The
Advocates Act, 1961
(Act no. 25 of 1961)
Contents
Sections | Particulars |
Introduction | |
Preamble | |
Chapter I |
PRELIMINARY |
1 | Short
title, extentand commencement |
2 | Definitions |
Chapter II |
BAR
COUNCILS |
3 | State
Bar Councils |
4 | Bar
Council Of India |
5 | Bar
Council to be body corporate |
6 | Functions of State Bar Councils |
7 | Functions of Bar Council of India
|
7A | Membership in International Bodies |
8 | Terms
of office of Members of State Bar Council |
8A | Constitution of Special Committee in the absence of elections |
9 | Disciplinary committees |
9A | Constitution of Legal Aids Committee |
10 | Constitution of committees other than disciplinary
committees |
10A | Transaction of Business by Bar Councils and committees
thereof |
10B | Disqualification of Members of Bar Council |
11 | Staff
or Bar Council |
12 | Accounts and audit |
13 | Vacancies in Bar Councils and Committees thereof not to
invalidate action taken |
14 | Election of Bar Council not to be questioned on certain
grounds |
15 | Power
to make rules |
Chapter III | ADMISSION AND ENROLMENT OF ADVOCATES |
16 | Senior an other advocates |
17 | State
Bar Councils to maintain roll of advocates |
18 | Transfer of name from one State roll to another |
19 | State
Bar Council to send copies of rolls of advocates to the Bar
Council of India |
20 | Special provision for enrolment of certain Supreme
Court Advocates |
21 | Disputes regarding seniority |
22 | Certificate of enrolment |
23 | Right
of pre-audience |
24 | Persons who may be admitted as advocates on a State
roll |
24A | Disqualification for enrolment |
25 | Authority to whom applications for enrolment may be
made |
26 | Disposal of an application for admission as an Advocate
|
26A | Power to remove names from roll |
27 | Application once refused not to be entertained by
another Bar Council except in certain circumstances
|
28 | Power
to make rules |
Chapter IV |
RIGHT
TO PRACTICE |
29 | Advocates to be the only recognized class of persons
entitled to practice law |
30 | Right
of Advocates to practice |
31 | Omitted |
32 | Power of Court to permit appearances in particular cases |
33 | Advocates alone entitled to practice
|
34 | Power
of High Courts to make rules |
Chapter V |
CONDUCT OF ADVOCATES |
35 | Punishment of Advocates for misconduct |
36 | Disciplinary powers of Bar Council of India |
36A | Changes in constitution of disciplinary committees |
36B | Disposal of disciplinary proceedings |
37 | Appeal to the Bar Council of India |
38 | Appeal to the Supreme Court |
39 | Application of sections 5 and 12 of Limitation Act,
1963 |
40 | Stay
of order |
41 | Alteration in roll of Advocates |
42 | Powers of disciplinary committee |
42A | Powers of Bar Council of India and other Committees
|
43 | Cost
of proceedings before a disciplinary committee |
44 | Review of orders by disciplinary committee |
Chapter VI |
MISCELLANEOUS |
45 | Penalty for persons illegally practicing in courts and
before other authorities |
46 | Omitted |
46A | Financial Assistance to State Bar Councils |
47 | Reciprocity |
48 | Indemnity against legal proceedings |
48A | Power
of Revision |
48AA | Review |
48B | Power
to give directions |
49 | General power of the Bar Council of India to make
rules |
49A | Power
of Central Government to make rules |
50 | Repeal of certain enactments |
51 | Rule
of construction |
52 |
Saving |
Chapter VII |
TEMPORARY AND TRANSITIONAL PROVISIONS |
53 | Elections to first State Bar Council |
54 | Terms
of office of members of first State Bar Council
|
55 | Rights of certain existing legal practitioners not
affected |
56 | Dissolution of existing Bar Counci |
57 | Power
to make rules pending the constitution of a Bar Council |
58 | Special provisions during the transitional period |
58A | Special provision with respect to certain Advocates |
58AA | Special provisions in relation to Union Territory of
Pondicherry |
58AB | Special provisions with respect to certain provisions
enrolled by Mysore State Bar Council |
58AC | Special provisions with respect to certain provisions
enrolled by Uttar Pradesh State Bar Council |
58AD | Special provisions with respect to certain persons
migrating to India |
58AE | Special provisions in relation to the Union Territory
of Goa, Daman and Diu |
58AF | Special provisions in relation to Jammu and Kashmir
|
58AG | Special provisions in relation to Articled Clerks
|
58B | Special provisions relating to certain disciplinary
proceedings |
59 | Removal of difficulties |
60 | Power
of Central Government to make rules |
Schedule |
THE
ADVOCATES ACT,1961
INTRODUCTION
The Indian
High Courts Act, 1861 (commonly known as the Charter Act) passed by
the British Parliament enabled the Crown to establish High Courts in
India by Letters Patent and these Letters Patent authorised and
empowered the High Courts to make rules for advocates and attorneys
(commonly known as Solicitors). The law relating to Legal
Practitioners can be found in the Legal Practitioners Act, 1879 (18
of 1879), the Bombay Pleaders Act, 1920 (17 of 1920) and the Indian
Bar Councils Act, 1926 (38 of 1926).
After
Independence it was deeply felt that the Judicial Administration in
India should be changed according to the needs of the time. The Law
Commission was assigned the job of preparing a report on the Reform
of Judicial Administration. In the mean while the All India Bar
Committee went into detail of the matter and made its
recommendations in 1953. To implement the recommendations of the All
India Bar Committee and after taking into account the
recommendations of the Law Commission on the subject of Reform of
Judicial Administration in so far as the recommendation relate to
the Bar and to legal education, a Comprehensive Bill was introduced
in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The Bill
seeks to implement the recommendations of the All India Bar
Committee made in 1953, after taking into account the
recommendations of the Law Commission on the subject of Reform of
Judicial Administration in so far as the recommendations relate to
the Bar and to legal education.
The main
features of the Bill are, -
(1) The
establishment of an All India Bar Council and a common roll of
advocates, and advocate on the common roll having a right to
practice in any part of the country and in any Court, including the
Supreme Court;
2.
The integration of the bar into a single class of legal
practitioners know as advocates;
3.
The prescription of a uniform qualification for the admission
of persons to be advocates;
4.
The division of advocates into senior advocates and other
advocates based on merit;
5.
The creation of autonomous Bar Councils, one for the whole of
India and on for each State.
Following the
recommendations of the All India Bar Committee and the Law
Commission, the Bill recognised the continued existence of the
system known as the dual system now prevailing in the High Court of
Calcutta and Bombay, by making suitable provisions in that behalf:
It would, however, be open to t he two High Courts, if they so
desire, to discontinue this system at any time.
The Bill,
being a comprehensive measure, repeals the Indian Bar Council Act,
1926, and all other laws on the subject.
The Notes on
clauses explain, whenever necessary, the various provisions of the
Bill.
Act 25
of 1961
The Advocate
Bill was passed by both the Houses of Parliament and it received the
assent of the President on 19the May,1961 and it become The
Advocates Act,1961 (25 of 1961).
Preamble
[19th May,
1961]
An act to
amend and conslidate the law relating to legal practitioner and to
provide for the constitution of Bar Councils and an All India
Bar.
Be it enacted
by Parliament in the 12th year of the Republic of India as
Follows:
Chapter I
PRELIMINARY
1. Short title, extent and
commencement –
Notification
1.
This Act may be called the Advocates Act, 1961.
2.
(Note: Subs. by Act 60
of 1973, Sec.2, forsub-section (2) (w.e.f.31-1-1974)) It extends
(Note The Act has been
extended to-The Union territory of Dadra & Nagar Haveli by
Regulation 8 of 1963, The Union territory of Pondicherry by Act 26
of 1968, Sec.3 and Sch.) to the whole of India.
3.
It shall in relation to the territories other than those
referred to in sub section come into force on such date
(Note -
The following are the Notifications by which different dates have
been appointed for different provisions of this Act:-
Notification Date Provisions
S.O.1870, dated 7th August,1961 16/08/1961
Chapters I, II and VII.
S.O.2790, dated 24th November,1961 01/12/1961
Chapter III and sub-section (2) of section 50.
S.O.2919, dated 13th December, 1961 15/12/1961
Sub-section (1) of section 50.
S.O.297,
dated 24th January,1962 24/01/1962 Sections 51 and
52.
S.O.958,
dated 29th March, 1962 29/03/1962 Section 46.
S.O.50.
dated 4th January,1963 04/01/1963 Section 32 and chapter
VI [except section 46, sub-section (1) and
S.O.2509, dated 31st August,1963 01/09/1963
Chapter V
S.O.1500, dated 5th April 1969 01/06/1969 Sections
29, 31, 33 and 34 of Chapter IV
In
Pondicherry, Pondicherry Gazette, 10/06/1968 Chapters I, II and III,
Section 32,
Extra.,
p.1, dated 7th June,1968 Chapters IV, V, VI and VIII.)
as the
Central Government may, by notification in the Official Gazette,
appoint, and different dates may be appointed for different
provisions of this Act.
4. (Note: Sub-section (4) Ins. by
Act 60 of 1973, sec.2) This Act shall, in relation to the State
of Jammu and Kashmir (Note:
01/08/1979, vide GSR 946 (E), dated 15/07/1986 (except section 30)
the Act is enforced in the State of Jammu & Kashmir) and the
Union territory of Goa,, Daman and Diu, come into force on such
date (Note: 01/08/1986, vide
GSR 84(E)/1979, (except section 30) the Act is enforced in Goa,
Daman and Diu.) as the Central Government may, by notification
in the Official Gazette, appoint in this behalf, and different dates
may be appointed for different provisions of this Act.
2.
Definitions - (1)
(Note:- Section 2 renumbered
assub-section (1) thereof by Act 60 of 1973, sec.2 (w.e.f.
31/07/1974) In this Act, unless the context otherwise requires-
a.
"advocate" means an advocate entered in any roll under the
provisions of this Act.
b.
"appointed day" in relation to any provision of this Act,
means the day on which that provision comes into force.
c. (Note:- Clause ( C
) omitted by Act 107 of 1976, section 2)
d. "Bar council" mean a Bar Council constituted under this
Act.
e.
"Bar Council of India" mean the Bar Council constituted under
Section 4 for the territories to which this Act extends.
f. (Note:- Clause (f)
omitted by Act 60 of 1973, sec.3)
g.
"High Court" except in sub section (1) (Note:- Ins. by Act 60 of 1973,
sec.3) and sub section (1A) of section 34 and in section 42 and
43 does not include a court of the Judicial Commissioner, and, in
relation to a State Bar Council, means.
(i) in the case of a Bar Council constituted for a
State or for a State and one or more Union territories, the High
Court for the State.
(ii) in the case of the Bar council constituted
for Delhi [(Note:- Subs. by
Act 60 of 1973, sec.3) the High Court of Delhi].
h.
"Law graduate " means a person who has obtained a bachelor’s
degree in law from any university established by law in India.
i.
"Legal practitioner" means an advocate (Note:- Subs. by Act No.107 of
1976, sec.2) (or vakil) of any High court, a pleader, mukhtar or
revenue agent.
j.
"prescribed" means prescribed by rules made under this Act.
k.
"roll" means a roll of advocates prepared and maintained
under this Act,
l.
"State" does not include a Union territory
m. "State
Bar Council" means a Bar council constituted under section 3
n.
"State roll" mean roll of advocates prepared and maintained
by a State Bar Council under Section 17.
(2) (Note:- Ins. by
Act 60 of 1973, sec.2, Goa is now a state, see Goa, Daman and Diu
Reorganisation Act,1987 (18 of 1987) sec.3 (w.e.f. 30/05/1987)
Any reference in this Act to a law which is not in force in the
State of Jammu and Kashmir or in the Union territory of Goa, Daman
and Diu, shall in relation to that State or that territory, be
construed as a reference to the corresponding law, if any, in force
in that State or that territory , as the case may be.)
Chapter II
BAR COUNCILS
3.
State Bar
Councils- There shall be a Bar Council-
a.
For each of the States of Andhra Predesh, Bihar, Gujarat, (Note:- Ins. by Act 60 of 1973,
sec.4) (Jammu and Kashmir), Madhya Pradesh, (Note:- The word "Madras"
omitted by Act 26 of 1968, sec.3 and Sch.) (Note:- The Word
"Maharashtra" omitted b the Daddra and Nagar Haveli (Civil Courts
and Miscellaneous Provisions) Regulations, 1963 (8 of 1963), sec.12)
(Note:- Subs. by the Mysore state (Alteration of Name) (Adaptation
of Laws on Union Subjects) Order,1974.) Karnataka, Orissa,
Rajasthan and Uttar Pradesh, to be known as the Bar Council of that
State.
b.
