LexThe ADVOCATES ACT, 1961
Uttarakhand · state statute
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THE ADVOCATES ACT, 1961
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent 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. Term of office of members of State Bar Council.
8A. Constitution of special Committee in the absence of election.
9. Disciplinary committees.
9A. Constitution of legal aid committees.
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 of Bar Council.
12. Accounts and audit.
13. Vacancies in Bar Council and committees thereof not to invalidate action taken.
14. Election to Bar Councils not to be questioned on certain grounds.
15. Power to make rules.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates.
17. State Bar Councils to maintain roll of advocates.
18. Transfer of name from one State roll to another.
19. State Bar Councils 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.
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SECTIONS
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 applications 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 PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.
30. Right of advocates to practise.
31. [Repealed.]
32. Power of court to permit appearances in particular cases.
33. Advocates alone entitled to practise.
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 committees.
43. Cost of proceedings before a disciplinary committees.
44. Review of orders by disciplinary committee.
CHAPTER VI
MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before other authorities.
46. [Repealed.]
46A. Financial assistance to State Bar Council.
47. Reciprocity.
48. Indemnity against legal proceedings.
48A. Power of revision.
48AA. Review.
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SECTIONS
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. Term of office of members of first State Bar Councils.
55. Rights of certain existing legal practitioners not affected.
56. Dissolution of existing Bar Councils.
57. Power to make rules pending the constitution of a Bar Council.
58. Special provisions during the transitional period.
58A. Special provisions with respect to certain advocates.
58AA. Special provisions in relation to the Union territory of Pondicherry
58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
58AC. Special provisions with respect to certain persons 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 provision relating to certain disciplinary proceedings.
59. Removal of difficulties.
60. Power of Central Government to make rules.
THE SCHEDULE.
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THE ADVOCATES ACT, 1961
ACT NO. 25 OF 1961
[19th May, 1961.]
An Act to amend and consolidate the law relating to the legal practitioners and to provide for the
constitution of Bar Councils and an All-India Bar.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Advocates Act, 1961.
1[(2) It extends to the whole of India.]
(3) It 2[shall, in relation to the territories other than those referred to in sub -section (4), come into force]
on such date 3 as the Central Government may, by notification in the Official Gazette, appoint, and different
dates3 may be appointed for different provisions of this Act.
4[(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.]
2. Definitions.―6[(1)] In this Act, unless the context otherwise requires,―
1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).
2. Subs. by s. 2, ibid., for “shall come into force” (w.e.f. 31-1-1974).
3. The provisions of the Act have been brought into force as under:―
16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50( 2), see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961 , in respect of s. 50(1), see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962 , in respect of s s. 51 and 52 , see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary,
Part II, sec. (ii).
4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter V I [except s. 46,
sub-sections (1) and (2) of s. 50, ss. 51 and 52], see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st September, 1963, vide notification No. S.O. 2509, dated 31st August, 1963, in respect of Chapter V , see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapter s I, II, III, section 32 of Chapter IV and
Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1969, vide notification No. S.O. 1500, dated 5th April, 1969, in respect of ss. 29, 31, 33 and 34 of Chapter IV , see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979, except section 30 in respect of the Union territory
of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i).
15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India,
Extraordinary, Part II, sec. 3(i).
4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974).
5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and
Kashmir.
6. Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
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(a) “advocate” means an advocate entered in any roll under the provisions of this Act;
(b) “appointed day”, in relation to any provision of this Act, means the day on which that provision comes into
force;
1* * * * *
(d) “Bar Council” means a Bar Council constituted under this Act;
(e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act
extends;
2* * * * *
(g) “High Court”, except in sub-section (1) 3[and sub-section (1A)] of section 34 and in sections 42 and 43, does
not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,--
(i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the
High Court for the State;
(ii) in the case of the Bar Council constituted for Delhi, 4[the High Court of Delhi];
(h) “law graduate” means a person who has obtained a bachelor's degree in law from any University established
by law in India;
(i) “legal practitioner” means an advocate 5[or vakil] of any High Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained under this Act;
(l) “State” does not include a Union territory;
(m) “State Bar Council” means a Bar Council constituted under section 3;
(n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under section 17.
