Civil Law

Advocate Act 1961

Advocate Act 1961

Bar Council of India: 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 .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, assumes charge of the office. .Provided that every such member shall continue to hold as member of the Bar Council of India until his successor is elected.

Functions of State Bar Councils: (1) The functions of a State Bar Council shall be-(a) to admit persons as advocates on its roll.

Membership in International Bodies: The Bar Council of India may become a member of international legal bodies such as the International Bar Associations or the n International Legal Aid Association, contributes such sums 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.

Senior an 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 that by virtue of his ability 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 interest of the legal profession, prescribe.(4) An advocate of the Supreme Court who was senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate.

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 residence to the State Bar Council concerned within ninety days of such change.

Authority to whom applications for enrolment may be made: An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practice.

Punishment of Advocates for misconduct: (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee.(2) Where an advocate is suspended from practice under clause (c) of sub section (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.(3) Where any notice is issued to the Advocate-General under sub-section (2) the Advocate General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

Application of sections 5 and 12 of Limitation Act, 1963:The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under Section 37 and Section 38.

General power of the Bar Council of India to make rules:The Bar Council of India may make rules for discharging its functions under this Act and in particular, such rules may prescribe.The conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council, including the qualifications or disqualification of voters, and the matter in which an electoral roll of voters may be prepared and revised by a State Bar Council.Qualifications for membership of a Bar Council and the disqualification for such membership.

Special provisions relating to certain disciplinary proceedings:
Notwithstanding anything contained in this Chapter, every advocate who is entitled a of right to practice in the Supreme Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, express 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.

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