(Note:- Subs. by Act
69 of 1986, sec.19, for clause (6) as earlier amended by Act 81 of
1971, sec.34 and Act 34 of 1986, sec.16) For the States of
Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and
Tripura to be known as the Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh.
c.
For the State of Kerala and the Union territory of
Lakshadweep, Minicoy and Amindivi islands to be known as the Bar
Council of Kerala.
(cc) (Note: Ins. by
Act 26 of 1968, sec.3 and Sch.) For the (Note:- Subs. by the Madras
State (Alteration of Name) (Adaptation of Laws on Union Subjects)
Order, 1970, for the words "State of Madras" state of Tamil Nadu
and the Union territory of Pondichery to be known as the Bar Council
of Madras.
ccc.
(Note:- Subs. by Act
18 of 1987, sec.21 for clause (ccc) as initially ins. by Regulation
8 of 1963, sec.12 and referred by Act 26 of 1968, sec.3 and Sch. And
subsequently amended by Act 60 of 1973, sec.4)For the State of
Maharashtra and Goa, and the Union territories of Dadra and Nagar
Haveli and Daman and Diu, to be known as the Bar Council of
Maharashtra and Goa.
(d) (Note:- Subs. by
Act 53 of 1970, sec.24 for clause (d)) For the State of Punjab
and Haryana, and the Union territory of Chandigarh to be known as
the Bar Council of Punjab and Haryana.
dd. For the State of
Himachal Pradesh to be known as the Bar Council of Himachal Pradesh.
(e) For the State of West Bengal and the [( Note:- Subs. by Act 81 of
1971, sec.34, for "Union Territories of Tripura and the Andaman and
Nicobar Islands.") union territory of Andaman and Nicobar
islands] to be known as the Bar Council of West Bengal and
(f) for the
Union territory of Delhi to be known as the Bar Council of
Delhi
(2) A State
Bar Council shall consist of the following members, namely:-
a.
In the case of the State Bar Council of Delhi, the Additional
Solicitor General of India, ex officio [(Note:- Ins. by Act 60 of 1973,
sec.4) in the case of the State Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura, the Advocate-General of each of the
State of Assam, Nagaland, Meghalaya, Manipur and Tripura, ex
officio, inn the case of the State Bar Council Punjab and Haryana,
ex officio] and in the case of any other State Bar Council, the
Advocate- General of the State.
b.
(Note:- Subs. by Act
60 of 1973, sec.4) In the case of a State Bar Council with an
electorate not exceeding five thousand, fifteen members, in the case
of a State Bar Council, with an electorate exceeding five thousand
but not exceeding ten thousand, twenty members, and in the case of a
State Bar Council with an electorate exceeding ten thousand,
twenty-five members, elected in accordance with the system of
proportional representation by means of the single transferable vote
from amongst advocates on the electoral roll of the State Bar
Council.
(Note:- Ins. by Act 21 of 1964,
sec.2) Provided that as nearly as possible one half of such
elected members shall, subject to any rules that may be made in this
behalf by the Bar Council of India, be persons who have for at least
ten years been advocates on a State roll, and in computing the said
period of ten years in relation to any such person, there shall be
included any period during which the person has been an advocate
enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).
(3) (Note:- Subs. by Act 38 of 1977,
sec.2, for clause (3) as ins. by Act 107 of 1976, sec.3) There
shall be a Chairman and a Vice-Chairman of each State Bar Council
elected by the Council in such manner as may be prescribed.
(3-A) Every
person holding office as Chairman or as Vice-Chairman of any State
Bar Council immediately before the commencement of the Advocates
(Amendment) Act, 1977, shall, on such commencement , cease to hold
office as Chairman or Vice-Chairman, as the case may be:
Provided that
every such person shall continue to carry on the duties of his
office until the Chairman or the Vice-Chairman, as the case may be,
of each State Bar Council, elected after the commencement of the
Advocates (Amendment) Act, 1977, assumes charge of the office.]
(4) (Note:- Ins. by Act 21 of 1964,
sec.2) An advocate shall be disqualified from voting at an
election under sub-section (2) or being chosen as, and for being a
member of a State Bar Council, unless he possesses such
qualifications or satisfies such conditions as may be prescribed in
this behalf by the Bar Council of India, and subject to any such
rules that may be made, an electoral roll shall be prepared and
revised from time to tome by each State Bar Council.
5.
Nothing in the proviso to sub-section (2) shall affect the
term of office of any member elected before the commencement of the
Advocates (Amendment) Act, 1964 but every election after such
commencement shall be held in accordance with the provisions of the
rules made by the Bar Council of India to give effect to the said
proviso.]
(6) (Note Sub-clause (6) ins. by Act
60 of 1973, sec.4) Nothing in clause (b) of sub-section (2)
shall affect the representation of elected members in any State Bar
Council as constitute immediately before the commencement of the
Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar
Council is reconstituted in accordance with the provisions of this
Act.]
4. Bar Council of
India.-(1) There shall be a Bar Council for the territories to
which this Act extends to be known as the Bar Council of India which
shall consist of the following members, namely :-
a.
the Attorney-General of India, ex-officio;
b.
the Solicitor-General of India, ex-officio;
(Note:-
Clause (bb) omitted by Act 38 of 1977, sec.4)
c.
one member elected by each State Bar Council from amongst its
members.
[(IA) (Note:- Ins. by Act 60 of 1973,
sec.5) No person shall be eligible for being elected as a member
of the Bar Council of India unless he possesses the qualification
specified in the proviso to sub-section (2) of Section 3];
(2) (Note:- Subs. by Act 38 of 1977,
sec.3) There shall be a Chairman and a Vice-Chairman of the Bar
Council of India elected by the Council in such manner as may be
prescribed.
(2A) A person
holding office as Chairman and a Vice-Chairman of the Bar Council of
India immediately before the commencement of the Advocates
(Amendment) Act, 1977, shall on such commencement, cease to hold
office Chairman or Vice-Chairman, as the case may be:
Provided that
such person shall continue to carry on the duties of his office
until the Chairman or the Vice-Chairman, as the case may be, of the
Council, elected after the commencement of the Advocates (Amendment)
Act, 1977, assumes charge of the office.]
[(3) (Note:- Ins. by Act 21 of 1964,
sec.3) The term of office of a member of the Bar Council of
India elected by the State Bar Council shall,-
i.
In the case of a member of a State Bar Council who holds
ex-officio, be two years from the date of his election (Note:- Ins. by Act 60 of 1973,
sec.5) [or till he ceases to be a member of the State Bar
Council, whichever is earlier];and
(ii) In any
other case, be for the period for which he holds office as member of
the State Bar Council :
Provided that
every such member shall continue to hold as member of the Bar
Council of India until his successor is elected.
5. Bar Council to be body
corporate.- Every Bar Council shall be a body corporate having
perpetual succession and a common seal, with power to acquire and
hold property, both movable and immovable, and to contract, and may
by the name by which it is known sue and be sued.
6.Functions of State Bar
Councils-(1) The functions of a State Bar Council shall be-
(a) to admit persons as advocates on its roll.
b.
to prepare and maintain such roll
(c ) to entertain and determine cases of misconduct against
advocates on its roll
(d) to safeguard the rights, privileges and interest of
advocates on its roll
dd. (Note:- Ins. by Act 70 of 1993,
sec.2 (i) (a)) to promote the growth of Bar Associations for the
purpose of effective implementations of the welfare schemes referred
to in clause (a) of sub section (2) of this section and clause (a)
of sub section (2) of section
(e) to promote and support law reform
ee. (Note:- Ins. by Act 60 of 1973,
sec.6) to conduct seminars and organise talks on legal topics by
eminent jurists and publish journals and papers of legal interest.
(eee) to
organise legal aid to the poor in the prescribed manner
f.
to manage and invest the funds of the Bar Council
(g) to provide for the election of its members.
gg. (Note:- Ins. by Act 70 of 1993,
sec.2 (I) (b)) to visit and inspect Universities in accordance
with the directions given under clause (I) of sub-section (1) of
section7;
(h) to perform all other functions conferred on it by or
under this Act;
(i) to do all
other things necessary for discharging the aforesaid functions
(2) [(Note:- Sub-sections (2) and (3)
subs. by Act 60 of 1973, sec.6, for sub-section (2).) A State
Bar Council may constitute one or more funds in the prescribed
manner for the purpose of].
a.
Giving financial assistance to organise welfare scheme for
the indigent, disabled or other advocates.
b.
Giving legal aid or advice in accordance with the rules made
in this behalf
c.
[(Note:- Ins. by Act
70 of 1993, sec.2 (ii).) Establishing law libraries].
(3) A State
Bar Council may receive any grants, donations, gifts or benefactions
for all or any of the purposes specified in sub-section (2) which
shall be credited to the appropriate fund or funds constituted under
that sub-section
7.
Functions of Bar Council of India - (Note:- Section 7 renumbered as
sub-section (1) thereof by Act 60 of 1973, Sec.7) (1) The
functions of the Bar council of India shall be
a.
(Note:- Clause (a) omitted by Act 60of 1973, sec.7)
(b) to lay
down standards of professional conduct and etiquette for
advances.
c.
To lay down the procedure to be followed by its disciplinary
committee and the disciplinary committee of each State Bar Council
d.
To safeguard the rights, privileges and interest of advocates
e.
To promote and support law reform
f.
To deal with and dispose of any matter arising under this
Act, which may be referred to it by a State Bar Council.
g.
To exercise general supervision and control over State Bar
Councils
h.
To promote legal education and to lay down standards of such
education in consultation with the Universities in India imparting
such education and the State Bar Councils
i.
To recognize Universities whose degree in law shall be a
qualification for enrolment as an advocate and for that purpose to
visit and inspect Universities (Note:- Ins. by Act 70 of 1993,
sec.3(I)) (or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it may give in
this behalf).
(ia) (Note:- Ins. by Act 60 of 1973,
sec.7) to conduct seminars and organise talks on legal topics by
eminent jurists and publish journals and papers of legal
interest.
(ib) to organise legal aid to the poor in the
prescribed manner
(ic) to recognise on a reciprocal basis foreign
qualifications in law obtained outside India for the purpose of
admission as advocate under this act.
j.
to manage and invest the funds of the Bar Council
k.
to provide for the election of its members
l.
to perform all other functions conferred on it by or under
this Act
m. to do
all other things necessary for discharging the aforesaid functions:
(2) (Note:-
Sib-section (2) and (3) ins. by Act 60 of 1973, sec.7) the Bar
Council of India may constitute one or more funds in the prescribed
manner for the purpose of -
(a) giving
financial assistance to organize welfare schemes for indigent,
disabled or other advocates.
(b) giving the legal aid or advice in accordance with the
rules made in this behalf
(c) (Note:- Ins. by Act 70 of 1993,
sec.3 (ii).) establishing law libraries
(3) That Bar
Council of India my receive any grants, donations, gifts or
benefactions for all or any of the purpose specified in sub section
(2) which shall be credited to the appropriate fund or funds
constituted under that sub-section.
7A. (Note:- Ins. by Act 60 of 1973,
sec.8) Membership in international
bodies-The Bar Council of India may become a member of
international legal bodies such as the International Bar
Associations or the n International Legal Aid Association,
contributes such sums as it thinks fit to such bodies by way of
subscription or otherwise and authorise expenditure on the
participation of its representatives in any international legal
conference or seminar.
8. (Note:- Subs. by Act 70 of 1993,
sec.4) Term of office of
Members of State Bar Council- The term of office of an elected
member of a State Bar Council (other than an elected member thereof
referred to in section 54) shall be five years from the date of
publication of the result of his election.
Provided that
where a State Bar Council fails to provide for the election of its
members before the expiry of the said term, the Bar Council of India
may, by order for reasons to be recorded in writing, extended the
said term, the Bar Council of India may, by order for reasons to be
recorded in writing, extend the said term , the Bar Council of India
may, by order, for reasons to be recorded in writing, extend the
said term for a period not exceeding six months.
8A. Constitution of Special
Committee in the absence of election:--(1) Where a State Bar
Council fails to provide for the election of its members before the
expiry of the term of five years or the extended term, as the case
may be , referred to in section 8, the Bar council of India shall ,
on and from the date immediately following the day of such expiry ,
constitute a Special Committee consisting of ---
a.
