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Taxmann's Advocates Act 1961 with Bar Council of India Rules – Bare Act without Comments | AIBE

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ADVOCATES ACT, 1961

CHAPTER III

CHAPTER IV

32. Power of court to permit appearances in particular

CHAPTER V

CONDUCT OF ADVOCATES

35.

36. Disciplinary powers of Bar Council of

36A.

36B. Disposal of disciplinary proceedings

37.

38.

39. Application of sections 5 and 12 of Limitation Act, 1963

CHAPTER VI

MISCELLANEOUS

45. Penalty for persons illegally practising in courts and before other authorities

45A. Power to frame and publish lists of touts

46. [Omitted by the Advocates (Amendment) Act, 1993, w.e.f. 26-12-1993]

50.

53.

55.

57.

58.

58A.

58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu

58AF. [Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020]

BAR COUNCIL OF INDIA RULES

of

of

CONDITIONS

of

CHAPTER VII

PROCEEDINGS FOR REMOVAL OF NAME FROM ROLL UNDER PROVISO TO SECTION 26(1) OF THE ACT 68

CHAPTER VIII

ADDITIONAL QUALIFICATION FOR ENROLMENT AS ADVOCATES 68

CHAPTER IX

REVISION UNDER SECTION 48A OF THE ACT 68

CHAPTER X

APPLICATION FOR REVIEW UNDER SECTION 48AA OF THE ACT 70

CHAPTER XI

ORDERS OF THE BAR COUNCIL OF INDIA 70

PART III

CERTAIN MATTERS RELATING TO STATE COUNCIL

CHAPTER I

ELECTORAL ROLL, DISQUALIFICATION OF MEMBERSHIP AND VACATION OF OFFICE

Revision of Electoral Roll 72

Particulars to be maintained in the Electoral Roll 72

Disqualification for being a Candidate in the Election 72 Application of these rules 72

Form of Notice under rule 4 73

CHAPTER II

RULES TO SECURE AT LEAST A MINIMUM NUMBER OF ADVOCATES OF 10 YEARS’ STANDING

Election of candidates with quota 74

Exclusion of candidates lowest on poll or who have been on rolls for less than 10 years 75

Next the other candidates 75

Filling up vacancies or co-option 77

Particulars regarding seats to be filled 78

Computation of period 78

PART IV

RULES OF LEGAL EDUCATION

CHAPTER I

PRELIMINARIES AND DEFINITIONS

1. Title and commencement 78

2. Definitions 79

CHAPTER II

STANDARDS OF PROFESSIONAL LEGAL EDUCATION

3. Recognized Universities 81

4. Law courses 82

5. Eligibility for admission 82

6. Prohibition to register for two regular courses of study 83

7. Minimum marks in qualifying examination for admission 83

8. Standard of courses 84

9. Process and manner of running integrated course 84

10. Semester system 84

11. Minimum infrastructure 85

12. End Semester Test 85

13. Prohibition against lateral entry and exit 85

CHAPTER III

INSPECTION, RECOGNITION AND ACCREDITATION

14. Centres for Legal Education not to impart education without approval of Bar Council of India 85

15. Annual Notification for application to be filed by newly proposed institutions 86

16. Conditions for a University to affiliate a Centre of Legal Education 86

17. When can University apply for inspection for constituent College or University Department or Faculty 87

18. Inspection of a University 87

19. Types of Inspection 88

20. Inspection and Monitoring Committee 89

21. Inspection fees 89

22. Inspection Report 89

23. Specific recommendation needed 89

24. Adverse report 89

25. Recommendation of the Legal Education Committee 90

26. Approval 90

27. Revocation of approval 90

28. Accreditation system 91

29. Accreditation Committee 91

30. Application for accreditation 91

31. Rules for accreditation 91

32. Obligation of the institution to facilitate free and fair enquiry 93

33. Anti Ragging Measures 93

CHAPTER IV

DIRECTORATE OF LEGAL EDUCATION

34. Directorate of Legal Education 93

35. Director of Legal Studies 93

36. Legal Education Officer (LEO) 94

CHAPTER V

RECOGNITION OF DEGREE IN LAW OF A FOREIGN UNIVERSITY

37. Degree of a Foreign University obtained by an Indian citizen 94

38. Enlisting a Foreign University 94

39. Recognition of a Foreign University 95

40. Standard test for recognition 95

CHAPTER VI

MISCELLANEOUS PROVISIONS

41. Uniform Identity Number of students and faculty 96

42. Annual Report and Return 96

43. Dispute Resolution Body 96 44. Annual Notification 96

45. Over-riding effect

46. Savings

47. Amending procedures

SCHEDULE I: List of Indian Universities and its Approved Centres of Legal Education, whose Degrees in Law are Recognized for Enrolment

SCHEDULE II: Academic Standards and Courses to be Studied 97

SCHEDULE III: Minimum Infrastructural Facilities required in a Centre of Legal Education for Applying Permission to run Law Courses with Affiliation from an Indian University

SCHEDULE IV: Inspection and other Fees

SCHEDULE V: List of Foreign Universities whose Degree is Recognized by the Bar Council of India under section 24(1) (C)(iii) of the Advocates Act, 1961

SCHEDULE VI: Proforma Inspection Report

SCHEDULE VII: Proforma Application Form for Approval of Affiliation to be Submitted to the Bar Council of India with Copy of Application for Affiliation of a University

