Advocates Act, 1961

An Act to amend and consolidate the law relating to legal
practitioners and to provide for the constitution of the Bar Councils
and an All-India Bar.
Be it enacted by Parliament in the Twelfth Year of the
Republic of India as follows:-
CHAPTER I
PRELIMNARY

Short title, extent and commencement.—(1) This Act may
be called the Advocates Act, 1961.
1
[(2) It extends 2to the whole of India.]
(3) It 3[shall, in relation to the territories other than those referred
to in sub-section (4), come into force] on such date4 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[(4) This Act shall, in relation to the State of Jammu and
Kashmir and the Union territory of Goa, Daman and Diu, come
into force on such date 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.]
Definitions.—5[(1)] In this Act, unless the context otherwise
1 Substituted by Act 60 of 1973, sec. 2, for sub-section (2) w.e.f.
31.01.1974.
2
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.
3
Substituted by Act 60 of 1973, sec. 2, for “shall come into force” w.e.f.
31.01.1974.
4
Inserted by Act 60 of `973, sec 2 w.e.f. 31.01.1974.
5
Sec. 2 renumbered as sub-section (1) of the Sec. 2 thereof by Act 60 of
1973 w.e.f. 31.07.1974.
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;
1[] (d) “Bar Council” means a Bar Council constituted under this Act; (e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act extends; 2[]
(g) “High Court” , except in sub-section (1) 3[and sub-section
(1A)] of section 34 and in sections 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, 4[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 5[or vakil] or 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;
1
Clause (c) of Section 2(1) omitted by Act 107 of 1976 w.e.f. 15.10.1976.
2
Clause (f) of Section 2(1) omitted by Act 107 of 1976 w.e.f. 15.10.1976.
3
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4
Substituted by Act 60 of 1973 for the “the High Court of Punjab” w.e.f.
31.07.1974.
5
Substituted by Act 107 of 1976 for “vakil or attorney” w.e.f. 15.10.1976.
(l) “State” does not include a Union territory;
(m) “State Bar Council” means a Bar Council constituted
under section 3;
(n) “State roll” means a roll of advocates prepared and
maintained by a State Bar Council under section 17.
1[(2) 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.]
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
CHAPTER II
BAR COUNCILS
State Bar Councils.—(1) There shall be a Bar Council—
(a) for each of States of Andhra Pradesh, Bihar, Gujarat, 1[Jammu and Kashmir], 2[Jharkhand] 3[Madhya Pradesh,
Chhattisgarh], 4[], 5[], 6[Karnataka], Orissa, Rajasthan
7[Uttar Pradesh and Uttaranchal], to be known as the Bar
Council of that State;
8[(b) 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, Tripura,
Mizoram and Arunachal Pradesh;]
(c) for the State of Kerala and 9[the Union territory of
Lakshadweep], to be known as the Bar Council of Kerala;
10[(cc) for the 11[State of Tamil Nadu] and the Union territory of
Pondicherry to be known as the Bar Council of Madras∗
;]
12[(ccc) for the States 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;]
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Inserted by Act 30 of 2000 w.e.f. 15.11.2000.
3
Substituted by Act 28 of 2000 for “and Madhya Pradesh” w.e.f.
01.11.2000.
4
The word “Madras” omitted by Act 26 of 1968 w.e.f. 24.05.1968.
5
The word “Maharashtra” omitted by the Dadra and Nagar Haveli (Civil
Courts and Miscellaneous Provisions) Regulations, 1963 (8 of 1963) w.e.f.
01.07.1965.
6
Substituted by the Mysore State (Alteration of Name) (Adaptation of Laws
on Union Subjects) Order, 1974, for “Mysore” w.e.f. 01.11.1973.
7
Substituted by Act 29 of 2000 for “and Uttar Pradesh” w.e.f. 09.11.2000.
8
Substituted by Act 69 of 1986 for clause (b) w.e.f. 24-12-1986.
9
Substituted by Act 34 of 1973 for “the Union territory of the Laccadive,
Minicoy and Amindivi Islands” w.e.f. 01.11.1973.
10
Ins. by Act 26 of 1968, sec. 3 and Sch.—Part I (w.e.f. 26-5-1968).
11
∗
Currently Bar Council of Tamil Nadu.
12
Substituted by Act 18 of 1987 for clause (ccc) w.e.f. 30.05.1987.
1[(d) for the States 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 2[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 3[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,
Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the
case of the State Bar Council of Punjab and Haryana, the
Advocate-General of each of the State of Punjab and Haryana, ex
officio;] and in the case of any other State Bar Council, the
Advocate-General of the State, ex officio;
4[(b) 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 the
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:]
5[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
1
Subs. by Act 53 of 1970 for clause (d) w.e.f. 25.01.1971.
2
Subs. by Act 81 of 1971 for “Union Territories of Tripura and the Andaman
and Nicobar Islands” w.e.f. 21.01.1972.
3
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4
Substituted by Act 60 of 1973 for clause (b) w.e.f. 31.01.1974.
5
Substituted by Act 38 of 1977 for sub-section (3) w.e.f. 13.09.1976.
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).]
1[(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.
