Section Text
1 [58.Special provisions during the transitional period.-
(1) Where a State BarCouncil has not been constituted under this Act or where a State BarCouncil so constituted is unable to perform its functions by reasonof any order of a court or otherwise, the functions of the BarCouncil or any Committee thereof, in so far as they relate to theadmission and enrolment of advocates, shall be performed by the HighCourt in accordance with the provisions of this Act.
(2) Until Chapter IVcomes into force, a State Bar Council or a High Court performing thefunctions of a State Bar Council may enroll any person to be anadvocate on a State roll, if he is qualified to be so enrolled underthis Act, notwith-standing that no rules have been made under section28 or that the rules so made have not been approved by the BarCouncil of India, and every person so enrolled shall, until thatChapter comes into force, be entitled to all the rights of practiceconferred on an advocate under section 14 of the Indian Bar CouncilsAct, 1926.
(3)Notwithstanding anything contained in this Act, every person whoimmediately before the 1st day of December, 1961, was anadvocate on the roll of any High Court under the Indian Bar CouncilsAct, 1926 or who has been enrolled as an advocate under this Actshall, until Chapter IV comes into force, be entitled as of right topractise in the Supreme Court, subject to the rule, made by theSupreme Court in this behalf.
(4)Notwithstanding the repeal by sub-section (2) of section 50 of theprovisions of the Legal Practitioners Act, 1879, or of the BombayPleaders Act, 1920, 2 [or of any other law relating to theadmission and enrolment of legal practitioners the provisions of theActs, and law aforesaid and any rules made thereunder in so far asthey relate to 3 [ the renewalor the issue by way of renewal] of a certificate to a legalpractitioner authorizing him to practise shall have effect untilChapter IV comes into force and, accordingly, every certificateissued or renewed to legal practitioner (who is not enrolled as anadvocate under this Act which is or purports to be issued or renewedunder the provisions of either of the aforesaid Acts [orof the other law] during the periodbeginning with the 1st day of December, 1961 and endingwith the date on which Chapter IV comes into force, shall be deemedto have veen validly issued or renewed].
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1. Insertedby Act 14 of 1962, section 4 and shall be deemed to have always beeninserted.
2. Substitutedby Act 32 of 1962, section 3 and shall be deemed always to have beenso substituted.
3. Substitutedby Act 21 of 1964, section 25, for the words "the issue andrenewal".