Amended sec 30 0f advocates act 1961
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
In view of the amendment to sec 30 of Advocates Acts and notification relating to it's implementation, can Advocates appear in proceedings under Industrial Disputes Act 1947 without consent of other side and permission of the court?
R.Ramachandran
(Expert) 21 December 2011
Dear Mr. Jagadish Paranjape,
Section 30 of the Advocates Act, 1961 reads as under:
Subject to provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends, -
(i) In all Courts including the Supreme Court;
(ii) Before any tribunal or person legally authorised to take evidence; and
(iii) Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.
The Notification of Section 30 of the Act, would therefore only enable the Advocate to appear in those Courts and Forums where he he is entitled to practice.
The benefit of the notification of the said section is that even if one is registered with a particular State Bar Council, he can practice in another State. Earlier, unless he got his enrolment transferred to the other State, he could not practice in the new State.
Therefore, since currently the Advocates are not entitled to practice before Industrial Tribunal, Family Court etc., without appropriate prior permission, such restrictions will continue to apply.
Raj Kumar Makkad
(Expert) 21 December 2011
Advocate in Industrial Tribunals can appear only in the capacity of Authorized representative of management or workman as the presence of the advocate is specifically barred under that law.
A special law prevails over general law.
prabhakar singh
(Expert) 22 December 2011
Yes!A special law prevails over general law.
