The Advocates Act, 1961

ACT NO. 25 OF 1961

PREAMBLE

An Act to amend and consolidate the law relating to the legal practitioners and to provide for the
constitution of Bar Councils and an All-India Bar.

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY
SECTIONS

1. Short title, extent and commencement.
2. Definitions.
   CHAPTER II
   BAR COUNCILS
3. State Bar Councils.
4. Bar Council of India.
5. Bar Council to be body corporate.
6. Functions of State Bar Councils.
7. Functions of Bar Council of India.
   7A. Membership in international bodies.
8. Term of office of members of State Bar Council.
   8A.Constitution of special Committee in the absence of election.
9. Disciplinary committees.
   9A. Constitution of legal aid committees.
10. Constitution of committees other than disciplinary committees.
    10A. Transaction of business by Bar Councils and committees thereof.
    10B. Disqualification of members of Bar Council.
11. Staff of Bar Council.
12. Accounts and audit.
13. Vacancies in Bar Council and committees thereof not to invalidate action taken.
14. Election to Bar Councils not to be questioned on certain grounds.
15. Power to make rules.
    CHAPTER III
    ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates.
17. State Bar Councils to maintain roll of advocates.
18. Transfer of name from one State roll to another.
19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
20. Special provision for enrolment of certain Supreme Court advocates.
21. Disputes regarding seniority.
22. Certificate of enrolment
23. Right of pre-audience.
24. Persons who may be admitted as advocates on a State roll.
    24A. Disqualification for enrolment.
25. Authority to whom applications for enrolment may be made.
26. Disposal of applications for admission as an advocate.
    26A. Power to remove names from roll.
27. Application once refused not to be entertained by another Bar Council except in certain circumstances.
28. Power to make rules.
    CHAPTER IV
    RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.
30. Right of advocates to practise.
31. [Repealed.]
32. Power of court to permit appearances in particular cases.
33. Advocates alone entitled to practise.
34. Power of High Courts to make rules.
    CHAPTER V
    CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.
36. Disciplinary powers of Bar Council of India.
    36A. Changes in constitution of disciplinary committees.
    36B. Disposal of disciplinary proceedings.
37. Appeal to the Bar Council of India.
38. Appeal to the Supreme Court.
39. Application of sections 5 and 12 of Limitation Act, 1963.
40. Stay of order.
41. Alteration in roll of advocates.
42. Powers of disciplinary committee.
    42A. Powers of Bar Council of India and other committees.
43. Cost of proceedings before a disciplinary committees.
44. Review of orders by disciplinary committee.
    CHAPTER VI
    MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before other authorities.
46. [Repealed.]
    46A. Financial assistance to State Bar Council.
47. Reciprocity.
48. Indemnity against legal proceedings.
    48A. Power of revision.
    48AA. Review.
    48B. Power to give directions.
49. General power of the Bar Council of India to make rules.
    49A. Power of Central Government to make rules.
50. Repeal of certain enactments.
51. Rule of construction.
52. Saving.
    CHAPTER VII
    TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.
54. Term of office of members of first State Bar Councils.
55. Rights of certain existing legal practitioners not affected.
56. Dissolution of existing Bar Councils.
57. Power to make rules pending the constitution of a Bar Council.
58. Special provisions during the transitional period.
    58A. Special provisions with respect to certain advocates.
    58AA. Special provisions in relation to the Union territory of Pondicherry
    58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
    58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
    58AD. Special provisions with respect to certain persons migrating to India.
    58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.
    58AF. Special provisions in relation to Jammu and Kashmir.
    58AG. Special provisions in relation to articled clerks.
    58B. Special provision relating to certain disciplinary proceedings.
59. Removal of difficulties.
60. Power of Central Government to make rules.
    THE SCHEDULE.

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The Advocates Act, 1961

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