Indian Bare Acts

Search Alphabatically :

THE ADVOCATES ACT, 1961

Title : THE ADVOCATES ACT, 1961

Year : 1961



(1) There shall be a Bar Council-

(a) For each of the States of Andhra Pradesh, Bihar, Gujarat, 1*[Jammu and Kashmir], Madhya Pradesh, 2[** *], 3[** *], 4*[Karnataka], Orissa, Rajasthan, Uttar-Pradesh 17*[Uttarakhand, Meghalaya, Manipur and Tripura], to be known as the Bar Council of that State:

18*[(b) For the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;]

(c) For the State of Kerala and the Union territory of 5*[Lakshadweep], Minicoy and Amindivi Islands, to be known as the Bar Council of Kerala;

6*[(cc) For the 7[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras;]

8*[(ccc) for the State of Maharashtra and Goa, and the Union territories ofDadra and Nagar Haveli and Daman and Diu, to be known as the Bar Coucil of Maharashtra and Goa;]

9*[(d)for the State of Punjab and Haryana, and the Union territory of Chandigarh to be known as the Bar Council of Punjab and Haryana;

(dd) For the State of Himachal Pradesh to be known as the Bar Council of Himachal Pradesh.]

(e) For the State of West Bengal and the 10*[Union territories of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and

(f) For the Union territory of Delhi, to be known as the Bar Council of Delhi.

(2) A state Bar Council shall consist of the following members namely:-

(a) In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex-officio; 19*[in the case of the State Bar Council of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland], ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the State of Punjab and Haryana,, ex-officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex-officio;

12*[(b) In the case of the State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council, with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the Sate Bar Council:]

13*[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Coucil of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926)].

14*[(3)There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.

(3-A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be :

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.]

15*[(4)An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being a member of a State Bar Council, unless he possesses such qualifications or satisfies such condition is as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.

(5)Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.]

16*[(6)Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]
 
---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 60 of 1973, section 4.

2. The word "Madras" omitted by Act 26 of 1968, section 3 and Schedule.

3. The word "Maharashtra" omitted by the Dadra and Nagar Haveli Civil Courts and Miscellaneous Provisions Regulations, 1963 8 of 1963,section 12.

4. Substituted by the Mysore State Alteration of Name Adaptation of Laws on Union Subjects Order, 1974.

5. Substituted by Act 69 of 1986, section 19, for clause (6) as earlier amended by Act 81 of 1971, section 34 and Act 34 of 1986, section 16.

5a. Substituted by Act 34 of 1973, section 12.

6. Inserted by Act 26 of 1968, section 3 and Schedule.

7. Substituted by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) order, 1970, for the words "State of Madras".

8. Substituted by act 18 of 1987, section 21, for clause (ccc) as initially Inserted by Regulation 8 of 1963, section 12 and relettered by Act 26 of 1968,section 3 and Schedule and subsequently amended by Act 60 of 1973,section 4.

9. Substituted by Act 53 of 1970, section 24, for clause (d).

10. Substituted by Act 81 of 1971, section 34, for "Union Territories of Tripura and the Andaman and Nicobar Islands".

11. Inserted by Act 60 of 1973, section 4.

12. Substituted by Act 60 of 1973, section 4.

13. Inserted by Act 21 of 1964, section. 2.

14. Substituted by Act 38 of 1977, section 2, for clause (3) as Inserted by Act 107of 1976, section 3.

15. Inserted by Act 21 of 1964, section 2.

16. Sub-clause(6) inserted by Act 60 of 1973, section 4.

17. Substituted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following : - "and Uttaranchal"

18. Substituted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following :-

"5[(b) for the State of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh;]"

19. Substituted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following :-

"11[in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the State of Assam, Manipur, Meghalaya, Nagaland and Tripura"

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:-

(a) The Attorney- General of India, ex- officio;

(b) The Solicitor- General of India, ex- officio;

1[* * * ]

(c) One member elected by each State Bar Council from amongst its members.

2*[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the provision to sub-section (2) of Section 3 ];

3*[(2) There shall be a Chairman and a Vice- Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977, shall on such commencement, cease to hold office as Chairman or Vice -chairman, as the case may be :

Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office. ]

4*[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,-

(i) In the case of a member of a State Bar Council who holds office ex-officio, be two years from the date of his election 5[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and

(ii) In any other case, be for the period for which he holds office as a member of the State Bar Council:

Provided
that every such member shall continue to hold as a member of the Bar Council of India until his successor is elected. ]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Clause (bb) omitted by Act 38 of 1977, section 3.
2. Inserted by Act 60 of 1973, section 5.
3. Substituted by Act 38 of 1977, section 3.
4. Inserted by Act 21 of 1964, section 3.
5. Inserted by Act 60 of 1973, section 5.

-------------------------------------------------------------------------------------------------------------------------------------------------------



Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued.



(1) The functions of a State Bar Council shall be-

(a) To admit persons as advocates on its roll;

(b) To prepare and maintain such roll;

(c) To entertain and determine cases of misconduct against advocates on its roll;

(d) To safeguard the rights, privileges and interests of advocates on its roll;

1*[(dd) To promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause(a) of sub-section (2) of this section and clause (a) of sub-section(2) of section 7;]

(e) To promote and support law reform;

2*[(ee) To conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;
(eee) to organize legal aid to the poor n the prescribed manner;]

(f) To manage and invest the funds of the Bar Council;

(g) To provide for the election of its members;
3*[(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;]

(h) To perform all other functions conferred on it by or under this Act;

(i) To do all other things necessary for discharging the aforesaid functions.

