ADVOCATES ACT

Chapter 1 Section Short title, extent, and This section states that the Act shall be called The
Preliminary 1 commence Advocates Act. 1961. It extends to the whole of
India.
Section Definitions The section lays out various definitions as
2 follows:

• Advocate � advocate entered in any roll

under the provision of this Act
• Appointed day � means the day on which
that the provision came into force,
• Bar Council � Bar Council constituted
under this Act,
• Bar Council of India � Bar Council
constituted under section 4 for the
territories to which this Act extends,
• Law Graduate � a person who has
obtained a bachelor�s degree in law from
any university established in India
• Legal Practitioner � an advocate of any
High Court, a pleader, a mukhtar, or
revenue agent,
• Prescribed � prescribed rules made under
this Act,
• Roll � roll of advocates prepared and
maintained under this act
• State � does not include a union territory,
• State Bar Council � Bar Council
constituted under section 3,
• State Roll � roll of advocates prepared
and maintained by a State Bar Council
under section 17.
Section State Bar Councils For the respective States, there shall be a State
3 Bar Council k/a the Bar Council of that State.

1. The States are - Andhra Pradesh, Bihar,

Gujarat, J&K, Jharkhand, Madhya
Chapter 2 Bar Pradesh, Chhattisgarh, Karnataka, Orissa,
Councils Rajasthan, Uttar Pradesh, Uttaranchal,
Meghalaya, Manipur, Tripura
2. For the states of Arunachal Pradesh,
Assam, Mizoram, and Nagaland, to be
known as Bar Council of the respective
 states,
3. Kerala + Union Territory of Lakshadweep
= Bar Council of Kerala,
4. Tamil Nadu + Union Territory of
Pondicherry = Bar Council of Madras,
5. Maharashtra + Goa + Union Territory of
Daman and Diu and Dadra and Nagar
Haveli = Bar Council of Maharashtra and
Goa,
6. Punjab + Haryana + Union Territory of
Chandigarh = Bar Council of Punjab and
Haryana,
7. West Bengal + Union Territory of
Andaman and Nicobar Islands = Bar
Council of West Bengal,
8. Union Territory of Delhi = Bar Council of
Delhi.
Members of the State Bar Council:

1. Delhi � Additional Solicitor General of

India, ex-officio
2. Assam, Arunachal Pradesh, Mizoram,
Nagaland � Advocate General of each
State, ex-officio,
3. Punjab. Haryana � Advocate General of
each State, ex-officio,
4. Other State Bar Councils � Advocate
General of the State, ex-officio.
State Bar Council with an electorate:

1. 5,000 � 15 members elected,

2. 5,001-10,000 � 20 members elected,
3. 10,001 � 25 members elected.
Members are elected on the basis of voting by
casting a single transferable vote by the
advocates.

� of these elected members be the person who

has at least 10 years of experience in being an
advocate. 10 years should include the time frame
where the advocate has been enrolled under the
Indian Bar Council Act, 1926.
 
There shall be a Chairman and a Vice-Chairman
of each State Bar Council.
 A person shall cease to hold office as a Chairman
or Vice-Chairman of any State Bar Council
immediately before the commencement of
Advocates (Amendment) Act, 1977. A person
shall continue to hold office as a Chairman or
Vice-Chairman of any State Bar Council until and
unless a new Chairman or Vice-Chairman has
been appointed.
 
A person can be disqualified from voting at an
election or for being chosen as the one to get
elected, and for being the member of the State
Bar Council, if he fails to possess the necessary
qualifications prescribed by the Bar Council of
India.
 
After the commencement of the Advocates
(Amendment) Act, 1964, every election shall be
conducted in accordance with the provisions of
the rule made by the Bar Council of India.
 
Nothing will affect the representation of the
members elected in any State Bar Council
constituted before the commencement of the
Advocates (Amendment) Act, 1973, until that
State Bar Council, is reconstituted in accordance
with the provisions of this Act.
Section Bar Council of India There shall be a Bar Council of India consisting
4 of the following persons:

1. Attorney General of India, ex officio

2. Solicitor General of India, ex officio,
3. One member elected by each State Bar
Council from amongst its members.
A person cannot be elected if he does not possess
the qualification mentioned in sub-section (2) of
section 3.
 
There shall be a Chairman and Vice-Chairman of
the BCI as elected by the Council.
 
A person shall cease to hold office as a Chairman
or Vice-Chairman of any State Bar Council
immediately before the commencement of
Advocates (Amendment) Act, 1977. A person
shall continue to hold office as a Chairman or
Vice-Chairman of any State Bar Council until and
unless a new Chairman or Vice-Chairman has
been appointed.
 