3[(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or in the Union
territory of Goa, Da man and Diu, shall, in relation to that State or that territory, be construed as a reference to the
corresponding law, if any, in force in that State or that territory, as the case may be.]
CHAPTER II
BAR COUNCILS
3. State Bar Councils.―(1) There shall be a Bar Council—
(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, 6[Jammu and Kashmir,] 7[Jharkhand], 8[Madhya
Pradesh and Chhattisgarh], 9***, 10***, 11[Karnataka], Orissa, Rajasthan 12[Uttar Pradesh, 13[Uttaranchal, Meghalya,
Manipur and Tripura], to be known as the Bar Council of that State;
1. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15-10-1976).
2. Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
3. Ins. by s. 3, ibid. (w.e.f. 31-1-1974).
4. Subs. by s. 3, ibid., for “the High Court of Punjab” (w.e.f. 31- 1-1974).
5. Subs. by Act 107 of 1976, s. 2, for “vakil or attorney” (w.e.f. 15-10-1976).
6. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
7. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000).
8. Subs. by Act 28 of 2000, s.24, for “and Madhya Pradesh” (w.e.f. 1-11-2000).
9. The word “Madras” omitted by Act 26 of 1968, s. 3 and Sch. 4.
10. The word “Maharashtra” omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965).
11. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for “Mysore”
(w.e.f. 1-11-1973).
12. Subs. by Act 29 of 2000, s. 29, for “and Uttar Pradesh” (w.e.f. 9-11-2000).
13. Subs. by Act 26 of 2012, s. 9, for “and Uttaranchal” (w.e.f. 23-3-2013).
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1[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar
Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;]
(c) for the State of Kerala and the Union territory of 2[Lakshadweep] to be known as the Bar Council
of Kerala;
3[(cc) for the 4[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar
Council of Madras;]
5[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and
and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]
6[(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the
Bar Council of Punjab and Haryana;
(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;]
(e) for the State of West Bengal and the 7[Union territory of Andaman and Nicobar Islands], to be
known as the Bar Council of West Bengal; and
(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi.
(2) A State Bar Council shall consist of the following members, namely:―
(a) in the case of the State Bar Council of Delhi, the Additional Solicitor -General of India, ex officio;
8[9[in the case of the State Bar Council s of Assam, Arunachal Pradesh , Mizoram and Nagaland, the
Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio;
in the case of the State Bar Council of Punjab and Haryana, the Advocate -General of each of the States of
Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate -General of
the State, ex officio;
10[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen
members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding
ten thousand, twenty m embers, and in the case of a State Bar Council with an electorate exceeding ten
thousand, twenty-five members, elected in accordance with the system of proportional representation by
means of the single transferable vote from amongst advocates on the elect oral roll of the State Bar
Council:]
11[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that
may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been
advocates on a State roll, and in computing the said period of ten years in relation to any such person,
there shall be included any period during which the person has been an advocate enrolled under the Indian
Bar Councils Act, 1926 (38 of 1926).]
1. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013).
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 19 73), s. 5, for “the Laccadive,
Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
3. Ins. by Act 26 of 1968, s. 3 and the Sch.
4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “State of Madras ”
(w.e.f. 14- 1-1969).
5. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987).
6. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971).
7. Subs. by Act 81 of 1971, s. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.e.f. 21-1-1972).
8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
9. Subs. by Act 26 of 2012, s. 9, for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the
Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013).
10. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974).
11. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964).
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1[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in
such manner as may be prescribed.
(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately
before the commencement of the Ad vocates (Amendment) Act, 1977 (38 of 1977), shall, on such
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that every such person shall continue to carry on the duties of his office until the Chairman or
the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the
Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.]
1[(4) An advocate shall be disqualified from voting at an election under sub -section ( 2) or for being
chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies
such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules
that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.
(5) Nothing in the proviso to sub -section (2) shall affect the term of office of any member elected before
the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such
commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India
to give effect to the said proviso.]
2[(6) Nothing in clause ( b) of sub -section ( 2) shall affe ct the representation of elected members in any
State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act,
1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]
4. Bar Council of India.―(1) There shall be a Bar Council for the territories to which this Act extends to
be known as the Bar Council of India which shall consist of the following members, namely:―
(a) the Attorney-General of India, ex officio;
(b) the Solicitor-General of India, ex officio;
3* * * * *
(c) one member elected by each State Bar Council from amongst its members.