4*[(2)A State Bar Council may constitute may constitute one or more funds in the prescribed manner for the purpose of-

(a) Giving financial assistance to organize welfare schemes for the indigent, disabled or other advocates;

(b) Giving legal aid or advice in accordance with the rules made in this behalf;]

5*[(c) Establishing law libraries.]

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section(2) which shall be credited to the appropriate fund or funds constituted under that sub-section]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 70 of 1993, section 2 (i)(a).

2. Inserted by Act 60 of 1973, section 6.

3. Inserted by Act 70 of 1993, section 2 (i)(b).

4. Sub-sections(2) and (3) substituted by Act 60 of 1973, section 6, for sub-section(2).

5. Inserted by Act 70 of 1993, section 2 (ii).

--------------------------------------------------------------------------------------------------------------------------------------------------------



1 [(1)]The functions of the Bar Council of India shall be-
2 [** *]

(b) To lay down standards of professional conduct and etiquette for advocates;

(c) To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) To safeguard the rights, privileges and interests of advocates;

(e) To promote and support law reform;

(f) To deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) To exercise general supervision and control over State Bar Councils;

(h) To promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) To recognise Universities whose degree in law shall be a qualificationfor enrolment as an advocate and for that purpose to visit and inspect Universities 3*[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf];

4*[(ia) To conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(ib) To organize legal aid to the poor in the prescribed manner;

(ic) To recognize on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as advocate under this Act;]

(j) To manage and invest the funds of the Bar Council;

(k) To provide for the election of its members;

(l) To perform all other functions conferred on it by or under this Act;

(m) To do all other things necessary for discharging the aforesaid functions.

5*[(2)The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of-

(a) Giving financial assistance to organize welfare schemes for indigent, disabled or other advocates;

(b) Giving legal aid or advice in accordance with the rules made in this behalf;]

6*[(c) Establishing law libraries.]

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that Sub-section].

7A - 7* Membership in international bodies

The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar. ]

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Section7 renumbered as sub-section (1) thereof by Act 60 of 1973, Section 7.

2. Clause (a) omitted by Act 60 of 1973, section 7.

3. Inserted by Act 70 of 1993, section 3(i).

4. Inserted by Act 60 of 1973, section 7.

5. Sub-sections(2) and (3) inserted by Act 60 of 1973, section 7.

6. Inserted by Act 70 of 1993, section 3 (ii).

7. Inserted by Act 60 of 1973, section 8.

-------------------------------------------------------------------------------------------------------------------------------------------------------



The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election:

Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order for reasons to be recorded in writing, extend the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months.

8A - Constitution of Special Committee in the absence of election

(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of-

(i) The ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of section 3 to be the Chairman:

Provided that where there are more than one ex officio members, the senior-most amongst them shall be the Chairman; and

(ii) Two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.

(2) On the constitution of the Special Committee and until the State Bar Council is constituted-

(a) All properties and assets vesting in the State Bar Council shall vest in the Special Committee;

(b) All rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;

(c) All proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.

(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reason the Special Committee is not a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 70 of 1993, section

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of Section 3 and who are not members of the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.

(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964,(21 of 1964) may dispose of the proceeding pending before it as if this section had not been amended by the said Act.

9A - 1*Constitution of legal aid Committees

(1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed.

(2) The qualifications, the method of selection and the term of office of the member of a legal aid committee shall be such as may be prescribed].

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 60 of 1973, section 9.

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) A State Bar Council shall constitute the following standing committees, namely:-

(a) An executive committee consisting of five members elected by the Council from amongst its members;

(b) An enrolment committee consisting of three members elected by the Council from amongst its members.

(2) The Bar Council of India shall constitute the following standing committees, namely:-

(a) An executive committee consisting of nine members elected by the Council from amongst its members:

(b) A legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co-opted by the Council who are not members thereof.

(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

10A - 1*Transaction of business by Bar Councils and committees thereof

2*[(1)The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine.

(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine,]

(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils.

(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.

(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed].

10B - 3*Disqualification of members of Bar Council

An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India].

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 60 of 1973, section 10.

2. Substituted Act 70 of 1993, section 5.

3. Original section 10A renumbered as section 10B by Act 60 of 1973, section 10.

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Every Bar Council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary.

(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.



(1)Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.

(2)The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956, (1 of 1956) at such times and in such manner as may be prescribed.

1*[(3)As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the Official Gazette.

(4)As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the next following the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India].

--------------------------------------------------------------------------------------------------------------------------------------------------------

1.Substituted by Act 60 of 1973, section 11.

--------------------------------------------------------------------------------------------------------------------------------------------------------



No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be.



No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette.



(1) A Bar Council may make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

1*[(a) The election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of elections shall be published ];

2[***]

3*[(c) The manner of election of the Chairman and the Vice- Chairman of the Bar Council ];

(d) The manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council 4[or to the office of the Chairman or Vice- Chairman ]shall be finally decided;

5 [***]

(f) The filling of casual vacancies in the Bar Council;

(g) The powers and duties of the Chairman and the Vice- Chairman of the Bar Council;

6*[(ga) The constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of section 7;

(gb) Organization of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given ];

(h) The summoning and holding of meetings of the Bar Council, 7[*** ] the  conduct of business thereat, and the number of members necessary to constitute a quorum;

(i) The constitution and functions of any committee of the Bar Council and the term of office of members of any such committee;

(j) The summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;

(k) The qualifications and the conditions of service of the secretary; the accountant and other employees of the Bar Council;

(l) The maintenance of books of accounts and other books by the Bar Council;

(m) The appointment of auditors and the audit of the accounts of the Bar Council;

(n) The management and investment of the funds of the Bar Council.

(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substitued by Act 60 of 1973, section 12.

-------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on June, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female