(3A) Every person holding office as Chairman or as ViceChairman of any State Bar Council immediately before the
commencement of the Advocates (Amendment) Act, 1977 (38 of
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 (38 of
1977), assumes charge of the office.]
2[(4) An Advocate shall be disqualified from voting at an election
under sub-section (2) or for being chosen as, and for being, a
member of 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 time 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 (21 of 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.]
3[(6) Nothing in clause (b) of sub-section (2) shall affect the
representation of elected members in any State Bar Council as
constituted immediately before the commencement of the
Advocates (Amendment) Act, 1973 (60 of 1973), until that State
Bar Council is reconstituted in accordance with the provision of
1
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
2
Substituted by Act 38 of 1977 for sub-section (3) w.r.e.f. 31.10.1977.
3
Inserted by Act 60 of 1973 w.e.f. 31.01.974.
this Act.]
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;
1[***]
(c) one member elected by each State Bar Council from
amongst its members.
2[(1A) No person shall be eligible for being elected as a member of
the Bar Council of India unless he possesses the qualifications
specified in the proviso to sub-section (2) of section 3.]
3[(2) 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 or as Vice-Chairman of
the Bar Council of India immediately before the commencement
of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on
such commencement, cease to hold office as Chairman or ViceChairman, 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 (Amendments) Act, 1977 (38 of 1977), assumes charge
of the office.]
4[(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
office ex-officio, be two years from the date of his election 2[or till
he ceases to be a member of the State Bar Council, whichever is
1
Clause (bb) omitted by Act 38 of 1977 w.r.e.f. 31.10.1977.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3
Substituted by Act 38 of 1977 for sub-sections (2) and (2A) w.r.e.f.
31.10.1977.
4
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
earlier]; and
(ii) in any other case, be for the period for which he holds
office as a member of the State Bar Council:
Provided that every such member shall continue to hold office as
a member of the Bar Council of India until his successor is
elected.]
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 moveable and
immovable, and to contract, and may by the name by which it is
known sue and be sued.
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 interests of
advocates on its roll;
1[(dd) to promote the growth of Bar Associations for the
purposes of effective implementation of the welfare schemes
referred to in clause (a) of sub-section (2) of this section clause (a)
of sub-section (2) of section 7;]
(e) to promote and support law reform;
2[(ee) to conduct seminars and organise talks on legal topics
by eminent jurists and publish journals and paper 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;
1
Inserted by Act 70 of 1993 w.e.f. 26.12.1993
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
1[(gg) to visit and inspect Universities in accordance with the
directions given under clause (i) of sub-section (1) of section 7;]
(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[(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 schemes for
the indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules
made in this behalf;]
3[(c) establishing law libraries.]]
4[(3) A State Bar Council may receive any grants, donations, gifts
or benefactions for all or any of the purposes specified in subsection (2) which shall be credited to the appropriate fund or
funds constituted under that sub-section.]
Functions of Bar Council of India.—5[(1)] The functions of
the Bar Council of India shall be—
6[***]
(b) to lay down standards of professional conduct and etiquette
for advocates;
(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 interests of
advocates;
(e) to promote and support law reform;
1
Inserted by Act 70 of 1993 w.e.f. 26.12.1993.
2
Sub-sections (2) and (3) subs. by Act 60 of 1973 for sub-section (2) w.e.f.
31.01.1974.
3
Inserted by Act 70 of 1993 w.e.f. 26.12.1993.
4
Sub-sections (2) and (3) substituted by Act 60 of 1973 w.e.f. 31.01.1974.
5
Section 7 renumbered as sub-section (1) of that section by Act 60 of 1973
w.e.f 31.01.1974.
6
Clause (a) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
(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 recognise Universities whose degree in law shall be a
qualification for enrolment as an advocate and for that purpose
to visit and inspect Universities 3[or cause the State Bar Councils
to visit and inspect Universities in accordance with such
directions as it may give in this behalf];
1[(ia) to conduct seminars and organize 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 an
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[(2) The Bar Council of India may constitute one or more funds
in the prescribed manner for the purpose of—
(a) giving financial assistance to organise welfare schemes for
indegent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules
made in this behalf;]
1
Inserted by Act 60 of 1973 w.e.f 31.01.1974.
2
Inserted by Act 60 of 1973 w.e.f.31.01.1974.
1[(c) establishing law libraries.]
2[(3) The Bar Council of India 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.]
3
[7A. Membership in international bodies.—The Bar Council of
India may become a member of international legal bodies such as
the International Bar Association or the International Legal Aid
Association, contribute 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.]
4[8. 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 member before the expiry of 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, extend the said term for a period not exceeding six
months.]
5[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—
(i) 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 there are more than one ex officio
members, the senior-most amongst them shall be the Chairman;
1
Inserted by Act 60 of 1973 w.e.f 31.01.1974.
2
Sections 8 and 8A substituted by Act 70 0f 1993 foe section 8 w.e.f.
26.12.1993
3
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4
Section 8 substituted by Act 70 of 1993 for section 8 w.e.f. 26.12.1993.