Members elected by the State Bar Council shall
 hold office, ex-officio, for a period of 2 years
from the date of their election, or till he ceases to
be an officer, whichever is earlier. Others hold the
office till the successor has been elected by the
State Bar Council.
Section Bar Council to be body Bar Council is a corporative entity and acts as an
5 corporate. artificial person. It can:

1. Have perpetual succession

2. Have a seal,
3. Power to acquire and hold property,
(movable and immovable)
4. Can enter into contracts,
5. Can sue and can be sued.
Section Functions of State Bar Functions of the State Bar Council:
6 Councils
1. Admit persons as advocates on its roll
2. Prepare and maintain such roll,
3. Entertain and determine cases of
misconduct against the advocates,
4. Safeguard the rights, privileges, and
interests of advocates on its roll,
5. Promote the growth of Bar Association,
6. Promote and support of law reforms,
7. Conduct seminars and organize talks on
legal topics by eminent jurists and publish
journals
8. Organize legal aid to the poor in the
prescribed manner,
9. Manage and invest the funds of the Bar
Council,
10.Election for its members,
11.Visit and inspect universities in
accordance with the direction given under
clause (i) of sub-section (1) of section 7,
12.Perform all other functions conferred by it
by or under this Act,
13.Do all other necessary things for
discharging the aforesaid functions.
State Bar Council may constitute one or more
funds for the purpose of:
 1. Financial assistance to provide welfare
schemes,
2. Giving legal aid or advice,
3. Establishing libraries related to law.
State Bar Council may receive donations, grants,
gifts, or beneficiaries and these shall be credited
to appropriate funds.
Section Bar Council of India Functions of the Bar Council of India
7
1. Lay down standards of professional
conduct and etiquette for advocate
2. Lay down the procedure to be followed by
its disciplinary committee and the
disciplinary committee of each State Bar
Council,
3. Safeguard the rights, privileges, and
interests of advocates,
4. Promote the growth of Bar Association,
5. Promote and support of law reforms,
6. Exercise general supervision and control
over the State Bar Council,
7. Promote legal education and lay down
standards of legal education
8. Recognize universities whose degree in
law shall be a qualification for enrollment
as an advocate,
9. Visit and inspect universities,
10.Manage and invest funds of the Bar
Council
11.Provide for the election of its members,
12.Conduct seminars and organize talks on
legal topics by eminent jurists and publish
journals,
13.Organize legal aid to the poor in the
prescribed manner,
14.Perform all other functions conferred by it
by or under this Act,
15.Do all other necessary things for
discharging the aforesaid functions.
Bar Council of India may constitute one or more
funds for the purpose of:
 1. Financial assistance to provide welfare
schemes
2. Giving legal aid or advice,
3. Establishing libraries related to law.
Bar Council of India may receive donations,
grants, gifts, or beneficiaries and these shall be
credited to appropriate funds.
Section Membership in The Bar Council of India has the power to
7A international bodies become a member of the International bodies. Bar
Council of India is a member of the International
Bar Association or the International Legal Aid
Association
Section Term of office of A member is elected for a term of 5 years from
8 members of the State the date of publication of his election results.
Bar Council If the State Bar Council fails to conduct elections
and elect a new member before the expiration of
the term of office of the current member, then it
can extend the term of office of the current
member for not more than 6 months.
Section Constitution of special In case the State Bar Council fails to conduct
8A committee in the elections or elect a new member before the expiry
absence of election of the term of the current member or the term
continued after given the extension, then, it can
constitute a special committee consisting of the
following members to discharge the functions of
State Bar Council until it is constituted. The
members are:

1. Ex-officio member of the State Bar

Council � to be the Chairman. If there
are more than one ex-officio members,
then the member is chosen on the basis of
the ageism factor, i.e., the senior-most
person shall be chosen as the chairman,
2. 2 members are nominated by the Bar
Council of India amongst the advocates on
the electoral roll of the State Bar Council.
On the constitution of the Special Committee and
until the State Bar Council is constituted:

1. All legal properties and assets of the State

Bar Council are vested in the Special
Committee
2. Rights, liabilities and obligations of the
State Bar Council are vested in the Special
Committee,
3. Proceedings pending before the State Bar
Council stands transferred to the Special
 Committee.
The Special Committee is deemed to hold
elections of the State Bar Council within a period
of 6 months from the date of its constitution. If it
fails to do so, then the Bar Council of India may
extend the period.
Section Disciplinary Bar Council shall constitute 1 or more
9 committees disciplinary committees. Each committee shall
consist of 3 persons:

1. 2 of them elected by the Council from

among its members.
2. Others co-opted by the council from its
advocates who possess the required
qualifications,
3. Senior most advocate amongst the
members becomes the chairman.
Disciplinary committee set up before the
commencement of the Advocates (Amendment)
Act, 1964 can dispose off all the pending
proceedings before it.
Section Constitution of legal Bar Council can set up one or more legal aid
9A aid committees committees. The members should not be less than
5 and not more than 9.
Method of selection of the legal aid, members
will be such as prescribed.
Section Constitution of State Bar Council can establish and constitute the
10 committees other than following committees:
disciplinary committees
1. EXECUTIVE COMMITTEE �
consisting of 5 members, elected by the
council from amongst its members
2. ENROLMENT COMMITTEE �
consisting of 3 members, elected by the
council from amongst its members.
Bar Council of India can establish and constitute
the following committees:

1. EXECUTIVE COMMITTEE �
consisting of 9 members, elected by the
council from amongst its members,
2. LEGAL EDUCATION COMMITTEE �
consisting of 10 members, 5 persons
elected by the council from amongst its
members and the rest 5 persons co-opted
by the council who are not members
thereof.
State Bar Council and the Bar Council of India
 can together constitute any committee as it may
deem fit.
Section Transaction of business Bar Council of India shall meet at New Delhi or
10A by Bar Councils and any other place as determined.
committees thereof State Bar Council shall meet at its headquarters or
any such place as determined.
Other committees except for the Disciplinary
Committee shall meet at the headquarters of the
respective Bar Councils.
Every Bar Council and every committee except
for the Disciplinary Committee observes a rule of
procedure in relation to the transaction of
business at their meetings.
Disciplinary Committee constituted under Section
9 shall meet at time and place for their business as
prescribed.
Section Disqualification of Elected member of the Bar Council is said to
10B members of bar have either vacated his office/disqualified, if:
Council
1. He is absent from the meetings for three
consecutive times without giving a
sufficient and a reasonable cause
2. His name is removed from the roll of
advocates,
3. He is disqualified by the Bar Council of
India directly.
Section Staff of Bar Council Bar Councils can appoint Secretary, Accountant
11 or any number of other persons as it may deem
fit/necessary. They will be selected on the basis of
the possession of their qualifications as
prescribed.
Section Accounts and Audits Bar Councils need to maintain books of accounts
12 and other important books.
The auditors/accountants to audit should be duly
qualified to act, as per the Companies Act, 1956.
State Bar Councils shall send a copy of their
accounts/audits to the Bar Council of India at the
end of each financial year but not exceeding the
time limit of 31st December of the year next
following and get it published in the official
gazette.
The Bar Council of India shall send a copy of its
accounts/audits to the Central Government of
India at the end of each financial year but not
exceeding the time limit of 31st December of the
year next following and get it published in the
official gazette.
Section Vacancies in Bar A Bar Council cannot be questioned of its actions
13 Councils and taken if there is an vacancy in, or, any defect in
Committees thereof not the constitution of the Council, Committee or as
to invalidate the actions the case may require.
 taken
Section Elections to Bar Election of a member cannot be called in question
14 Councils not to be on the grounds of discrepancy arising out of the
questioned on certain voting procedure/ persons casting the votes, if the
grounds notice date has not less than 30 days before
getting published in the official gazette.
Section Power to make rules Bar Council makes various rules. Such rules are
15 made for the purpose of

1. Election of the members of the Bar

Council by a secret ballot system. They
also have the right to vote by using postal
ballots
2. Manner of the election of the Chairman or
Vice-Chairman,
3. Manner in which the authority settles
disputes and doubts,
4. Filling the casual vacancies in the Bar
Council,
5. Power and duties of the Chairman and
Vice-Chairman
6. Constitution and setup of one or more
funds by Bar Council,
7. Organization of legal aid and advice for
the poor,
8. Summoning and holding of meetings of
the Bar Council, conduct of the business
and evaluation of how many members
required,
9. Constitution and function of any
committee of the Bar Council
10.Summoning and holding of meetings of
these committees, conduct of the business
and evaluation of how many members
required,
11.Qualifications and conditions of the
secretary, accountant or any other persons,
12.Maintenance of books of accounts and
other essential books,
13.Appointment of auditors and audit of the
accounts of the Bar Council,
14.Management and investment of the funds
of the Bar Council.
Chapter 3 Section Senior and other Mainly there are two classes of advocates:
Admission and 16 advocates
enrolment of 1. Senior,
advocates
2. Other.
If the Supreme Court or the High Court is of the
view that the concerned advocate possesses the
necessary skills and qualification, special
knowledge or experience in law.
Senior advocates are subject to certain restrictions
in the interest of the legal profession.
An advocate of the Supreme Court who already
was a senior advocate of that court immediately
before the appointment, shall be a senior
advocate.
Section State bar councils to Every State Bar Council shall prepare and
17 maintain roll of maintain a roll of Advocates. It shall contain two
advocates parts. First part containing the list of Senior
Advocates and the second part containing the
other Advocates.
In the Advocates roll, the following details should
be mentioned. The name, Date of Birth,
Permanent address, details about his education,
the place where he is interested to practice etc.
When more than one Advocate is enrolled in a
single day, based on their seniority in age their
name will be entered in the order. Seniority is
determined based on:

1. Enrolment under Indian Bar Councils Act,

1926
2. Senior advocate in the Supreme Court
before the appointed day on the State Roll,
3. Seniority of any other person, who, on or
after the appointed day, is enrolled as a
senior advocate shall be determined by the
date of enrolment.
A person cannot enroll himself as an Advocate in
more than one Bar Council.
Section Transfer of name from A person whose name is registered in one state
18 one state roll to another Roll can transfer his name in other State Roll on
genuine grounds by an application to the Bar
Council of India. The person is not required to
pay any fees or so for getting a transfer. If there is
no genuine reason for transfer or any disciplinary
proceedings are pending against him then transfer
application will be rejected.
Section State Bar Councils to The State Bar Council should send an
19 send copies of rolls of authenticated copy of the Advocates Roll to the
advocates to the Bar Bar Council of India, whenever the new
Council of India Advocates are included or names are removed
from the roll (any alterations are made).
Section Special provisions for An advocate can get his name enlisted in a state
20 enrolment of certain roll by expressing his intention to the Bar Council
Supreme Court of India. The Bar Council of India shall direct his
advocates entry without asking for any payment of the fees.
The State Bar Council to which the name has
been referred shall comply with the Bar Council
of India�s decision.