The ex officio member of the State Bar Council referred to in
clause (a) of sub – section (2) of section 3 to be the Chairman:
Provided that where are more than one ex officio members, the
senior-most amongst them shall be the Chairman, and
(ii) Two members to be nominated by the Bar Council of India
from amongst to advocates on the electrical roll of the Sate Bar
Council, to discharge the functions of the State Bar Council until
the Bar Council is constituted under this Act.
2.
On the constitution of the Special Committee and until the
State Bar Council
is constituted.—
a.
all properties and assets vesting in the State Bar Council
shall vest in the Special Committee:
b.
all rights, liabilities and obligation of the State Bar
Council, whether arising out of any contract or otherwise, shall be
the rights, liabilities and obligations of the Special committee;
c.
all proceedings pending before the State Bar Council in
respect of any disciplinary matter or otherwise shall stand
transferred to the Special committee.
2.
The Special Committee constituted under sub- section (1)
shall, in accordance with such directions as the Bar Council of
India may give to it in this behalf, hold elections to the State Bar
Council within a period of six months from the date of its
constitution under sub-section . (1) , and where, for any reason the
Special Committee is not in a position to conduct election within
the said period of six months, the Bar Council of India may, for
reasons to be recorded by it in writing, extend the said
period]
9. Disciplinary Committees.
–(1) A Bar Council shall constitute one or more disciplinary
committees, each of which shall consist of three persons of whom two
shall be a person co-opted by the Council from amongst its members
and the other shall be a person co-opted by the Council from amongst
advocates who possess the qualifications specified in the proviso to
sub-section (2) of Section 3 and who are not members of the Council,
and the senior- most advocate amongst the members of a disciplinary
committee shall be the Chairman thereof.
(2)
Notwithstanding anything contained in sub-section (1), any
disciplinary committee constituted prior to the commencement of the
Advocates (Amendment ) Act, 1964, (21 of 1964) may dispose of the
proceeding pending before it as if this section had not been amended
by the said Act.
9A. (Note:- Ins. by Act 60 of 1973,
sec.9) Constitution of
legal aid Committees.—(1) A Bar Council may constitute one or
more legal aid committees each of which shall consist of such number
of members, not exceeding nine but not less than five, as may be
prescribed].
(2) The
qualifications, the method of selection and the term of office of
the members of a legal aid committee shall be such as may be
prescribed.
10. Constitution of committees
other than disciplinary committees.—
(1)A State
Bar Council shall constitute the following standing committees,
namely;-
(a) an
executive committee consisting of five members elected by the
Council from amongst its members;
(b) an
enrolment committee consisting of three members elected by the
Council form amongst its members.
(2) The Bar
Council of India shall constitute the following standing committees,
namely :--
(a) an
executive committee consisting of nine members elected by the
Council from amongst its members;
(b) a legal
education committee consisting of ten members, of whom five shall be
persons elected by the Council from amongst its members and five
shall be persons co-opted by the Council who are not members
thereof.
(3) A State
Bar Council and the Bar Council of India may constitute from amongst
its members such other committees as it may deem necessary for the
purposes of carrying out the provisions of this Act.
10A. (Note:- Ins. by Act 60 of 1973,
sec.10) Transaction of
business by Bar Councils and committees thereof.—(1) (Note:- Subs. by Act 70 of 1993,
sec.5) The Bar council of India shall meet at New Delhi or at
such other place as it may, for reasons to be recorded in writing,
determine,]
(2) A State
Bar Council shall meet at its headquarters or at such other place as
it may, for reasons to be recorded in writing, determine .]
(3) The
committees other than disciplinary committees constituted by the Bar
Councils shall meet at the headquarters of the respective Bar
councils.
(4) Every Bar
Council and every committee thereof except the disciplinary
committees shall observe such rules of procedure in regard to the
transaction of business at their meetings as may be prescribed.
(5) The
disciplinary committees constituted under section 9 shall meet at
such times and places and shall observe such rules of procedure in
regard to the transaction of business at their meetings as may be
prescribed.
10B. (Note:- Original section 10A
renumbered as section 10B by Act 60 of 1973, sec.10.) Disqualification of members of
Bar Council.—An elected member of a Bar Council shall be deemed
to have vacated his office if he is declared by the Bar Council of
which he is a member to have been absent without sufficient excuse
from three consecutive meetings of such Council, or if his name is,
for any cause removed from the roll of advocates or if he is
otherwise disqualified under any rule made by the Bar Council of
India.
11. Staff of Bar
Council.—(1) Every Bar Council shall appoint a Secretary and may
appoint an accountant and such number of other persons on its staff
as it may deem necessary.
(2) The
secretary and the accountant, if any, shall possess such
qualifications as may be prescribed.
12.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 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.
(3) (Note:- Subs. by Act 60 of 1973,
sec.11) 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.
13. Vacancies in Bar Councils
and Committees thereof not to invalidate action taken.—No act
done by a Bar Council or any committee thereof shall be called in
question on the ground merely of the existence of any vacancy in, or
any defect in the constitution of the council or committee, as the
case may be.
14. Election to Bar Councils
not to be questioned on certain grounds.—No election of a member
to a Bar Council shall be called in question on the ground merely
that due notice thereof has not been given to any person entitled to
vote thereat , if notice of the date has, not less than thirty days
before that date, been published in the Official Gazette.
15. Power to make rules,--
(1) A Bar Council may make rules to carry out the purposes of this
chapter.
(2) In
particular, and without prejudice to the generality of the foregoing
power, such rules may provide for—
a.
(Note:- Subs. by Act
60 of 1973, sec.12) the election of members of the Bar Council
by secret ballot including the conditions subject to which persons
can exercise the right to vote by postal ballot , the preparation
and revision of electoral rolls and the manner in which the results
of elections shall be published];
b.
(Note:- Clause (b) omitted by Act 60 of 1973, sec.12)
c.
(Note:- Clause (c)
ins. by Act 38 of 1977, sec.5) the manner of election of the
Chairman and the Vice-Chairman of the Bar council];
d.
the manner in which and the authority by which doubts and
disputes as to the validity of an election to the Bar Council [(Note:- Ins. by Act 38 of 1977,
sec.5)or to the office of the Chairman or Vice- Chairman] shall
be finally decided;
e.
(Note:- Clause (e) omitted by Act 23 of 1966, sec.3)
f.
the filling of casual vacancies in the Bar Council ;
g.
the power and duties of the Chairman and the Vice- Chairman
of the bar Council ;
(ga) (Note:- Clause (ga) and (gb)
ins. by Act 60 of 1973, sec.12) the constitution of one or more
funds by a Bar Council for the purpose of giving financial
assistance or giving legal aid or advice referred to in sub- section
(2) of section 6 and sub- section (2) of section 7;
(gb) Organisation of legal aid and advice to the
poor, constitution and functions of committees and sub-committees
for that purpose and description of proceedings in connection with
which legal aid or advice may be given];
h.
the summoning and holding of meetings of the Bar Council,
[***] the conduct of business thereat, and the number of members
necessary to constitute a quorum;
i.
the constitution and functions of any committee of the Bar
council and the term of office of members of any such committee;
j.
the summoning and holding of meetings, the conduct of
business of any such committee, and the number of members necessary
to constitute a quorum;
k.
the qualifications and the conditions of service of the
secretary, the accountant and other employees of the Bar Council;
l.
the maintenance of books of accounts and other books by the
Bar council;
m. the
appointment of auditors and the audit of the accounts of the Bar
council;
n.
the management and investment of the funds of the Bar council
(3) No rules
made under this section by a State Bar Council shall have effect
unless they have been approved by the Bar Council of India.
Chapter III
ADMISSION AND ENROLMENT OF
ADVOCATES
16. Senior and other
advocates,-- (1) there shall be two classes of advocates, namely
, senior advocates and other advocates.
(2) An
advocate may, with his consent, be designated as senior advocate if
the Supreme Court or a High Court is of opinion that by virtue of
his ability[ standing at the Bar or special knowledge or experience
in law] he is deserving of such distinction.
(3) Senior
advocates, shall in the matter of their practice, be subject to such
restrictions as the Bar Council of India may, in the interest of the
legal profession, prescribe.
(4) An
advocate of the Supreme Court who was senior advocate of that Court
immediately before the appointed day shall, for the purposes of this
section, be deemed to be a senior advocate ;
[(Note:- Added by Act 21 of 1964,
sec.8) Provided that where any such senior advocate makes an
application before the 31st December, 1965, to the Bar
council maintaining the roll in which his name has been entered that
he does not desire to continue as a senior advocate, the Bar Council
may grant the application and the roll shall be altered
accordingly].
17. State Bar Councils to maintain
roll of advocates- (1) Every State Bar Council, shall prepare
and maintain a roll of advocates in which shall be entered the names
and address of –
(a) all
persons who were entered as advocates on the roll of any High Court
under the Indian Bar Councils Act, 1926 (38 of 1926) immediately
before the appointed day [(Note:- Subs. by Act 60 of 1973,
sec.14, for the work "and who within the prescribed time".)
including persons, being citizens of India, who before the
15th day of August, 1947, were enrolled as advocates
under the said Act in any area which before the said date was
comprised within India as defined in the Government of India Act,
1935, and who at any time] express an intention in the prescribed
manner to practice within the jurisdiction of the Bar Councils.
(b) all other
persons who are admitted to be advocates on the roll of the State
Bar Council under this Act on or after the appointed day.
(2) Each such
roll of advocates shall consist of two parts, the first part
containing the names of senior advocates and the second part, the
names of other advocates.
(3) Entries
in each part of the roll of advocates prepared and maintained by a
State Bar Council under this section shall be in the order of
seniority, [(Note:- Subs. by
Act 21 of 1964, sec.9, for the words "and, such seniority shall be
determined".) and, subject to any rule that may be made by the
Bar council of India in this behalf, such seniority shall be
determined] as follows-
a.
the seniority of an advocate referred to in clause (a) sub
section (1) shall be determined in accordance with his date of
enrolment under the Indian Bar Council Act, 1926 (38 of 1926)
b.
the seniority of any person who was a senior advocate of the
Supreme Court immediately before the appointed day, shall, for the
purpose of the first part of the State roll, be determined in
accordance with such principles as the Bar Council of India may
specify.
c.
(Note:- Clause (c) omitted by Act 60 of 1973, sec.14).
d.
the seniority of any other person who, on or after the
appointed day, is enrolled as a senior advocate or is admitted as an
advocate shall be determined by the date of such enrolment or
admission, as the case may be .
e.
(Note:- Ins. by Act 47
of 1980, sec.2) Notwithstanding anything contained in clause (a)
the seniority of an attorney enrolled (whether before or after the
commencement of the Advocates (Amendment) Act, 1980 as an advocate
shall be determined in accordance with the date of his enrolment as
an attorney.
(4) no person
shall be enrolled as an advocate on the roll of more than one State
Bar Council.
18. Transfer of name from one
State roll to another- (1) Notwithstanding anything contained in
section, 17 any person whose name is entered as an advocate on the
roll of any State Bar Council may make an application in the
prescribed form to the Bar Council of India for the transfer of his
name from the roll of that State Bar Council to the roll of any
other State Bar Council and, on receipt of any such application the
Bar Council of India shall direct that name of such person shall
without the payment of any fee, be removed from the roll of the
first mentioned State Bar Council and entered in the roll of the
other State Bar Council and the State Bar Councils concerned shall
comply with such direction.
[(Note:- Added by Act 21 of 1964,
sec.10) Provided that where any such application for transfer is
made by a person, against whom any disciplinary proceedings is
pending or where for any other reason if appears to the Bar Council
of India that the application for transfer has not been made bona
fide and that the transfer should not be made, the Bar Council of
India may, after giving the person making the application an
opportunity of making a representation in this behalf, reject the
application.]
(2) For the
removal of doubts it is hereby declared that where on an application
made by an advocate under sub section (1) his name is transferred
from the roll of one State Bar Council to that of another, he shall
retain the same seniority in the latter roll to which he was
entitled in the former roll.
19. State Bar Councils to send
copies of rolls of advocates to the Bar Council of India- Every
State Bar Council shall send to the Bar Council of Indian an
authenticated copy of the roll of advocates prepared by it for the
first time under this Act and shall thereafter communicate to the
Bar Council of India all alterations in, the addition to, any such
roll, as soon as the same have been made.
