Bare Act Search Results

Advocates Act, 1961 Complete Act

State: Central

Year: 1961

.....Bill seeks to achieve these objectives.- S.O.R. -Gaz. of Ind., 13-8-1962, Pt. II, S. 2, Ext., p.641. Act 21 of 1964.- The working of the Advocates Act, enacted in May, 1961, has revealed certain practical difficulties and representations in this behalf have been received from various State Bar Councils and other associations. The Bar Council of India has also suggested certain amendments to the Act. Difficulties were being experienced mainly in regard to the functioning of the Bar Councils and the Committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope ofsections 17and24of the Act. It is considered necessary that the Act should be suitably amended for removing such difficulties and for facilitating the implementation of its provisions. 2. The Act provides for the general supervision and control of the Bar Council of India over all State Bar Councils in order that they may, in the exercise of their powers, follow a uniform all-India policy. The powers given to the Bar Council of India in this behalf are, however, inadequate and it is considered necessary to enlarge its powers. It is therefore.....

Advocate Act, 1961 Section 10A

Title: Transaction of Business by Bar Councils and Committees Thereof

State: Central

Year: 1961

1[10A. Transaction of business by Bar Councils and committees thereof. 2[(1)The Bar Council of India shall meet at New Delhi or at such otherplace as it may, for reasons to be recorded in writing, determine. (2) A State Bar Council shall meetat its headquarters or at such other place as it may, for reasons tobe recorded in writing, determine,] (3) The committees other thandisciplinary committees constituted by the Bar Councils shall meet atthe headquarters of the respective Bar Councils. (4) Every Bar Council and everycommittee thereof except the disciplinary committees shall observesuch rules of procedure in regard to the transaction of business attheir meetings as may be prescribed. (5) The disciplinary committeesconstituted under section 9 shall meet at such times and places andshall observe such rules of procedure in regard to the transaction ofbusiness at their meetings as may be prescribed]. ______________________ 1. Insertedby Act 60 of 1973, section 10. 2. Substituedby Act 70 of 1993, section 5.

Advocate Act, 1961 Chapter V

Title: Conduct of Advocates

State: Central

Year: 1961

.....the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 3[ Explanation.-In this section, 4[ section 37 and section 38 ] the expression "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India ]. ________________________ 1. Sub-section (1-A) inserted by Act 60 of 1973, section 24. 2. Certain words omitted by Act 601 of 1973, section 24. 3. Inserted by Act 21 of 1964, section 17. 4. Inserted by Act 60 of 1973, section 24. Section 36 - Disciplinary powers of Bar Council of India (1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 1[ *** ] 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, 2[ either of its own motion or on a report by any State Bar Council or an application made to it by any person interested ],.....

Advocate Act, 1961 Chapter II

Title: Bar Council

State: Central

Year: 1961

.....of Name Adaptation of Laws on UnionSubjects Order, 1974. 5. Substitutedby Act 69 of 1986, section 19, for clause (6) as earlier amended byAct 81 of 1971, section 34 and Act 34 of 1986, section 16. 5a. Substitutedby Act 34 of 1973, section 12. 6. Insertedby Act 26 of 1968, section 3 and Schedule. 7. Substituedby the Madras State (Alteration of Name) (Adaptation of Laws on UnionSubjects) order, 1970, for the words "State of Madras". 8. Substitutedby act 18 of 1987, section 21, for clause (ccc) as initially insertedby Regulation 8 of 1963, section 12 and relettered by Act 26 of 1968,section 3 and Schedule and subsequently amended by Act 60 of 1973,section 4. 9. Substituedby Act 53 of 1970, section 24, for clause (d). 10. Substitutedby Act 81 of 1971, section 34, for "Union Territories ofTripura and the Andaman and Nicobar Islands". 11. Insertedby Act 60 of 1973, section 4. 12. Substitutedby Act 60 of 1973, section 4. 13. Insertedby Act 21 of 1964, section. 2. 14. Substitutedby Act 38 of 1977, section 2, for clause (3) as Inserted by Act 107of 1976, section 3. 15. Insertedby Act 21 of 1964, section 2. 16. Sub-clause(6) inserted by Act 60 of 1973,.....