This is done based on seniority. The senior-most

judge gets preferred and enlisted first.
If an advocate fails to express his intention within
the prescribed time, then his entry shall be made
in the state roll of the State Bar Council of Delhi.
Section Disputes regarding When the seniority of two judges is the same,
21 seniority then the one senior in age shall be recognized as
senior. Further, if any dispute arises, it can be
referred to the concerned State Bar Council.
Section Certificate of A certificate shall be issued for the enrolment in
22 enrolment the prescribed form by the State Bar Council to
every person whose name is enlisted.

Any change in the place of permanent residence

of such person shall be notified to the concerned
State Bar Council within 90 days.
Section Right of pre-audience Attorney General of India, Solicitor General of
23 India, Additional Solicitor General of India,
second Additional Solicitor General of India,
Advocate General of any State, senior advocates,
and finally other advocates shall have pre
audience towards all other advocates.
They are subject to the seniority basis. The senior
advocates shall have pre-audience over other
advocates.
 
Right of pre-audience means the right to be heard
before the other advocate if heard.
Section Persons who may be The section states that subject to the provisions of
24 admitted as advocates this Act, and the rules made thereunder, a person
on a State Roll shall be qualified to be admitted as an advocate
on a State roll, if he fulfills the following
conditions:

1. He is a citizen of India, although a

national of any other country may be
admitted as an advocate on a State roll, if
citizens of India, duly qualified, are
permitted to practice law in that other
country, subject to other restrictions
2. He has completed the age of twenty-one
years,
3. He has obtained a degree in law after the
12th March, 1967, after undergoing a
 three years course of study in law from
any University in India which is
recognized for the purposes of the
Advocates Act by the Bar Council of
India. In some cases, a lawyer who has
obtained a degree from any University
outside the territory of India, if the degree
is recognized for the purpose of this Act
by the Bar Council of India, he may be
admitted,
4. He fulfills such other conditions as may be
specified in the rules made by the State
Bar Council under this Chapter,
5. A person who has been an advocate, a
vakil, a mukhtar, or a pleader for 3 years,
or was entitled to be enrolled under any
law as an advocate of a high court,
6. A person was entitled as an advocate to
practice law at any time before
1st December, 1961,
7. He is entitled to be listed as an advocate
under any rule made by the Bar Council of
India.
The Council�s Enrolment Committee may
scrutinize a candidate�s application. Those
admitted as advocates by any State Bar Council
are eligible for a Certificate of Enrolment.

All applicants for enrolment as advocates are

required under Section 24 (1) (f) of the Advocates
Act, 1961 to pay an enrolment fee of Rs.600/-
(Rupees Six hundred only) to the respective State
Bar Council and Rs.150/- (Rupees One hundred
Fifty only) to the Bar Council of India. These
payments should be made using separate demand
drafts.

An advocate, a vakil, or a pleader who is a law

graduate may be admitted in the state roll if:

1. Makes an application for enrolment,

2. Fulfill the conditions as listed above.
Section Disqualifications for An advocate shall be disqualified on the basis of:
24A enrolment
1. Conviction of an offense involving moral
turpitude,
2. Conviction of an offense under the
provisions of Untouchability (Offences)
 Act, 1955,
3. Dismissal or removal from employment or
office involving moral turpitude.
The disqualification for enrollment ceases
to have effect after 2 years have elapsed
since the advocate�s release, dismissal,
or removal.
Nothing in this section applies to a person who is
found guilty and is dealt with under the
provisions of the Probation of Offenders Act,
1958.
 
Section Authority to whom An application has to be submitted to the
25 applications for concerned State Bar Council in whose jurisdiction
enrolment may be the advocate is willing to practice.
made
Section Disposal of State Bar Council has the authority to dispose off
26 applications for any application in the prescribed manner. If the
admission as an Bar Council of India is satisfied about the fact
advocate that an advocate got his name enrolled on the
grounds of misrepresentation, fraud, undue
influence then it can remove his name from the
roll.
If the enrollment committee refuses the
application of an advocate, it has to report it to
the Bar Council of India. When the enrollment
committee of a State Bar Council has refused and
denied the application of an advocate, it has to
report the same to other Bar Councils stating the
reasons for dismissal along with the name,
address, and qualification.
Section Power to remove The State Bar Council has the authority to remove
26A names from roll an advocate�s name from the roll if he is dead or
places a request for the same.
Section Application once When application of an advocate is refused by
27 refused not to be one State Bar Council, no other State Bar Council
entertained by another can entertain the application for the admission of
Bar Council except in the concerned person on its roll until and unless a
certain circumstances previous consent is acquired from both the State
Bar Council which refused the application and the
Bar Council of India.
Section Power to make rules A State Bar Council makes rules without
28 prejudice for:

1. Time and form in which an advocate

expresses his intention for the entry of his
name in a State Bar Council
2. Conditions subject to which a person may
be admitted as an advocate on any such
roll,
 3. Installment in which the enrollment fee
may be paid.
Section Advocates to be the Subject to the rules and provisions of this act,
29 only recognized class there are only one class of persons entitled to
of persons entitled to practice law, i.e., advocates.
practice law
Section Rights of advocates to The advocates are enriched with the following
30 practice right to practice:

