Advocates Act

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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. 2

The 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; 4[the

(ii) in the case of the Bar Council constituted for Delhi, 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; Act; (j) “prescribed” means prescribed by rules made under this

(k) “roll” means a roll of advocates prepared and maintained under this Act; 1 2

Clause (c) of Section 2(1) omitted by Act 107 of 1976 w.e.f. 15.10.1976. 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, and Kashmir], 2[Jharkhand] 3[Madhya...
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