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The Advocates Act, 1961

Central

An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.

Act number
25 of 1961
Ministry
Ministry of Law and Justice
Department
Department of Legal Affairs
Enacted
19 May 1961

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

85 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3State Bar Councils.
  4. Section 4Bar Council of India.
  5. Section 5Bar Council to be body corporate.
  6. Section 6Functions of State Bar Councils.
  7. Section 7Functions of Bar Council of India.
  8. Section 7AMembership in international bodies.
  9. Section 8Term of office of members of State Bar Council.
  10. Section 8AConstitution of special Committee in the absence of election.
  11. Section 9Disciplinary committees.
  12. Section 9AConstitution of legal aid committees.
  13. Section 10Constitution of committees other than disciplinary committees.
  14. Section 10ATransaction of business by Bar Councils and committees thereof.
  15. Section 10BDisqualification of members of Bar Council.
  16. Section 11Staff of Bar Council.
  17. Section 12Accounts and audit.
  18. Section 13Vacancies in Bar Council and committees thereof not to invalidate action taken.
  19. Section 14Election to Bar Councils not to be questioned on certain grounds.
  20. Section 15Power to make rules.
  21. Section 16Senior and other advocates.
  22. Section 17State Bar Councils to maintain roll of advocates.
  23. Section 18Transfer of name from one State roll to another.
  24. Section 19State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
  25. Section 20Special provision for enrolment of certain Supreme Court advocates.
  26. Section 21Disputes regarding seniority.
  27. Section 22Certificate of enrolment.
  28. Section 23Right of pre-audience.
  29. Section 24Persons who may be admitted as advocates on a State roll.
  30. Section 24ADisqualification for enrolment.
  31. Section 25Authority to whom applications for enrolment may be made.
  32. Section 26Disposal of applications for admission as an advocate.
  33. Section 26APower to remove names from roll.
  34. Section 27Application once refused not to be entertained by another Bar Council except in certain circumstances.
  35. Section 28Power to make rules.
  36. Section 29Advocates to be the only recognised class of persons entitled to practise law.
  37. Section 30Right of advocates to practise.
  38. Section 31[Repealed.].
  39. Section 32Power of court to permit appearances in particular cases.
  40. Section 33Advocates alone entitled to practise.
  41. Section 34Power of High Courts to make rules.
  42. Section 35Punishment of advocates for misconduct.
  43. Section 36Disciplinary powers of Bar Council of India.
  44. Section 36AChanges in constitution of disciplinary committees.
  45. Section 36BDisposal of disciplinary proceedings.
  46. Section 37Appeal to the Bar Council of India.
  47. Section 38Appeal to the Supreme Court.
  48. Section 39Application of sections 5 and 12 of Limitation Act, 1963.
  49. Section 40Stay of order.
  50. Section 41Alteration in roll of advocates.
  51. Section 42Powers of disciplinary committee.
  52. Section 42APowers of Bar Council of India and other committees.
  53. Section 43Cost of proceedings before a disciplinary committees.
  54. Section 44Review of orders by disciplinary committee.
  55. Section 45Penalty for persons illegally practising in courts and before other authorities.
  56. Section 45APower to frame and publish lists of touts.
  57. Section 46[Repealed.].
  58. Section 46AFinancial assistance to State Bar Council.
  59. Section 47Reciprocity.
  60. Section 48Indemnity against legal proceedings.
  61. Section 48APower of revision.
  62. Section 48AAReview.
  63. Section 48BPower to give directions.
  64. Section 49General power of the Bar Council of India to make rules.
  65. Section 49APower of Central Government to make rules.
  66. Section 50Repeal of certain enactments.
  67. Section 51Rule of construction.
  68. Section 52Saving.
  69. Section 53Elections to first State Bar Council.
  70. Section 54Term of office of members of first State Bar Councils.
  71. Section 55Rights of certain existing legal practitioners not affected.
  72. Section 56Dissolution of existing Bar Councils.
  73. Section 57Power to make rules pending the constitution of a Bar Council.
  74. Section 58Special provisions during the transitional period.
  75. Section 58ASpecial provisions with respect to certain advocates.
  76. Section 58AASpecial provisions in relation to the Union territory of Pondicherry.
  77. Section 58ABSpecial provisions with respect to certain persons enrolled by Mysore State Bar Council.
  78. Section 58ACSpecial provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
  79. Section 58ADSpecial provisions with respect to certain persons migrating to India.
  80. Section 58AESpecial provisions in relation to the Union territory of Goa, Daman and Diu.
  81. Section 58AFSpecial provisions in relation to Jammu and Kashmir.
  82. Section 58AGSpecial provisions in relation to articled clerks.
  83. Section 58BSpecial provision relating to certain disciplinary proceedings.
  84. Section 59Removal of difficulties.
  85. Section 60Power of Central Government to make rules.