5
Section 8A subs. by Act 70 of 1993 for section 8 w.e.f. 26.12.1993.
and
(ii) two members to be nominated by the Bar Council of India
from amongst advocates on the electoral roll of the State 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 obligations 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.
(3) 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 election 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, extends the said period.]
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 persons elected 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 proceedings pending before it as if this section had not
been amended by the said Act.
1[9A. 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 then five, as may be prescribed.
(2) The qualifications, the method of selection and the term of
office of the members of legal aid committee shall be such as may
be prescribed.]
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 from 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 purpose of carrying out the
provisions of this Act.
2[10A. Transaction of business by Bar Councils and
committees thereof:- 3[(1) 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.]
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3
Substituted by Act 70 of 1993 for sub-sections (1) and (2) w.e.f.
26.12.1993.
(3) The committees other than disciplinary committees continued
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.]
1[10B]. 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.
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
qualification as may be prescribed.
Accounts and audit.—(1) Every Bar Council shall cause to
be maintained such books of accounts and other books in such
form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors
duly qualified to act as auditors of companies under the
Companies Act, 1956 (1 of 1956), at such times and in such
manner as may be prescribed.
2[(3) As soon as may be practicable at the end of each financial
year, but not later than the 31st day of December of the year next
following, a State Bar Council shall send a copy of its accounts
together with a copy of the report of the auditors thereon to the
Bar Council of India and shall cause the same to be published in
1
Section 10A renumbered as section 10B by Act 60 of 1973 w.e.f.
31.01.1974.
2 Sub-sections (3) and (4) substituted by Act 63 of 1973 w.e.f. 31.01.1974.
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.]
Vacancies in Bar Council and Committees thereof not to
invalidate action taken.—No acts 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.
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 threat, if notice
of the date has, not less than thirty days before that date, been
published in the Official Gazette.
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—
1[(a) 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 result of
election shall be published;]
2[] 3[(c) the manner of election of the Chairman and the ViceChairman 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 4[or to the office of the Chairman or Vice-Chairman] shall be 1 Substituted by Act 60 of 1973 w.e.f. 31.01.1974 2 Clause (b) omitted by Act 60 of 1973 w.e.f. 31.01.1974. 3 Inserted by Act 38 of 1977 w.r.e.f. 31.10.1977. 4 Inserted by Act 38 of 1977 w.r.e.f 31.10.1977. finally decided; 1[]
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the ViceChairman of the Bar Council;
2[(ga) 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, 3[***] the conduct of business threat, 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 the 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
1
Clause (e) omitted by Act 23 of 1966, deemed to have always been omitted.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3
The words “the times and places where such meetings are to be held”
omitted by Act 60 of 1973 w.e.f. 31.01.1974.
have effect unless they have been approved by the Bar Council of
India.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
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 1
[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 a senior advocate
of that Court immediately before the appointed day shall, for the
purposes of this section, be deemed to be a senior advocate:
2
[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.]
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 addresses
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 3[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
1 Substituted by Act 60 of 1973 for “experience and standing at the Bar”
w.e.f. 31.01.1974
2
Added by Act 21 of 1964 w.e.f. 16.05.1964.
3 Substituted by Act 60 of 1973 for “and who, within the prescribed time”
w.e.f. 31.01.1974.
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 practise within the
jurisdiction of the Bar Council;
(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, 1[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) subsection (1) shall be determined in accordance with his date of
enrolment under the Indian Bar Councils 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 purposes of the first part of the State roll, be determined
in accordance with such principles as the Bar Council of India
may specify;
2[***]
(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;
3[(e) notwithstanding anything contained in clause (a), the
seniority of an attorney enrolled [whether before or after the
commencement of the Advocate (Amendment) Act, 1980] as an
advocate shall be determined in accordance with the date of his
enrolment as an attorney.]
1 Substituted by Act 21 of 1964 for “and such seniority shall be determined”
w.e.f. 16.05.1964.
2 Clause (c) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
3
Inserted by Act 47 of 1980 w.e.f. 29.11.1980.
(4) No person shall be enrolled as an advocate on the roll of more
than one State Bar Council.
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 the 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:
1[Provided that where any such application for transfer is made
by a person against whom any disciplinary proceeding is pending
or where for any other reason it 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.
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 India 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 additions to, any such roll, as soon as the
same have been made.
2
[20. Special provision for enrolment of certain Supreme
Court advocates.—(1) Notwithstanding anything contained in
1 Added by Act 21 of 1964, sec. 10 (w.e.f. 16.05.1964.
2 Substituted by Act 60 of 1973 w.e.f. 31.01.1974.
this Chapter, every advocate who was entitled as of right to
practise 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 the 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.]
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.
1[(2) Subject as aforesaid, if any dispute arise with respect to the
seniority of any person, it shall be referred to the State Bar
Council concerned for decision.]
2[22. 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.]
Right of pre-audience.—(1) The Attorney-General of India
shall have pre-audience over all other advocates.
(2) Subject to the provisions of sub-section (1), the SolicitorGeneral of India shall have pre-audience over all other advocates.
