Act 25 of 1961

The Advocates Act, 1961

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.

  • Ministry of Law and Justice
  • Department of Legal Affairs
  • Enacted 1961-05-19
  • 84 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 State Bar Councils. Read
4 Bar Council of India. Read
5 Bar Council to be body corporate. Read
6 Functions of State Bar Councils. Read
7 Functions of Bar Council of India. Read
7A Membership in international bodies. Read
8 Term of office of members of State Bar Council. Read
8A Constitution of special Committee in the absence of election. Read
9 Disciplinary committees. Read
9A Constitution of legal aid committees. Read
10 Constitution of committees other than disciplinary committees. Read
10A Transaction of business by Bar Councils and committees thereof. Read
10B Disqualification of members of Bar Council. Read
11 Staff of Bar Council. Read
12 Accounts and audit. Read
13 Vacancies in Bar Council and committees thereof not to invalidate action taken. Read
14 Election to Bar Councils not to be questioned on certain grounds. Read
15 Power to make rules. Read
16 Senior and other advocates. Read
17 State Bar Councils to maintain roll of advocates. Read
18 Transfer of name from one State roll to another. Read
19 State Bar Councils to send copies of rolls of advocates to the Bar Council of India. Read
20 Special provision for enrolment of certain Supreme Court advocates. Read
21 Disputes regarding seniority. Read
22 Certificate of enrolment. Read
23 Right of pre-audience. Read
24 Persons who may be admitted as advocates on a State roll. Read
24A Disqualification for enrolment. Read
25 Authority to whom applications for enrolment may be made. Read
26 Disposal of applications for admission as an advocate. Read
26A Power to remove names from roll. Read
27 Application once refused not to be entertained by another Bar Council except in certain circumstances. Read
28 Power to make rules. Read
29 Advocates to be the only recognised class of persons entitled to practise law. Read
30 Right of advocates to practise. Read
31 [Repealed.]. Read
32 Power of court to permit appearances in particular cases. Read
33 Advocates alone entitled to practise. Read
34 Power of High Courts to make rules. Read
35 Punishment of advocates for misconduct. Read
36 Disciplinary powers of Bar Council of India. Read
36A Changes in constitution of disciplinary committees. Read
36B Disposal of disciplinary proceedings. Read
37 Appeal to the Bar Council of India. Read
38 Appeal to the Supreme Court. Read
39 Application of sections 5 and 12 of Limitation Act, 1963. Read
40 Stay of order. Read
41 Alteration in roll of advocates. Read
42 Powers of disciplinary committee. Read
42A Powers of Bar Council of India and other committees. Read
43 Cost of proceedings before a disciplinary committees. Read
44 Review of orders by disciplinary committee. Read
45 Penalty for persons illegally practising in courts and before other authorities. Read
46 [Repealed.]. Read
46A Financial assistance to State Bar Council. Read
47 Reciprocity. Read
48 Indemnity against legal proceedings. Read
48A Power of revision. Read
48AA Review. Read
48B Power to give directions. Read
49 General power of the Bar Council of India to make rules. Read
49A Power of Central Government to make rules. Read
50 Repeal of certain enactments. Read
51 Rule of construction. Read
52 Saving. Read
53 Elections to first State Bar Council. Read
54 Term of office of members of first State Bar Councils. Read
55 Rights of certain existing legal practitioners not affected. Read
56 Dissolution of existing Bar Councils. Read
57 Power to make rules pending the constitution of a Bar Council. Read
58 Special provisions during the transitional period. Read
58A Special provisions with respect to certain advocates. Read
58AA Special provisions in relation to the Union territory of Pondicherry. Read
58AB Special provisions with respect to certain persons enrolled by Mysore State Bar Council. Read
58AC Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council. Read
58AD Special provisions with respect to certain persons migrating to India. Read
58AE Special provisions in relation to the Union territory of Goa, Daman and Diu. Read
58AF Special provisions in relation to Jammu and Kashmir. Read
58AG Special provisions in relation to articled clerks. Read
58B Special provision relating to certain disciplinary proceedings. Read
59 Removal of difficulties. Read
60 Power of Central Government to make rules. Read
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