SCHEDULE VIII: Forms of Annual Return

SCHEDULE IX: Application Form Accreditation and Credit Rating 118

SCHEDULE X: Information of Enrolled Student for Uniform Identity Card 119

SCHEDULE XI: Centralised Data for Faculties

SCHEDULE XII: List of Approved Foreign Universities whose Degree in Law can be Considered for Enrolment under Chapter V of the Rules

SCHEDULE XIII: List of Dates Fixed for Various Regulatory Purposes 119

PART V

THE STATE ROLL AND SENIORITY CHAPTER I

PREPARATION AND MAINTENANCE OF THE STATE ROLL

FORM B1: Part I copy of roll under section 17(1)(a) of the Advocates Act, 1961 of the Bar Council of …………..sent under section 19 of the Advocates Act, 1961

FORM B2: PART II copy of roll under section 17(1)(b) of the Advocates Act, 1961 of the Bar Council of_ _ _ _ _ _ sent under section 19 of the Advocates Act, 1961

CHAPTER II

PREVENTION OF ENTRY IN MORE THAN ONE ROLL

CHAPTER III

TRANSFER OF NAME FROM ONE STATE ROLL TO ANOTHER STATE ROLL

FORM C: Application for transfer to another roll under sections 18 and 49(1)(b) of the Advocates Act, 1961

FORM

Order on Transfer Applications

CHAPTER IV

SENIORITY

Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court

CHAPTER V SPECIAL

PART VI

RULES GOVERNING ADVOCATES

CHAPTER II

for Financial Assistance to State Bar Councils and Individuals under rule 44B of the Bar Council of India Rules

Section V—Duty in imparting training

Section V—Duties towards Society and Bar

Section VA—Code of conduct and Disqualification for members of Bar Councils

Section VI—Duty to Render Legal Aid

Section VII—Section on other Employments

DISCIPLINARY PROCEEDINGS AND REVIEW

I

COMPLAINTS AGAINST ADVOCATES AND PROCEDURE TO BE FOLLOWED BY DISCIPLINARY COMMITTEES OF THE STATE BAR COUNCIL AND THE BAR COUNCIL OF INDIA

A. Complaint and Enquiry under sections 35, 36 and 36B of the Act

B. Withdrawal of Proceedings under section 36 of the Act

C. Appeal to the Bar Council of India under section 37 of the Act

D. Application for stay, and other matters

E. Rules applicable to all proceedings before the Disciplinary Committee of the State Bar Councils and the Bar Council of India

FORM E1: Notice of Hearing of Complaint under section 35/36 of the Advocates Act, 1961 and Rule 5, Chapter I, Part VII of the Rules of the Bar Council of India

FORM E2: Notice of Hearing under Rule 5 in Chapter I, Part VII of the Rules of the Bar Council of India

FORM K: Notice under section 44 of the Advocates Act, read with Rule 4 in Chapter II, Part VII of the Rules of the Bar Council of India

PART VIII

PART IX

GENERAL PRINCIPLES TO BE FOLLOWED BY STATE BAR COUNCILS AND THE BAR COUNCIL OF INDIA RULES FOR SUPERVISION AND CONTROL BY THE BAR COUNCIL OF INDIA

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 notification in the Official 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 notification in the Official 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 Notification 16-8-1961 Chapters I, II and VII.

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)

Definitions.

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.

ADVOCATES

ACT 1961 WITH BAR

COUNCIL OF INDIA RULES – BARE ACT WITHOUT COMMENTS | AIBE

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : March 2026

EDITION : 2026 Edition

ISBN NO : 9789375616184

NO. OF PAGES : 180

BINDING TYPE : Paperback

Rs. 175

DESCRIPTION

Advocates Act 1961 with Bar Council of India Rules [Bare Act without Comments] by Taxmann for All India Bar Examination (AIBE) is a consolidated statutory compilation presenting the complete and updated text. Published strictly in Bare Act format and fully aligned with AIBE requirements, this volume reproduces the enacted law and subordinate legislation without commentary, case-law references, or interpretative notes. It serves as an authoritative legislative reference on the regulation of the legal profession in India, covering enrolment, rights of advocates, professional standards, disciplinary mechanisms, legal education norms, and the governance of State Bar Councils and the Bar Council of India.

The Present Publication is the 2026 Edition, covering the amended and updated text of the Advocates Act [Act No. 25 of 1961] with Rules, with the following noteworthy features:

• [Complete & Authentic Statutory Text] Reproduces the full text of the Advocates Act 1961, including all chapters, sections, provisos, explanations, and amendment insertions

• [Bar Council of India Rules in Full] Contains comprehensive Rules framed under Section 49, including:

o Standards of Professional Conduct and Etiquette

o Duties towards Clients, Courts, Society, and the Bar

o Code of Conduct and Disqualification provisions

o Disciplinary Proceedings framework

o Conditions for the Right to Practise

o Dress Code Regulations for Advocates

• [Rules of Legal Education] Incorporates the Rules on Standards of Legal Education and Recognition of Law Degrees, covering:

o Approval and recognition of Centres of Legal Education

o Enrolment eligibility norms

o Inspection and compliance procedures

o Relevant Schedules and proformas

• [Disciplinary & Procedural Framework] Includes provisions governing complaints, enquiries, appeals, reviews, and prescribed forms under Sections 35, 36, 37, and 44 of the Act

• [Schedules & Statutory Forms] Covers relevant Schedules (including recognition of foreign degrees) and prescribed forms for disciplinary and administrative processes

• [Strict Bare Act Format – AIBE Compliant] Free from editorial commentary, summaries, headnotes, or case-law annotations, ensuring full conformity with AIBE-permitted material

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