ADVOCATES ACT, 1961
CHAPTER III
CHAPTER IV
57.
58AF. [Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020
Advocates Act, 19611
[25 OF 1961]
An Act to amend and consolidate the law relating to legal practitioners and to provide for the Constitution of 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 PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Advocates Act, 1961.
2[(2) It extends to the whole of India.]
(3) It 3[shall, in relation to the territories other than those referred to in subsection (4), come into force] on such date4 as the Central Government may, by noti cation in the Of cial Gazette, appoint, and different dates4 may be appointed for different provisions of this Act.
5[(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 noti cation in the Of cial Gazette, appoint in this behalf, and different dates4 may be appointed for different provisions of this Act.]
1. Dated 19-5-1961.
2. Substituted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
3. Substituted for “shall come into force”, ibid.
4. The provisions of the Act have been brought into force as under:
Date Provisions
16-8-1961 Chapters I, II and VII.
Noti cation
S.O. 1870, dated 7-9-1961. 1-12-1961 Chapter III and section 50(2). S.O. 2790, dated 24-11-1961. 15-12-1961 Section 50(1). S.O. 2919, dated 13-12-1961. 24-1-1962 Sections 51 and 52.
S.O. 958, dated 29-3-1962.
S.O. 297, dated 24-1-1962. 29-3-1962 Section 46.
(Contd. on p. 2)
2
De nitions.
2. 6[(1)] In this Act, unless the context otherwise 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;
(c) 7[***]
(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;
(f) 8[***]
(g) “High Court”, except in sub-section (1) 8a[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;
(Contd. from p. 1)
4-1-1963 Section 32 and Chapter VI [except section 46, sub-sections (1) and (2) of section 50, sections 51 and 52.]
1-9-1963 Chapter V.
10-6-1968 In the Union territory of Pondicherry, Chapters I, II and III, section 32, Chapters IV, V, VI, VII and VIII.
1-6-1969 Sections 29, 31, 33 and 34 of Chapter IV.
1-6-1969 In the Union territory of Goa, Daman and Diu except section 30.
1-8-1986 In the State of Jammu and Kashmir except section 30.
1-4-2005 In the State of Sikkim except section 30.
15-6-2011 Section 30.
S.O. 50, dated 4-1-1963.
S.O. 2509, dated 31-8-1963.
S.O. 63, dated 7-6-1968.
S.O. 1500, dated 5-4-1969.
G.S.R. 84(E), dated 21-2-1979.
G.S.R. 946(E), dated 15-7-1986.
S.O. 329(E), dated 17-3-2005.
S.O. 1349(E), dated 9-6-2011.
5. Inserted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
6. Section 2 renumbered as sub-section (1), ibid
7. Omitted by the Advocates (Amendment) Act, 1976, w.e.f. 15-10-1976. Prior to its omission, clause (c) read as under: ‘(c) “attorney” includes a solicitor;’
8. Omitted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
8a. Inserted, ibid.
*Goa is now a State.
†W.e.f. 31-10-2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019.
(ii) in the case of the Bar Council constituted for Delhi, 9[the 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 10[or vakil] of any High Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained under this Act;
(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.
10a[(2) Any reference in this Act to a law which is not in force 10b[***] in the Union Territory of Goa*, Daman and Diu, shall, in relation to 10c[***] 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].
CHAPTER II
BAR COUNCILS
State Bar Councils.
3. (1) There shall be a Bar Council—
(a) for each of the States of Andhra Pradesh, Bihar, Guja rat, 11[***], 12[Jharkhand,] 13[Madhya Pradesh, Chhattisgarh], 14[***] 15[***],
9. Substituted for “the High Court of Punjab”by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
10. Substituted for “, vakil or attorney” by the Advocates (Amendment) Act, 1976, w.e.f. 15-10-1976.
10a. Inserted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
10b. Words “in the State of Jammu and Kashmir or” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020 and also by the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 23-10-2020.