20. (Note:- Subs. by Act 60 of 1973,
sec.15) Special
provision for enrolment of certain Supreme Courts Advocates-(1)
Notwithstanding anything contained in this Chapter, every advocate
who is entitled a of right to practice in the Supreme Court
immediately before the appointed day and whose name is not entered
in any State roll may, within the prescribed time, express his
intention in the prescribed form to the Bar Council of India for the
entry of his name in the roll of a State Bar Council and on receipt
thereof the Bar Council of India shall direct that the name of such
advocate shall, without payment of any fee, be entered in the roll
of that State Bar Council, and the State Bar Council concerned shall
comply with such direction.
(2) Any entry
in the State roll made in compliance with the direction of Bar
Council of India under sub-section (1) shall be made in the order of
seniority determined in accordance with the provisions of
sub-section (3) of section 17.
(3) Where an
advocate referred to in sub-section (1) omits or fails to express
his intention within the prescribed time, his name shall be entered
in the roll of the State Bar Council of Delhi.
21. Disputes regarding
seniority- (1) Where the date of seniority of two or more
persons is the same, the one senior in age shall be reckoned as
senior to the other.
(2) [(Note:- Subs. by Act 60 of 1973,
sec.16) Subject as aforesaid, if any dispute arises with respect
to the seniority of any person, it shall be referred to the State
Bar Council concerned for decision.]
22. [(Note:- Subs. by Act 60 of 1973,
sec.16) Certificate of
enrolment- (1) There shall be issued a certificate of enrolment
in the prescribed form by the State Bar Council to every person
whose name is entered in the roll of advocates maintained by it
under this Act.
(2). Every
person whose name is so entered in the State roll shall notify any
change in the place of his permanent residence to the State Bar
Council concerned within ninety days of such change.]
23. Right of pre-audience-
(1) The Attorney General of India shall have pre-audience over
all other advocates.
(2) Subject
to the provision of sub- section (1), the Solicitor General of India
shall have pre-audience over all other advocates.
(3) Subject
to the provision of sub section (1) and (2), the Additional
Solicitor General of India shall have pre-audience over all other
advocates.
[(3A) (Note:- Ins. by Act 47 of 1980,
sec.3) Subject to the provision of sub-sections (1), (2), (3)
the second Additional Solicitor-General and (3A) the Advocate
General of India shall have pre-audience over all other
advocates]
(4) Subject
to the provisions of sub section (1), [(Note:- Subs. by Act 47 of 1980,
sec.3, for the brackets, figures and work "(2) and (3)" (2), (3)
and (3A)] the Advocate-General of any State shall have pre-audience
over all other advocates, and the right of pre-audience among
Advocates General inter se shall be determined by their respective
seniority.
(5) Subject
as aforesaid-
(i) senior
advocates shall have pre-audience over other advocates and
(ii) the
right of pre-audience over senior advocates inter se and other
advocates inter se shall be determined by their respective
seniority.
23. Right of pre-audience-
(1) The Attorney General of India shall have pre-audience over
all other advocates.
(2) Subject
to the provision of sub- section (1), the Solicitor General of India
shall have pre-audience over all other advocates.
(3) Subject
to the provision of sub section (1) and (2), the Additional
Solicitor General of India shall have pre-audience over all other
advocates.
[(3A) (Note:- Ins. by Act 47 of 1980,
sec.3) Subject to the provision of sub-sections (1), (2), (3)
the second Additional Solicitor-General and (3A) the Advocate
General of India shall have pre-audience over all other
advocates]
(4) Subject
to the provisions of sub section (1), [(Note:- Subs. by Act 47 of 1980,
sec.3, for the brackets, figures and work "(2) and (3)" (2), (3)
and (3A)] the Advocate-General of any State shall have pre-audience
over all other advocates, and the right of pre-audience among
Advocates General inter se shall be determined by their respective
seniority.
(5) Subject
as aforesaid-
(i) senior
advocates shall have pre-audience over other advocates and
(ii) the
right of pre-audience over senior advocates inter se and other
advocates inter se shall be determined by their respective
seniority.
24. Persons who may be admitted as
advocates on a State roll.- (1) Subject to the provisions of
this Act. And rules made thereunder, a person shall be qualified to
be admitted as an advocate on a State roll, if he fulfills the
following conditions, namely:-
a.
he is a citizen of India:
Provided that subject to the other provisions
contained in the Act, a national of any other country may be
admitted as an advocate on a State roll, if citizens of India, duly
qualified, are permitted to practice law in that other country.
b.
he has completed the age of twenty-one years.
(c) he has
obtained a degree in law-
i.
before the [(Note:-
Subs. by Act 60 of 1973, sec.18, for the words "28th day
of February,1963" 12th day of March, 1967] from any
University in the territory of India, or
ii.
before the 15th August, 1947, from any University
in any area which was comprised before that date within India as
defined by the Government of India Act, 1935, or
iii.
[Note:- Subs. by Act
60 of 1973, sec.18, for clause (iii)) after the 12th
day of March, 1967, save as provided in sub clause after undergoing
a three years course of study in law from any University in India
which is recognised for the purpose of this Act by the Bar Council
of India, or
(iiia) after undergoing a course of study in law,
the duration of which is not less than two academic years commencing
from the academic year 1967-98 or any earlier academic year from any
University in India which is recognised for the purpose of this Act
by the Bar Council of India, or]
[(Note:-
Subs. by Act 60 of 1973, sec.18, for the words "he is a barrister".)
he is barrister and is called the Bar and on before the
31st day of December, 1976 [(Note:- Ins. by Act No.107 of
1976, sec.6) "or has passed the articled clerks" examination or
any other examination specified by the High Court at Bombay or
Calcutta for enrolment as an attorney of that High Court] or has
obtained such other foreign qualification in law as is recognised by
the Bar Council of India for the purpose of admission as an advocate
under this Act.]
iv. (Note:- Ins. by Act 21 of 1964
sec.13) In any other case, from any University outside the
territory of India, if the degree is recognised for the purpose of
this Act by the Bar Council of India or
(d) (Note:- Clause (d) omitted by
Act 60 of 1973, sec.18)
e.
he fulfills such other conditions as may be specified in the
rules made by the State Bar Council under this Chapter.
f.
[(Note:- Clause (f)
subs. by Act 60 of 1973, sec.18) he has paid, in respect of the
enrolment, stamp duty, if any, chargeable under the Indian Stamp
Act, 1899, and an enrolment fee payable to the State Boar Council of
[(Note:- Subs. by Act 70 of
1993, sec.6) six hundred rupees and to the Bar Council of India,
one hundred and fifty rupees by way of a bank draft drawn in favour
of that Council.]
Provided that where such person is a member of the Schedule
Castes or the Scheduled Tribes and produces a certificate to the
effect from such authority as may be prescribed, the enrolment fee
payable by him to the State Bar Council shall be [(Note:- Subs. by Act 70 of 1993,
sec.6) one hundred rupees and to the Bar Council of India,
twenty-five rupees.]
[Explanation
- (Note:- Ins. by Act 14 of
1962, sec.2) For the purpose of this sub-section, a person,
shall be deemed to have obtained a degree in law from a University
in India on the date on which the results of the examination for
that degree are published by the University on its notice-board or
otherwise declaring him to have passed that examination.]
(2)
Notwithstanding anything contained in sub-section (1) [(Note:- Subs. by Act 21 of 1964,
sec.13, for certain words.) a vakil or a pleader who is a law
graduate] may be admitted as an advocate on a State roll , if
he-
a.
makes an application for such enrolment in accordance with
the provisions of this Act, not later than two years from the
appointed day, and
b.
fulfills the conditions specified in clauses (a), (b) and (f)
of sub-section (1).
(3) [(Note:- Sub-sections (3) and (4)
ins. by Act 21 of 1964, sec.13) Notwithstanding anything
contained in sub-section (1) a person who-
a.
(Note:- The words
"before the 31st day of March,1964 and then in force"
omitted by Act 33 of 1968, sec.2) has, for at least three years,
been a vakil or a pleader or a mukhtar or was entitled at any time
to be enrolled under any law (Note:- The words "before the
31st day of March,1964 and then in force" omitted by Act
33 of 1968, sec.2) as an advocate of a High Court (including a
High Court of a former Part B State) or of a Court of Judicial
Commissioner in any Union territory, or
aa. [(Note:- Sub-clause (aa) ins. by
Act 60 of 1973, sec.18) before the 1st day of
December, 1961 was entitled otherwise than as an advocate to
practice the profession of law (whether by way of pleading or acting
or both) by virtue of the provisions of any law, or who would have
been so entitled had he not been in public service on the said date
or.
a.
[(Note:-
Sub-clause (b) omitted by Act 60 of 1973, sec.18)].
b.
Court in any area which was comprised within Burma as defined
in the Government of India Act, 1935 or
c.
is entitled to be enrolled as an advocate under any rule made
by the Bar Council of India in this behalf,
may be
admitted as an advocate on a State roll if he-
(i) makes an application for such enrolment in accordance
with the provision s of this Act, and
i.
fulfills the conditions specified in clauses (a), (b), (e)
and (f) of sub-section (1).
1.
[(Note:- Sub-section
(4) omitted by Act 107 of 1976, sec.6)]
24 A. (Note:- Ins. by Act 60 of 1973,
sec.19) Disqualification
for enrolment - (1) No person shall be admitted as an advocate
on a State roll-
a.
if he is convicted of an offence involving moral turpitude.
b.
If he is convicted of an offence under the provision s of the
Untouchability (Offences) Act, 1955.
c.
(Note:- Ins. by Act 70
of 1993, sec.7) If he is dismissed or removed from employment or
office under the State or any charge involving moral turpitude.
Explanation-
In this clause, the expression "State" shall have the meaning
assigned to it under article 12 of the Constitution.
Provided that
the disqualification for enrolment as aforesaid shall cease to have
effect after a period of two years has elapsed since his [(Note:- Subs. by Act 70 of 1993,
sec.7) release or dismissal or, as the case may be,
removal.]
(2) Nothing
contained in sub-section (1) shall apply to a person who having been
found guilty is dealt with under the provision of the Probation of
Offenders Act, 1958 (20 of 1958)
26. Disposal of an application
for admission as an Advocate- (1) A State Bar Council shall
refer every application for admission as an advocate to is enrolment
committee, and subject to the provision of sub section (2) and (3),
[(Note:- Ins. by Act 21 of
1964, sec.14) and to any direction that may be given in writing
by the State Bar Council in this behalf] such committee shall
dispose of the application in the prescribed manner.
[(Note:- Proviso added by Act 21
of 1964, sec.14) Provided that the Bar Council of India may, if
satisfied, either on a reference made to it in this behalf or
otherwise, that any person has got his name entered on the roll of
advocates by misrepresentation as to an essential fact or by fraud
or undue influence, remove the name of such person from the roll of
advocates after giving him an opportunity of being heard.]
(2) Where the
enrolment committee of a State Bar Council proposes to refuse any
such application, it shall refer the application for opinion to the
Bar Council of India and every such reference shall be accompanied
by a Statement of the grounds in support of ht refusal of the
application.
(3) The
enrolment committee of a State Bar Council shall dispose of any
application referred to the Bar Council of India under sub-section
(2) in conformity with the opinion of the Bar Council of India.
(4) [(Note:- Ins. by Act 21 of 1964,
sec.14) Where the enrolment committee of a State Bar Council has
refused any application for admission as an advocate on its roll,
the State Bar Council shall as soon as may be, send intimation to
all other State Bar Councils about such refusal stating the name,
address and qualifications of the person whose application was
refused and the grounds for the refusal.]
26A. [(Note:- Subs. by Act 60 of 1973,
sec.20) Power to remove
names from roll - A State Bar Council may remove from the State
the roll the name of any advocate who is dead or from whom a request
has been received to that effect.]
27. Application once refused
not to be entertained by another Bar Council except in certain
circumstances- Where a State Bar Council has refused the
application of any person for admission as an advocate on its roll,
no other State Bar Council shall entertain an application for
admission of such persons as an advocate on its roll, except with
the previous consent in writing of the State Bar Council which
refused the application and of the Bar Council of India.
28. Power to make rules-
(1) A State Bar Council may make rules to carry out the purposes of
this chapter.
(2) In
particular, and without prejudice to the generally of the foregoing
power, such rules may provide for-
a.