4[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he
possesses the qualifications specified in the proviso to sub-section (2) of section 3.]
5[(2) There shall be a Chairman and a Vice -Chairman of the Bar Council of India elected by the Council
in such manner as may be prescribed.
(2A) A person holding office as Chairman or as Vice -Chairman of the Bar Council of India immediately
before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the Chairman or the
Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates
(Amendment) Act, 1977 (38 of 1977), assumes charge of the office.]
1. Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977).
2. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
3. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977).
4. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).
5. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977).
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1[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,—
(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the
date of his election 2[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and
(ii) in any other case, be for the period for which he holds office as a member of the State Bar
Council:
Provided that every such member shall continue to hold office as a member of the Bar Council of India
until his successor is elected.]
5. Bar Council to be body corporate .―Every Bar Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property, both movable and immovable, and to
contract, and may be the name by which it is known sue and be sued.
6. Functions of State Bar Councils.―(1) The functions of a State Bar Council shall be―
(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(c) to entertain and determine cases of misconduct against advocates on its roll;
(d) to safeguard the rights, privileges and interests of advocates on its roll;
3[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the
welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2)
of section 7;]
(e) to promote and support law reform;
4[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publ ish journals
and papers of legal interest;
(eee) to organise legal aid to the poor in the prescribed manner;]
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members;
3[(gg) to visit and inspect Universitie s in accordance with the directions given under clause ( i) of
sub-section (1) of section 7;]
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions.
5[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—
of—
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other
advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
3[(c) establishing law libraries.]
1. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964).
2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).
3. Ins. by Act 70 of 1993, s. 2 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31-1-1974).
5. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 31-1-1974).
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(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under
that sub-section.]
7. Functions of Bar Council of India.― 1[(1)] The functions of the Bar Council of India shall be―
2* * * * *
(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State
Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the
Universities in India imparting such education and the State Bar Councils;
(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate
and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it may give in this behalf];
4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the
purpose of admission as an advocate under this Act;]
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.
4[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose
of—
(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf.
5[(c) establishing law libraries.]
(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under
that sub-section.]
1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974).
3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
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1[7A. Membership in international bodies .―The Bar Council of India may become a member of
international legal bodies such as the International Bar Association or the International Legal Aid Association,
contribute such s ums as it thinks fit to such bodies by way of subscription or otherwise and authorise
expenditure on the participation of its representatives in any international legal conference or seminar.]
2[8. Term of office of members of State Bar Council .―The term o f office of an elected member of a
State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the
date of publication of the result of his election:
Provided that where a State Bar Council fails to provide for the election of its members before the expiry
of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said
term for a period not exceeding six months.
8A. Constitution of Special Committee in the absence of election.―(1) Where a State Bar Council fails
to provide for the election of its members before the expiry of the term of five years or the extended term, as
the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately
following the day of such expiry, constitute a Special Committee consisting of―
(i) the ex officio member of the State Bar Council referred to in clause ( a) of sub -section ( 2) of
section 3 to be the Chairman:
Provided that where there ar e more than one ex officio members, the senior most amongst them shall
be the Chairman; and
(ii) two members to be nominated by the Bar Council of India from amongst advocates on the
electoral roll of the State Bar Council,
to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.
(2) On the constitution of the Special Committee and until the State Bar Council is constituted—
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or
otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(c) all proceedings pending before the Sta te Bar Council in respect of any disciplinary matter or
otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub -section (1) shall, in accordance with such directions as
the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of
six months from the date of its constitution under sub -section ( 1), and where, for any reason the Special
Committee is not in a position to conduct election within the said pe riod of six months, the Bar Council of
India may, for reasons to be recorded by it in writing, extend the said period.]
3[9. Disciplinary committees.―(1) A Bar Council shall constitute one or more disciplinary committees,
each of which shall consist of three persons of whom two shall be persons elected by the Council from
amongst its members and the other shall be a person co -opted by the Council from amongst advocates who
possess the qualifications specified in the proviso to sub -section (2) of section 3 and who are not members of
the Council, and the senior -most advocate amongst the members of a disciplinary committee shall be the
Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to
the commencement of the Advocates (A mendment) Act, 1964 (21 of 1964 ) may dispose of the proceedings
pending before it as if this section had not been amended by the said Act.]
