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Advocate Act, 1961 Complete Act

Title: Advocate Act, 1961

State: Central

Year: 1961

.....Section37 - The Bar Council of India Section38 - Appeal to the Supreme Court Section39 - Application of sections 5 and 12 of the Indian Limitation Act Section40 - Stay of order Section41 - Alteration in roll of Advocates Section42 - Powers of disciplinary committee Section42A - Powers of Bar Council of India and other committees Section43 - Cost of proceedings before a disciplinary committee Section44 - Review of orders by disciplinary committee Chapter VI Section45 - Penalty for persons illegally practising in courts and before other authorities Section46 - Payment of part of enrolment fees to the Bar Council of India Section46A - Financial assistance to State Bar Council Section47 - Reciprocity Section48 - Indemnity against legal proceedings Section48A - Power of revision Section48AA - Review Section48B - Power to give directions Section49 - General power of the Bar Council of India to make rules Section49A - Power of Central Government to make rules Section50 - Repeal of certain enactments Section51 - Rule of construction Section52 - Saving Chapter VII Section53 - Elections to first State Bar Council Section54 - Term of office of members of first .....

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Advocate Act, 1961 Section 20

Title: Special Provision for Enrolment of Certain Supreme Court Advocate

State: Central

Year: 1961

(1)Notwithstanding anything contained in this Chapter, every advocate who isentitled as of right to practice in the Supreme Court immediately before theappointed day and whose name is not entered in any State roll may, within theprescribed time, express his intention in the prescribed form to the Bar Councilof India for the entry of his name in the roll of a State Bar Council and onreceipt thereof the Bar Council of India shall direct that the name of suchadvocate shall, without payment of any fee, be entered in the roll of that StateBar Council, and the State Bar Council concerned shall comply with suchdirection. (2)Any entry in the State roll made in compliance with the direction of Bar Councilof India under sub-section (1)shall be made in the order of seniority determined in accordance with theprovisions of sub-section (30 of section 17. (3)Where an advocate referred to in sub-section (1) omits or fails to express hisintention within the prescribed time, his name shall be entered in the roll ofthe State Bar Council of Delhi.]

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Advocate Act, 1961 Section 26

Title: Disposal of Application for Admission as an Advocate

State: Central

Year: 1961

.....made to it in this behalf or otherwise, that any person hasgot his name entered on the roll of advocates by misrepresentation asto an essential fact or by fraud or undue influence, remove the nameof such person from the roll of advocates after giving him anopportunity of being heard.] (2) Where the enrolment committee ofa State Bar Council proposes to refuse any such application, it shallrefer the application for opinion to the Bar Council of India andevery such reference shall be accompanied by a statement of thegrounds in support of the refusal of the application. (3) The enrolment committee of aState Bar Council shall dispose of any application referred to theBar Council of India under sub-section (2) in conformity withthe opinion of the Bar Council of India. 3 [(4)Where the enrolment committee of a State Bar Council has refused anyapplication for admission as an advocate on its roll, the State BarCouncil shall as soon as may be, send intimation to all other StateBar Councils about such refusal stating the name, address andqualification of the person whose application was refused and thegrounds for the refusal.] ______________________ 1. Inserted by Act 21 of.....

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Advocate Act, 1961 Chapter III

Title: Admission and Enrolment of Advocates

State: Central

Year: 1961

.....made to it in this behalf or otherwise, that any person hasgot his name entered on the roll of advocates by misrepresentation asto an essential fact or by fraud or undue influence, remove the nameof such person from the roll of advocates after giving him anopportunity of being heard.] (2) Where the enrolment committee ofa State Bar Council proposes to refuse any such application, it shallrefer the application for opinion to the Bar Council of India andevery such reference shall be accompanied by a statement of thegrounds in support of the refusal of the application. (3) The enrolment committee of aState Bar Council shall dispose of any application referred to theBar Council of India under sub-section (2) in conformity withthe opinion of the Bar Council of India. 3 [(4)Where the enrolment committee of a State Bar Council has refused anyapplication for admission as an advocate on its roll, the State BarCouncil shall as soon as may be, send intimation to all other StateBar Councils about such refusal stating the name, address andqualification of the person whose application was refused and thegrounds for the refusal.] ______________________ 1. Inserted by Act 21 of.....

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Advocate Act, 1961 Chapter VII

Title: Temporary "andtransitional" Provisions

State: Central

Year: 1961

.....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. Section 57 - Power to make rules pending the constitution of a Bar Council Until aBar Council is constituted under this Act, the power of that BarCouncil to make rules under this Act shall be exercised- (a) in the case of theBar Council of India, by the Supreme Court; (b) in thecase of a State Bar Council, by the High Court. Section 58 - Special provisions during the transitional period 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,.....

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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 ],.....

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Government of India Act, 1915-19 [Repealed] Section 114

Title: Appointment and Powers of Advocate-general

State: Central

Year: 1915

Advocate-General (1) His Majesty may, by warrant under His Royal Sign-Manual, appoint an advocate-general for each of the presidencies of Bengal, Madras and Bombay. (2) The advocate-general for each of those presidencies may take on behalf of His Majesty such proceedings as may be taken by His Majesty's. Attorney-General in England. 1[(3) On the occurrence of a vacancy in the office of advocate-general or during any absence or deputation of an advocate-general the Governor-General in Council in the case of Bengal, and the local government in other cases, may appoint a person to act as advocate-general; and the person so appointed may exercise powers of an advocate-general until some person has been appointed by His Majesty to the office and has entered on the discharge of his duties, or until the advocate-general has returned from his absence or deputation, as the case may be, or until the Governor-General in Council or the local government, as the case may be, cancels the acting appointment.] _________________________ 1. This sub-section was added by Sch. I of the Government of India (Amendment) Act 1916 (6 & 7 Geo. 5. Ch. 37).

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Navy Act, 1957 Chapter XVIII

Title: Judge Advocate General of the Navy and Officers of His Department

State: Central

Year: 1957

.....he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be; (c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act. ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 17 (16-12-1974). Section 169 - Functions of the Judge Advocate General of the Navy It shall be the duty of the Judge Advocate General of the Navy to perform such duties of a legal and judicial character pertaining to the Indian Navy as may from time to time be referred or assigned to him by the Central Government or the Chief of the Naval Staff, and to discharge the functions conferred on him by or under this Act or any other law for the time.....

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Navy Act, 1957 Section 168

Title: Appointment of the Judge Advocate General of the Nevy and His Subordinate Officers

State: Central

Year: 1957

.....the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of the Constitution during which he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be; (c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act. ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 17 (16-12-1974).

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Advocate Act, 1961 Chapter IV

Title: Right to Practise

State: Central

Year: 1961

.....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. Section 34 - Power of High Courts to make rules (1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto. 2 [(1A) The High Court shall makes 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 ]. 3[(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 examination 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. ] ________________________ f2"> Inserted by Act 60 of 1973, section 23. f3"> Inserted by Act 38 of 1977, section 6. f4"> Sub-section (3) omitted by Act 107 of 1976,.....

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