(3) Subject to the provisions of sub-sections (1) and (2), the
1 Substituted by Act 60 of 1973 for sub-section (2) w.e.f. 31.01.1974.
2 Substituted by Act 60 of 1973, sec. 17, for section 22 (w.e.f. 31-1-1974).
Additional Solicitor-General of India shall have pre-audience over
all other advocates.
1[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the
second Additional Solicitor-General of India shall have preaudience over all other advocates.]
(4) Subject to the provisions of sub-sections (1), 2[(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 of senior advocates inter se shall
be determined by their respective seniority.
Persons who may be admitted as advocates on a State
roll.— (1) Subject to the provisions of this Act, and the 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 this 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 practise 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 3[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
1
Inserted by Act 47 of 1980 w.e.f. 29.11.1980.
2 Substituted by Act 47 of 1980 for the brackets, fiqures and words “(2) and
(3)” w.e.f. 29.11.1980. 3 Substituted by Act 60 of 1973 for “28th day of February, 1963” w.e.f.
31.01.1974.
defined by the Government of India Act, 1935; or
1[(iii) after the 12th day of March, 1967, save as
provided in sub-clause (iiia), after undergoing a three year course
of study in law from any University in India which is recognised
for the purposes 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 1967-68 or any earlier
academic year from any University in India which is recognised
for the purposes of this Act by the Bar Council of India; or]
2[(iv) in any other case, from any University outside the
territory of India, if the degree is recognised for the purposes of
this Act by the Bar Council of India] or;
3[he is barrister and is called to the Bar on or before
the 31st day of December, 1976 4[or has passed the article 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;]
5[] (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 6[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 7[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 Schedule Tribes and produces a 1 Substituted by Act 60 of 1973 for clause (iii) w.e.f. 31.01.1974. 2 Inserted by Act 21 of 1964 w.e.f. 16.05.1964. 3 Substituted by Act 60 of 1973 for “he is a barrister” w.e.f. 31.01.1974. 4 Inserted by Act 107 of 1976 w.e.f. 15.10.1976. 5 Clause (d) omitted by Act 60 of 1973 w.e.f. 31.01.1974 6 Substituted by Act 60 of 1973 for clause (f) w.e.f. 31.01.1974. 7 Substituted by Act 70 of 1993 for “two hundred rupees” w.e.f. 26.12.1993. certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be 1[one hundred rupees and to the Bar Council of India, twenty-five rupees]. 2[Explanation.—For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on that 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), 3[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) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 4[(3) Notwithstanding anything contained in sub-section (1) a person who— (a) 5[] has, for at least three years, been a vakil or pleader
or a mukhtar, or, was entitled at any time to be enrolled under
any law 6[] 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 7[(aa) before the Ist day of December, 1961, was entitled otherwise than as an advocate practise the profession of law (whether by of pleading or acting or both) by virtue of the provision of any law, or who would have been so entitled had he 1 Substiuted by Act 70 of 1993 for “two hundred and fifty rupees” w.e.f. 26.12.1993. 2 Inserted by Act 14 of 1962 w.e.f. 30.03.1962 3 Substituted by Act 21 of 1962 w.e.f. 16.05.1964. 4 Inserted by Act 21 of 1964 w.e.f. 16.05.1964. 5 The words “before the 31st day of March,1964” omitted by Act 33 of 1968 w.e.f. 05.05.1968. 6 The words “before the 31st day of March,1964 and then in force” omitted by Act 33 of 1968 w.e.f. 05.05.1968. 7 Inserted by Act 60 of 1963 w.e.f. 31.01.1974. not been in public service on the said date; or] 1[]
(c) before the 1st day of April, 1937, has been an advocate of
any High Court in any area which was comprised within Burma
as defined in the Government of India Act, 1935; or
(d) 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 provisions of this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f)
of sub-section (1).]
2[***]
3
[24A. 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 provisions of the
Untouchability (Offences) Act, 1955 (22 of 1955);
4[(c) if he is dismissed or removed from employment or office
under the State on 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 5[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 provisions
of the Probation of Offenders Act, 1958 (20 of 1958).]
1
Sub-clause (b) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Sub-section (4) omitted by Act 107 of 1976 w.e.f. 15.10.1976.
3
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4
Inserted by Act 70 of 1993 w.e.f. 26.12.1993.
5
Substituted by Act 70 of 1993 for “release” w.e.f. 26.12.1993.
Authority to whom applications for enrolment may be
made.—An application for admission as an advocate shall be
made in the prescribed form to the State Bar Council within
whose jurisdiction the applicant proposes to practise.
Disposal of applications for admission as an advocate.—
(1) A State Bar Council shall refer every application for admission
as an advocate to its enrolment committee, and subject to the
provisions of sub-sections (2) and (3) 1[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:
2[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 the 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 subsection (2) in conformity with the opinion of the Bar Council of
India.
1[(4) 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.]
3[26A. Power to remove names from roll.—A State Bar Council may
remove from the State roll the name of any advocate who is dead or from
whom a request has been received to that effect.]
1
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
2
Added by Act 21 of 1964 w.e.f. 16.05.1964.
3
Substituted by Act 60 of 1973 for section 26A w.e.f. 31.01.1974.
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 person 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.
