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Advocates Act, 1961

(Act no. 25 of 1961)

 Contents

Sections

Particulars

 

Introduction

          

Preamble

Chapter I

Preliminary

 1

Short title, extend 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

Terms of office of Members of State Bar Council

 8A

Constitution of Special Committee in the absence of elections

 9

Disciplinary committees

 9A

Constitution of Legal Aids Committee

 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 or Bar Council

 12

Accounts and audit

 13

Vacancies in Bar Councils and Committees thereof not to invalidate   action taken

 14

Election of Bar Council not to be questioned on certain grounds

 15

Power to make rules

Chapter III

Admission And Enrolment Of Advocates

 16

Senior an other advocates

 17

State Bar Councils to maintain roll of advocates

 18

Transfer of name from one State roll to another

 19

State Bar Council 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 an application 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 Practice 

 29

Advocates to be the only recognized class of persons entitled to     Practice law

 30

Right of Advocates to practice 

 31

[Omitted]

 32

Power of Court to permit appearances in particular cases

 33

Advocates alone entitled to practice 

 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 Committee India and other Committee

 43

Cost of proceedings before a disciplinary committee

 44

Review of orders by disciplinary committee

 Chapter VI

Miscellaneous 

 45

Penalty for persons illegally practicing in courts and before other authorities 

 46

[Omitted]

 46A

Financial Assistance to State Bar Councils 

 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

Terms of office of members of first State Bar Council

 55

Rights of certain existing legal practitioners not affected 

 56

Dissolution of existing Bar Council

 57

Power to make rules pending the constitution of a Bar Council

 58

Special provisions during the transitional period

 58A

Special provision with respect to certain Advocates

 58AA

Special provisions in relation to Union Territory of Pondicherry

 58AB

Special provisions with respect to certain provisions enrolled by Mysore State Bar Council

 58AC

Special provisions with respect to certain provisions 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 provisions relating to certain disciplinary proceedings

 59

Removal of difficulties

 60

Power of Central Government to make rules

 

Schedule 

The Advocate Act, 1961



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