THE ADVOCATES ACT, 1961

- Contains 60 Sections set out in 7 chapters.

Ch. I - Sec. 1 & 2, Short title, extent, commencement, definitions

Ch. - II Sec. 3 to15, Bar Councils.

Ch. III  - Sec. 16 to 28, Admission and enrolment of Advocates.

Ch. IV - Sec. 29 to 34, Right to practice.

Ch. V -  Section 35 to 44, conduct of Advocate.

Ch. VI -  Miscellaneous issues.

Ch. VII – Temporary and Transitional Provisions

Ch. I – Introduction, Salient features & Definitions

- The Advocates Act, passed by the Parliament received the assent of the
President on 19 May, 1961.

- The Act consolidates the law relating to legal practitioners

- The objective of the Act is to integrate and constitute one class of legal
practitioners called "Advocates" and to prescribe uniform qualification
for admission to the Bar.

- Creation of a autonomous “All India Bar Council” and State Bar Councils
with powers vested inter alia, to take disciplinary action in suitable
cases.

- The Act extends to the whole of India 

- The genesis of the Advocates Act is found in the felt need for providing a
uniform and well-knit structure of legal profession which plays pivotal
role in strengthening the system of administrative justice in the country.
- A properly equipped and efficient Bar can play a prominent role not
only in the system of justice but also in the constitutional government
and rule of law.

- Recommendation of the Indian Bar Committee, 1951

1. Constitution of Independent/integrated All India Bar Council/State Bar

Councils

2. Common Roll of Advocates

3. Complete autonomy to the Bar Council regarding qualification,

administration, discipline of members of the profession

4. 1958, Law Commission – 14 Report on “Reform of Judicial

Administration” endorsed an recommendation of the All India Bar
Committee and urged the Government to implement the same.

5. 1959, Legal Practitioners’ Bill incorporating the same introduced and was
adopted as Advocates Act, 1961.

6. The Act amended and codified the law relating to legal practitioners’ and
provided for the constitution of an All India Bar.

7. The control and jurisdiction regarding enrolment of Advocates and their

discipline which was with High Courts, stood transferred to the BCI and
SBC, complete autonomous bodies with elected representatives of
Advocates.

8. Salient features of the Act

1. Lay down standards of professional conduct and etiquette for Advocates.

2. Lay down procedure to be followed by disciplinary committees.

3. Safeguard the rights, privileges and interests of Advocates.

4. Promote law reform.

5. Deal with and dispose of any matter - State Bar Council/BCI

6. Promote Legal Education and lay down standards of Legal Education. .

7Admission and Enrollment of Advocate.

8. Conduct Seminars on legal topics by eminent jurists and publish journals

and papers of legal interest.

9. Organize and provide legal aid to the poor/Schedule Caste

10. Manage and invest funds of Bar Council.

11. Provide for the election of its members who shall run the Bar Council.

12. Recognition of law degrees for enrolment of advocates.

Definitions

1. “Advocate": Sec.2 (a) means “an Advocate entered in any roll under the
provisions of this Act”.

- Before the passing of this Act, there were different classes of legal
practitioners recoginsed under the Legal Practitioners Act, Advocates,
lawyers, vakils, pleaders, "revenue agent" etc.

- Only two categories - "Senior Advocates" and “Advocates".

2. “Bar Council” means a Bar Council constituted under this Act.

3. “Bar Council of India” means the Bar Council constituted under section 4
for the territories to which this Act extends.

4. 4 “Law graduate” means a person who has obtained a bachelor's degree

in law from any University established by law in India.

5. “Legal Practitioner” means an Advocate or a Pleader practising law

before any Court

6. “Roll” means a roll of advocates prepared and maintained under this Act

Ch. II - BAR COUNCILS

Sec. 3 - State Bar Councils

Sec. 4 - Bar Council of India

- Composition decided by All India Bar Committee

Sec. 5 - Bar Council to be body corporate

- Perpetual Succession

- Common Seal

- Power to acquire and hold property

- Capacity to sue and to be sued

Sec. 6 - Functions of State Bar Councils

- To admit persons as Advocates on its roll

- To prepare and maintain such roll

- To entertain and determine cases on misconduct against advocates on

its roll

- To safeguard the rights, privileges and interests of advocates on its roll

- To promote the growth of Bar Associations for the purpose of effective

implementation of the welfare programmes

- To promote and support law reform

- To conduct seminars and organise talks on legal topics by eminent

jurists and publish journals and papers of legal interest

- To provide legal aid to the poor

- To manage and invest the funds

- To provide for election its members

- To visit and inspect Universities Sec. 7 - Functions of Bar Council of India

- to lay down standards of professional conduct and etiquette for

advocates

- to lay down the procedure to be followed by its disciplinary committee

and the disciplinary committee of each State Bar Council
- to safeguard the rights, privileges and interests of advocates