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 generality of the
foregoing power, such rules may provide for—
1[(a) 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;]
2[***]
(c) the form in which an application shall be made to the Bar
Council for admission as an advocate on its roll and 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 instalments 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.
1 Substituted by Act 60 of 1973 for clause (a) w.e.f. 31.01.1974.
2
Clause (b) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
CHAPTER IV
RIGHT TO PRACTICE
Advocates to be the only recognised class of persons
entitled to practise law.—Subject to the provisions of this Act
and any rules made thereunder, there shall, as from the
appointed day, be only one class of persons entitled to practise
the profession of law, namely, advocates.
Right of advocates to practise.—Subject to provisions of
this Act, every advocate whose name is entered in the 1[State roll]
shall be entitled as of right to practise throughout the territories
to which this Act extends,—
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take
evidence; and
(iii) before any other authority or person before whom such
advocate is by or under any law for the time being in force
entitled to practise.
Special provision for attorneys.—[Omitted by the Advocates
(Amendment) Act, 1976 (107 of 1976) w.e.f. 01.01.1977.]
Power of Court to permit appearances 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.
Advocates alone entitled to practise.—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 practise in any court or before any authority or person unless
he is enrolled as an advocate under this Act.
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 practise in the High Court and the
courts subordinate thereto.
1 Substituted by Act 60 of 1973 for “common roll” w.e.f. 31.01.1974.
1[(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[(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
articled clerks to be passed by the persons referred to in section
58AG for the purpose of being admitted as advocates on the State
roll and any other matter connected therewith.]
3[***]
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Inserted by Act 38 of 1977 w.r.e.f. 31.10.1977.
3
Sub-section (3) omitted by Act 107 of 1976 w.e.f. 01.01.1977.
CHAPTER V
CONDUCT OF ADVOCATES
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 to its disciplinary committee.
1[(1A) 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 2[***] shall
fix a date for the hearing of the case and shall cause 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 period 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 practising 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
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2 The words “, if it does not summarily reject the complaint,” omitted by Act
60 of 1973 w.e.f. 31.01.1974.
disciplinary committee of the State Bar Council either in person
or through any advocate appearing on his behalf.
1[Explanation.—In this section, 2[section 37 and section 38], the
expressions “Advocate-General” and Advocate-General of the
State” shall, in relation to the Union territory of Delhi, mean the
Additional Solicitor General of India.]
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 3[***] whose name is not
entered on any State roll has been guilty of professional or other
misconduct, it shall 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, 4[either of
its own motion or on a report by a State Bar Council or on 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, in
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 5[before the
disciplinary committee of the Bar Council of India] the State Bar
Council concerned shall give effect to any such order.
1
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3
The words “on the common roll” omitted by Act 60 of 1973 w.e.f.
31.01.1974.
4
Substituted by Act 60 of 1973 for “of its own motion” w.e.f. 31.01.1974.
5
Subs. by Act 60 of 1973 for “before the Bar Council of India” w.e.f.
31.01.1974.
1[36A. Changes in constitution of disciplinary committees.—
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 exercises jurisdiction, the disciplinary committee
of the State Bar Council or the disciplinary committee of the Bar
Council of India, as the case may be, so succeeding may continue
the proceeding from the stage at which the proceedings were so
left by its predecessor committee.]
2[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 case 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 dispose
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
(60 of 1973), any proceedings in the 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 commencement or within a
period of one year from the date of the receipt of the 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 proceedings shall stand transferred to the Bar
Council of India for disposal under sub-section (1).]
Appeal to the Bar Council of India.—(1) Any person
aggrieved by an order of the disciplinary committee of a State Bar
Council made 3
[under section 35] 4
[or the Advocate General of the
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974. 3
Substituted by Act 21 of 1964 for “under sub-section (3) of section 35”
w.e.f. 16.05.1964.
4
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
State] may, within sixty days of the date of the communication of
the order to him, prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary
committee of the Bar Council of India which may pass such order
1[(including an order varying the punishment awarded by the
disciplinary committee of the State Bar Council)] thereon as it
deems fit:
1[Provided that no order of the disciplinary committee of the State
Bar Council shall be varied by the disciplinary committee of the
Bar Council of India so as to prejudicially affect the person
aggrieved without giving him reasonable opportunity of being
heard.]
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 2[or the Attorney-General of
India or the Advocate-General of the State concerned, as the case
may be,] may 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 1[(including an
order varying the punishment awarded by the disciplinary
committee of the Bar Council of India)] thereon as it deems fit:
1[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.]
3
[39. Application of sections 5 and 12 of Limitation Act,
1963.—The provisions of sections 5 and 12 of the Limitation Act,
1963 (36 of 1963), shall, so far as may be, apply to appeals under
section 37 and section 38.]
Stay of order.— 2[(1)] An appeal, made under section 37 or
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974
2 Substituted by Act 60 of 1973 w.e.f. 31-1-1974.
3 Section 40 renumbered as sub-section (1) of that section by Act 60 of
1973 w.e.f. 31.01.1974.
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, from
sufficient cause, direct the stay of such order on such terms and
conditions as it may deem fit.
