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Bar News Acts League

The Advocates Act, 1961

Act ID: 1961

The Advocates Act, 1961

"An Act to amend and consolidate the law relating to legal practitioners and to constitute Bar Councils."

Table of Contents

76 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement S.2Definitions

Ch. IIB

ar Councils

S.3State Bar Councils S.4Bar Council of India S.5Bar Council to be body corporate S.6Functions of State Bar Councils S.7Functions of Bar Council of India S.7A[ Membership in international bodies. [ Inserted by Act 60 of 1973, Section 8 (w.e.f. 31.1.1974).]S.8[ Term of office of members of State Bar Council. [ Substituted by Act 70 of 1993, Section 4, for Section 8 (w.e.f. 26.12.1993).]S.8AConstitution of Special Committee in the absence of election S.9[ Disciplinary committees. [ Substituted by Act 21 of 1964, Section 5, for Section 9.]S.9A[ Constitution of legal aid committees. [ Substituted by Act 60 of 1973, Section 11, for subSection (3) (w.e.f. 31.1.1974).]S.10Constitution of committees other than disciplinary committees S.10A[ Transaction of business by Bar Councils and committees thereof. [ Inserted by Act 60 of 1973, Section 10 (w.e.f. 31.1.1974).]S.10B[] [ Inserted by Act 21 of 1964, Section 6 later Section 10-A renumbered as Section 10-B by Act 60 of 1973, Section 10 (w.e.f. 31.1.1974).] Disqualification of Members of Bar Council S.11Staff of Bar Council S.12Accounts and audit S.13Vacancies in Bar Council and committees thereof not to invalidate action taken S.14Election to Bar Councils not to be questioned on certain grounds S.15Power to make rules

Ch. IIIA

dmission And Enrolment Of Advocates

S.16Senior and other advocates S.17State Bar Councils to maintain roll of advocates S.18Transfer of name from one State roll to another S.19State Bar Councils to send copies of rolls of advocates to the Bar Council of India S.20[Special provision for enrolment of certain Supreme Court advocates. [ Substituted by Act 60 of 1973, Section 15, for Section 20 (w.e.f. 31.1.1974).]S.21Disputes regarding seniority S.22[ Certificate of enrolment. [ Substituted by Act 60 of 1973, Section 17, for Section 22 (w.e.f 31.1.1974).]S.23Right of pre-audience S.24Persons who may be admitted as advocates on a State roll S.24A[ Disqualification for enrolment. [ Inserted by Act 60 of 1973, Section 19 (w.e.f. 31.1.1974).]S.25Authority to whom applications for enrolment may be made S.26Disposal of applications for admission as an advocate S.26A[ Power to remove names from roll. [ Substituted by Act 60 of 1973, Section 20, for Section 26-A (w.e.f 31.1.1974).]S.27Application once refused not to be entertained by another Bar Council except in certain circumstances S.28Power to make rules

Ch. IVR

ight To Practise

S.29Advocates to be the only recognised class of persons entitled to practise law S.30Right of advocates to practise S.31Special provision for attorneys S.32Power of Court to permit appearances in particular cases S.33Advocates alone entitled to practise S.34Power of High Courts to make rules

Ch. VCo

nduct Of Advocates

S.35Punishment of advocates for misconduct S.36Disciplinary powers of Bar Council of India S.36A[ Changes in constitution of disciplinary committees. [ Inserted by Act 60 of 1973, Section 26 (w.e.f. 31.1.1974).]S.36BDisposal of disciplinary proceedings S.37Appeal to the Bar Council of India S.38Appeal to the Supreme Court S.39[ Application of sections 5 and 12 of Limitation Act, 1963. [ Substituted by Act 60 of 1973, Section 29 (w.e.f. 31.1.1974.]S.40Stay of order S.41Alteration in roll of advocates S.42Powers of disciplinary committee S.42A[ Powers of Bar Council of India and other committees. [ Inserted by Act 60 of 1973, Section 33 (w.e.f. 31.1.1974).]S.43Cost of proceedings before a disciplinary committee S.44Review of orders by disciplinary committee

Ch. VIMis

cellaneous

S.45Penalty for persons illegally practising in Courts and before other authorities S.46Payment of part of enrolment fees to the Bar Council of India S.46A[ Financial assistance to State Bar Council. [ Inserted by Act 60 of 1973, Section 35 (w.e.f. 31.1.1974).]S.47Reciprocity S.48Indemnity against legal proceedings S.48A[ Power of revision. [ Inserted by Act 21 of 1964, Section 19.]S.48B[ Power to give directions. [ Inserted by Act 60 of 1973, Section 37 (w.e.f. 31.1.1974).]S.49General power of the Bar Council of India to make rules S.49A[ Power of Central Government to make rules. [ Inserted by Act 21 of 1964, Section 21.]S.50Repeal of certain enactments S.51Rule of construction S.52Saving

Ch. VIIT

emporary And Transitional Provisions

S.53Elections to first State Bar Council S.54Term of office of members of first [* * *] [ The words " the Bar Council of India and " omitted by Act 21 of 1964, Section 22.] State Bar Councils S.55Rights of certain existing legal practitioners not affected S.56Dissolution of existing Bar Councils S.57Power to make rules pending the constitution of a Bar Council S.58[ Special provisions during the transitional period. [ Inserted by Act 14 of 1962, Section 4.]S.58A[ Special provisions with respect to certain advocates. [ Inserted by Act 21 of 1964, Section 25.]S.58B[ Special provision relating to certain disciplinary proceedings. [ Inserted by Act 21 of 1964, Section 25.]S.59[Removal of difficulties. [ Inserted by Act 14 of 1962, Section 4.]S.60[ Powers of Central Government to make rules. [ Inserted by Act 32 of 1962, Section 4.]