Section List

Act Number: 25

Act Name: The Advocates Act, 1961

Year: 1961

Enactment Date: 1961-05-19

Long Title: 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: Ministry of Law and Justice

Department: Department of Legal Affairs

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31 [Repealed.].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