SectionsParticulars
Introduction
The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the Crown to establish High Courts in India by...
Preamble
[19th May, 1961] An act to amend and consolidate the law relating to legal practitioner and to provide for the constitution of Bar Councils and an All India B...
Chapter IPreliminary
1Short title, extend and commencement
– Notification 1. This Act may be called the Advocates Act, 1961. 2. (Note: Subs. by Act 60 of 1973, Sec.2, for sub-section (2) (w.e.f.31-1-1974)) It extend...
2Definitions
2.  (1) (Note: - Section 2 renumbered as sub-section (1) thereof by Act 60 of 1973, sec.2 (w.e.f. 31/07/1974) in this Act, unless the context otherwise requir...
Chapter IIBar Councils
3State Bar Councils
(1) There shall be a Bar Council- a. For each of the States of Andhra Pradesh, Bihar, Gujarat, (Note:- Ins. by Act 60 of 1973, sec.4) (Jammu and Kashmir), M...
4Bar Council of India
(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following me...
5Bar Council to be body corporate
Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable...
6Functions of State Bar Councils
(1) The functions of a State Bar Council shall be- (a) to admit persons as advocates on its roll. (b)  to prepare and maintain such roll (c) to entertain and d...
7Functions of Bar Council of India
(Note:- Section 7 renumbered as sub-section (1) thereof by Act 60 of 1973, Sec.7) (1) The functions of the Bar council of India shall be           a. (Note:- ...
7AMembership in International Bodies
(Note:- Ins. by Act 60 of 1973, sec.8)The Bar Council of India may become a member of international legal bodies such as the International Bar Associations or...
8Terms of office of Members of State Bar Council
(Note:- Subs. by Act 70 of 1993, sec.4) The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in sec...
8AConstitution of Special Committee in the absence of elections
--1. Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case...
9Disciplinary committees
–(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be a person co-opted ...
9AConstitution of Legal Aids Committee
(Note:- Ins. by Act 60 of 1973, sec.9) .—(1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of membe...
10Constitution of committees other than disciplinary committees
(1)A State Bar Council shall constitute the following standing committees, namely;- (a) an executive committee consisting of five members elected by the Coun...
10ATransaction of Business by Bar Councils and committees thereof
(Note:- Ins. by Act 60 of 1973, sec.10) .—(1) (Note:- Subs. by Act 70 of 1993, sec.5) The Bar council of India shall meet at New Delhi or at such other place ...
10BDisqualification of Members of Bar Council
(Note:- Original section 10A renumbered as section 10B by Act 60 of 1973, sec.10.) —An elected member of a Bar Council shall be deemed to have vacated his of...
11Staff or Bar Council
(1) Every Bar Council shall appoint a Secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary. (2) The ...
12Accounts and audit
– (1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as manner as may be prescribed. (...
13Vacancies in Bar Councils and Committees thereof not to invalidate action taken
—No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in t...
14Election of Bar Council not to be questioned on certain grounds
—No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled t...
15Power to make rules
(1) A Bar Council may make rules to carry out the purposes of this chapter. (2) In particular, and without prejudice to the generality of the foregoing power...
Chapter IIIAdmission And Enrolment Of Advocates
16Senior an other advocates
(1) there shall be two classes of advocates, namely , senior advocates and other advocates. (2) An advocate may, with his consent, be designated as senior a...
17State Bar Councils to maintain roll of advocates
(1) Every State Bar Council, shall prepare and maintain a roll of advocates in which shall be entered the names and address of – (a) all persons who were ente...
18Transfer 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 applic...
19State Bar Council to send copies of rolls of advocates to the Bar Council of India
Every State Bar Council shall send to the Bar Council of Indian an authenticated copy of the roll of advocates prepared by it for the first time under this A...
20Special provision for enrolment of certain Supreme Court Advocates
(Note:- Subs. by Act 60 of 1973, sec.15) -(1) Notwithstanding anything contained in this Chapter, every advocate who is entitled a of right to practice in the ...
21Disputes regarding seniority
(1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. (2) [(Note:- Subs. by Act ...
22Certificate of enrolment
[(Note:- Subs. by Act 60 of 1973, sec.16) (1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person ...
23Right of pre-audience
(1) The Attorney General of India shall have pre-audience over all other advocates. (2) Subject to the provision of sub- section (1), the Solicitor General of...