1. In all courts including the Supreme Court,

2. Before any tribunal or person who is
legally authorized to take pieces of
evidence,
3. Before any other authority or person
before whom such advocate is by or under
Chapter 4 any law for the time being in force entitled
Right to to practice.
practice
Section Special provisions for OMITTED
31 attorneys
Section Power of court to Any court, authority, person may permit any
32 permit appearances inperson as required who is not enrolled as an
particular cases advocate to appear before the court or him in any
particular case.
Section Advocates alone No person on or after the appointed day is entitled
33 entitled to practice to practice in any other court or authority or
person unless he is enrolled as an advocate under
this act.
Section Power of High Court to The High Court has the authority make rules
34 make rules related to the permittance of practice in the High
Court or any other subordinate court. High Court
can make rules related to taxation or fees payable.
Chapter 5 Section Punishment of A person is found guilty of professional
Right to 35 advocates for misconduct; it shall refer the case to a disciplinary
practice misconduct committee, shall fix a date of hearing and issue a
show-cause notice to the Advocate and the
Advocate General of the State. The disciplinary
committee of the State Bar Council, after being
heard of both the parties, may:

1. Dismiss the complaint, or where the

proceedings were initiated at the instance
of the State Bar Council directs that
proceedings be filed
2. Reprimand the advocate,
3. Suspend the advocate from practice for
such a period as it deems fit,
4. Remove the name of an advocate from the
state roll of advocates.
 Section 35 of the Act also says that an Advocate
may be punished for professional misconduct or
other misconduct although the terms misconduct
and professional misconduct is not defined in
Section 35 or any other provisions of the
Advocate Act, 1961.
Section Disciplinary powers of The Bar Council of India on receipt of a
36 the Bar Council of complaint of an advocate whose name is not
India enrolled in any State roll shall refer the
advocate�s name to its disciplinary committee.
The disciplinary committee can dispose of a
pending complaint. The disciplinary committee
has to be in line with section 35 of this Act.
Section Changes in the Whenever in relation to section 35 or section 36,
36A constitution of the disciplinary committee of either the State Bar
disciplinary committeesCouncil or the Bae Council of India ceases to
exist, a new disciplinary committee, succeeding
the previous one takes over the proceedings.
Section Disposal of disciplinary Disciplinary committee can dispose off a
36B proceedings complaint within a period of 1 year from the date
of its receipt. If this fails, then it the complaint
goes to the Bar Council of India.
Section Appeal to the Bar Empowers the Bar Council of India to hear appeal
37 Council of India against the order of Disciplinary Committee of a
Bar Council. Every such appeal shall be heard by
the disciplinary committee of Bar Council of
India. It shouldn�t be prejudicial to affect an
aggrieved person and should give a reasonable
opportunity of being heard.
Section Appeal to the Supreme It provides that any person aggrieved by the order
38 Court passed by the Disciplinary Committee of Bar
Council of India, maybe challenged within 60
days by way of appeal before Supreme Court. It
shouldn�t be prejudicial to affect an aggrieved
person and should give a reasonable opportunity
of being heard.
Section Application of section Section 5 and 12 of Limitations Act, 1963 applies
39 5 and 12 of Limitations to appeals under section 37 and 38.
Act, 1963
Section Stay of order An appeal made under section 37 and section 38
40 can work as a stay order if directed by either the
disciplinary committee of the Bar Council of
India or the Supreme Court, whichever seems fit.
Section Alteration in roll of When an order is made, reprimanding or
41 advocates suspending an advocate then a record of his
punishment shall be put against his name in the
case where an advocate�s name is entered in the
State roll and where an order is made, suspending
him of practicing as an advocate, then his name
shall be struck off.
Section Powers of disciplinary Disciplinary committee of a Bar Council have the
42 committee same powers as are vested in a civil court under
the Code of Civil Procedure, 1908 when it comes
to certain matters:

1. summoning and enforcing the attendance

of any person and examining him on oath
2. requiring discovery and production of any
documents,
3. receiving evidence on affidavits,
4. requisitioning any public record or copies
thereof from any court or office,
5. issuing commissions for the examination
of witnesses or documents,
6.  any other matter which may be
prescribed,
The disciplinary committee does not have the
right to require the attendance of:

1. any presiding officer of a court except

with the previous sanction of the High
Court to which such court is subordinate,
2. any officer of a revenue court except with
the previous sanction of the State
Government.
All proceedings before the disciplinary committee
are deemed to be judicial proceedings within the
ambits of section 193 and 228 of the IPC and
disciplinary committee shall be deemed to be a
civil court for the purposes of sections 480, 482
and 485 of the Code of Criminal Procedure, 1898.

For the reasons of executing its powers, the

disciplinary committee can send to any civil court
summons or other processes in the territories to
where the act extends, for the reasons of
attendance of a witness, production of any
document etc.

The absence of the Chairman or any member of a

disciplinary committee on a date fixed for the
hearing of a case, the disciplinary committee if it
thinks fit, hold or continue the proceedings on the
date so fixed and no such proceedings.