[(Note:- Clause (a)
subs. by Act 60 of 1973, sec.21) the time within which and form
in which an advocate shall express his intention for the entry of
his name in the roll of a State Bar Council under Section 20.]
b.
[(Note:- Clause (b) omitted by Act 60 of 1973, sec.21)]
c.
the form in which an application shall be made to the Bar
Council for admission as an advocate on its roll an the manner in
which such application shall be disposed of by the enrolment
committee of the Bar Council
d.
the conditions subject to which a person may be admitted as
an advocate on any such roll.
e.
The installments in which the enrolment fee may be paid
(3) No rules
made under this Chapter shall have effect unless they have been
approved by the Bar Council of India
Chapter IV
RIGHT TO PRACTICE
29. Advocates to be the only
recognized class of persons entitled practice law- Subject to
the provision of this Act an any rules made thereafter, there shall,
as from the appointed day, be only one class of persons entitled to
practice the profession of law, namely, advocates.
31. Special provision for
attorney- (Omitted by the Advocates (Amendment Act, 1967 (107 of
1976), Sec. 7)
32. Power of Court to permit
appearance in particular cases- Notwithstanding anything
contained in this Chapter, any court, authority, or person may
permit any person, not enrolled as an advocate under this Act, to
appear before it or him in any particular case.
33. Advocates alone entitled to
practice- Except as otherwise provided in this Act or in any
other law for the time being in force, no person shall, on or after
the appointed day, be entitled to practice in any court or before
any authority or person unless he is enrolled as an advocate under
this Act.
34. Power of High Courts to
make rules- (1) The High Court may make rules laying down the
conditions subject to which an advocate shall be permitted to
practice in the High Court and the courts subordinate thereto.
(1A) The High
Court shall make rules for fixing and regulating by taxation or
otherwise the fees payable as costs by any party in respect of the
fees of his adversary’s advocate upon all proceedings in the High
Court or in any Court subordinate thereto.
2.
Without prejudice to the provisions contained in sub section
(1), the High
Court at
Calcutta may make rules providing for the holding of the
Intermediate and the Final examinations for articles clerks to be
passed by the person referred to in section 58AG for the purpose of
being admitted as advocates on the State roll and any other matter
connected therewith.
Chapter V
CONDUCT OF ADVOCATES
35. Punishment of advocates for
misconduct- (1) Where on receipt of a complaint or otherwise a
State Bar Council has reason to believe that any advocate on its
roll has been guilty of professional or other misconduct, it shall
refer the case for disposal of its disciplinary committee.
(1A) [(Note:- Sub-section (1-A) ins.
by Act 60 of 1973, sec.24) The State Bar Council may, either of
its own motion or on application made to it by any person
interested, withdraw a proceeding pending before its disciplinary
committee and direct the inquiry to be made by any other
disciplinary committee of that State Bar Council.]
(2) The
disciplinary committee of a State Bar Council (Note:- Certain words omitted by
Act 60 of 1973, sec.24) shall fix a date for the hearing of the
case a notice thereof to be given to the advocate concerned and to
the Advocate General of the State.
(3) The
disciplinary committee of a State Bar Council after giving the
advocate concerned and the Advocate –General an opportunity of being
heard, may make any of the following orders, namely-
a.
Dismiss the complaint or, where the proceedings were
initiated at the instance of the State Bar Council, direct that the
proceedings be filed.
b.
Reprimand the advocate
(c) Suspend the advocate from practice for such periods as it
may deem fit.
(d) Remove the name of the advocate from the State roll of
advocates
(4) Where an
advocate is suspended from practice under clause (c) of sub section
(3) he shall, during the period of suspension, be debarred from
practicing in any court or before any authority or person in
India.
(5) Where any
notice is issued to the Advocate-General under sub-section (2) the
Advocate –General may appear before the disciplinary committee of
the State Bar Council either in person or through any advocate
appearing on his behalf.
[Explanation
- (Note:- Ins. by Act 21 of
1964, sec.17) In this section, [(Note:- Ins. by Act 60 of 1973,
sec.24) section 37 and section 38] the expression
"Advocate-General" and "Advocate-General of the State" shall, in
relation to the Union territory of Delhi, mean the Additional
Solicitor General of India.]
36. Disciplinary powers of Bar
Council of India- (1) Where on receipt of a complaint or
otherwise the Bar Council of India has reason to believe that any
advocate (Note:- The words
"on the common roll" omitted by Act 60 of 1973, sec.25) whose
name is not entered on any State roll has been guilty of
professional or other misconduct, it shall be refer the case for
disposal to its disciplinary committee.
(2)
Notwithstanding anything contained in this Chapter, the disciplinary
committee of the Bar Council of India may, [(Note:- Subs. by Act 60 of 1973,
sec.25, for the words "of its own motion".) either of its own
motion or on a report by any State Bar Council or an application
made to it by any person interested] withdraw for inquiry before
itself any proceedings for disciplinary action against any advocate
pending before the disciplinary committee of any State Bar Council
and dispose of the same.
(3) The
disciplinary committee of the Bar Council of India disposing of any
case under this section, shall observe, so far as may be, the
procedure laid down in Section 35, the references to the
Advocate-General in that section being construed as references to
the Attorney-General of India.
(4) In
disposing of any proceedings under this section the disciplinary
committee of the Bar Council of India may make any order which the
disciplinary committee of a State Bar Council can make under
sub-section (3) of section, 35 and where any proceedings have been
withdrawn for inquiry [(Note:- Subs. by Act 60 of 1973,
sec.26) before the disciplinary committee of the Bar Council of
India] the State Bar Council concerned shall give effect to any such
order.
36A. [(Note:- Ins. by Act 60 of 1973,
sec.26) Changes in
constitution of disciplinary committee- Whenever in respect of
any proceedings under Section 35 or Section 36, a disciplinary
committee of the State Bar Council or a disciplinary committee of
the Bar Council of India ceases to exercise jurisdiction and is
succeeded by another committee which has and exercise jurisdiction ,
the disciplinary committee of the State Bar Council or the may
continue the proceedings from the stage at which the proceedings
were so left by its predecessor committee.
36B. Disposal of disciplinary
proceedings- (1) The disciplinary committee of a State Bar
Council shall dispose of the complaint received by it under Section
35 expeditiously and in each cash the proceedings shall be concluded
within a period of one year from the date of the receipt of the
complaint or the date of initiation of the proceedings at the
instance of the State Bar Council, as the case may be, failing which
such proceedings shall stand transferred to the Bar Council of India
which may dipose of the same as if it were a proceeding withdrawn
for inquiry under sub section (2) of section 36.
(2)
Notwithstanding anything contained in sub section (1) where on the
commencement of the Advocates (Amendment) Act, 1973, any proceedings
in respect of any disciplinary matter against an advocate is pending
before the disciplinary committee of a State Bar Council, that
disciplinary committee of the State Bar Council shall dispose of the
same within a period of six months from the date of such complaint,
or, as the case may be, the date of initiation of the proceedings at
the instance of the State Bar Council, whichever is later, failing
which such other proceeding shall stand transferred to the Bar
Council of India for disposal under sub-section.
38. Appeal to the Supreme
Court – Any person aggrieved by an order made by the
disciplinary committee of the Bar Council of India under Section 36
or Section 37 [(Note:- Ins.
by Act 60 of 1973, sec.27) or the Attorney-General of India or
the Advocate-General of the State concerned as the case may be],
within sixty days of the date on which the order is communicated to
him, prefer an appeal to the Supreme Court and the Supreme Court may
pass such order [(Note:- Ins.
by Act 60 of 1973, sec.27) including an order varying the
punishment awarded by the disciplinary committee of the Bar Council
of India] thereon as it deems fit :
[(Note:- Ins. by Act 60 of 1973,
sec.28) Provided that no order of the disciplinary committee of
the Bar Council of India shall be varied by the Supreme Court so as
to prejudicially affect the person aggrieved without giving him a
reasonable opportunity of being heard.]
Comments: In an appeal under Section
38 of the Act this Court would not, as a general rule, interfere
with the concurrent @page-SC113 finding of fact by the Disciplinary
Committee of the Bar Council of India and the State Bar Council
unless the finding is based on no-evidence or it proceeds on mere
conjectures and surmises. Finding in such disciplinary proceedings
must be sustained by a higher degree of proof than that required in
civil suits, yet falling short of the proof required to sustain a
conviction in a criminal prosecution. There should be convincing
preponderance of evidence. Pandurang Dattatraya Khandekar
v. The Bar Council of
Maharashtra, AIR 1984 SUPREME COURT 110
39. [(Note:- Subs. by Act 60 of 1973,
sec.29) Application of
sections 5 and 12 of Limitation Act, 1963. – The provisions of
sections 5 and 12 of the Limitation Act, 1963, shall, so far as may
be, apply to appeals under Section 37 and Section 38.]
40. Stay of order. – [(1) (Note:- Section 40 renumbered
as sub-section (1) thereof and sub-section (2) ins. by Act 60 of
1973, sec.30)] An appeal, made under section 37 or section 38,
shall not operate as a stay of the order appealed against, but the
disciplinary committee of the Bar Council of India or the Supreme
Court, as the case may be, may for sufficient cause direct the stay
of such order on such terms and conditions as it may deem fit.
(2) [(Note:- Section 40 renumbered as
sub-section (1) thereof and sub-section (2) ins. by Act 60 of 1973,
sec.30 Where an application is made for the stay of the order
before the expiration of the time allowed for appealing therefrom
under Section 37 or Section 38, the disciplinary committee of the
State Bar Council, or the disciplinary committee of the Bar Council
of India, as the case may be, may, for sufficient cause, direct the
stay of such order on such terms and conditions as it may deem
fit.]
41. Alteration in roll of
Advocate. – (1) Where an order is made under this Chapter
reprimanding or suspending an advocate, a record of the punishment
shall be entered against his name:-
a.
in the case of an advocate whose name is entered in a State
roll, in that roll ;
b.
(Note:- Clause (b) omitted by Act 60 of 1973, sec.31) any
where any order is made removing an advocate from practice his name
shall be struck off the State roll (Note:- The words "or the common
roll, as the case may be" omitted by Act 60 of 1973, sec.31)
2.
(Note:- Sub-section (2) omitted by Act 60 of 1973, sec.31)
3.
Where any advocate is suspended or removed from practice, the
certificate granted to him under Section 22, in respect of his
enrolment shall be recalled.
42. Powers of disciplinary
committee. – (1) The disciplinary committee of the Bar Council
shall have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908), in respect of the
following matters, namely ;-
a.
summoning and enforcing the attendance of any person and
examining him on oath ;
b.
requiring discovery and production of any documents ;
c.
receiving evidence on affidavits ;
d.
requisitioning any public record or copies thereof from any
court or office ;
e.
issuing commissions for the examination of witness or
documents ;
f.
any other matter which may be prescribed ;
Provided that
no such disciplinary committee shall have the right to require the
attendance of
a.
any presiding officer of a court except with the previous
sanction of the High Court to which court is subordinate ;
b.
any officer of a revenue court except with the previous
sanction of the State Government.
(2) All
proceedings before a disciplinary committee of a Bar Council shall
be deemed to be judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every
such disciplinary committee shall be deemed to be a civil court for
the purpose of sections 480, 482 and 485 of Code of Criminal
Procedure, 1898 (5 of 1898).
(3) For the
purpose of exercising any of the powers conferred by sub section
(1), a disciplinary committee may send to any civil court in the
territories to which this Act extends, any summons or other process,
for the attendance of a witness or the production of a document
required by the committee or any commission which it desires to
issue, and civil court shall cause such process to be served or such
commission to be issued as the case may be, and may enforce any such
process as if it were a process for attendance or production before
itself.
(4) (Note:- Sub-sections (4) and (5)
ins. by Act 60 of 1973, sec.32) Notwithstanding the absence of
the Chairman or any member of a disciplinary committee on a date
fixed for the hearing of a case before it, the disciplinary
committee may, if it so thinks fit, hold or continue the proceedings
on the date so fixed and no such proceedings and no order made by
the disciplinary committee in any such proceedings shall be invalid
merely by reason of the absence of the Chairman or member thereof on
any such date.
Provided that
no final orders of the nature referred to in sub-section (3) of
Section 35 can be made in any proceedings unless the Chairman and
other members of the disciplinary committee are present.