1[(2) Where an application is made for the stay of the order before
the expiration of the times 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.]
Alteration in roll of Advocates.—(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;
2[] any where any order is made removing an advocate from practice, his name shall be struck of the State roll 3[].
4[***]
(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.
Powers of disciplinary committee.—(1) The disciplinary
committee of a 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
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2 Clause (b) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
3 The words “or the common roll, as the case may be” omitted by Act 60 of 1973 w.e.f.
31.01.1974. 4 Sub-section (2) omitted by Act 60 of 1973 w.e.f. 31.01.1974.
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 such 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 purposes of sections 480, 482
and 485 of the Code of Criminal Procedure, 1898 (5 of 1898).
(3) For the purposes 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 the 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.
1[(4) Notwithstanding the absence of the Chairman or any
member of a disciplinary committee on 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
1
Ins. by Act 60 of 1973 w.e.f. 31.01.1974.
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 subsection (3) of section 35 shall be made in any proceeding unless
the Chairman and other members of the disciplinary committee
are present.]
1[(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 of 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.]
1
[42A. Powers of Bar Council of India and other
committees.—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.]
Cost of proceedings before a disciplinary committee.—
The disciplinary committee of 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 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.
Review of orders by disciplinary committee.—The
disciplinary committee of a Bar Council may of its own motion or
otherwise review any order 1[within sixty days of the date of that
order] passed by it under this Chapter:
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
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
Penalty for persons illegally practising in courts and
before other authorities.—Any person who practises in any
court or before any authority or person, in or before whom he is
not entitled to practise under the provisions of this Act, shall be
punishable with imprisonment for a term which may extend to
six months.
1[46. Payment of part of enrolment fees to the Bar Council of
India.—[Omitted by Act 70 of 1993 w.e.f. 26.12.1993).]]
2[46A. Financial assistance to State Bar Council.—The Bar
Council of India may, if it is satisfied that any State Bar Council
is in need of funds for the purpose of performing its functions
under this Act, give such financial assistance as it deems fit to
that Bar Council by way of grant or otherwise.]
Reciprocity.—(1) Where any country, specified by the
Central Government in this behalf by notification in the Official
Gazette, prevents citizens of India from practising the profession
of law or subjects them to unfair discrimination in that country,
no subject of any such country shall be entitled to practise the
profession of law in India.
(2) Subject to the provisions of sub-section (1), the Bar Council of
India may prescribed the conditions, if any, subject to which
foreign qualifications in law obtained by persons other than
citizens of India shall be recognised for the purpose of admission
as an advocate under this Act.
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 3[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.
4[48A. Power of revision.—(1) The Bar Council of India may, at
any time, call for the record of any proceeding under this Act
1
Earlier section 46 was substituted by Act 107 of 1976 w.e.f. 15.10.1976.
2
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3
Inserted by Act 60 of 1973 w.e.f.31.01.1974.
4
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
which has been disposed of by a State Bar Council or a
Committee thereof, and from which no appeal lies, for the
purpose of satisfying itself as to the legality or propriety of such
disposal and may pass such orders in relation thereto as it may
think fit.
(2) No order which prejudicially affects any person shall be
passed under this section without giving him a reasonable
opportunity of being heard.]
1[48AA. Review.—The Bar Council of India or any of its
committees, 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.]
2[48B. 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.]
General power of the Bar Council of India to make
rules.—3[(1)] The Bar Council of India may make rules for
discharging its functions under this Act, and, in particular, such
rules may prescribe—
4[(a) the conditions subject to which an advocate may be
entitled to vote at an election to the State Bar Council including
1
Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
3
Section 49 renumbered as sub-section (1) of that section by Act 60 of 1973
w.e.f. 31.01.1974.
4 Clauses (a) to (ah) subs. by Act 21 of 1964, sec. 20, for clause (a) w.e.f.
16.05.1964.
the qualifications or disqualifications of voters, and the manner
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
disqualifications 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;
1[(af) the minimum qualifications required for admission to a
course of degree in law in any recognised 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 practise and the circumstances under which a person
shall be deemed to practise 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 standard of professional conduct and etiquette to be
observed by advocates;
(d) the standards of legal education to be observed by
universities in India and the inspection of universities for that
purpose;
(e) the foreign qualifications in law obtained by persons other
than citizens of India which shall be recognised 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;
1
Substituted by Act 60 of 1973 for clause (af) w.e.f. 31.01.1974.
1[(gg) the form of dresses or robes to be worn by advocates,
having regard to the climatic conditions, appearing before any
court or tribunal;]
(h) the fees which may be levied in respect of any matter
under this Act;
2[(i) general principles for guidance of State Bar Councils and
the manner in which directions issued or orders made by the Bar
Council of India may be enforced;]
(j) any other matter which may be prescribed:
3[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:]
4[Provided further that] no rules made with reference to clause (e)
shall have effect unless they have been approved by the Central
Government.
3[(2) Notwithstanding anything contained in the first proviso to
sub-section (1), any rules 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
(60 of 1973), shall continue in force until altered or repealed or
amended in accordance with the provisions of this Act.]