Advocate Act, 1961 Chapter III

Title: Admission and Enrolment of Advocates

State: Central

Year: 1961

.....prescribed time". 2. Substitutedby Act 21 of 1964, section 9, for the words "and, suchseniority shall be determined". 3. Clause(c) omitted by Act 60 of 1973, section 14. 4. Insertedby Act 47 of 1980, section 2. Section 18 - Transfer of name from one State roll to another (1) Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application, the Bar Council of India shall direct that 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.....

Advocate Act, 1961 Section 36

Title: Disciplinary Powers of Bar Council of India

State: Central

Year: 1961

.....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 3[before the disciplinary committee of the Bar Council of India ] the State Bar Council concerned shall give effect to any such order. ________________________ 1. The words "On the common roll" omitted by Act 60 of 1973, section 25. 2. Substituted by Act 60 of 1973, section 25, for the words "of its own motion". 3. Substituted by Act 60 of 1973, section 25, for the words "before the Bar Council of India".

Advocate Act, 1961 Section 15

Title: Power to Make Rules

State: Central

Year: 1961

.....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) organization 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, 7[*** ] the the conduct of business thereat, and the number of members necessary to constitute a quorum; (i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee; (j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum; (k) the qualifications and the conditions of service of the secretary; the accountant and other employees of the Bar Council; (l) the maintenance of books of accounts and other books by the Bar Council; (m) the appointment of auditors and the audit of the accounts of the Bar Council; (n) the management.....

Advocate Act, 1961 Section 42

Title: Powers of Disciplinary Committee

State: Central

Year: 1961

.....shall be invalid merely by reason of the absence of the Chairman or member thereof on any such date: Provided that no final orders of the nature referred to in sub-section (3) of Section 35 can be made in any proceedings unless the Chairman and other members of the disciplinary committee are present. (5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made in any proceedings in accordance with the opinion of the Chairman and the members of a disciplinay 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 think fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion. ] _______________________ 1. Sub-sections (4) and (5) inserted by Act 60 of 1973, section 32.

Advocate Act, 1961 Complete Act

Title: Advocate Act, 1961

State: Central

Year: 1961

..... Section11 - Staff of Bar Council Section12 - Accounts and audit Section13 - Vacancies in Bar Councils and committees thereof not to invalidate action taken Section14 - Election to Bar Councils not to be questioned on certain grounds Section15 - Power to make rules Chapter III Section16 - Senior and other advocates Section17 - State Bar Councils to maintain roll of advocates Section18 - Transfer of name from one State roll to another Section19 - State Bar Councils to send copies of rolls of advocates to the Bar Council of India Section20 - Special provision for enrolment of certain supreme court advocate Section21 - Disputes regarding seniority Section22 - Certificate of enrolment Section23 - Right of pre-audience Section24 - Persons who may be admitted as advocates on a state roll Section24A - Disqualification for enrolment Section25 - Authority to whom applications for enrolment may be made Section26 - Disposal of application for admission as an Advocate Section26A - Power to remove names from roll Section27 - Application once refused not to be entertained by another Bar Council except in certain circumstances Section28 - Power to make rules Chapter IV.....

Advocate Act, 1961 Chapter VI

Title: Miscellaneous

State: Central

Year: 1961

..... (2) On the date onwhich Chapter III comes into force, the following shall standrepealed, namely:- (a) sections 6, 7, 18and 37 o the Legal Practitioners Act, 1879, (18 of 1879) and so muchf sections 8, 9, 16, 17, 19 and 41 of that Act as relate to theadmission and enrolment of legal practitioners; (b) sections 3, 4 and 6of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) so much of section8 of the Indian Bar Councils Act, 1926, (38 of 1926) as relates tothe admission and enrolment of legal practitioners; (d) theprovisions of the Letters Patent of any High Court and of any otherlaw in so far a They relate to the admission and enrolment of legalpractitioners. (3) On thedate on which Chapter IV comes into force, the following shall standrepealed, namely:- (a) sections 4, 5, 10and 20 of the Legal Practitioners Act, 1879, (18 of 1879) and so muchof sections 8, 9, 19 and 41 of that Act as confer on legalpractitioners the right to practise in any court or before anyauthority or person; (b) sections 5, 7, 8and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) section 14 of theIndian Bar Councils Act, 1926, (38 of 1926) and so much of sections.....