Bare act of advocate act
Anita Singh
(Querist) 27 March 2012
This query is : Resolved
dear expert
can anybody provide me advocate bare act & lates maharshstra stamp act
V R SHROFF
(Expert) 27 March 2012
ADVOCATES ACT, 1961
An Act to amend and consolidate the law relating to legal
practitioners and to provide for the constitution of the 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
PRELIMNARY
1. Short title, extent and commencement.—(1) This Act may
be called the Advocates Act, 1961.
1[(2) It extends 2to the whole of India.]
(3) It 3[shall, in relation to the territories other than those referred
to in sub-section (4), come into force] on such date4 as the
Central Government may, by notification in the Official Gazette,
appoint, and different dates may be appointed for different
provisions of this Act.
4[(4) This Act shall, in relation to the State of Jammu and
Kashmir 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.—5[(1)] In this Act, unless the context otherwise
1 Substituted by Act 60 of 1973, sec. 2, for sub-section (2) w.e.f.
31.01.1974.
2The Act has been extended to—
The Union territory of Dadra & Nagar Haveli by Regulation 8 of 1963.
The Union territory of Pondicherry by Act 26 of 1968, sec. 3 and Sch.
3 Substituted by Act 60 of 1973, sec. 2, for “shall come into force” w.e.f.
31.01.1974.
4 Inserted by Act 60 of `973, sec 2 w.e.f. 31.01.1974.
5 Sec. 2 renumbered as sub-section (1) of the Sec. 2 thereof by Act 60 of
1973 w.e.f. 31.07.1974.
requires,—
(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] or 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;
1 Clause (c) of Section 2(1) omitted by Act 107 of 1976 w.e.f. 15.10.1976.
2 Clause (f) of Section 2(1) omitted by Act 107 of 1976 w.e.f. 15.10.1976.
3 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4 Substituted by Act 60 of 1973 for the “the High Court of Punjab” w.e.f.
31.07.1974.
5 Substituted by Act 107 of 1976 for “vakil or attorney” w.e.f. 15.10.1976.
(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.
1[(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*,
Daman 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.]
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
CHAPTER II
BAR COUNCILS
3. State Bar Councils.—(1) There shall be a Bar Council—
(a) for each of States of Andhra Pradesh, Bihar, Gujarat,
1[Jammu and Kashmir], 2[Jharkhand] 3[Madhya Pradesh,
Chhattisgarh], 4[***], 5[***], 6[Karnataka], Orissa, Rajasthan
7[Uttar Pradesh and Uttaranchal], to be known as the Bar
Council of that State;
8[(b) for the States of Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland and Tripura to be known as the
Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh;]
(c) for the State of Kerala and 9[the Union territory of
Lakshadweep], to be known as the Bar Council of Kerala;
10[(cc) for the 11[State of Tamil Nadu] and the Union territory of
Pondicherry to be known as the Bar Council of Madras∗;]
12[(ccc) for the States of Maharashtra and Goa, and the Union
territories of Dadra and Nagar Haveli and Daman and Diu, to be
known as the Bar Council of Maharashtra and Goa;]
1 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2 Inserted by Act 30 of 2000 w.e.f. 15.11.2000.
3 Substituted by Act 28 of 2000 for “and Madhya Pradesh” w.e.f.
01.11.2000.
4 The word “Madras” omitted by Act 26 of 1968 w.e.f. 24.05.1968.
5 The word “Maharashtra” omitted by the Dadra and Nagar Haveli (Civil
Courts and Miscellaneous Provisions) Regulations, 1963 (8 of 1963) w.e.f.
01.07.1965.
6 Substituted by the Mysore State (Alteration of Name) (Adaptation of Laws
on Union Subjects) Order, 1974, for “Mysore” w.e.f. 01.11.1973.
7 Substituted by Act 29 of 2000 for “and Uttar Pradesh” w.e.f. 09.11.2000.
8 Substituted by Act 69 of 1986 for clause (b) w.e.f. 24-12-1986.
9 Substituted by Act 34 of 1973 for “the Union territory of the Laccadive,
Minicoy and Amindivi Islands” w.e.f. 01.11.1973.
10 Ins. by Act 26 of 1968, sec. 3 and Sch.—Part I (w.e.f. 26-5-1968).
11
∗ Currently Bar Council of Tamil Nadu.
12 Substituted by Act 18 of 1987 for clause (ccc) w.e.f. 30.05.1987.
1[(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 2[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 3[in the case of the
State Bar Council of Assam, Nagaland, Meghalaya, Manipur and
Tripura, the Advocate General of each of the State of Assam,
Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the
case of the State Bar Council of Punjab and Haryana, the
Advocate-General of each of the State of Punjab and Haryana, ex
officio;] and in the case of any other State Bar Council, the
Advocate-General of the State, ex officio;
4[(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 members, and in the case of the
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 electoral roll of the State Bar
Council:]
5[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
1 Subs. by Act 53 of 1970 for clause (d) w.e.f. 25.01.1971.
2 Subs. by Act 81 of 1971 for “Union Territories of Tripura and the Andaman
and Nicobar Islands” w.e.f. 21.01.1972.
3 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
4 Substituted by Act 60 of 1973 for clause (b) w.e.f. 31.01.1974.
5 Substituted by Act 38 of 1977 for sub-section (3) w.e.f. 13.09.1976.
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[(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 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 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 charge of the office.]
2[(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 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.]
3[(6) Nothing in clause (b) of sub-section (2) shall affect 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 provision of
1 Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
2 Substituted by Act 38 of 1977 for sub-section (3) w.r.e.f. 31.10.1977.
3 Inserted by Act 60 of 1973 w.e.f. 31.01.974.
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;
1[***]
(c) one member elected by each State Bar Council from
amongst its members.
2[(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.]
3[(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 (Amendments) Act, 1977 (38 of 1977), assumes charge
of the office.]
4[(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
1 Clause (bb) omitted by Act 38 of 1977 w.r.e.f. 31.10.1977.
2 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
3 Substituted by Act 38 of 1977 for sub-sections (2) and (2A) w.r.e.f.
31.10.1977.
4 Inserted by Act 21 of 1964 w.e.f. 16.05.1964.
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 moveable and
immovable, and to contract, and may by 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;
1[(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 clause (a)
of sub-section (2) of section 7;]
(e) to promote and support law reform;
2[(ee) to conduct seminars and organise talks on legal topics
by eminent jurists and publish journals and paper 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;
1 Inserted by Act 70 of 1993 w.e.f. 26.12.1993
2 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
1[(gg) to visit and inspect Universities 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.
2[(2) A State Bar Council may constitute one or more funds in the
prescribed manner for the purpose 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.]]
4[(3) A State Bar Council may receive any grants, donations, gifts
or benefactions for all or any of the purposes specified in subsection
(2) which shall be credited to the appropriate fund or
funds constituted under that sub-section.]
7. Functions of Bar Council of India.—5[(1)] The functions of
the Bar Council of India shall be—
6[***]
(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;
.... search further words...................
Shonee Kapoor
(Expert) 27 March 2012
Nothing left.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