No order made by the disciplinary committee in

these proceedings be invalid merely by reason of
the absence of the Chairman or member.

It is essential to note that no final orders of the

 nature referred to in sub- section (3) of section 35
shall be made in any proceeding unless the
Chairman and other members of the disciplinary
committee are present.
Section Powers of Bar Council Provisions of section 42 shall apply to the Bar
42A of India and other Council of India, the Enrollment Committee, the
committees Election Committee, the Legal Aid Committee, or
any other committee of any Bar Council
(disciplinary committee).
Section Cost of proceedings The disciplinary committee of a Bar Council
43 before a disciplinary makes orders related to the cost of any
committee proceedings as it may find suitable. Any such
order can be executed if it were an order:

1. in the case of an order of the disciplinary

committee of the Bar Council of India, of
the Supreme Court,
2. in the case of an order of the disciplinary
committee of a State Bar Council, of the
High Court.
Section Review of order by a Review committee may on its own review an
44 disciplinary committee order passed by it, provided that the order of
review shall have no effect unless it has been
approved by the Bar Council of India.
Chapter 6 Misc.Section Penalty for persons Any advocate who practices in any court or
45 illegally practicing in before any authority or person, before whom he is
courts and before other not entitled to practice, shall be punishable with
authorities imprisonment for a term which may extend to six
months.
Section Payment of part of OMITTED
46 enrollment fees to the
Bar Council of India
Section Financial assistance to If the Bar Council of India is satisfied that any
46A the State Bar Council State Bar Council is in need of funds for the
purpose of performing its functions then it will
provide such financial assistance as it deems fit to
that Bar Council by way of grant or otherwise.
Section Reciprocity No subject of any such country shall be entitled to
47 practice the profession of law in India that are
prevented for the citizens of India from
practicing. It means that the countries, which are
prevented for Indians to practice in, the subjects
of those counties cannot practice in India, either.
This should me published as a notification in the
Official Gazette.
The Bar Council of India may prescribe the
conditions, subject to which foreign qualifications
in law obtained by persons other than citizens of
India shall be recognized for the purpose of
admission as an advocate under this Act.
Section Indemnity against legal No suit or other legal proceeding can lie against
48 proceedings any Bar Council or any committee thereof or a
member of a Bar Council for any act done in
good faith or intended to be done to pursue the
rules made under this Act.
Section Power of revision The Bar Council of India can call for any
48A proceeding under this Act which has been
disposed of by a State Bar Council or a
committee, and from which no appeal lies. No
order which prejudicially affects any person shall
be passed under this section without giving him a
reasonable opportunity of being heard.
Section Review Bar Council of India may review on its own any
48AA order, within 60 days of the date of that order.
Section Power to give The Bar Council of India, for proper and efficient
48B directions discharge of the functions of a State Bar Council.
It may exercise its powers of general supervision
and control and give directions.
When a State Bar Council is unable to perform its
functions, the Bar Council of India without
prejudice give directions to the ex officio member
as it may appear necessary.
 
Section General power of the Bar Council of India can make rules to discharge
49 Bar Council of India to its functions. These rules may prescribe certain
make rules conditions like:

1. conditions subject to which an advocate

may be entitled to vote at an election to
the State Bar Council including the
qualifications or disqualifications of
voters, and the manner in which an
electoral roll of voters may be prepared
and revised by a State Bar Council
2. qualifications for membership of a Bar
Council and the disqualifications for such
membership,
3. time within which and the manner in
which effect may be given to the proviso
to sub-section (2) of section 3,
4. manner in which the name of any
advocate may be prevented from being
entered in more than one State roll,
5. manner in which the seniority among
advocates may be determined
6. minimum qualifications required for
admission to a course of degree in law in
any recognized University,
7. class or category of persons entitled to be
 enrolled as advocates,
8. conditions subject to which an advocate
shall have the right to practice and the
circumstances under which a person shall
be deemed to practice as an advocate in a
court
9. form in which an application shall be
made for the transfer of the name of an
advocate from one State roll to another,
10.standards of professional conduct and
etiquette to be observed by advocates,
11.standards of legal education to be
observed by Universities in India and the
inspection of Universities for that purpose
12.foreign qualifications in law obtained by
persons other than citizens of India which
shall be recognized for the purpose of
admission as an advocate under this Act,
13.procedure to be followed by the
disciplinary committee of a State Bar
Council and by its own disciplinary
committee,
14.restrictions in the matter of practice to
which senior advocates shall be subject
15.form of dresses or robes to be worn by
advocates, having regard to the climatic
conditions, appearing before any court or
tribunal,
16.the fees which may be levied in respect of
any matter under this Act,
17.general principles for guidance of State
Bar Councils and the manner in which
directions issued or orders made by the
Bar Council of India may be enforced,
18.any other matter which may be prescribed.
Section Power of Central Central Government can make rules for carrying
49A Government to makes out the purposes of this Act, including the rules
rules made by the Bar Council of India and Bar
Councils as follows