(5) Where no
final order of the nature referred to in sub section (3) of section
35 can be made in any proceedings in accordance with the opinion of
the Chairman and the members of a disciplinary committee either for
want of majority opinion amongst themselves or otherwise, the case,
with their opinion thereon, shall be laid before the Chairman of the
Bar Council concerned or if the Chairman if the Bar Council is
acting as the Chairman or a member of the disciplinary committee,
before the Vice Chairman of the Bar Council, and the said Chairman
or the Vice Chairman of the Bar Council, as the case may be, after
such hearing as he thinks fit, shall deliver his opinion and the
final order of the disciplinary committee shall follow such
opinion.
42A. [(Note:- Ins. by Act 60 of 1973,
sec.33) Powers of Bar
Council of India and other committee-The provisions of section
42, shall so far as may be, apply in relation to the Bar Council of
India, the enrolment committee, the election committee, the legal
aid committee, or any other committee of a Bar Council as they apply
in relation to the disciplinary committee of a Bar Council.]
43. Cost of proceedings
before a disciplinary committee- The disciplinary committee to a
Bar Council may, make such order as to the cost of any proceedings
before it as it may deem fit and any such order shall be executable
as if it were an order-
a.
in the case of an order of the disciplinary committee of the
Bar Council of India, of the Supreme Court.
b.
In the case of an order of the disciplinary committee of a
State Bar Council, of the High Court.
44. Review of orders by
disciplinary committee- The disciplinary committee of a Bar
Council may of its own motion or otherwise review any order [(Note:- Ins. by Act 60 of 1973,
sec.34) within sixty days of the date of that order] passed by
it under this Chapter.
Provided that
no such order of review of the disciplinary committee of a State Bar
Council shall have effect unless it has been approved by the Bar
Council of India.
Chapter VI
MISCELLANEOUS
45. Penalty for persons
illegally practicing in courts and before other authorities- Any
person who practices in any court or before any authority or person,
in or before whom he is not entitled to practice under the
provisions of this Act, shall be punishable with imprisonment for a
term which may extend to six months.
46. Payment of part of
enrolment fees to the Bar Council of India- [Omitted by Act 70
of 1993, sec. 8]
47. Reciprocity- (1) Where
any country, specified by the Central Government in this behalf by
notification in the official Gazette, prevents citizens of India
from practicing the profession of law or subjects them to unfair
discrimination in that country, no subject of any such country shall
be entitled to practice the profession of law in India.
(2) Subject
to the provisions of sub section (1), the Bar Council of India may
prescribe the conditions, if any, subject to which foreign
qualification in law obtained by persons other than citizens of
India shall be recognized for the purpose of admission as an
advocate under this Act.
48. Indemnity against legal
proceedings - No suit or other legal proceeding shall lie
against any Bar Council or any committee thereof or a member of a
Bar Council [(Note:- Ins. by
Act 60 of 1973, sec.36) or any Committee thereof] for any act in
good faith done or intended to be done in pursuance of the
provisions of this Act or of any rules made thereunder.
48AA. [(Note:- Ins. by Act 60 of 1973,
sec.37) Review - The
Bar Council of India or any of its committee, other than its
disciplinary committee, may of its own motion or otherwise review
any order, within sixty days of the date of that order, passed by it
under this Act.]
48B. [(Note:- Ins. by Act 21 of 1968,
sec.19) Power to give
directions - (1) For the proper and efficient discharge of the
functions of a State Bar Council or any Committee thereof, the Bar
Council of India may, in the exercise of its powers of general
supervision and control, give such directions to the State Bar
Council or any committee thereof as may appear to it to be
necessary, and the State Bar Council or the committee shall comply
with such directions.
(2) Where a
State Bar Council is unable to perform its functions for any reason
whatsoever, the Bar Council of India may, without prejudice to the
generality of the foregoing power, give such directions to the ex
officio member thereof as may appear to it to be necessary, and such
directions shall have effect notwithstanding anything contained in
the rules made by the State Bar Council.]
49. General power of the Bar
Council of India to make rules- [(Note:- Section 49 renumbered as
sub-section (1) thereof by Act 60 of 1973, sec.38) (1)] The Bar
Council of India may make rules for discharging its functions under
this Act and in particular, such rules may prescribe.
a.
(Note:- Clause (a)
subs. by Act 21 of 1964, sec.20) the conditions subject to which
an advocate may be entitled to vote at an election to the State Bar
Council, including the qualifications or disqualification of voters,
and the matter in which an electoral roll of voters may be prepared
and revised by a State Bar Council.
(ab) Qualifications for membership of a Bar
Council and the disqualification for such membership.
(ac) the time within which and the manner in which
effect may be given to the proviso to sub section (2) of section
3
(ad) the manner in which the name of any advocate
may be prevented from being entered in more than one State
roll.
(ae) the manner in which the seniority among
advocates may be determined
(af) [(Note:- Clause (af) subs. by Act
60 of 1973, sec.38) the minimum qualification required for
admission to a course of degree in law in any recognized
University.]
(ag) the class or category of persons entitled to
be enrolled as advocates.
(ah) the conditions subject to which an advocate
shall have the right to practice and the circumstances under which a
person shall be deemed to practice as an advocate in a court.
b.
the form in which an application shall be made for the
transfer of the name of an advocate from one State roll to another.
c.
The standards of professional conduct and etiquette to be
observed by advocates.
d.
The standards of legal education to be observed by university
in India and the inspection of Universities for that purpose.
e.
The foreign qualifications in law obtained by person other
than citizens of India which shall be recognized for the purpose of
admission as an advocate under this Act.
f.
The procedure to be followed by the disciplinary committee of
a State Bar Council and by its own disciplinary committee.
g.
The restrictions in the matter of practice to which senior
advocates shall be subject.
gg. [(Note:- Clause (gg) ins. by Act
60 of 1973, sec.38) the form of dresses or robes to be worn by
advocates, having regard to the climatic conditions, appearing
before any court or tribunal.]
a.
The fees which may be levied in respect of any mater under
this Act.
b.
[(Note:- Subs. by Act
21 of 1964, sec.20, for clause (I)) General principles for
guidance of State Bar Councils and the manner in which directions
issued made by the Bar Council of India may be enforced.]
c.
Any other matter which may be prescribed.
[(Note:- Proviso ins. by Act 60
of 1973, sec.38) Provided that no rules made with reference to
clause (c) or clause (gg) shall have effect unless they have been
approved by the Chief Justice of India.]
[(Note:- Subs. by Act 60 of 1973,
sec.38, for the words "Provided that" Provided further that] no
rules made with reference to clause (e) shall have effect unless
they have been approved by the Central Government.
[(Note:- Sub-section (2) ins. by
Act 60 of 1973, sec.38) (2) Notwithstanding anything contained
in the first proviso to sub section (1) any rule made with reference
to clause (c) or clause (gg) of the said sub section and in force
immediately before commencement of the Advocates (Amendment) Act,
1973, shall continue in force until altered or repealed or amended
in accordance with the provisions of this Act.]
49A. (Note:- Ins. by Act 21 of 1964,
sec.21) Power of Central
Government to make rules- (1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out
the purpose of this Act including rules with respect to any matter
for which the Bar Council of India or a State Bar Council has power
to make rules.
(2) In
particular and without prejudice to the generally of the foregoing
power, such rules may provide for-
a.
Qualification of membership of a Bar Council and
disqualification for such membership.
b.
The manner in which the Bar Council of India may exercise
supervision and control over State Bar Councils and the manner in
which the directions issued to orders made by the Bar Councils of
India may be enforced.
c.
The class of category of persons entitled to be enrolled as
advocates under this Act.
d.
The category of persons who may be exempted from undergoing a
course of training and passing an examination prescribed under
clause (d) if sub section (1) of section 24.
e.
The manner in which seniority among advocates may be
determined.
f.
The procedure to be followed by a disciplinary committee of a
Bar Council in hearing cases and the procedure to be followed by a
disciplinary committee of the Bar Council of India in hearing
appeals.
g.
Any other matter which may be prescribed
3.
(3) Rules under this section may be made either for the whole
of India or for all or any of the Bar Councils.
(4) If any
provision of a rule made by a Bar Council is repugnant to any
provision of a rule made by the Central Government under this
section, then, the rule under this section, whether before made or
after the rule made by the Bar Council, shall prevail and the rule
made by the Bar Council shall, to the extent of the repugnancy, be
void.
5.
[(Note:- Sib-section
(5) Subs. by Act 60 of 1973, sec.39) Every rule made under this
section shall be laid, as soon as may be after it is made, before
each House of Parliament , while it is in session for a total period
of thirty day which may be comprised in one session or in two or
more successive session and if, before the expiry of the sessions
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule
of both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no
effect, as the case may be ; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule].
50. Repeal of certain
enactments – (1) On the date on which a State Bar Council is
constituted under this Act, the provisions of sections 3 to 7
(inclusive), sub-sections (1), (2) and (3) of section 15 and section
20 of the Indian Bar Council Act, 1926 (38 of 1926), shall stand
repealed in the territory for which the State Bar Council is
constituted.
(2) On the date on which Chapter III comes into force, the
following shall stand repealed namely :-
a.
sections 6, 7, 18 & 37 of the Legal Practitioners Act,
1879 (18 of 1879) and so much of sections 8,9, 16, 17, 19 and 41 of
that Act as relate to admission and enrolment of legal practitioners
;
b.
sections 3, 4 and 6 of the Bombay Pleaders Act, 1920 (Bombay
Act 17 of 1920) ;
c.
so much of section 8 of the Indian Bar Councils Act, 1926 (38
of 1926), as relate to the admission and enrolment of legal
practitioners ;
d.
the provisions of the Letters Patent of any High Court and of
any other law in so far as they relate to the admission and
enrolment of legal practitioners.
(3) On the date on which Chapter IV comes into force, the
following shall stand repealed, namely :-
a.
sections 4,5, 10 and 20 of the Legal Practitioners Act, 1879
(18 of 1879) and so much of sections 8, 9 19 and 41 of that Act as
confer on legal practitioners the right to practice in any court or
before any authority of person ;
b.
sections 5,7,8 and 9 of the Bombay Pleaders Act, 1920 (Bombay
Act 17 of 1920) ;
c.
section 14 of the Indian Bar Councils Act, 1926 (38 of 1926),
and so much of sections 8 and 15 of that Act as confer on legal
practitioners the right to practice in any court or before any
authority or person ;
d.
the Supreme Court Advocates (Practice in High Courts) Act,
1951 (18 of 1951) ;
e.
the provisions of the Letters Patent of any High Court and of
any other law conferring on legal practitioners the right to
practice in any court or before any authority or person.
(4) On the date on which Chapter V comes into force, the
following shall stand repealed, namely :-
a.
sections 12 to 15 (inclusive), sections 21 to 24 (inclusive)
and sections 39 and 40 of the Legal Practitioners Act, 1879 (18 of
1879), and so much of sections 16, 17 and 41 of that Act as relate
to the suspension, removal or dismissal of legal practitioners ;
b.
sections 24 to 27 (inclusive) of the Bombay Pleaders Act,
1920 (17 of 1920);
c.
sections 10 to 13 (inclusive) of the Indian Bar Councils Act,
1926 (38 of 1926) ;
d.
the provisions of the Letters Patent of any High Court and of
any other law in so far as they relate to the suspension, removal or
dismissal of legal practitioners.
(5) When the whole of this Act has come into force –
a.
the remaining provisions of the Acts referred to in this
section which do not stand repealed by virtue of any of the
foregoing provisions of this Section (except sections 1, 3 and 36 of
the Legal Practitioners Act, 1879 (18 of 1879) shall stand repealed
;
b.
the enactments specified in the Schedule shall stand repealed
to the extent mentioned therein.
51. Rule of construction –
On and from the appointed day, reference in any enactment to an
advocate enrolled by a High Court in any from of words shall be
construed as reference to an advocate enrolled under this Act.
52. Saving- Nothing in this
Act shall be deemed to affect the power for the Supreme Court to
make rules under Article 145 if the Constitution-
a.
for laying down the conditions subject to which a senior
advocate shall be entitled to practice in that Court.
b.
For determining the persons who shall be entitled to [(Note:- Subs. by Act 70 of 1993,
sec.9)act or plead] in that Court.
Chapter VII
TEMPORARY AND TRANSITIONAL
PROVISIONS
53. Elections of first State
Bar Council- Notwithstanding anything contained in this Act, the
elected members of a State Bar Council constituted for the first
time under this Act, shall be elected by and from amongst advocates,
vakils, pleaders and attorneys, who on the date of the election, are
entitled as of right to practice in the High Court and are
ordinarily practicing within the territory for which the Bar Council
is to be constituted.
