## Report on Bar Council of India Notification Regarding Service Rules
**1. Executive Summary:**
This report analyzes a notification issued by the Bar Council of India (BCI) regarding the service rules applicable to its employees. The notification clarifies the applicability of Central Civil Services (CCS) rules and existing BCI resolutions related to employee conduct, classification, control, and appeals. A key finding is a change in pension scheme applicability: the existing pension scheme will not be available to permanent employees hired *after* the date of this notification's publication in the official gazette; instead, they will be covered by the National Pension Scheme. This report aims to inform stakeholders, particularly BCI employees, about these changes.
**2. Introduction:**
The purpose of this report is to provide a comprehensive analysis of the Bar Council of India's notification, dated November 27, 2021, and published on December 4, 2021, concerning service rules for its employees. The analysis is based solely on the text of the provided notification.
**3. Policy Overview:**
This notification can be considered an amendment clarifying existing practices and instituting a change in pension benefits for future employees.
* **Core Objectives (inferred from text):**
* To clarify the existing framework governing the service conditions of BCI employees, particularly concerning the applicability of CCS rules and BCI-specific resolutions.
* To formally transition new permanent employees to the National Pension Scheme (NPS) instead of the existing pension scheme.
* To ensure continued pension benefits for existing permanent employees and those who will be regularized in the future on the date of the notification.
**4. Background and Rationale:**
The notification indicates uncertainty regarding the formalization of BCI employee service rules. The notification mentions a High Court case related to an employee's suspension and that the BCI was generally following "principles of natural justice and fair play" and adhering to CCS rules alongside its own resolutions. The change in pension scheme applicability suggests a potential move towards standardized pension practices across government or government-affiliated bodies (though this cannot be confirmed from the provided text alone), along with potentially capping its legacy pension liabilities.
**5. Key Provisions / Changes:**
This section focuses specifically on the changes introduced by this notification.
* **Original Policy Part Changed:** Pension scheme applicability for permanent employees.
* **New Rule/Provision:**
* The existing Pension-cum-Family Pension Rules, effective from 01.04.2001 (based on resolutions of 23.02.2002 and 24.02.2002), will *not* apply to permanent employees hired *after* the date of this notification's publication in the official gazette.
* New permanent (and ad-hoc later regularized) employees hired *after* that date will have deductions/contributions made as per the National Pension Scheme (NPS).
* The existing Pension-cum-Family Pension Rules will continue to apply to all permanent employees (and those on contract or ad-hoc basis who are regularized), who are working in the Bar Council of India on the date of publication of this resolution.
* **Difference/Effect of Change:**
* Future permanent employees will receive pension benefits under the NPS, which is a defined contribution scheme, as opposed to the existing pension scheme which appears to be a defined benefit scheme. Existing employees retain their benefits under the existing pension scheme. This shift likely impacts the long-term financial liabilities of the BCI and the nature of retirement benefits for future employees.
**6. Target Audience and Stakeholders:**
The primary target audience includes:
* Current permanent employees of the BCI.
* Potential future employees of the BCI.
* Employees on contract or ad-hoc basis, who may be regularized in the future.
* The Bar Council of India's management and administrative staff responsible for implementing these changes.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Bar Council of India, its Executive Committee, and its General Council are responsible for implementing the notification. The Secretary, Joint Secretary and senior most Assistant Secretary form a committee for consideration of seniority and promotion of employees.
* **Timelines/Procedures:** The notification becomes effective from the date of its publication in the official gazette. No specific procedures are detailed other than that related to the committee for seniority and promotion. The administrative staff will need to update employee records and payroll systems to reflect the new pension scheme deductions for new hires.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of these specific changes is:
* A clear distinction in pension benefits between existing and future BCI employees.
* A transition of the BCI towards a standardized pension system (NPS) for new employees, potentially reducing long-term pension liabilities.
* Reduced uncertainty about applicable service rules for new hires since they will be governed by CCS conduct, classification, control, and appeal rules.
**9. Conclusion:**
The BCI's notification clarifies and amends the service rules for its employees, most notably regarding the pension scheme. The shift to NPS for future employees, while maintaining the existing scheme for current employees, signifies a potentially significant change in employee benefits and the BCI's long-term financial planning. The notification also clarifies that CCS rules and regulations will apply to BCI staff, providing more clarity and certainty. This update is important for all current and prospective BCI employees to understand.
Key Entities Referenced
NEW DELHI: Capital of India, place of publication
Bar Council of India: Organization issuing the notification regarding service rules for its employees.
High Court of Delhi: Court approached by an employee of the Bar Council of India regarding suspension.