1. qualifications for membership of a Bar

Council and the disqualifications for such
membership
2. manner in which the Bar Council of India
may exercise supervision and control over
 State Bar Councils and the manner in
which the directions issued or orders made
by the Bar Council of India may be
enforced,
3. class or category of persons entitled to be
enrolled as advocates under this Act,
4. category of persons who may be exempted
from undergoing a course of training and
passing an examination prescribed under
clause (d) of sub-section (1) of section 24,
5. manner in which seniority among
advocates may be determined,
6. procedure to be followed by a disciplinary
committee of a Bar Council in hearing
cases and the procedure to be followed by
a disciplinary committee of the Bar
Council of India in hearing appeals,
7. any other matter which may be prescribed.
Rules made under this section are made for the
whole of India or for all the Bar Councils.
If any rule that is made by the Bar Council of
India is repugnant to any provision of a rule made
by the Central Government under this section,
then the rule under this section, whether made
before or after the rule made by the Bar Council,
shall prevail and the rule made by the Bar
Council shall be void.
Section Repeal of certain Date on which a State Bar Council is constituted
50 enactments under this Act, the provisions of sections 3 to 7
(inclusive), sub-sections (1), (2) and (3) of section
9, section 15 and section 20 of the Indian Bar
Councils Act, 1926 (38 of 1926), stands repealed
in the territory for which the particular State Bar
Council is constituted.

Date on which chapter 3 comes into force, the

following sections stands repealed:

1. sections 6, 7, 18 and 37 of the Legal

Practitioners Act, 1879 (18 of 1879), and
so much of sections 8, 9, 16, 17, 19 and 41
of that Act as relate to the admission and
enrolment of legal practitioners
2. sections 3, 4 and 6 of the Bombay
Pleaders Act, 1920 (Bombay Act 17 of
1920),
3. section 8 of the Indian Bar Councils Act,
1926 (38 of 1926), as relates to the
 admission and enrolment of legal
practitioners,
4. the provisions of the Letters Patent of any
High Court and of any other law in so far
as they relate to the admission and
enrolment of legal practitioners.
Date on which chapter 4 comes into force, the
following sections stands repealed:

1. sections 4, 5, 10 and 20 of the Legal

Practitioners Act, 1879 (18 of 1879), and
so much of sections 8, 9, 19 and 41 of that
Act as confer on legal practitioners the
right to practice in any court or before any
authority or person
2. sections 5, 7, 8 and 9 of the Bombay
Pleaders Act, 1920 (Bombay Act 17 of
1920),
3. section 14 of the Indian Bar Councils Act,
1926 (38 of 1926) and, so much of
sections 8 and 15 of that Act as confer on
legal practitioners the right to practice in
any court or before any authority or
person,
4. the Supreme Court Advocates (Practice in
High Courts) Act, 1951 (18 of 1951),
5. the provisions of the Letters Patent of any
High Court and of any other law
conferring on legal practitioners the right
to practice in any court or before any
authority or person.
Date on which chapter 5 comes into force, the
following sections stands repealed

1. sections 12 to 15 (inclusive), sections 21

to 24 (inclusive) and sections 39 and 40 of
the Legal Practitioners Act, 1879 (18 of
1879), and so 82 much of sections 16, 17
and 41 of that Act as relate to the
suspension, removal or dismissal of legal
practitioners,
2. sections 24 to 27 (inclusive) of the
Bombay Pleaders Act, 1920 (Bombay Act
17 of 1920),
3. sections 10 to 13 (inclusive) of the Indian
Bar Councils Act, 1926 (38 of 1926),
 4. the provisions of the Letters Patent of any
High Court and of any other law in so far
as they relate to the suspension, removal
or dismissal of legal practitioners.
Section Rule of construction References made in the enactment to an advocate
51 enrolled by a High Court in any form of words
shall be construed to have been made to an
advocate enrolled under this section.
Section Saving Nothing can affect the power and authority of the
52   Supreme Court to make rules under Article 145 of
the constitution for laying out conditions
according to which a senior advocate is entitled to
practice in a court and for determining who will
be entitled to practice.
Chapter 7 Section Elections to first State Elected members of a State Bar Council which is
Temporary & 53 Bar Council constituted for the first time under this Act, shall
transitional be elected by and from amongst advocates,
provisions vakils, pleaders, and attorneys who on the date of
the election, are entitled as of right to practice in
the High Court and are ordinarily practicing
within the territory for which the Bar Council is
to be constituted.
Section Term of office of The term of office of the elected members of a
54 members of first State State Bar Council constituted for the first time,
Bar Councils shall be two years from the date of the first
meeting of the Council.
Section Rights of certain As per Section 55 of the Advocates Act despite
55 existing legal anything contained in this Act:
practitioners not
affected 1. Each pleader or vakil rehearsing as such
preceding the date on which Chapter IV
(Sections 29 to 34) comes into power by
temperance of the arrangements of
the Legal Practitioners Act, 1879 (18 of
1879), the Bombay Pleaders Act 1920 or
whatever other law who doesn�t choose
to be or isn�t able to be enlisted as a
promoter under this Act,
 
2. Each Mukhtar rehearsing as such
preceding the said date by the goodness of
the arrangements of the Legal
Practitioners Act, 1879 or whatever other
law who doesn�t choose to be or isn�t
able to be selected as an advocate under
this Act,
 