5[49A. Power of Central Government to make rules.—(1) The
Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes 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 generality of the
foregoing power, such rules may provide for—
(a) qualifications for membership of a Bar Council and
disqualifications for such membership;
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2 Substituted by Act 21 of 1964 for clause (i) w.e.f. 16.06.1964. 3 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4 Substituted by Act 60 of 1973 w.e.f. 31.01.1974.
5 Insertedby Act 21 of 1964 w.e.f. 16.05.1964.
(b) the manner in which the Bar Council of India may
exercise supervision and control over State Bar Council and the
manner in which the directions issued or orders made by the Bar
Council of India may be enforced;
(c) the class or 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) of 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) 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 made
before 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.
1[(5) 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 days which may be
comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or 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.]
1
Substituted by Act 60 of 1973 w.e.f. 31.01.1974.
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
9, 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 and 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 the 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 relates to the admission and enrolment of legal
practitioners;
(d) the provisions of the Letters Patent of any High Court and
of any other law insofar 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 practise in
any court or before any authority or 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 Council Act, 1926 (38 of
1926), and so much of sections 8 and 15 of that Act as confer on
legal practitioners the right to practise 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
practise 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 section 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 (Bombay Act 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 insofar 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.
Rule of construction.—On and from the appointed day,
references in any enactment to an advocate enrolled by a High
Court in any form of words shall be construed as references to an
advocate enrolled under this Act.
Saving.—Nothing in this Act shall be deemed to affect the
power of the Supreme Court to make rules under article 145 of
the Constitution—
(a) for laying down the conditions subject to which a senior
advocate shall be entitled to practise in that Court;
(b) for determining the persons who shall be entitled to 1[act
or plead] in that Court.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
Elections to 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 practise in the High Court and are ordinarily practising 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.
Term of office of members of first 1[] State Bar Council.—Notwithstanding anything contained in this Act, the term of office of the 2[] elected members of 1[***] a State Bar
Council constituted for the first time, shall be two years from the
date of the first meeting of the Council:
3[Provided that such members shall continue to hold office until
the State Bar Council is reconstituted in accordance with the
provisions of this Act.]
Rights of certain existing legal practitioners not
affected.—Notwithstanding anything contained in this Act,—
(a) every pleader or vakil practising 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;
1
The words “the Bar Council of India and” omitted by Act 21 of 1964 w.r.e.f.
16.08.1961.
2
The words “nominated and” omitted by Act 14 of 1962 w.e.f. 30.03.1962.
3 Inserted by Act 21 of 1964 w.r.e.f. 16.08.1961.
1 [***]
2[(c) every mukhtar practising 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 practising as such immediately before
the said date by virtue of the provisions of the Legal Practitioners
Act, 1879 (18 of 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 right 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.
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 or the corresponding
Bar Council whether arising out of any contract or otherwise,
shall be the rights, liabilities and obligations respectively of the
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.
1
Clause (b) omitted by Act 107 of 1976 w.e.f. 01.01.1977.
2
Substituted by Act 21 of 1964 for clause (c) w.e.f. 16.05.1964.
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.
1[58. 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 reason of any order of a court or
otherwise, the functions of the Bar Council or any Committee
thereof, insofar as they relate to the admission and enrolment of
advocates, shall be performed by the High Court in accordance
with the provisions 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
enrol 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 Councils Act, 1926
(38 of 1926).
(3) Notwithstanding anything contained in this Act, every person
who, immediately before the Ist day of December, 1961, was an
advocate on the roll of any High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), or who has been enrolled as an
advocate under this Act shall, until Chapter IV comes into force,
be entitled as of right to practise in the Supreme Court, subject
to the rules 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 (18 of 1879), or
of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), 2[or
of any other law relating to the admission and enrolment of legal
1
Inserted by Act 14 of 1962 w.r.e.f. 16.08.1961.
2
Substituted by Act 32 of 1962 for certain words w.r.e.f. 16.08.1961.
practitioners, the provisions of the Acts, and law aforesaid] and
any rules made thereunder insofar as they relate to 1[the renewal
or the issue by way of renewal] of a certificate to a legal
practitioner authorising him to practise shall have effect until
Chapter IV comes into force and, accordingly, every certificate
issued or renewed to a legal practitioner (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 2[or
of the other law] during the period beginning with the Ist 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.]
3
[58A. 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 practise in the High Court in Allahabad or the Chief Court in
Oudh and who under the provisions of the United Provinces High
Courts (Amalgamation) Order, 1948 were recognised as advocates
entitled to practise 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 nonpayment of the fee payable to the Bar Council of the said High
Court, and all advocates who were enrolled as such between the
said date and the 26th day of May, 1952 shall, for the purposes
of clause (a) (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 (38 of 1926) and every such
person may, on an application being made in this behalf, be
admitted as an 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 practise 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
purposes of clause (a) of sub-section (1) of section 17, be deemed
to be person who were entered as advocates on the roll of the
1
Substituted by Act 21 of 1964 for “the issue and renewal” w.e.f.
16.05.1964.
2
Inserted by Act 32 of 1962 w.r.e.f. 16.08.1961.
