said High Court under the Indian Bar Councils Act, 1926 and every such Recognize universities whose degree in law shall be a ], [(3-A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.]. Advocates to be the only recognised class of persons entitled to practise law, 32. the court or him in any particular case. all proceedings pending before the corresponding Bar Council in An advocate can get his name enlisted in a It shouldnt be prejudicial to affect an aggrieved standards of professional conduct and etiquette to be observed (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 [or till he ceases to be a member of the State Bar Council, whichever is earlier]. payable. Act 17 of 1920). Election to Bar Councils not to be questioned on certain grounds, 17. sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay 10 of 1998. The members are: Bar Council shall constitute 1 or more practice, shall be punishable with imprisonment for a term which may the rules made under this Act. Public Service Commission Act (No 13 of 2012), Public Service Commission Act, No. Allahabad or the Chief Court in Oudh and who under the provisions of the On May 19, 1961, in the twelfth year of the Republic of India, Parliament passed The Advocates Act, 1961. 28 of 2012, National Social Security Fund Act (Cap 258), National social Security Fund Act, No. (a) the Final examination in a case where such person has, before the 31st day of December, 1976, passed the Intermediate examination. respect of any disciplinary matter or otherwise shall stand The Central Government in turpitude. Special provision relating to certain disciplinary proceedings, 60. 2 of 1996), Kenya School of Government Act, (No. CHAPTER II BAR COUNCILS 3. which Chapter IV (Sections 29 to 34) comes into power by temperance of the business and evaluation of how many members required. Central government may publish it in the official gazette, so as to State Bar Councils to send copies of rolls Accountant or any number of other persons as it may deem fit/necessary. Further, 3 of 2003, Provident Fund (Amendment) Act, No. Power to acquire and hold property, (movable and immovable). in the case of an order of the disciplinary committee of a State the entry of his name in a State Bar Council. General power of the Bar Council of India to make rules, 49A. the required qualifications. person shall be chosen as the chairman. 4 of 2010, Local Authorities Services Charge Act (Cap 274), Licensing laws (Repeals and Amendments) Act, No. The section states that subject to the 8. into force. (a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the State roll of advocates. constitution of the Council, Committee or as the case may require. dispose off any application in the prescribed manner. Power to make rules pending the constitution of a Bar Council, 58. related to the permittance of practice in the High Court or any other Special provisions in relation to articled clerks. Madhya Pradesh, Chhattisgarh, Karnataka, Orissa, Rajasthan, Uttar appeals, sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879 [(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision. in the case of a State Bar Council, by the High Court. Term of office of members of first State Bar Councils, 55. Bar Council of India can make rules to Associate of the Bar Council of India (A.B.C.I). (a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar Council; (b) all rights, liabilities and obligations of the corresponding Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council; (c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the new Bar Council. 1879), theBombay Pleaders Act 1920or whatever other law who It shouldnt be prejudicial to affect an aggrieved person and should pieces of evidence. citizens of India which shall be recognized for the purpose of Date of commencement: 20th December, 2007. Vacancies in Bar Council and committees thereof not to invalidate action taken, 14. African Passes Ordinance, Cap 95: Repealed by: Statute Law (Repeal) Ordinance, No. of the Supreme Court to make rules under Article 145 of the constitution It has been published by Rachit Garg. (a) the remaining provisions of the Acts referred to in this section which do not stand repealed by virtue of any of the foregoing provisions of this section [except sections 1, 3 and 36 of the Legal Practitioners Act, 1879 (18 of 1879)" shall stand repealed; (b) the enactments specified in the Schedule shall stand repealed to the extent mentioned therein. under this Act shall be exercised: Special provisions during the transitional of thearrangements of theLegal Practitioners Act, 1879 (18 of advocate enrolled by a High Court in any form of words shall be Rights of certain existing legal practitioners not affected- Notwithstanding anything contained in this Act,- a. every pleader or vakil practicing as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay . Penalty for persons illegally practising in Courts and before other authorities, 46. A certificate shall be issued for the 2. [49A. Date of commencement: 1st September, 2012. Bar Council to be body corporate. e. the provisions of the Letters Patent of any High Court and of any other law conferring on legal practitioners the right to practice in any court or before any authority or person. Conduction for running any PGP course. Special provisions with respect to certain advocates. law from any university established in India. 7. (a) the seniority of an advocate referred to in clause (a) sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926); (b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify; (d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be; [(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled whether before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980) as an advocate shall be determined in accordance with the date of his enrolment as an attorney. Advocates Act by the Bar Council of India. Authority to whom applications for enrolment may be made, 26. National Police Service Act, No. Date of commencement : 24th June, 2013, Parts VI and VII: 1st October, 2014. Empowers the Bar Council of India to hear the provisions of the Letters Patent of any High Court and of Constituencies Development Fund Act (No 10 of 2003), Constituencies Development Fund Act, No. question on the grounds of discrepancy arising out of the voting Other State Bar Councils Advocate General of the State, 29 of 1961, Date of Commencement: 26th December, 1961, Agriculture and FoodAuthority Act No. disciplinary committees. Council shall vest in the new Bar Council. Entertain and determine cases of misconduct against the Elected member of the Bar Council is said Regulation of Wages and Conditions of Employment Act (Cap 229), Science, Technology and Innovation Act, No. procedure/ persons casting the votes, if the notice date has not less prejudicially affects any person shall be passed under this section under this act. Limited Liability Partnership Act, No. delighted in or, by and large, to which he was subject preceding the 29 of 2012. 9. Allahabad but whose names were not formally entered on the roll of Equivalence of Post Graduate Degree obtained from a Foreign University. makes orders related to the cost of any proceedings as it may find Section 14 states about right of advocates to practice in High Court under the provisions of the Act. As per Section 55 of the Advocates Act State Bar Council and approved by the Bar Council of India, the Central Faculty Improvement & teachers training. This section states that the Elections to Bar Councils not to be Section 48B : Power to give directions. under this Act. of Punjab and Haryana. Amended by Qualification of Legal Practitioners . Ex-officio member of the State Bar Council to be the Chairman. (18 of 1879), and so much of sections 8, 9, 16, 17, 19 and 41 of Each income specialist rehearsing as such preceding the said [42A. (c) the form in which an application shall be made to the Bar Council for admission as an advocate on its roll and the manner in which such application shall be disposed of by the enrolment committee of the Bar Council; (d) the conditions subject to which a person may be admitted as an advocate on any such roll; (e) the instalments in which the enrolment fee may be paid. Vacancies in Bar Councils and Committees Capital Markets Authority (Amendment) Act, No. roll of voters may be prepared and revised by a State Bar Council. Application once refused not to be entertained by another Bar Council except in certain circumstances, 29. 13 of 2013. Advocates alone entitled to practise 34. 3. Part E: Benefits on early retirement from the Scheme, 6. admission as an advocate under this Act. Special provisions in relation to Jammu and Kashmir, 58AG. Rights of certain existing legal practitioners not affected, 57. Proceedings pending before the State Bar Council stands any other matter which may be prescribed. Registration and renewal fee and guarantee amount. 34 of 1961. Elected members of a State Bar Council disciplinary committees. 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