall
take action as prescribed.
7. Meeting of the Council: (1) The Secretary shall call the meeting of the
Council on the direction of the Chairperson of the Council upon specifying
the date, time and place for such meetings. If at le st Four Councilors
submit a written request to the Chairperson for them etings, the
Chairperson shall issue directives to the Secretary to call such meeting.
(2) The presence of more than Fifty percent Councilors of the
Council shall be deemed to constitute a quorum for a meetings of the
Council.
(3) The meetings of the Council shall be presided over by the
Chairperson; and in the absence of the Chairperson, the Vice- Chairperson
shall preside over and in the absence of the both it s all be presided over by
the person selected by the Councilors present at the meeting from amongst
themselves.
(4) A majority opinion shall prevail at the meeting of the Council. In
the event of a tie, the person presiding over the me ting may exercise the
casting vote.
(5) The decisions of the Council shall be authenticated by the
Secretary.
(6) Other procedures relating to the meeting of the Council shall be
as determined by the Council itself.
8. The functions, powers and duties of the council: (1) The functions,
duties and powers of the Council shall be as follows:


(a) To take examinations of the persons entering into the
Legal Profession;
(b) To make procedural provisions regarding the
registration of names of Legal Practitioners;
(c) To register a person who is qualified as a Legal
Practitioner;
(d) To monitor whether the Legal Practitioners are
working in accordance with the prescribed
professional code of conduct or not;
(e) To entertain a complaint about the work carried out by
Legal Practitioner against the professional code of
conduct and send to the disciplinary committee for
action;
(f) To determine procedure for the disciplinary committee
and other committees;
(g) To file a case against the person who violates the
provision of this Act;
(h) To protect the prestige, dignity, security, rights,
welfare and facilities of Legal Practitioners;
(i) To recommend for proper educational standard of the
legal profession in consultation with the university to
increase the standard of legal education;
(j) To appoint necessary staffs and make provisions for
their remuneration and facilities;
(k) To make provisions for necessary training to maintain
the legal profession prestigious by providing practical
experience to the Legal Practitioners;
(l) To make provision for education, discussion, seminars,
work-shops and talk-programmes etc. to promote the


right and welfare of Legal Practitioners and manage
for publication;
(m) To arrange for the funds of the Council;
(n) To carry out other works as mentioned in this Act; and
(o) To carry out other functions necessary to meet the
objectives of this Act.
(2) The Council may, as per necessity, delegate any or all of the
powers conferred on it pursuant to this Act to any Councilor, Secretary,
Committee or the member of any Committee.
9. Appointment of the Secretary: (1) The Secretary shall be the
Administrative Chief of the Office of the Council.
(2) The Council may appoint a Secretary to a person who, at least,
holds a graduate degree of law or the Government of Nepal may depute any
Gazetted Officer for the same on the request of the Council.
(3) The other functions, duties and powers of the Secretary except
mentioned in this Act, shall be as prescribed.
(4) The remuneration, facilities and tenure of office of the Secretary
shall be as prescribed.
(5) The Council may designate any other employee to perform as
Secretary in the event of absence of the Secretary.
10. Fund of the Council: (1) The Council shall have its own fund.
(2) The grants of Government of Nepal, other persons or
organizations and other fees etc. to be collected by the Council shall be
deposited in the fund of the Council.
(3) The funds of the Council shall be operated by the joint signatures
of one of the Councilors and its staff designated by the Council.
(4) The accounts of the fund shall be audited every year by the
auditor appointed by the Council.


11. Disciplinary Committee: (1) The Council may form Disciplinary
Committee on the Chairpersonship of a Councilor to examine and take
action on any complaint or information received to the Council against any
Legal Practitioner who violates this Act or Rules framed thereunder or the
code of conduct.
(2) The Disciplinary Committee shall have equal powers as to the
Court regarding to issue summons and examinations of evidence.
(3) The Disciplinary Committee may issue a decision t be done as
following if a Legal Practitioner is found guilty:
(a) To reprimand;
(b) To suspend from practicing law for a specific period of
time; and
(c) To cancel the license of the Legal Practitioner.
(4) While conducting proceeding pursuant to Sub-section (3), the
concerned Legal Practitioner shall be given an opportunity to defend
him/herself.
(5) The Legal Practitioner who is not satisfied with the decision of
the Disciplinary Committee may appeal before the Supreme Court within
Thirty Five days after the receipt of such information.
12. Committees: (1) The Council may form, apart from Disciplinary
Committee, Examination Committee and other Committees, as per
necessity, to carry out its functions.
(2) The procedures, functions, powers and duties of the Committees
formed pursuant to Sub-section (1) shall be as determin d by the Council.
13. The Acts and Actions not to be Illegal: The acts and actions carried out
by the Council shall not be unlawful if such an act nd action is taken by a
Councilor whose tenure of office has already been expir d, or even if any
unqualified Councilor has been working or elected to the Council.


