5. No advocate shall be qualified to be registered as an advocate on record2[four] years on the date of
of the Advocates-on-Record Examination he shall continue to be so
eligible to sit in any subsequent examination;]
Provided however, if any candidate has earlier appeared in any
approved by the Court, and has thereafter passed such tests as may
be held by the Court for advocates who apply to be registered as
advocates on record particulars whereof shall be notified in the Official
Gazette from time to time provided however that-
(a) an attorney shall be exempted from such training and test; and
(ii) he has undergone training for one year with an advocate on record
Society shall be exempted from such training and test if his/her name
is, and has been borne on the roll of State Bar Council for the period
(aa) a solicitor on the rolls of the Bombay Incorporated Law
for the period not less than seven years on the date of making the application
for registration as an advocate-on-record;]
(b) the Chief Justice may, in appropriate cases, grant exemption-
(1) from the requirement of training under this clause in the case of
an advocate, whose name is borne on the roll of any State Bar
Council and has been borne on such roll for a period of not less than
1
[ten] years:
2
(b) (1) of Order IV, by the Supreme Court (First Amendment) Rules,
1988 shall be applicable to the Advocates who are enrolled with a
State Bar Council on or after 30-7-1988 when the aforesaid
amendment came into force;] and
(2) from the requirement of clause (i) and from training under this
clause in the case of an advocate having special knowledge or
experience in law.
(iii) he has an office in Delhi within a radius of 16 kilometers from the
Court House and gives an undertaking to employ, within one month
of his being registered as advocate on record, a registered clerk; and
(iv) he pays a registration fee of twenty-five rupees.]
[Provided however that the amendments made in rule 5(i) and 5(ii)
3
turpitude shall not be eligible, unless the said conviction has been
stayed or suspended by any Court, to appear in the tests referred to
in clause (ii) of rule 5, on and from the date of such conviction and
thereafter for a period of two years with effect from the date he has
served out the sentence, or has paid the fine imposed on him, or has
served out the sentence and paid the fine imposed on him, as the
case may be:
[5A. (1) An advocate who has been convicted of an offence involving moralProvided that the Chief Justice may, if he thinks fit so to do, relax the provisions
of this rule in any particular case or cases.
(2) Nothing in clause (i) shall apply to an advocate who has been released on
probation of good conduct or after due admonition and no penalty has been imposed
thereafter in the manner provided under the provisions of the Probation of Offenders
Act, 1958 (20 of 1958) or under section 360 of the Code of Criminal Procedure,
1973 (2 of 1974).]
unless: -
(i) his name is, and has been borne on the roll of any State Bar Council
for a period of not less than
commencement of his training as provided hereinafter: