Section 12 of THE ADVOCATES ACT, 1961 __________
Accounts and Audit.
- (1)Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.
- (2)The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed. 1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the official Gazette.
- (4)As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India.]
Summary
- Every Bar Council must keep account books and other records in the format required by rules.
- Accounts must be checked by professional auditors who are qualified under the Companies Act, 1956.
- State Bar Councils must send their accounts and audit reports to the Bar Council of India.
- The Bar Council of India must send its accounts and audit reports to the Central Government.
- All audit reports must be published in the official Gazette (either for the State or for India).
- The deadline for these reports is December 31st of the year following the end of the financial year.
Practical examples
FAQ
1. Who is allowed to audit the Bar Council's accounts?
Only auditors who are qualified to audit companies under the Companies Act, 1956.
2. Does a State Bar Council need to tell the Central Government about its spending?
Directly, no. The State Bar Council sends its reports to the Bar Council of India. It is the Bar Council of India that sends its own reports to the Central Government.
3. When is the absolute latest a Bar Council can submit its annual audit report?
By the 31st of December of the year following the end of the financial year.
4. Where can a regular person find the Bar Council's audited accounts?
They must be published in the Official Gazette (for State Councils) or the Gazette of India (for the national Council).
Test yourself
1.Under Section 12 of THE ADVOCATES ACT, 1961 __, which law defines who is qualified to audit Bar Council accounts?
2.Under Section 12 of THE ADVOCATES ACT, 1961 __, what is the deadline for a State Bar Council to send its accounts to the Bar Council of India?
3.Under Section 12 of THE ADVOCATES ACT, 1961 __, to whom does the Bar Council of India send its audited accounts?
4.Under Section 12 of THE ADVOCATES ACT, 1961 __, where must a State Bar Council publish its audited accounts?