3. Each income specialist rehearsing as such
preceding the said date by ideals of the
arrangements of the Legal Practitioners
Act, 1879 or some other law will, despite
 the nullification by this Act of the
applicable arrangements of the Legal
Practitioners Act, 1879, the Bombay
Pleaders Act, 1920 or other law, keep on
getting a charge out of indistinguishable
rights from regards practice in any Court
or income office or before any position of
individual and be dependent upon the
disciplinary locale of a similar power
which he delighted in or, by and large, to
which he was subject preceding the said
date and as needs are the pertinent
arrangements of the Acts or law
previously mentioned will have an impact
according to such people as though they
had not been revoked.
Section Dissolution of existing On constitution of any State Council other than
56 Bar Councils the State Council of Delhi:

1. all properties and assets vesting in the

corresponding Bar Council shall vest in
the new Bar Council
2. all rights, liabilities, and obligations of the
corresponding Bar Council, whether
arising out of any contract or otherwise,
shall be the rights, liabilities and
obligations respectively of the new Bar
Council,
3. all proceedings pending before the
corresponding Bar Council in respect of
any disciplinary matter or otherwise shall
stand transferred to the new Bar Council.
Section Power to make rules The power of that Bar Council to make rules
57 pending the under this Act shall be exercised:
constitution of Bar
Council 1. in the case of the Bar Council of India, by
the Supreme Court,
2. in the case of a State Bar Council, by the
High Court.
Section Special provisions When a State Bar Council has not been
58 during the transitional constituted or when a State Bar Council is unable
period to perform its functions then, the functions of that
Bar Council or of any committee thereof, related
to the admission and enrolment of advocates,
shall be performed by the High Court.
A State Bar Council or a High Court performing
the functions of a State Bar Council may enroll
any person to be an advocate on a State roll if he
is qualified to be so enrolled.
 Every person who before 1st December 1961,
was an advocate on the roll of any High Court
under the Indian Bar Councils Act, 1926 or who
has been enrolled as an advocate under this Act
shall, until Chapter IV comes into force, be
entitled as of right to practice in the Supreme
Court.
Section Special provisions with Advocates who immediately before the 26th July,
58A respect to certain 1948, were entitled to practice in the High Court
advocates in Allahabad or the Chief Court in Oudh and who
under the provisions of the United Provinces
High Courts (Amalgamation) Order, 1948 were
recognized as advocates who are entitled to
practice in the new High Court of Allahabad but
whose names were not formally entered on the
roll of advocates of that High Court merely by
reason of the non-payment of the fee payable to
the Bar Council of the said High Court. All
advocates who are enrolled between the time of
26th July 1948 � 26th May 1952 be deemed to
be persons who were entered as advocates on the
roll of the said High Court under the Indian Bar
Councils Act, 1926 and every such person shall
be admitted as an advocate on the State roll of
Uttar Pradesh.
 
Advocates who immediately before the
10th October, 1952 were entitled to practice in the
High Court of Hyderabad but whose names were
not formally entered on the roll of advocates of
that High Court merely by reason of the non-
payment of the fee payable to the Bar Council of
the said High Court shall, be deemed to be
persons who were entered as advocates on the roll
of the said High Court under the Indian Bar
Councils Act, 1926 and every such person may,
on an application being made in this behalf, be
admitted as an advocate on the State roll of
Andhra Pradesh or of Maharashtra.
 
Advocates who immediately before the 1st May,
1960 were entitled to practice in the High Court
of Bombay who applied to get their names
entered on the roll of the High Court of Gujarat
but whose names were not formally entered on
the roll of advocates of that High Court merely by
reason of the non-payment of the fee payable to
the Bar Council of the said High Court shall, be
deemed to be persons who were entered as
advocates on the roll of the said High Court under
the Indian Bar Councils Act, 1926 and every such
person may, on an application being made in this
 behalf, be admitted as an advocate on the State
roll of Gujarat.
Section Special provision From 1st September 1963, every proceeding
58B relating to certain related to any disciplinary matter in relation to an
disciplinary existing advocate of a High Court shall, be
proceedings disposed of by the State Bar Council in relation to
that High Court, as if the existing advocate had
been enrolled as an advocate on its roll.

If before 1st September 1963, there is any

pending proceeding in respect of any disciplinary
matter in relation to an existing advocate before
any High Court under the Indian Bar Councils
Act, 1926, such proceeding shall be transferred to
the State Bar Council in relation to that High
Court, as if it were a proceeding pending before
the Bar Council.

If before 1st September 1963, there is any

pending proceeding in respect of any disciplinary
matter in relation to an existing pleader, vakil,
mukhtar or attorney, who has been enrolled as an
advocate on any State roll under the Act, such
proceeding shall be transferred to the State Bar
Council on the roll on which he has been
enrolled.
Section Removal of difficulties If any issues arise in bringing in effect the
59 enactments that are repealed and other provisions
of this Act, the Central government may publish it
in the official gazette, so as to remove that
difficulty.
Section Power of the Central Until the rules are made by either the State Bar
60 Government to make Council and approved by the Bar Council of
rules India, the Central Government has the power to
do the same. The Central Government in
consultation with the Bar Council of India may
make rules for the State Bar Councils or any
particular State Bar Council.
The Central government by making a notification
in an official gazette direct the rules made by it.