The SIKKIM ADVOCATE ACT,1981

SlKKIM
GOVERNMENT GAZETTE
EX TR A 0 R DIN A R Y
PUBLISHED BY AUTHORITY
No. 32 Gangtok, Friday, April 3, 1981
. LAW DEPARTMENT '
GOVERNMENT OF' SIKKIM:',
Notification No. 2/LD//8I. .,;" .. .,1
Dated Gangtok, the 31st Marcn,,1981.
The following Act of the Sikkim Legisla.Jive Assembly having received the assent of
the Governor on 30th day of March, 1981, is; hereby:published for general information.oJ'',' .', ' i.' .
THE SIKKIM ADVOCATES ACT, 1981.
ACT NO. 1 OF 1981.
AN
ACT
to provide for appearance ofAd vocates in 'different courts in .Sikkim.
Be it enacted by the Legislature of Sikkim .in the Thirty-second Year of the
Republic of India as follows:- "
I. (1). This Act may be called the Sikkim Advocates Act, 1981. Short title, ex-
tent and com"
mencement,
(2) . It extends to the whole of Sikkim.
'(3) It shall be deemed to have come into force on the 24th day
of November, 1980.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) "Advocate" means an Advocate entered in any roll under.
the provisions of the Advocates Act" 1961·(No- 25,of:1961);
(b) "Court~'I'means the High Court of;S;*~im, and a Court of
Civil or Criminal jurisdiction in Srkkffi1 and includes any
tribunal, authority or person in Sikkim legally authorised
to take evidence;.
(c) "proceeding" includes suit, appeal, revision, review,
petition, application before any Court.
3. (1) Notwithstanding anything contained in any other law, but Persons wbo
subject to the provisions of this Act, only the following may be allowed
classes of persons, shall be entitled to act and plead before to act audpJead
any Court=- in courts.
(a) parties to the proceeding; or
(b) Advocates.

2
(2) An advocate who is a full time employee of any
Government or person or is actively associated with
any trade t business shall not be entitled to act and
plead before any Court. unless he is a party to the
proceedings.
(3) Any Court may permit any person' not enrolled as
an Advocate under the provisions of the Advocates
Act.: 1961, to appear" before it, in any particular
case:
Provided that no court shall permit any person to
appear before it under. rhis-sub.•section; if.there are reason-
able grounds to believe that he is practising the profession
of law. "
Explanatioti r-r- A person may be deemed to be prac-
tising the profession of, law even if -he-rappears without
remuneration.
(4) Any person who acts and pleads before any Court
in contravention .of any> provision 1 of this Act shall
be punishable, with, fine, which: may' extend to One
thousand rupees.
4. (\) The Sikkjm, Ad:,ocate~ .. 9rdip.ance; 19,80 (Ordinance Repeal and
No. 2 of 1980) IS hereby repealed. Saving.
(2.) .Not"v:it~,~t'.u1dip'R'.such .repeal, .nnything done. or any,
action taken under the Ordinance so repealed, shall
be deemed to have .. been., .done or> taken under the
corresponding provisions of this Act.
By Order. of the Governor.
. B.R: PRAt.H-lAN~
Secretary to the Government of Sikkim.
Law'Department,
F. No~16 (115)ILD/80.
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