24Persons who may be admitted as advocates on a State roll
- (1) Subject to the provisions of this Act. And rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulf...
24ADisqualification for enrolment
(Note:- Ins. by Act 60 of 1973, sec.19) (1) No person shall be admitted as an advocate on a State roll- a. if he is convicted of an offence involving moral tur...
25Authority to whom applications for enrolment may be made
An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to...
26Disposal of an application for admission as an Advocate
- (1) A State Bar Council shall refer every application for admission as an advocate to is enrolment committee, and subject to the provision of sub section (...
26APower to remove names from roll
. [(Note:- Subs. by Act 60 of 1973, sec.20) A State Bar Council may remove from the State the roll the name of any advocate who is dead or from whom a request...
27Application once refused not to be entertained by another Bar Council except in certain circumstances
Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an a...
28Power to make rules
(1) A State Bar Council may make rules to carry out the purposes of this chapter. (2) In particular, and without prejudice to the generally of the foregoing ...
Chapter IVRight To Practice
29Advocates to be the only recognized class of persons entitled to Practice law
Subject to the provision of this Act an any rules made thereafter, there shall, as from the appointed day, be only one class of persons entitled to practice...
30Right of Advocates to practice
(i)  In all Courts including the Supreme Court(ii)  Before any tribunal or person legally authorised to take evidence and(iii) Before any other authority or...
31[Omitted]
32Power of Court to permit appearances in particular cases
Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to app...
33Advocates alone entitled to practice
. Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to pr...
34Power 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 practice in the High Court and the courts sub...
Chapter VConduct Of Advocates
35Punishment of Advocates for misconduct
(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or...
36Disciplinary 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 (Note:- The words "on the common roll" omitt...
36AChanges in constitution of disciplinary committees
. [(Note:- Ins. by Act 60 of 1973, sec.26) Whenever in respect of any proceedings under Section 35 or Section 36, a disciplinary committee of the State Bar Cou...
36BDisposal of disciplinary proceedings
(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and in each cash the procee...
37Appeal to the Bar Council of India
37. Appeal of the Bar Council of India- Any person aggrieved by an order of the disciplinary committee of a State Bar Council made [(Note:- Subs. by Act 21 ...
38Appeal to the Supreme Court
– Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India under Section 36 or Section 37 [(Note:- Ins. by Act 60 of 1...
39Application of sections 5 and 12 of Limitation Act, 1963
[(Note:- Subs. by Act 60 of 1973, sec.29) – The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under ...
40Stay of order
[(1) (Note:- Section 40 renumbered as sub-section (1) thereof and sub-section (2) ins. by Act 60 of 1973, sec.30)] An appeal, made under section 37 or sectio...
41Alteration in roll of Advocates
– 1. Where an order is made under this Chapter reprimanding or suspending an advocate, a record of the punishment shall be entered against his name:- a. in t...
42Powers of disciplinary committee
– (1) The disciplinary committee of the Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1...
42APowers of Bar Council of India and other Committee India and other Committee
[(Note:- Ins. by Act 60 of 1973, sec.33) The provisions of section 42, shall so far as may be, apply in relation to the Bar Council of India, the enrolment com...
43Cost of proceedings before a disciplinary committee
The disciplinary committee to a Bar Council may, make such order as to the cost of any proceedings before it as it may deem fit and any such order shall be e...
44Review of orders by disciplinary committee
The disciplinary committee of a Bar Council may of its own motion or otherwise review any order [(Note:- Ins. by Act 60 of 1973, sec.34) within sixty days of ...
Chapter VIMiscellaneous
45Penalty for persons illegally practicing in courts and before other authorities
- Any person who practices in any court or before any authority or person, in or before whom he is not entitled to practice under the provisions of this Act...
46[Omitted]
46AFinancial Assistance to State Bar Councils
The Bar Council of India may, if it is satisfied that any State Bar Council is in need of funds for the purpose of performing its functions under this Act, ...
47Reciprocity
(1) Where any country, specified by the Central Government in this behalf by notification in the official Gazette, prevents citizens of India from practicing ...
48Indemnity 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 [(Note:- Ins. by Act 60 of 1973, se...
48APower 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 Com...
48AAReview
[(Note:- Ins. by Act 60 of 1973, sec.37) The Bar Council of India or any of its committee, other than its disciplinary committee, may of its own motion or oth...