1. Ins. by Act 60 of 1973, s. 8 (w.e.f. 31-1-1974).
2. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993).
3. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964).
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1[9A. Constitution of legal aid committees .―(1) A Bar Council may constitute one or more legal aid
committees each of which shall consist of such number of members, not exceeding nine but not less than five,
as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of a legal aid
committee shall be such as may be prescribed.]
10. Constitution of committees other than disciplinary committees .―(1) A State Bar Council shall
constitute the following standing committees, namely:―
(a) an executive committee consisting of five members elected by the Council from amongst its
members;
(b) an enrolment committee consisting of three members elected by the Council from amongst its
members.
(2) The Bar Council of India shall constitute the following standing committees, namely:―
(a) an executive committee consisting of nine members elected by the Council from amongst its
members;
(b) a legal education committee consisting of ten members, of w hom five shall be persons elected by
the Council from amongst its members and five shall be persons co - opted by the Council who are not
members thereof.
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other
committees as it may deem necessary for the purpose of carrying out the provisions of this Act.
2[10A. Transaction of business by Bar Councils and committees thereof .―3[(1) The Bar Council of
India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing,
determine.
(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be
recorded in writing, determine.]
(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the
headquarters of the respective Bar Councils.
(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such
rules of procedure in regard to the transaction of business at their meetings as may be prescribed.
(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall
observe such rules of pro cedure in regard to the transaction of business at their meetings as may be
prescribed.]
4[5[10B.] Disqualification of members of Bar Council .―An elected member of a Bar Council shall be
deemed to have vacated his office if he is declared by the Bar Counci l of which he is a member to have been
absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any
cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar
Council of India.]
1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974).
2. Ins. by s. 10, ibid. (w.e.f. 31-1-1974).
3. Subs. by Act 70 of 1993, s. 5, for sub-sections (1) and (2) (w.e.f. 26-12-1993).
4. Ins. by Act 21 of 1964, s. 6 (w.e.f. 16-5-1964).
5. Section 10A re-numbered as section 10B of the Act by Act 60 of 1973, s. 10 (w.e.f. 31-1-1974).
12
11. Staff of Bar Council .―(1) Every Bar Council shall appoint a secretary and may appoint an
accountant and such number of other persons on its staff as it may deem necessary.
(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.
12. Accounts and Audit .―(1) Every Bar Council shall cause to be maintained such books of accounts
and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of
companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be
prescribed.
1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of
December of the year next fol lowing, a State Bar Council shall send a copy of its accounts together with a
copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published
in the official Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later than the 31 st day of
December of the year next following, the Bar Council of India shall send a copy of its accounts together with
a copy of the report of the auditors thereon to the Central Government and shall c ause the same to be
published in the Gazette of India.]
13. Vacancies in Bar Council and committees thereof not to invalidate action taken.―No act done by
a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of
any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be.
14. Election to Bar Councils not to be questioned on certain grounds.― No election of a member to a
Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any
person entitled to vote thereat, if notice of the date has, not less than thi rty days before that date, been
published in the Official Gazette.
15. Power to make rules.―(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for―
2[(a) the election of members of the Bar Council by secret ballot including the conditions subject to
which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls
and the manner in which the results of election shall be published;]
3* * * * *
4[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;]
(d) the manner in which and the authority by which doubts and disputes as to the validity o f a n
election to the Bar Council 4[or to the office of the Chairman or Vice-Chairman] shall be finally decided;
5* * * * *
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;
1. Subs. by Act 60 of 1973, s. 11, for sub-section (3) (w.e.f. 31-1- 1974).
2. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974).
3. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974).
4. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977).
5. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966).
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1[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial
assistance or giving legal ai d or advice referred to in sub -section (2) of section 6 and sub -section (2) of
section 7;
(gb) organisation of legal aid and advice to the poor, constitution and f unctions of committees and
sub-committees for that purpose and description of proceedings in connection with which legal aid or
advice may be given;]
(h) the summoning and holding o f meetings of the Bar Council, 2*** the conduct of business thereat,
and the number of members necessary to constitute a quorum;
(i) the constitution and functions of any committee of the Bar Council and the term of office of
members of any such committee;
(j) the summoning and holding of meetings, the conduct of business of any such committee, and the
number of members necessary to constitute a quorum;
(k) the qualifications and the conditions of service of the secretary, the accountant and other
employees of the Bar Council;
(l) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.
