Bare Acts

The Advocates Act, 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.

अधिवक्‍ता अधिनियम, 1961

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Act Details

Act Number:

Act Year:

1961

Location:

Enactment Date:

5/19/1961

Enforcement Date:

16-08-1961

Ministry:

Ministry of Law and Justice

Department:

Department of Legal Affairs

Full List of Sections

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions.

BAR COUNCILS

Section 3 to Section 15

Section 3

State Bar Councils.

Section 4

Bar Council of India.

Section 5

Bar Council to be body corporate.

Section 6

Functions of State Bar Councils.

Section 7

Functions of Bar Council of India.

Section 7A

Membership in international bodies.

Section 8

Term of office of members of State Bar Council.

Section 8A

Constitution of special Committee in the absence of election.

Section 9

Disciplinary committees.

Section 9A

Constitution of legal aid committees.

Section 10

Constitution of committees other than disciplinary committees.

Section 10A

Transaction of business by Bar Councils and committees thereof.

Section 10B

Disqualification of members of Bar Council.

Section 11

Staff of Bar Council.

Section 12

Accounts and audit.

Section 13

Vacancies in Bar Council and committees thereof not to invalidate action taken.

Section 14

Election to Bar Councils not to be questioned on certain grounds.

Section 15

Power to make rules.

ADMISSION AND ENROLMENT OF ADVOCATES

Section 16 to Section 28

Section 16

Senior and other advocates.

Section 17

State Bar Councils to maintain roll of advocates.

Section 18

Transfer of name from one State roll to another.

Section 19

State Bar Councils to send copies of rolls of advocates to the Bar Council of India.

Section 20

Special provision for enrolment of certain Supreme Court advocates.

Section 21

Disputes regarding seniority.

Section 22

Certificate of enrolment.

Section 23

Right of pre-audience.

Section 24

Persons who may be admitted as advocates on a State roll.

Section 24A

Disqualification for enrolment.

Section 25

Authority to whom applications for enrolment may be made.

Section 26

Disposal of applications for admission as an advocate.

Section 26A

Power to remove names from roll.

Section 27

Application once refused not to be entertained by another Bar Council except in certain circumstances.

Section 28

Power to make rules.

RIGHT TO PRACTISE

Section 29 to Section 34

Section 29

Advocates to be the only recognised class of persons entitled to practise law.

Section 30

Right of advocates to practise.

Section 31

[Repealed.].

Section 32

Power of court to permit appearances in particular cases.

Section 33

Advocates alone entitled to practise.

Section 34

Power of High Courts to make rules.

CONDUCT OF ADVOCATES

Section 35 to Section 44

Section 35

Punishment of advocates for misconduct.

Section 36

Disciplinary powers of Bar Council of India.

Section 36A

Changes in constitution of disciplinary committees.

Section 36B

Disposal of disciplinary proceedings.

Section 37

Appeal to the Bar Council of India.

Section 38

Appeal to the Supreme Court.

Section 39

Application of sections 5 and 12 of Limitation Act, 1963.

Section 40

Stay of order.

Section 41

Alteration in roll of advocates.

Section 42

Powers of disciplinary committee.

Section 42A

Powers of Bar Council of India and other committees.

Section 43

Cost of proceedings before a disciplinary committees.

Section 44

Review of orders by disciplinary committee.

MISCELLANEOUS

Section 45 to Section 52

Section 45

Penalty for persons illegally practising in courts and before other authorities.

Section 46

[Repealed.].

Section 46A

Financial assistance to State Bar Council.

Section 47

Reciprocity.

Section 48

Indemnity against legal proceedings.

Section 48A

Power of revision.

Section 48AA

Review.

Section 48B

Power to give directions.

Section 49

General power of the Bar Council of India to make rules.

Section 49A

Power of Central Government to make rules.

Section 50

Repeal of certain enactments.

Section 51

Rule of construction.

Section 52

Saving.

TEMPORARY AND TRANSITIONAL PROVISIONS

Section 53 to Section 60

Section 53

Elections to first State Bar Council.

Section 54

Term of office of members of first State Bar Councils.

Section 55

Rights of certain existing legal practitioners not affected.

Section 56

Dissolution of existing Bar Councils.

Section 57

Power to make rules pending the constitution of a Bar Council.

Section 58

Special provisions during the transitional period.

Section 58A

Special provisions with respect to certain advocates.

Section 58AA

Special provisions in relation to the Union territory of Pondicherry.

Section 58AB

Special provisions with respect to certain persons enrolled by Mysore State Bar Council.

Section 58AC

Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.

Section 58AD

Special provisions with respect to certain persons migrating to India.

Section 58AE

Special provisions in relation to the Union territory of Goa, Daman and Diu.

Section 58AF

Special provisions in relation to Jammu and Kashmir.

Section 58AG

Special provisions in relation to articled clerks.

Section 58B

Special provision relating to certain disciplinary proceedings.

Section 59

Removal of difficulties.

Section 60

Power of Central Government to make rules.