3
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
said High Court under the Indian Bar Councils Act, 1926, (38 of
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 practise in the High Court of Bombay and who applied to get
their names entered on the roll of advocates of the High Court of
Gujarat under the provisions of section 8 of the Indian Bar
Councils Act, 1926 (38 of 1926), but whose names were not so
entered by reason of the repeal of the said provision shall, for the
purposes 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 Gujarat 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 Ist 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 purposes 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 Councils Act, 1926 (38 of
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.]
1[58AA. 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 III are brought into force in the Union
territory of Pondicherry, were entitled to practise 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 purposes 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 Councils Act, 1926
(38 of 1926), and every such person may, on an application made
in this behalf within such time as may be specified by the Bar
1 Inserted by Act 26 of 1968 w.e.f. 10.06.1968.
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 practising 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 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 (26 of 1968), 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 law
aforesaid shall have effect in relation to such persons as if they
had not been repealed.]
1
[58AB. Special provisions with respect to certain persons
enrolled by Mysore* State Bar Council.—Notwithstanding
anything contained in this Act or any judgment, 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, be deemed to have been validly admitted as an advocate on that State roll and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both): Provided that where any such person 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 he was enrolled by the other State Bar Council: 1 Inserted by Act 33 of 1968 w.e.f. 05.06.1968. ∗ Mysore is now Karnataka. Provided further that the seniority of such person, whether his name is borne on the State roll of the State Bar Council or 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.]
1[58AC. Special provisions with respect to certain persons
enrolled by Uttar Pradesh State Bar Council.—Notwithstanding
anything contained in this Act or any judgment, 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
validly admitted as an advocate on that State roll from the date of
his enrolment by the High Court and accordingly entitled to
practise the profession of law (whether by way of pleading or
acting or both).]
1
[58AD. Special provisions with respect to certain persons
migrating to India.—Notwithstanding the repeal by this Act of
the provisions of the Legal Practitioners Act, 1879 (18 of 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 fulfils other conditions, if any,
specified in this behalf by the appropriate authority aforesaid,
and notwithstanding the repeal by this Act of the relevant
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
provisions of such Act or law, every pleader, mukhtar or revenue
agent so enrolled shall have 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 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.]
1
[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
practise 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 subsection (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 Councils Act, 1926 (38 of 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 practising 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 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 any other authority or person and be,
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
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 person as if they had not been repealed.
(3) On the date on 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.]
1
[58AF. Special provisions in relation to Jammu and
Kashmir.—(1) Notwithstanding anything contained in this Act,
all advocates who, immediately before the date on which the
provision of Chapter III are brought into force in the State of
Jammu and Kashmir, were entitled to practise in the High Court
of that State, or who would have been so entitled had they not
been in public service on the said date, shall, for the purpose of
the 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 Councils Act, 1926 (38 of 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 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 provision of
Chapter III are brought into force in the State of Jammu and
Kashmir, was entitled otherwise than as an advocate to practise
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) fulfils the conditions specified in clauses (a), (b), (e) and (f)
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
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 of Jammu and
Kashmir, was practising 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 subsection (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 of 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.
(4) On the date on which this Act or any part thereof comes into
force in the State of Jammu and Kashmir, the law in force in that
State which corresponds to this Act or such part thereof which
does not stand repealed by virtue of the provisions of section 50
of this Act, shall also stand repealed.]
1[58AG. Special provisions in relation to articled 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 the rules made under
sub-section (2) of section 34, before the omission of that subsection by 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) the Final Examination in a case where such person
has, before the 31st day of December, 1976, passed the
Intermediate examination,
(b) the Intermediate and the Final examinations in any
other case.
1
Inserted by Act 38 of 1977 w.r.e.f. 31.10.1977.
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
examinations and any other matter relating thereto;
(ii) makes an application for such enrolment in accordance
with the provisions of this Act; and
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f)
of sub-section (1) of section 24.]
1[58B. Special provision relating to certain disciplinary
proceedings.—(1) As from the Ist 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 (38 of 1926), such proceeding shall stand
transferred to the State Bar Council in relation to that High
Court, as 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 High
Court has received the finding of a Tribunal constituted under
section 11 of the Indian Bar Councils Act, 1926 (38 of 1926), the
High Court shall dispose of the case and it shall be lawful for the
High Court to exercise for the purpose of 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 subsection (1) of section 56.
(3) If immediately before the said date there is any proceeding in
1
Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
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 Councils Act, 1926 (38 of 1926) and who, at the time
when any proceeding in respect of any disciplinary matter is
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.]
1[59. 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 provisions not
inconsistent with the purposes 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 a date not earlier than the 1st day of
December, 1961.]
2
[60. 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, may
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 made by the Central
Government under this section for any State Bar Council, and in
1
Inserted by Act 14 of 1962 w.r.e.f. 16.08.1961.
2
Inserted by Act 32 of 1962 w.e.f. 14.09.1962.
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 shall cease to
be in force in relation to the Bar Council with effect from such
date as may be specified in the notification and on the issue of
such notification, the rules made by the Central Government
shall, accordingly, cease to be in force except as respects things
done or omitted to be done before the said date.]

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