(3) No rules made under this section by a State Bar Council shall have effect unless they have been
approved by the Bar Council of India.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates .―(1) There shall be two classes of advocates, namely, senior advocates
and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High
Court is of opinion t hat by virtue of his ability, 3[standing at the Bar or special knowledge or experience in
law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council
of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the
appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
4[Provided that where any such senior advocate makes an application before the 31st December, 1965 to
the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as
a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]
17. State Bar Councils to maintain roll of advocates .―(1) Every State Bar Council shall prepare and
maintain a roll of advocates in which shall be entered the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), immediately before the appointed day 5[including persons, being citizens
1. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974).
2. The words “the times and places where such meetings are to be held” omitted by s. 12, ibid. (w.e.f. 31-1-1974).
3. Subs. by s. 13, ibid., for “experience and standing at the Bar” (w.e.f. 31-1-1974).
4. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964).
5. Subs. by Act 60 of 1973, s. 14, for “and who, within the prescribed time” (w.e.f. 31-1-1974).
14
citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act
in any area which before the said date was comprised within India as defined in th e Government of India
Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the
jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under t his
Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior
advocates and the second part, the names of other advocates.
(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this
section shall be in the order of seniority, 1[and, subject to any rule that may be made by the Bar Council of
India in this behalf, such seniority shall be determined] as follows:―
(a) the seniority of an advocate referred to in clause ( a) of sub -section ( 1) shall be determined in
accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926);
(b) the seniority of any person who was a senior advocate o f the Supreme Court immediately before
the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance
with such principles as the Bar Council of India may specify;
2* * * * *
(d) the seniority of an y other person who, on or after the appointed day, is enrolled as a senior
advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as
the case may be.
3[(e) notwithstanding anything contained in clause ( a), the seniority of an attorney enrolled [whether
before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980)] as an advocate
shall be determined in accordance with the date of his enrolment as an attorney.]
(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
18. Transfer of name from one State roll to another .―(1) Notwithstanding anything contained in
section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make
an application in the prescribed form to the Bar Council of India for the transfer of his name from the rol l of
that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the
Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be
removed from the roll of the first m entioned State Bar Council and entered in the roll of the other State Bar
Council and the State Bar Councils concerned shall comply with such direction:
4[Provided that where any such application for transfer is made by a person against whom any disciplinary
proceeding is pending or where for any other reason it appears to the Bar Council of India that the application
for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India
may, after giving the person mak ing the application an opportunity of making a representation in this behalf,
reject the application.]
(2) For the removal of doubts it is hereby declared that where on an application made by an advocate
under sub-section (1), his name is transferred from the roll of one State Bar Council to that of another, he shall
retain the same seniority in the latter roll to which he was entitled in the former roll.
1. Subs. by Act 21 of 1964, s. 9, for “and such seniority shall be determined” (w.e.f. 16-5-1964).
2. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974).
3. Ins. by Act 47 of 1980, s. 2 (29-11-1980).
4. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16-5-1964).
15
19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India .―Every State
Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by
it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations
in and additions to any such roll, as soon as the same have been made.
1[20. Special provision for enrolment of certain Supreme Court advocates .―(1) Notwithstanding
anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme
Court immediately before the appointed day and whose name is not entered in any State roll may, within the
prescribed time, expr ess his intention in the prescribed form to the Bar Council of India for the entry of his
name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the
name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and
the State Bar Council concerned shall comply with such direction.
(2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under
sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of sub -
section (3) of section 17.
(3) Where an advocate referred to in sub -section ( 1) omits or fails to express his intention within the
prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.]
21. Disputes regarding seniority .―(1) Where the date of seniority of two or more persons is the same,
the one senior in age shall be reckoned as senior to the other.
2[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be
referred to the State Bar Council concerned for decision.]
3[22. Certificate of enrolment .―(1) There shall be issued a certificate of enrolment in the prescribed
form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it
under this Act.
(2) Every person whose name is so entered in the State roll shall notify any change in the place of his
permanent rExcerpt shown. Open the full act in Lexace.