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Advocates Act, 1961


24. Persons 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 fulfills the following conditions, namely:-

a. he is a citizen of India: Provided that subject to the other provisions contained in the Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country.

b. he has completed the age of twenty-one years.

c. he has obtained a degree in law-

i.  before the [(Note:- Subs. by Act 60 of 1973, sec.18, for the words "28th day of February,1963" 12th day of March, 1967] from any University in the territory of India, or

ii. before the 15th August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935, or

iii.[Note:- Subs. by Act 60 of 1973, sec.18, for clause (iii)) after the 12th day of March, 1967, save as provided in sub clause after undergoing a three years course of study in law from any University in India which is recognized for the purpose of this Act by the Bar Council of India, or

(iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-98 or any earlier academic year from any University in India which is recognized for the purpose of this Act by the Bar Council of India, or]

[(Note:- Subs. by Act 60 of 1973, sec.18, for the words "he is a barrister".) he is barrister and is called the Bar and on before the 31st day of December, 1976 [(Note:- Ins. by Act No.107 of 1976, sec.6) "or has passed the articled clerks" examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court] or has obtained such other foreign qualification in law as is recognized by the Bar Council of India for the purpose of admission as an advocate under this Act.]

iv. (Note:- Ins. by Act 21 of 1964 sec.13) In any other case, from any University outside the territory of India, if the degree is recognized for the purpose of this Act by the Bar Council of India or

d. (Note:- Clause (d) omitted by Act 60 of 1973, sec.18)

e.  he fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter.

f.   (Note:- Clause (f) subs. by Act 60 of 1973, sec.18) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899, and an enrolment fee payable to the State Boar Council of [(Note:- Subs. by Act 70 of 1993, sec.6) six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favor of that Council.]

Provided that where such person is a member of the Schedule Castes or the Scheduled Tribes and produces a certificate to the effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be [(Note:- Subs. by Act 70 of 1993, sec.6) one hundred rupees and to the Bar Council of India, twenty-five rupees.]

[Explanation - (Note:- Ins. by Act 14 of 1962, sec.2) For the purpose of this sub-section, a person, shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice-board or otherwise declaring him to have passed that examination.]

(2) Notwithstanding anything contained in sub-section (1) [(Note:- Subs. by Act 21 of 1964, sec.13, for certain words.) a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll , if he-

a.  makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day, and

b.  fulfills the conditions specified in clauses (a), (b) and (f) of sub-section (1).

(3) [(Note:- Sub-sections (3) and (4) ins. by Act 21 of 1964, sec.13) Notwithstanding anything contained in sub-section (1) a person who-

a. (Note:- The words "before the 31st day of March,1964 and then in force" omitted by Act 33 of 1968, sec.2) has, for at least three years, been a vakil or a pleader or a mukhtar or was entitled at any time to be enrolled under any law (Note:- The words "before the 31st day of March,1964 and then in force" omitted by Act 33 of 1968, sec.2) as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory, or

aa.  [(Note:- Sub-clause (aa) ins. by Act 60 of 1973, sec.18) before the 1st day of December, 1961 was entitled otherwise than as an advocate to practice the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date or.

a.[(Note:- Sub-clause (b) omitted by Act 60 of 1973, sec.18)].

b. Court in any area which was comprised within Burma as defined in the Government of India Act, 1935 or

c. is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he-

(i) makes an application for such enrolment in accordance with the provision s of this Act, and

i.  fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).

1. [(Note:- Sub-section (4) omitted by Act 107 of 1976, sec.6)]



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