14. Legal Action not to be taken: A complaint shall not be registered against
any action taken by the Council, Councilor or any Committee of the
Council or any Member of the Committee in respect of an act done in good
faith, subject to this Act or Rules framed hereunder.
Chapter-3
Examination of Legal Practitioner
15. Examination of Legal Practitioners: (1) The Council shall carry out Legal
Practitioner examination at least once a year. Such an examination shall be
written and oral and the marks for the oral test shall not be more than Ten
percent of the total marks.
(2) The Council shall form a Legal Practitioner Examination
Committee including concerned specialists for the purpose of Sub-section
(1). The Council shall appoint one of the members of the Committee as the
Chairperson of the committee.
(3) The Examination Committee shall make necessary arrangements
to conduct the examinations.
(4) The procedures relating to the Examination shall be as
determined by Examination Committee itself.
16. Course of Study for the Legal Practitioner Examination: (1) The
Council shall determine the course, standard and system of such
examination.
Provided that, the course of study of the examination to be taken to
the persons referred to in Clause (a) and (b) of Sub-section (1) of Section
17 shall be determined separately as prescribed by the Council based on
their experience.
(2) The Council may consult to seek cooperation from the Supreme
Court and the Institute of Law, Tribhuvan University for determining the
courses of study, standard and system of the Legal Practitioner
Examination.


Chapter-4
Registration as a Legal Practitioners
17. Legal Practitioners to be Registered: (1) A Nepali Citizen with the
following qualifications having passed the Legal Practitioner examination
and who is not convicted of any criminal offence inflicting moral turpitude
shall only be registered as a Legal Practitioner:
(a) A person who has worked for at least Five years after
having a certificate of Bachelor's Degree in Law as a
judge, government advocate, or as Gazetted Officer in
the Legal Service or as a teacher of Law; or
(b) A person who has practiced as a Pleader (Abhivakta)
for Seven years and having the Bachelor's Degree in
Law; or
(c) A person who has practiced as a Pleader for Fifteen
years; or
(d) A person having Bachelor's Degree in Law.
(2) A Nepali Citizen with the following qualifications, having passed
the Legal Practitioner Examination and not convicted of any criminal
offence inflicting moral turpitude shall be registered as a pleader for a
period of Nine years from the date of commencement of this Act:
(a) A person having the Intermediate Certificate in Law;
(b) A person practicing as an Agent (Abhikarta) for a
period of Five years.
18. Application for Registration: (1) A person having qualification as referred
to in this Act and intending to be registered as an advocate may submit
his/her application before the Council in a format specified by it.
Amended by Judicial Management and Administration of Justice Related Some Nepal Acts (Amendment)
Act, 2058 (2002)


(2) If the person submitting an application is found qualified to be a
Legal Practitioner, the Council shall register such a Nepali citizen as a
Legal Practitioner and issue a license thereof in aprescribed format and
forward the information of the same to the Supreme Court.
19. Cancellation of the License: If it is proved later on that the person was
disqualified to be a Legal Practitioner before he/s has received his/her
license, the Council may cancel the license of such a Legal Practitioner.
20. Inventory of the Legal Practitioners: (1) The Council shall maintain an
inventory of the person who received the license.
(2) The Council shall up to date the inventory refered to in Sub-
section (1).
(3) If a Legal Practitioner is dead or if he/she submits an application
to remove his/her name from the inventory or if a decision is made to
cancel the license of a Legal Practitioner after being taken disciplinary
action, the name of such legal practitioner shall be removed from the
inventory and the information for the same shall be forwarded to the
Supreme Court.
(4) If the Council decides to suspend the license of any Legal
Practitioner after taking an action on the grounds of discipline, such a detail
shall be recorded in the inventory.
21. Title of Senior Advocate: (1) If the Supreme Court finds that an advocate
has helped to the courts and Society by practicing as a Legal Practitioner in
the Supreme Court or Court of Appeal for at least Fifteen years, it may
confer the title of Senior Advocate to such a Legal Practitioner as an
honour and such a Senior Advocate shall have to maintain good conducts as
prescribed.
(2) The Supreme Court shall take consent of the Advocate while
conferring him/her the title of a Senior Advocate.