Central Civil Services Conduct Rules: Rules governing the conduct of permanent employees of the Bar Council of India.
Central Civil Services Classification Control and Appeal: Rules governing classification, control, and appeal for permanent employees of the Bar Council of India.
Assured career Progression ACP Scheme: Scheme included for the employee of Bar Council of India.
Executive Committee: Committee of the Bar Council of India.
General Council: Council of the Bar Council of India.
PensioncumFamily Pension Rules: Rules regarding pension for employees of Bar Council of India, effective from 01.04.2001 as per the decision taken by the Executive Committee at its meeting held on 23.02.2002 and approved by the General Council of Bar Council of India at its meeting held on 24.02.2002 vide Resolution No.112002.
National Pension Scheme: Pension scheme applicable to new employees of the Bar Council of India.
Ring Road, Mayapuri, New Delhi110064: Address of the Government of India Press
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-06122021-231617
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असाधारण
EXTRAORDINARY
भाग III—खण् ड 4
PART III—Section 4
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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[foKkiu&III@4@498@vlk-@2021&21]
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 27th November, 2021
Ref: BCI/D/5345/2021.—The Council has considered the situation in hand, where an employee of the
Council had recently approached the Hon'ble High Court of Delhi, against her suspension. The issue as to whether
there was/is any employee service Rules of the Bar Council of India in existence or not, as till now no service rules
have been gazette cropped up. Up till now, Bar Council of India had generally been following the principles of
natural justice and fair play and was also following principles laid down in Central Civil Services (Conduct) Rules and
Central Civil Services (Classification Control and Appeal) apart from it’s own Executive Committee and Council
resolutions and decisions in this regard which could be worded as Rules regarding Employees.
It is hereby clarified that prospectively for all intents and purposes, permanent employees of the Bar Council
of India, shall be governed by Central Civil Services (Conduct) Rules and Central Civil Services (Classification
Control and Appeal) which would include Assured career Progression (ACP) Scheme for the employee of Bar Council
of India.
However, for matters mentioned herein below, the following shall be applicable.
TA-DA rules, Leave Rules, Insurance Provision/s, Provident Fund, Gratuity of permanent employees of Bar
Council of India, shall be governed by the resolutions taken by the Executive Council and the General Council and/or
as is the practice being followed till date.
It is clarified that Pension-cum-Family Pension Rules of Employees of Bar Council of India had been
effective from 01.04.2001 as per the decision taken by the Executive Committee at its meeting held on 23.02.2002 and
approved by the General Council of Bar Council of India at its meeting held on 24.02.2002 vide Resolution
No.11/2002.
However, as resolved today (i.e., 14.02.2021), this Pension scheme, shall henceforth not be made
available/applicable to any permanent employee who is going be employed beyond the date of publication of today's
resolution by way of notification in the Official Gazette.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 3
However, all those permanent employees and those even on contract or Ad-hoc basis employee, who are
regularized/given permanent status in future, who are working in the Bar Council of India on the date of publication of
this resolution in gazette, shall continue to get pension and be governed by the Pension Scheme upon retirement as
per the present practice (Pension-cum-Family Pension Rules, here the meaning of Pension-cum-Family Pension Rules
is related resolution taken by Executive Committee dated 23.02.2002 and approved by the General Council of Bar
Council of India at its meeting held on 24.02.2002 vide Resolution No.11/2002).
Thus, the afore-referred Pension scheme is applicable for all the Employees of the Bar Council of India who
have been employed by the Bar Council of India on or before the publication this resolution by way of notification in
the official gazette and Bar Council of India shall continue with the pension scheme for them. However, this pension
fund scheme rule/resolution is not applicable to the new permanent or ad-hoc employees, who shall be employed
beyond publication of today's resolution by way of notification in the Official Gazette and their deduction/contribution
from their salary shall be done as per the provisions of the National Pension Scheme.
Henceforth, Appointment Rules, Disciplinary Rules, Dismissal Rules, Assured career Progression (ACP) of
Permanent employees shall all be governed as per rules and procedure laid down by Central Civil Services (Conduct)
Rules and Central Civil Services (Classification Control and Appeal) incorporating amendments made therein.
For consideration of seniority and promotion of employees, a committee shall be constituted comprising
Secretary, Joint Secretary and senior most Assistant Secretary, and if there is no glaring defect in the recommendation
to be made by the Committee, the same shall be accepted and approved, by the Executive Committee and General
Council.
This resolution of 14.02.2021 should be notified in the official gazette and shall be made effective from the
date of notification in the Official Gazette.
SRIMANTO SEN, Secy.
[ADVT.-III/4/Exty./498/2021-22]
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.