10c. Words “that State or” omitted, ibid.
11. Words “Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. Earlier the quoted words were inserted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
12. Inserted by the Bihar Reorganisation Act, 2000, w.e.f. 15-11-2000.
13. Substituted for “and Madhya Pradesh” by the Madhya Pradesh Reorganisation Act, 2000, w.e.f. 1-11-2000.
14. Word “Madras” omitted by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968.
15. Word “Maharashtra” omitted by the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulations, 1963, w.e.f. 1-7-1965.
*Goa is now a State.
3
16[Karnataka], Orissa, 17[Rajasthan, Telangana], [17a[Uttar Pradesh], 18[Uttarakhand, Meghalaya, Manipur and Tripura]], to be known as the Bar Council of that State;
19[(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 20[Union territory of Lakshadweep], to be known as the Bar Council of Kerala;
21[(cc) for the 22[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras†;]
23[(ccc) for the States of Maharashtra and *Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and *Goa;]
24[(d) for the States 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 25[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal;
16. Substituted for “Mysore” by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, w.r.e.f. 1-11-1973.
17. Substituted for “Rajasthan, Uttar Pradesh” by the Andhra Pradesh Reorganisation Act, 2014, w.e.f. 2-6-2014.
17a. Substituted for “and Uttar Pradesh” by the Uttar Pradesh Reorganisation Act, 2000, w.e.f. 9-11-2000.
18. Substituted for “and Uttaranchal” by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, w.e.f. 23-3-2013
19. Substituted, ibid. Prior to its substitution, clause (b), as substituted by the State of Arunachal Pradesh Act, 1986, w.e.f. 20-2-1987, North-Eastern Areas (Reorganisation) Act, 1971, w.e.f. 21-1-1972 and State of Mizoram Act, 1986, w.e.f. 20-2-1987, read as under: “(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh;”
20. Substituted for “the Laccadive, Minicoy and Amindivi Islands” by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973, w.e.f. 1-11-1973.
21. Inserted by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 26-5-1968.
22. Substituted for “State of Madras” by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, w.r.e.f. 14-1-1969.
23. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987, w.e.f. 30-5-1987. Earlier clause (ccc) was amended by the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulations, 1963, w.e.f. 1-7-1965, Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968 and Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
24. Clauses (d) and (dd) substituted for clause (d) by the State of Himachal Pradesh Act, 1970, w.e.f. 25-1-1971. Earlier clause (d) was substituted by the Punjab Reorganisation Act, 1966.
25. Substituted for “Union territories of the Tripura and the Andaman and Nicobar Islands” by the North-Eastern Areas (Reorganization) Act, 1971, w.e.f. 21-1-1972.
† Now Tamil Nadu.
*Goa is now a State.
(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi;
25a[(g) for the Union territory of Jammu and Kashmir and Union territory of Ladakh, to be known as the Bar Council of Jammu and Kashmir; and Ladakh.]
(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 26[27[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;
28[(b) in the case of a 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 State Bar Council:]
29[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 Council 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).]
30[(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.
(3A) Every person holding of ce as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act,
25a. Inserted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
26. Inserted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974.
27. Substituted for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, w.e.f. 23-3-2013.
28. Substituted by the Advocates (Amendment) Act, 1973, w.e.f. 31-1-1974. Earlier clause (b) was amended by the Advocates (Amendment) Act, 1964, w.e.f. 16-5-1964, State of Himachal Pradesh Act, 1970, w.e.f. 25-12-1970 and North-Eastern Areas (Reorganisation) Act, 1971, w.e.f. 21-11972.
29. Inserted by the Advocates (Amendment) Act, 1964, w.e.f. 16-5-1964.
30. Substituted by the Advocates (Amendment) Act, 1977, w.r.e.f. 31-10-1977. Earlier sub-sections (3) and (3A) were substituted for sub-section (3) by the Advocates (Amendment) Act, 1976, w.e.f. 13-9-1976.