48BPower to give directions
[(Note:- Ins. by Act 21 of 1968, sec.19)(1) For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Co...
49General power of the Bar Council of India to make rules
[(Note:- Section 49 renumbered as sub-section (1) thereof by Act 60 of 1973, sec.38) (1)] The Bar Council of India may make rules for discharging its functio...
49APower of Central Government to make rules
(Note:- Ins. by Act 21 of 1964, sec.21) - (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purpose of t...
50Repeal of certain enactments
(1) On the date on which a State Bar Council is constituted under this Act, the provisions of sections 3 to 7 (inclusive), sub-sections (1), (2) and (3) of se...
51Rule of construction
– On and from the appointed day, reference in any enactment to an advocate enrolled by a High Court in any from of words shall be construed as reference to a...
52Saving
Nothing in this Act shall be deemed to affect the power for the Supreme Court to make rules under Article 145 if the Constitution- a. for laying down the condi...
Chapter VIITemporary And Transitional Provisions
53Elections to first State Bar Council
Notwithstanding anything contained in this Act, the elected members of a State Bar Council constituted for the first time under this Act, shall be elected ...
54Terms of office of members of first State Bar Council
Notwithstanding anything contained in this Act, the term of office of the (Note:- The words "nominated and" omitted by Act 14 of 1962, sec.3) elected members...
55Rights of certain existing legal practitioners not affected
Notwithstanding anything contained in this Act,- a. every pleader or vakil practicing as such immediately before the date on which Chapter IV comes into force ...
56Dissolution of existing Bar Council
(1) on the constitution under this Act of a State Bar Council other than the Bar Council of Delhi hereinafter referred to as the new Bar Council. a. All prop...
57Power to make rules pending the constitution of a Bar Council
Until a Bar Council is constituted under this Act the power of that Bar Council to make rules under this Act shall be exercised-           a. in the case of t...
58Special provisions during the transitional period
(Note:- Ins. by Act 14 of 1962, sec.4 and shall be deemed to have always been inserted) (1) Where a State Bar Council has not been constituted under this Act ...
58ASpecial provision with respect to certain Advocates
(Note:- Ins. by Act 21 of 1964, sec.25) (1) Notwithstanding anything contained in this Act, all advocates who immediately before the 26th day of July, 1948 we...
58AASpecial provisions in relation to Union Territory of Pondicherry
(Note:- Ins. by Act 26 of 1968, sec.3 and Sch., Part I) (1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on wh...
58ABSpecial provisions with respect to certain provisions enrolled by Mysore State Bar Council
(Note:- Ins. by Act 26 of 1968, sec.3 and Sch., Part I) (1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on wh...
58ACSpecial provisions with respect to certain provisions enrolled by Uttar Pradesh State Bar Council
. [(Note:- Sections 58AC, 58AD, 58AE and 58AF ins. by Act 60 of 1973, sec.40) Notwithstanding anything contained in this Act or any judgment, decree or order ...
58ADSpecial provisions with respect to certain persons migrating to India
Notwithstanding the repeal by this Act of the provisions of the Legal Practitioner Act, 1879, or of any other law relating to the admission and enrolment of l...
58AESpecial provisions in relation to the Union Territory of Goa, Daman and Diu
(1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force...
58AFSpecial provisions in relation to Jammu and Kashmir
(1) Notwithstanding anything contained in this Act, all advocates who, immediately before the date on which the provisions of Chapter III are brought into for...
58AGSpecial provisions in relation to Articled Clerks
(Note:- Section 58AG ins. by Act 38 of 1977, sec.7) Notwithstanding anything contained in this Act, every person who immediately before the 31st day of Decemb...
58BSpecial provisions relating to certain disciplinary proceedings
(Note:- Ins. by Act 21 of 1964, sec.25) (1) As from the 1st day of September, 1963 every proceeding in respect of any disciplinary matter in relation to an exi...
59Removal of difficulties
(Note:- Ins. by Act 14 of 1962, sec.4 and shall be deemed to have always been inserted) 1. if any difficulty arises in giving effect to the provisions of this...
60Power of Central Government to make rules
(Note:- Ins. by Act 32 of 1962, sec.4) (1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council ...
Schedule
Short title Extent of repeal 1. The Legal Practitioners (Woman) Act, 1923 The whole (23 of 1923). 2. The Legal Practitioners (Fees) Act, 1926 The whole (21 of 1...
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