Explanation - Where the
territory for which the Bar Council is to be constituted includes a
Union territory, the expression "High Court" shall include the Court
of the Judicial Commissioner of that Union territory.
54. Term of office of members
of first (Note:- The words
"the Bar Council of India and" deleted by Act 21 of 1964, sec.22 and
shall be deemed always have been deleted) State Bar Council-
Notwithstanding anything contained in this Act, the term of office
of the (Note:- The words
"nominated and" omitted by Act 14 of 1962, sec.3) elected
members of (Note:- The words
"the Bar Council of India and" deleted by Act 21 of 1964, sec.22 and
shall be deemed always have been deleted.) a State Bar Council
constituted for the first time, shall be two years from the date of
the first meeting of the Council.
[(Note:- Ins. by Act 21 of 1964,
sec.22(ii) and shall be deemed to have always been inserted)
Provided that such members shall continue to hold office until
the State Bar Council is reconstituted in accordance with the
provisions of this Act.]
55. Rights of certain existing
legal practitioners not affected- Notwithstanding anything
contained in this Act,-
a.
every pleader or vakil practicing as such immediately before
the date on which Chapter IV comes into force (hereinafter in this
section referred to as the said date) by virtue of the provisions of
the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders
Act, 1920 (17 of 1920), or any other law who does not elect to be or
is not qualified to be enrolled as an advocate under this Act.
b.
[(Note:- Clause (b)
omitted by Act 107 of 1976, sec.10)]
c.
[(Note:- Subs. by Act
21 of 1964, sec.23) every mukhtar practicing as such immediately
before the said date by virtue of the provisions of the Legal
Practitioners Act, 1879, or any other law, who does not elect to be,
or is not qualified to be, enrolled as an advocate under this Act.
d.
Every revenue agent practicing as such immediately before the
said date by virtue of the provisions of the Legal Practitioners
Act, 1879 or any other law]; shall, notwithstanding the repeal by
this Act of the relevant provisions of the Legal Practitioners Act,
1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of
1920) or other law, continue to enjoy the same rights as respects
practice in any court or revenue office or before any authority or
person and be subject to the disciplinary jurisdiction of the same
authority which he enjoyed or, as the case may be, to which he was
subject immediately before the said date and accordingly the
relevant provisions of the Acts or law aforesaid shall have effect
in relation to such persons as if they had not been repealed.
56. Dissolution of existing Bar
Council- (1) on the constitution under this Act of a State Bar
Council other than the Bar Council of Delhi hereinafter referred to
as the new Bar Council.
a.
All properties and assets vesting in the corresponding Bar
Council shall vest in the new Bar Council.
b.
All rights, liabilities, and obligations of the corresponding
Bar Council whether arising out of any contract or otherwise, shall
be the rights, liabilities and obligations respectively of this new
Bar Council.
c.
All proceedings pending before the corresponding Bar Council
in respect of any disciplinary matter or otherwise shall stand
transferred to the new Bar Council.
(2) In this
section, "corresponding Bar Council" in relation to a State Bar
Council, other than the Bar Council of Delhi, means the Bar Council
for the High Court in the territory for which the State Bar Council
is constituted under this Act.
57. Power to make rules pending
the constitution of a Bar Council- Until a Bar Council is
constituted under this Act the power of that Bar Council to make
rules under this Act shall be exercised-
a.
in the case of the Bar Council of India, by the Supreme Court
b.
in the case of a State Bar Council, by the High Court.
58. (Note:- Ins. by Act 14 of 1962,
sec.4 and shall be deemed to have always been inserted) Special provisions during the
transitional period- (1) Where a State Bar Council has not been
constituted under this Act or where a State Bar Council so
constituted is unable to perform its functions by reasons of any
order of a court of otherwise, the functions of the Bar Council or
any Committee thereof, in so far as they relate to the admission and
enrolment of advocates, shall be performed by the High Court in
accordance with the provision of this Act.
(2) Until
Chapter Iv comes into force, a State Bar Council or a High Court
performing the functions of a State Bar Council may enroll any
person to be an advocate on a State roll, if he is qualified to be
so enrolled under this Act, notwithstanding that no rules have been
made under section 28 or that the rules so made have not been
approved by the Bar Council of India, and every person so enrolled
shall, until that Chapter comes into force, be entitled to all the
rights of practice conferred on an advocate under section 14 of the
Indian Bar Council Act, 1926.
(3)
Notwithstanding anything contained in this Act, every person who
immediately before the 1st day of December, 1961 was an
advocate on the roll of any High Court under the Indian Bar Councils
Act, 1926 or who has been enrolled as an advocate under this Act,
until Chapter IV comes into force, by entitled as of right to
practice in the Supreme Court, subject to the rule, made by the
Supreme Court in this behalf.
(4)
Notwithstanding the repeal by sub-section (2) of section 50 of the
provisions of the Legal Practitioners Act, 1879, or of the Bombay
Pleaders Act, 1920, [(Note:-
Subs. by Act 32 of 1962, sec.3 and shall be deemed always to have
been so substituted) or of any other law relating to the
admission and enrolment of legal practitioners the provision of the
Acts, and law aforesaid and any rules made thereunder in so far as
the relate to [(Note:- Subs.
by Act 21 of 1964, sec.25, for the words "the issue and renewal")
the renewal or the issue by way of renewal] of a certificate to
a legal practitioner authrorising him to practice shall have effect
until Chapter IV comes into force and, accordingly, every
certificate issued or renewed to legal practitioners (who is not
enrolled as an advocate under this Act which is or purports to be
issued or renewed under the provisions of either of the aforesaid
Acts (or of the other law) during the period beginning with the
1st day of December, 1961 and ending with the date on
which Chapter IV comes into force, shall be deemed to have been
validly issued or renewed.]
58A. [(Note:- Ins. by Act 21 of 1964,
sec.25) Special
provisions with respect to certain Advocates- (1)
Notwithstanding anything contained in this Act, all advocates who
immediately before the 26th day of July, 1948 were
entitled to practice in the High Court in Allahabad or the Chief
Court in Oudh and who under the provision of the United Provinces
High Courts (Amalgamation) Order, 1948 were recognized as advocates
entitled to practice in the new High Court of Judicature at
Allahabad but whose names were not formally entered on the roll of
advocates of that High Court merely by reason of the non-payment of
the fee payable to the Bar Council of the said High Court, and all
advocates were enrolled as such between the said date and the
26th day of May, 1952, shall for the purpose of clause
(a) (1) of section 17 be deemed to by persons who were entered as
advocates on the roll of the said High Court under the Indian Bar
Council Act, 1926 and every such person may, on an application being
made in this behalf, be admitted as advocate on the State roll of
Uttar Pradesh.
(2)
Notwithstanding anything contained in this Act, all advocates who
immediately before the 10th day of October, 1952 were
entitled to practice in the High Court of Hyderabad but whose names
were not formally entered on the roll of advocates of that High
Court merely by reason of the non payment of the fee payable to the
Bar Council of the said High Court shall, for the purpose of clause,
(a) of sun section (1) of section 17 be deemed to be persons who
were entered as advocates on the roll of the said High Court under
the Indian Bar Councils Act, 1926 and every such person may, on an
application being made in this behalf, be admitted as an advocate on
the State roll of Andhra Pradesh or of Maharashtra.
(3)
Notwithstanding anything contained in this Act, all advocates, who,
immediately before the 1st day of May, 1960, were
entitled to practice in the High Court of Bombay and who applied to
get names entered on the roll of advocates of the High Court of
Gujrat under the provisions of section 8 of the Indian Bar Councils
Act, 1926 but whose names were not so entered by reason of the
repeal of the said provision shall, for the purpose of clause (a) of
sub section (1) of section 17, be deemed to be persons who were
entered as advocates on the roll of the High Court of Gujrat under
the said Act and every such person may, on an application being made
in this behalf, be admitted as an advocate on the State roll of
Gujarat.
(4)
Notwithstanding anything contained in this Act, all persons who
immediately before the 1st day of December, 1961, were
advocates on the roll of the Court of Judicial Commissioner in any
Union territory under any law in force in that territory shall, for
the purpose of clause (a) of sub section (1) of section 17, be
deemed to be persons who were entered as advocates on the roll of
High Court under the Indian Bar Councils Act, 1926 and every such
person may, on an application made in this behalf, be admitted as an
advocate on the State roll maintained in respect of that Union
territory.]
58AA. [(Note:- Ins. by Act 26 of 1968,
sec.3 and Sch., Part I) Special Provisions in relation
to the Union territory of Pondicherry - (1) Notwithstanding
anything contained in this Act, all persons who, immediately before
the date on which the provisions of Chapter II are brought into
force in the Union territory of Pondicherry, were entitled to
practice the profession of law (whether by way of pleading or acting
or both) under any law in force in the said Union territory or who
would have been so entitled had they not been in public service on
the said date, shall for the purpose of clause( a) of sub section
(1) of section 17, be deemed to be persons who were entered as
advocates on the roll of a High Court under the Indian Bar Council
Act, 1926, and every such person may, on an application made in this
behalf within such time as may be specified by the Bar Council of
Madras, be admitted as an advocate on the State roll maintained in
respect of the said Union territory.
(2)
Notwithstanding anything contained in this Act, every person, who
immediately before the date on which the provisions of Chapter IV
are brought into force in the Union territory of Pondicherry, was
practicing the profession of law (whether by way of pleading or
action or both or in any other way) by virtue of the provisions of
any law in force in the said Union territory of Pondicherry, was
practicing the profession of law (whether by way of pleading or
acting or both or any other way) by virtue of the provisions of any
law in force in the said Union territory, who does not elect to be
or is not qualified to be, enrolled as an advocate under sub section
(1), shall notwithstanding the repeal of the relevant provisions of
such law by the Pondicherry (Extension of Laws) Act, 1968, continue
to enjoy the same rights as respects in any court or revenue office
or before any authority or person and be subject to the disciplinary
jurisdiction of the same authority which he enjoyed, or as the case
may be, to which he was subject, immediately before the said date
and accordingly the relevant provisions of the law aforesaid shall
have effect in relation to such persons as if they had not been
repealed.]
58AB. [(Note:- Ins. by Act 33 of 1968,
sec.3) Special
provisions with respect to certain persons enrolled by Mysore State
Bar Council- Notwithstanding anything contained in this Act or
any judgement, decree or order of any court or any resolution passed
or direction given by the Bar Council of India, every person who was
admitted as an advocate on the State roll by the State Bar Council
of Mysore during the period beginning with the 28th day
of February, 1963, and ending on the 31st day of March,
1964, on the basis of his having obtained a certificate of
pleadership from the High Court of Mysore, shall, save as otherwise
provided, de deemed to have been validity admitted as an advocate on
that State roll and accordingly entitled to practice the profession
of law( whether by way of acting or both).
Provided that
where any such person has been elected to be enrolled as an advocate
on the roll of any other State Bar Council, his name shall be deemed
to have been struck off the roll of the State Bar Council, of Mysore
from the date of he was enrolled by the other State Bar
Council.
Provided
further that the seniority of such person, whether his name is borne
on the State roll of the State Bar Council of Mysore, or on the
State roll of any other Bar Council, shall for the purposes of
clause(d) of sub section (3) of section 17, be determined by
reckoning the 16th day of May, 1964 as the date of
admission.]
58AB. [(Note:- Ins. by Act 33 of 1968,
sec.3) Special
provisions with respect to certain persons enrolled by Mysore State
Bar Council- Notwithstanding anything contained in this Act or
any judgement, decree or order of any court or any resolution passed
or direction given by the Bar Council of India, every person who was
admitted as an advocate on the State roll by the State Bar Council
of Mysore during the period beginning with the 28th day
of February, 1963, and ending on the 31st day of March,
1964, on the basis of his having obtained a certificate of
pleadership from the High Court of Mysore, shall, save as otherwise
provided, de deemed to have been validity admitted as an advocate on
that State roll and accordingly entitled to practice the profession
of law( whether by way of acting or both).
Provided that
where any such person has been elected to be enrolled as an advocate
on the roll of any other State Bar Council, his name shall be deemed
to have been struck off the roll of the State Bar Council, of Mysore
from the date of he was enrolled by the other State Bar
Council.
