Advocates Act, 1961

56 sections.

Official Hindi (PDF) ↗

• Section 1 — Short title, extent and commencement.―(1) This Act may be called the Advocates Act, 1961
• Section 2 — Definitions.―6[(1)] In this Act, unless the context otherwise requires,―
• Section 3 — The provisions of the Act have been brought into force as under:― 16th August, 1961, vide notification No
• Section 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
• Section 5 — Bar Council to be body corporate.―Every Bar Council shall be a body corporate having perpetual succession and a common s
• Section 6 — Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s
• Section 7 — Sub-section (2) omitted by s
• Section 8A — Constitution of Special Committee in the absence of election.―(1) Where a State Bar Council fails to provide for the ele
• Section 9 — Sub-section (4) omitted by Act 107 of 1976, s
• Section 10 — Constitution of committees other than disciplinary committees.―(1) A State Bar Council shall constitute the following st
• Section 11 — Staff of Bar Council.―(1) Every Bar Council shall appoint a secretary and may appoint an accountant and such number of o
• Section 12 — Accounts and Audit.―(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such fo
• Section 13 — Vacancies in Bar Council and committees thereof not to invalidate action taken.―No act done by a Bar Council or any comm
• Section 14 — Election to Bar Councils not to be questioned on certain grounds.― No election of a member to a Bar Council shall be cal
• Section 15 — Power to make rules.―(1) A Bar Council may make rules to carry out the purposes of this Chapter
• Section 16 — Senior and other advocates.―(1) There shall be two classes of advocates, namely, senior advocates and other advocates
• Section 17 — State Bar Councils to maintain roll of advocates.―(1) Every State Bar Council shall prepare and maintain a roll of advoc
• Section 18 — Transfer of name from one State roll to another.―(1) Notwithstanding anything contained in section 17, any person whose
• Section 19 — State Bar Councils to send copies of rolls of advocates to the Bar Council of India.―Every State Bar Council shall send
• Section 21 — Disputes regarding seniority.―(1) Where the date of seniority of two or more persons is the same, the one senior in age
• Section 23 — Right of pre-audience.―(1) The Attorney-General of India shall have pre-audience over all other advocates
• Section 24 — Persons who may be admitted as advocates on a State roll.―(1) Subject to the provisions of this Act, and the rules made
• Section 25 — Authority to whom applications for enrolment may be made.―An application for admission as an advocate shall be made in t
• Section 26 — Disposal of applications for admission as an advocate.―(1) A State Bar Council shall refer every application for admissi
• Section 27 — Application once refused not to be entertained by another Bar Council except in certain circumstances.―Where a State Bar
• Section 28 — Power to make rules.―(1) A State Bar Council may make rules to carry out the purposes of this Chapter.
• Section 29 — Advocates to be the only recognised class of persons entitled to practise law.―Subject to the provisions of this Act and
• Section 30 — Right of advocates to practise.―Subject to the provisions of this Act, every advocate whose name is entered in the 3[Sta
• Section 32 — Power of court to permit appearances in particular cases.―Notwithstanding anything contained in this Chapter, any court,
• Section 33 — Advocates alone entitled to practise.―Except as otherwise provided in this Act or in any other law for the time being in
• Section 34 — Power of High Courts to make rules.―(1) The High Court may make rules laying down the conditions subject to which an adv
• Section 35 — Punishment of advocates for misconduct.―(1) Where on receipt of a complaint or otherwise a State Bar Council has reason
• Section 36B — Disposal of disciplinary proceedings.―(1) The disciplinary committee of a State Bar Council shall dispose of the complai
• Section 36 — Disciplinary powers of Bar Council of India.―(1) Where on receipt of a complaint or otherwise the Bar Council of India h
• Section 37 — Appeal to the Bar Council of India.―(1) Any person aggrieved by an order of the disciplinary committee of a State Bar Co
• Section 38 — Appeal to the Supreme Court.―Any person aggrieved by an order made by the disciplinary committee of the Bar Council of I
• Section 40 — Stay of order.―3[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed
• Section 41 — Alteration in roll of advocates.―(1) Where an order is made under this Chapter reprimanding or suspending an advocate, a
• Section 42 — Powers of disciplinary committee.―(1) The disciplinary committee of a Bar Council shall have the same powers as are vest
• Section 43 — Cost of proceedings before a disciplinary committees.― The disciplinary committee of a Bar Council may make such order a
• Section 44 — Review of orders by disciplinary committee.― The disciplinary committee of a Bar Council may of its own motion or otherw
• Section 45 — Penalty for persons illegally practising in courts and before other authorities.―Any person who practises in any court o
• Section 47 — Reciprocity.―(1) Where any country, specified by the Central Government in this behalf by notification in the Official G
• Section 48B — Power to give directions.―(1) For the proper and efficient discharge of the functions of a State Bar Council or any comm
• Section 48 — Indemnity against legal proceedings.―No suit or other legal proceeding shall lie against any Bar Council or any committe
• Section 49 — General power of the Bar Council of India to make rules.― 1[(1)] The Bar Council of India may make rules for discharging
• Section 50 — Repeal of certain enactments.―(1) On the date on which a State Bar Council is constituted under this Act, the provisions
• Section 51 — Rule of construction.―On and from the appointed day, references in any enactment to an advocate enrolled by a High Court
• Section 52 — Saving.―Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules under article 145 of
• Section 53 — Elections to first State Bar Council.―Notwithstanding anything contained in this Act, the elected members of a State Bar
• Section 54 — Term of office of members of first State Bar Councils.―Notwithstanding anything contained in this Act, the term of offic
• Section 55 — Rights of certain existing legal practitioners not affected.―Notwithstanding anything contained in this Act.
• Section 56 — Dissolution of existing Bar Councils.―(1) On the constitution under this Act of a State Bar Council, other than the Bar
• Section 57 — Power to make rules pending the constitution of a Bar Council.―Until a Bar Council is constituted under this Act, the po
• Section 58B — Special provision relating to certain disciplinary proceedings.―(1) As from the 1st day of September, 1963, every procee
• Section 59 — Removal of difficulties.―(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in re