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Report No. 266

Chapter II

Amendments to The Advocates Act, 1961

2. Amendment of Section 2.

In the the Advocates Act, 1961 (25 of 1961) (hereinafter referred to as the Advocates Act), in section 2, in sub-section(1),-

(i) for clause (a), the following clause shall be substituted, namely:-

(a) "advocate" means an advocate entered in any roll under the provisions of this Act and includes an advocate carrying on practice in law with a law firm, by whatever name called, and a foreign lawyer registered under any law in a country outside India and recognised by the Bar Council of India;";

(ii) after clause (b), the following clause shall be inserted, namely:-

"(bb) 'Bar Association' means the association of Advocates recognized by the State Bar Council and includes a district, taluka and town level associations, whether registered or not, under the Societies Registration Act (Act No.XXI of 1860);";

(iii) after clause (g) the following clause shall be inserted, namely:-

"(gg) 'law firm' means a firm, formed and registered under the Indian Partnership Act, 1932 (9 of 1932); or under the Limited Liability Partnership Act, 2008 (6 of 2009); or a private or public limited company incorporated under the Companies Act, 2013 (18 of 2013) comprising of an advocate or advocates for carrying on practice in law and includes law firms formed and registered under any other law outside India;";

(iv) after clause (i), the following clauses shall be inserted, namely:-

"(ii) 'legal services' includes the rendering of any assistance or service by an advocate in the conduct of any case or other legal proceedings on behalf of a person before any court, tribunal or any other quasi-judicial body;or giving advice or assistance to a person on any legal matter;";

"(iii) 'misconduct' includes-an act of an advocate whose conduct is found to be in breach of or non-observance of the standard of professional conduct or etiquette required to be observed by the advocate; or forbidden act; oran unlawful behaviour;or disgraceful and dishonourable conduct; or neglect; or not working diligently and criminal breach of trust;or any of his conduct incurring disqualification under section 24A;"

(v) after clause (k), the following clauses shall be inserted, namely:-

"(kk) 'register of law firms' means a register of law firms,-

(i) maintained by the Bar Council of India in respect of a law firm formed under any law outside India; and,

(ii) maintained by a State Bar Council in respect of all law firms formed and registered in India;

(kkk) "scheme" means any scheme framed by the Bar Council of India or as the case may be by the State Bar Council, for the purpose of giving effect to any of the provisions of this Act.".



Advocates Act, 1961 - Regulation of Legal Profession Back




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