Provided
further that the seniority of such person, whether his name is borne
on the State roll of the State Bar Council of Mysore, or on the
State roll of any other Bar Council, shall for the purposes of
clause(d) of sub section (3) of section 17, be determined by
reckoning the 16th day of May, 1964 as the date of
admission.]
58AC. [(Note:- Sections 58AC, 58AD,
58AE and 58AF ins. by Act 60 of 1973, sec.40) Special provisions with respect
to certain persons enrolled by Uttar Pradesh State Bar Council-
Notwithstanding anything contained in this Act or any judgement,
decree or order of any court, every person who was enrolled as an
advocate by the High Court during the period beginning with the
2nd day of January, 1962 and ending on the
25th day of May, 1962 and was subsequently admitted as an
advocate on the State roll by the State Bar Council of Uttar Pradesh
shall be deemed to have been validity admitted as an advocate on
that State roll from the date of his enrolment by the High Court and
accordingly entitled to practice the profession of law ( whether by
way of pleading or acting or both).
58AD. Special provisions with
respect to certain persons migrating to India- Notwithstanding
the repeal by this Act of the provisions of the Legal Practitioner
Act, 1879, or of any other law relating to the admission and
enrolment of legal practitioners (hereafter in this Section referred
to as such Act or law), every person who migrates to the territory
of India from any area which, before the 15th day of
August, 1947, was comprised within India as defined in the
Government of India Act, 1935, and who has , before such migration,
been a pleader, mukhtar or revenue agent in any such area under any
law in force therein, may be admitted and enrolled under the
relevant provisions of such Act or law as a pleader, mukhtar or, as
the case may be, revenue agent, if he-
a.
makes an application for the purpose to the appropriate
authority under such Act or law, and
b.
is a citizen of India and fulfills other conditions, if any,
specified in this behalf by the appropriate authority aforesaid, and
notwithstanding the repeal by this Act of the relevant provisions of
such Act or law, every pleader, mukhtar or revenue agent so enrolled
shall have the same right as respects practice in any court or
revenue office or before any other authority or person and be
subject to the disciplinary jurisdiction of the same authority to
which he would be subject under the relevant provisions of such Act
or law as if they had been repealed and accordingly, those
provisions shall have effect in relation to such persons.
58AD. Special provisions with
respect to certain persons migrating to India- Notwithstanding
the repeal by this Act of the provisions of the Legal Practitioner
Act, 1879, or of any other law relating to the admission and
enrolment of legal practitioners (hereafter in this Section referred
to as such Act or law), every person who migrates to the territory
of India from any area which, before the 15th day of
August, 1947, was comprised within India as defined in the
Government of India Act, 1935, and who has , before such migration,
been a pleader, mukhtar or revenue agent in any such area under any
law in force therein, may be admitted and enrolled under the
relevant provisions of such Act or law as a pleader, mukhtar or, as
the case may be, revenue agent, if he-
a.
makes an application for the purpose to the appropriate
authority under such Act or law, and
b.
is a citizen of India and fulfills other conditions, if any,
specified in this behalf by the appropriate authority aforesaid, and
notwithstanding the repeal by this Act of the relevant provisions of
such Act or law, every pleader, mukhtar or revenue agent so enrolled
shall have the same right as respects practice in any court or
revenue office or before any other authority or person and be
subject to the disciplinary jurisdiction of the same authority to
which he would be subject under the relevant provisions of such Act
or law as if they had been repealed and accordingly, those
provisions shall have effect in relation to such persons.
58AE. Special provisions in
relation to the Union territory of Goa, Daman and Diu – (1)
Notwithstanding anything contained in this Act, all persons who,
immediately before the date on which the provisions of Chapter III
are brought into force in the Union territory of Goa, Daman and Diu,
were entitled to practice the profession of law (whether by way of
pleading or acting or both) under any law in force in the said Union
territory or who would have been so entitled had they not been in
public service on the said date, shall. For the purpose of clause
(a) of sub section (1) of section 17, be deemed to persons who were
entered as advocates on the roll of a High Court under the Indian
Bar Councils Act, 1926, and every such person may on an application
made in this behalf within such time as may be specified by the Bar
Council of Maharashtra, be admitted as an advocate on the State
roll, maintained in respect of the said Union territory.
Provided that
the provisions of this sub section shall not apply to any person
who, on the date of the application aforesaid, was not a citizen of
India.
(2)
Notwithstanding anything contained in this Act, every person who
immediately before the date on which the provisions of Chapter IV
are brought into force in the Union territory of Goa, Daman and Diu,
was practicing the profession of law (whether by way of pleading or
acting or both or in any other way) by virtue of the provisions of
any law in force in the said law Union territory, or who does not
elect to be or is not qualified to be enrolled as an advocate under
sub section (1) shall, notwithstanding the repeal by this Act of the
relevant provisions of such law, continues to enjoy the same rights
as respects practice in any court or revenue office or before
authority or person and be subject to the disciplinary jurisdiction
of the same authority which he enjoyed, or as, the case may be, to
which he was subject, immediately before the said date and
accordingly the relevant provisions of the law aforesaid shall have
effect in relation to such persons as if they had not been
repealed.
(3) On the
date of which this Act or any part thereof comes into force in the
Union territory of Goa, Daman and Diu, the law in force in that
Union territory which corresponds to this Act or such part and which
does not stand repealed by virtue of the provisions of section 50 of
this Act, shall also stand repealed.
58AF. Special provisions of
relation to Jammu and Kashmir- (1) Notwithstanding anything
contained in this Act, all advocates who, immediately before the
date on which the provisions of Chapter III are brought into force
in the State of Jammu and Kashmir, were entitled to practice in the
High Court of that State, or who would have been so entitled has
they not been in public service on the said date, shall for the
purpose of clause (a) of sub section (1) of section, 17, be deemed
to be persons who were entered as advocates on the roll of a High
Court under the Indian Bar Council Act, 1926, and every such person
may, on an application mad in this behalf within such time as may be
specified by the Bar Council of India, be admitted as an advocate on
the State roll maintained in respect of the said State.
(2)
Notwithstanding anything contained in this Act, every person who,
immediately before the date on which the provisions of Chapter III
are brought into force in the State of Jammu and Kashmir, was
entitled otherwise than an advocate to practice the profession of
law, (whether by way of pleading or acting or both) by virtue of the
provisions of any law in force in the said State, or who would have
been so entitled had he not been in public service on the said date,
may be admitted as an advocate on the State roll maintained in
respect of the said State, if he-
i.
makes an application for such enrolment in accordance with
the provisions of this Act, and
ii.
fulfills the conditions specified in clauses (a), (b), (c)
and (f) of sub section (1) of Section 24.
(3)
Notwithstanding anything contained in this Act, every person who,
immediately before the date on which the provisions of Chapter IV
are brought into force in the State Jammu and Kashmir, was
practicing the profession of law (whether by way of pleading or
acting or both or in any other way) by virtue of the provisions of
any law in force therein, or who does not elect to be or is not
qualified to be enrolled as an advocate under sub section (1) or sub
section (2), shall, notwithstanding the repeal by this Act of the
relevant provisions of such law, continue to enjoy the same rights
as respects practice in any court or revenue office or before any
other authority or person and be subject to the disciplinary
jurisdiction of the same authority which he enjoyed, or, as the case
may be, to which he was subject, immediately before the said date
and accordingly the relevant provisions of the law aforesaid shall
have effect in relation to such persons as if they had not been
repealed.
58AG. [(Note:- Section 58AG ins. by Act
38 of 1977, sec.7) Special provisions in relation
to article clerks- Notwithstanding anything contained in this
Act, every person who immediately before the 31st day of
December, 1976 has commenced his articleship and passed the
Preliminary examination, for the purpose of enrolment as an attorney
of the High Court at Calcutta in accordance with rules made under
sub section (2) of section 34, before the omission of that sub
section by the Advocates (Amendment) Act 1976, (107 of 1976), may be
admitted as an advocate on the State roll if he-
(i) Passes,
on or before the 31st day of December, 1980-
a.
That Final examination in a case where such person has before
the 31st day of December, 1976, passed the Intermediate
examination.
b.
The Intermediate and Final examinations in any other case.
Explanation- For the purpose
of this clause, the High Court at Calcutta may prescribe such rules
as may be necessary under sub section (2) of Section 34, specifying
the nature of the examination and any other matter relating
thereto:
ii.
(ii) makes an application for such enrolment in accordance
with the provisions of this Act, and
(iii) fulfills the conditions specified in clauses (a), (b),
(e) and (f) of sub section (1) of Section 24.
58B. [(Note:- Ins. by Act 21 of 1964,
sec.25) Special
provisions relating to certain disciplinary proceedings- (1) As
from the 1st day of September, 1963 every proceeding in
respect of any disciplinary matter in relation to an existing
advocate of a High Court shall, save as provided in the first
proviso to sub section (2), be disposed of by the State Bar Council
in relation to that High Court, as if the existing advocate had been
enrolled as an advocate on its roll.
(2) If
immediately before the said date, there is any proceeding in respect
of any disciplinary matter in relation to an existing advocate
pending before any High Court under the Indian Bar Councils Act,
1926, such proceeding shall stand transferred to the Bar Council in
relation to that High Court, a if it were a proceeding pending
before the corresponding Bar Council under clause (c) of sub section
(1) of section 56.
Provided that
where in respect of any such proceeding the Court has received the
finding of a Tribunal constituted under Section 11 of the Indian Bar
Council Act, 1926, the High Court shall dispose of the case and it
shall be lawful for the High Court to exercise for the purpose all
powers conferred on it under Section 12 of the said Act as if that
section had not been repealed.
Provided
further that where the High Court has referred back any case for
further inquiry under sub section (4) of Section 12 of the said Act,
the proceeding shall stand transferred to the State bar Council in
relation to the High Court as if it were proceeding before a
corresponding Bar Council under clause (c) of sub section (1) of
section 56.
(3) If
immediately before the said date there is any proceeding in respect
of any disciplinary matter pending in relation to any pleader,
vakil, mukhtar or attorney, who has been enrolled as an advocate on
any State roll under the Act, such proceeding shall stand
transferred to the State Bar Council on the roll of which he has
been enrolled and be dealt with under this Act as if it were a
proceeding arising against him thereunder.
(4) In this section "existing advocate" means a person who
was enrolled as an advocate on the roll of any High Court under the
Indian Bar Council Act,1926 and who, at the time when any proceeding
in respect of any disciplinary matter initiated against him, is not
enrolled as an advocate on a State roll under this Act.
(5) The provisions of this section shall have effect,
notwithstanding anything contained in this Act.
59. [(Note:- Ins. by Act 14 of 1962,
sec.4 and shall be deemed to have always been inserted) Removal of difficulties-
(1) if any difficulty arises in giving effect to the provisions
of this Act, particularly in relation to the transition from the
enactments repealed by this Act to the provisions of this Act, the
Central Government may, by order published in the official Gazette,
make such provision not inconsistent with the purpose of this Act,
as appear to it to be necessary or expedient for removing the
difficulty.
2.
An order under sub section (1) may be made so as to have
retrospective effect from the date not earlier than the
1st day of December, 1961.]
60. [(Note:- Ins. by Act 32 of 1962,
sec.4) Powers of Central
Government to make rules- (1) Until rules in respect of any
matter under this Act are made by a State Bar Council and approved
by the Bar Council of India, the power to make rules in respect of
that matter shall be exercisable by the Central Government.
(2) The
Central Government after consultation with the Bar Council of India
may, by notification in the official Gazette, make rules under sub
section (1) either for any State Bar Council or generally for all
State Bar Councils and the rules so made shall have effect,
notwithstanding anything contained in this Act.
(3) Where in
respect of any matter any rules are made by the Central Government
under this section for any State Bar Council, and in respect of the
same matter, rules are made by the State Bar Council and approved by
the Bar council of India, the Central Government may, by
notification in the official Gazette, direct that the rules made by
it in respect of such matter such matter shall cease to be in force
in relation to that bar Council with effect from such date as may be
specified in the notification and on the issue and such notification
the rules made by the Central Government shall, accordingly, cease
to be in force except as respects thing done or omitted to be done
before the said date.
THE
SCHEDULE
Repeal
of certain enactments
Short
title Extent of repeal
1. The Legal
Practitioners (Woman) Act, 1923 The whole
(23 of
1923).
2. The Legal
Practitioners (Fees) Act, 1926 The whole
(21 of
1926).
3. The State
Reorganisation Act, 1956 Section 53.
4. The Bombay
Reorganisation Act, 1960 Section 31
(11 of
1960)