The ADVOCATES ACT, 1961

PRELIMINARY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Advocates Act, 1961. (2) It extends to the whole of India.

(3) It shall, in relation to the territories other than those referred to in sub-section (4), come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. (4) This Act shall, in relation to the State of Jammu and Kashmir*5 and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.

Browse all 85 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions.
  3. 3.State Bar Councils.
  4. 4.Bar Council of India.
  5. 5.Bar Council to be body corporate.
  6. 6.Functions of State Bar Councils.
  7. 7.Functions of Bar Council of India.
  8. 7A.Membership in international bodies.
  9. 8.Term of office of members of State Bar Council.
  10. 8A.Constitution of special Committee in the absence of election.
  11. 9.Disciplinary committees.
  12. 9A.Constitution of legal aid committees.
  13. 10.Constitution of committees other than disciplinary committees.
  14. 10A.Transaction of business by Bar Councils and committees thereof.
  15. 10B.Disqualification of members of Bar Council.
  16. 11.Staff of Bar Council.
  17. 12.Accounts and audit.
  18. 13.Vacancies in Bar Council and committees thereof not to invalidate action taken.
  19. 14.Election to Bar Councils not to be questioned on certain grounds.
  20. 15.Power to make rules.
  21. 16.Senior and other advocates.
  22. 17.State Bar Councils to maintain roll of advocates.
  23. 18.Transfer of name from one State roll to another.
  24. 19.State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
  25. 20.Special provision for enrolment of certain Supreme Court advocates.
  26. 21.Disputes regarding seniority.
  27. 22.Certificate of enrolment.
  28. 23.Right of pre-audience.
  29. 24.Persons who may be admitted as advocates on a State roll.
  30. 24A.Disqualification for enrolment.
  31. 25.Authority to whom applications for enrolment may be made.
  32. 26.Disposal of applications for admission as an advocate.
  33. 26A.Power to remove names from roll.
  34. 27.Application once refused not to be entertained by another Bar Council except in certain circumstances.
  35. 28.Power to make rules.
  36. 29.Advocates to be the only recognised class of persons entitled to practise law.
  37. 30.Right of advocates to practise.
  38. 31.[Repealed.].
  39. 32.Power of court to permit appearances in particular cases.
  40. 33.Advocates alone entitled to practise.
  41. 34.Power of High Courts to make rules.
  42. 35.Punishment of advocates for misconduct.
  43. 36.Disciplinary powers of Bar Council of India.
  44. 36A.Changes in constitution of disciplinary committees.
  45. 36B.Disposal of disciplinary proceedings.
  46. 37.Appeal to the Bar Council of India.
  47. 38.Appeal to the Supreme Court.
  48. 39.Application of sections 5 and 12 of Limitation Act, 1963.
  49. 40.Stay of order.
  50. 41.Alteration in roll of advocates.
  51. 42.Powers of disciplinary committee.
  52. 42A.Powers of Bar Council of India and other committees.
  53. 43.Cost of proceedings before a disciplinary committees.
  54. 44.Review of orders by disciplinary committee.
  55. 45.Penalty for persons illegally practising in courts and before other authorities.
  56. 46.[Repealed.].
  57. 46A.Financial assistance to State Bar Council.
  58. 47.Reciprocity.
  59. 48.Indemnity against legal proceedings.
  60. 48A.Power of revision.
  61. 48AA.Review.
  62. 48B.Power to give directions.
  63. 49.General power of the Bar Council of India to make rules.
  64. 49A.Power of Central Government to make rules.
  65. 50.Repeal of certain enactments.
  66. 51.Rule of construction.
  67. 52.Saving.
  68. 53.Elections to first State Bar Council.
  69. 54.Term of office of members of first State Bar Councils.
  70. 55.Rights of certain existing legal practitioners not affected.
  71. 56.Dissolution of existing Bar Councils.
  72. 57.Power to make rules pending the constitution of a Bar Council.
  73. 58.Special provisions during the transitional period.
  74. 58A.Special provisions with respect to certain advocates.
  75. 58AA.Special provisions in relation to the Union territory of Pondicherry.
  76. 58AB.Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
  77. 58AC.Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
  78. 58AD.Special provisions with respect to certain persons migrating to India.
  79. 58AE.Special provisions in relation to the Union territory of Goa, Daman and Diu.
  80. 58AF.Special provisions in relation to Jammu and Kashmir.
  81. 58AG.Special provisions in relation to articled clerks.
  82. 58B.Special provision relating to certain disciplinary proceedings.
  83. 59.Removal of difficulties.
  84. 60.Power of Central Government to make rules.
  85. SCH-THE SCHEDULE.THE SCHEDULE