Chapter-5
The Right to Legal Profession
22. Right to be Present, Plead and advocacy (argue): (1) A Senior Advocate
and advocate shall be entitled to be present, plead and argue before the
Supreme Court or any Office or Court or Authority of Nepal.
(2) A Pleader shall be entitled to be present, plead and argue in
Courts, Offices and Authority except the Supreme Court f Nepal.
23. The Right to Address: (1) If there are more than one Legal Practitioners in
a case, the right and order to address before the authority, for a hearing of
the case, shall be as follows:
(a) If the Legal Practitioners are of the same category on
the basis of seniority of the date of the receipt of he
license; and
(b) If there are different categories of Legal Practitioners,
as follows:
(1) Senior Advocate
(2) Advocate
(3) Pleader
(2) Notwithstanding contained anything in Sub-section (1), the Legal
Practitioner who has to address later, in the order of precedence may also
address earlier after taking permission from the Authority for the hearing
and the Legal Practitioner who has right to address earlier.
(3) If there are more than one Legal Practitioners of the same
category and having the license on the same date, a L g l Practitioner may
address earlier based on their mutual consent.
24. Special Privilege of a Legal Practitioner: (1) No Legal Practitioner shall
be arrested in a civil case concerning any claimed amount or penalty, when
he/she is on the way to present, plead and argue in a case on behalf of a
party to the case.


(2) No petition may be filed against a Legal Practitioner on slander
on the basis of what he/she has said during the course of argument.
25. Unauthorized Persons not to Practice Legal Profession: (1) No one shall
be present in a Court or Office and plead on behalf of any party a case
without holding the license of a Legal Practitioner.
(2) Notwithstanding anything contained in Sub-section (1), a Legal
Practitioner who has received a license from any foreign country may plead
(argue) in a particular case, on behalf of the party to a case upon receiving
permission of the court.
(3) Notwithstanding anything contained in Sub-section (1), in a case,
government advocate, party to a case and in a district where Legal
Practitioners under this Act are less than in a totl number of Ten, any other
person may present in a Court or Office on behalf of a party to a case.
(4) If a person commits an act against the provision of Sub-section
(1), he/she may be liable for a punishment of a fine up to Two Thousand
Rupees or an imprisonment up to Six months or both.
Chapter-6
Miscellaneous
26. Recognition of existing Legal Practitioners: Senior Advocates,
Advocates and a Pleader as recognized pursuant to Legal Practitioners Act,
2025 (1968), shall retain their recognition according to this Act.
27. Right to Frame Rules: (1) The Council may frame Rules to fulfill the
objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by
Sub-section (1), the Council may frame such Rules particularly for any of
the following matters:
(a) The Professional Code of Conduct of Legal
Practitioners;


(b) The hearing on complaints against violations of Code
of Conduct and other activities;
(c) The Internal Procedure of the Council;
(d) The Rules of procedure of the committees formed
under the Council;
(e) The provision of disqualification of the Councilor;
(f) The provisions of fees for an application and license of
a Legal Practitioner;
(g) The provision for the appointment of staff for the
Council and tenure of office;
(h) The provision of funds of the Council, accounts and
Audit;
(i) The provisions to be followed by those who have
received certificate to prepare documents (Lekhapadi)
in Courts and Offices.
(3) The Rules framed by the Council pursuant to Clauses (a), (b) and
(i) of Sub-section (1) shall come into force only after being approved by
Supreme Court.
28. Certificate for Preparation of Documents in Office and Court: (1) The
District Court shall distribute Certificate for prearation of documents in an
Offices and a Courts.
(2) A Certificate received for preparation of documents pursuant to
Legal Practitioners Act, 2025 (1968) shall be deemed to have been received
pursuant to this Act.
(3) The provisions regarding functions, terms and conditions and
cancellation of certificate so received pursuant to his Section, shall be as
prescribed.
29. Repeal and Saving: (1) The Legal Practitioners Act, 2025 (1968), is,
hereby, repealed.


(2) It shall not be deemed to have caused any hindrance to continue
Legal Practice by the person so registered as an Agent pursuant to Legal
Practitioners Act, 2025 (1968).

Related Laws