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THE ADVOCATES ACT, 1961

ACT NO. 25 OF 1961 · Enacted [19th May, 1961.] · 84 sections

PRELIMINARY

Section 1.Short title, extent and commencement.
Section 2.Definitions.

BAR COUNCILS

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.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.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Section 31.[Repealed.].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.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.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.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.