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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 Section 16

Title : Senior and Other Advocates

State : Central

Year : 1961

(1) There shall be two classes ofadvocates, namely, senior advocates and other advocates. (2) An advocates may, with hisconsent, be designated as senior advocate if the Supreme Court or aHigh Court is of opinion that by virtue of his ability, 1 [standingat the Bar he is deserving of such distinction. (3) Senioradvocates shall, in the matter of their practice, be subject to suchrestrictions as the Bar Council of India may, in the interests of thelegal profession prescribe. (4) Anadvocate of the Supreme Court who was a senior advocate of that Courtimmediately before the appointed day shall, for the purposes of thissection, be deemed to be a senior advocate. 2 [Provided that where any such senior advocate makes an applicationbefore the 31st December, 1965, to the Bar Councilmaintaining the roll in which his name has been entered that he doesnot desire to continue as a senior advocate, the Bar Council maygrant the application and the roll shall be altered accordingly]. ______________________ 1. Substitutedby Act 60 of 1993, section 13, for the words "experience andstanding at the Bar." 2. Addedby Act 21 of 1964, section 8.

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Advocate Act, 1961 Chapter III

Title : Admission and Enrolment of Advocates

State : Central

Year : 1961

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Advocate Act, 1961 Chapter VI

Title : Miscellaneous

State : Central

Year : 1961

.....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. Section 48 - 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 1[or any Committee thereof ] for any act in good faith done or intended to be done in pursuance o the provisions of this Act or of any rules made thereunder __________________________ 1. Inserted by Act 60 of 1973, section 36. Section 48A - Power of revision 1[48A. Power of revision. - (1) The Bar Council of India may, at any time, call for the record of any proceeding under this Act 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. Inserted by Act 21 of 1964,.....

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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 Section 17

Title : State Bar Councils to Maintain Roll of Advocates

State : Central

Year : 1961

.....or is admitted as an advocate shall be determined by thedate of such enrolment or admission, as the case may be. 4 [(e)notwithstanding anything contained in clause (a), the seniority of anattorney enrolled [whether before or after the commencement of theAdvocates (Amendment) Act, 1980] as an advocate shall be determinedin accordance with the date of his enrolment as an attorney]. (4) No person shall be enrolled asan advocate on the roll of more than one State Bar Council. ______________________ 1. Substitutedby Act 60 of 1973, section 14, for the words " and who withinthe 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.

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Advocate Act, 1961 Chapter II

Title : Bar Council

State : Central

Year : 1961

.....with the rules made in thisbehalf;] 5 [(c)establishing law libraries.] (3) AState Bar Council may receive any grants, donations, gifts orbenefactions for all or any of the purposes specified in sub-section(2) which shall be credited to the appropriate fund or fundsconstituted under that sub-section] ______________________ 1. Insertedby Act 70 of 1993, section 2 (i)(a). 2. Insertedby Act 60 of 1973, section 6. 3. Insertedby Act 70 of 1993, section 2 (i)(b). 4. Sub-sections(2) and (3) substituted by Act 60 of 1973, section 6, for sub-section(2). 5. Inserted by Act 70 of 1993, section 2 (ii). Section 7 - Functions of Bar Council of India 1 [(1)]The functions of the Bar Council of India shall be- 2 [** *] (b) to lay downstandards of professional conduct and etiquette for advocates; (c) to lay down the procedure to befollowed by its disciplinary committee and the disciplinary committeeof each State Bar Council; (d) to safeguard therights, privileges and interests of advocates; (e) to promote andsupport law reform; (f) to deal with and dispose of anymatter arising under this Act, which may be referred to it by a StateBar Council; (g) to.....

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Advocate Act, 1961 Section 49

Title : General Power of the Bar Council of India to Make Rules

State : Central

Year : 1961

.....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; 3[(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 standards 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.....

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