- to promote and support law reform

- to deal with and dispose of any matter arising under this Act, which may
be referred to it by a State Bar Council

- to exercise general supervision and control over State Bar Councils

- to promote legal education and to lay down standards of education in

consultation with the Universities

- to visit and inspect Universities for recognition of degrees

- to conduct seminars and organize talks on legal topics by eminent jurists

and publish journals and papers of legal interest

- to organise legal aid to the poor

- to manage and invest the funds of the Bar Council

- to provide for the election of its members

- to perform all other functions conferred on it by or under this ActSec. 8

- Term of office of members of State Bar Council

- 5 Years from the date of publication of the result of election

- Sec. 9 - Disciplinary Committees

- 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 are not members of the
Council, and the senior-most Advocate amongst the members of a
disciplinary committee shall be the Chairman thereof.

- Sec. 9A - Legal Aid Committees

- - Shall consist of such number of members, not exceeding nine but not
less then five, as may be prescribed.

- Sec. 10 - Constitution of other Committees

- 1. Executive Committee consisting of five members elected by the
Council from amongst its members;

- 2. Enrolment Committee consisting of three members elected by the

Council from amongst its members.

- Standing committees

- (a) Executive Committee consisting of nine members elected by the

Council from amongst its members

- (b) 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.

- Sec.10A - Transaction of business by Bar Councils and Committees

- - Bar Council of India - New Delhi

- State Bar Council - at its headquarters

- Sec.10B - Disqualification of members of Bar Council

- Absent without sufficient excuse for three consecutive meetings of

Council

- Removal of name from the roll of Advocates

- Disqualified under any rule made by the Bar Council of India.

- Sec. 12 - Accounts and Audit

- Bar Council shall maintain books of accounts and other books in such
form and manner as may be prescribed.

- The accounts shall be audited by auditors duly qualified to act as

Auditors of companies.

- End of financial year, State Bar Council shall send copy of its accounts
together with report of the Auditors to the Bar Council of India and
shall cause the same to be published in the official Gazette.
- 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.

- Sec. 14 - Election to Bar Councils not to be questioned on certain

grounds –

- 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, if notice of the date has, not less than thirty days
before that date, been published in the Official Gazette.

- Sec. 15 - Power to make rules

- Election of Chairman and Vice Chairman

- Filling of casual vacancies in the Bar Council

- Powers and duties of the Chairman and the Vice-Chairman of the Bar
Council

- -

- Constitution of funds for the purpose of giving financial assistance or

giving legal aid or advice to the poor

- Organisation of legal aid and advice to the poor.

- Constitution of committees and sub-committees with functions and

term of office of members.

- Summoning and holding of meetings, the conduct of business of any

such committee, and prescribing the number of members necessary to
constitute a quorum.

- Qualifications and the conditions of service of the Secretary,

Accountant and other employees of the Bar Council.

- Maintenance of books of accounts and other books by the Bar Council

- Appointment of auditors and audit of the accounts of the Bar Council.

- Management and investment of the funds of the Bar Council.

- 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.

- CHAPTER-III

- ADMISSION AND ENROLMENT OF ADVOCATES

- Sec.16 - Senior and other Advocates.

- - Senior Advocates shall, in the matter of their practice, be subject to

such restrictions as the Bar Council of India may, in the interests of the
legal profession, prescribe.

- Sec. 17 - State Bar Councils to maintain roll of Advocates.

- No person shall be enrolled as an Advocate on the roll of more than one

State Bar Council

- Sec. 18 – Transfer of name from State roll to another – Appln to BCI

- Sec. 19 - State Bar Councils to send copies of rolls of Advocates to the

Bar Council of India

- Sec. 20 - Special provision for enrolment of Supreme Court Advocates.

- Sec. 21 - Disputes regarding seniority.

- Sec. 22 – Certificate of enrolment.

- Sec. 23 – Right of pre-audience

- Attorney-General of India

- Solicitor-General of India

- Additional Solicitor-General of India

- Second Additional Solicitor-General of India

- Advocate-General of any State

- Subject as aforesaid:

- (i) Senior Advocates shall have pre-audience over other Advocates

- (ii) Senior Advocates and other Advocates inter se – seniority

- Sec. 24 - Persons who may be admitted as Advocates on a State Roll.

- (a) A citizen of India - a national of any other country may be admitted as

an advocate on a State roll, if citizens of India, duly qualified, are
permitted to practise law in that country

- (b) Completed the age of twenty-one years

- c) Obtained a degree in law from any University in the territory of India

- (d) Fulfills such other conditions as may be specified in the rules made by
the State Bar Council

- (e) Has paid, in respect of the enrolment, stamp duty and enrolment
fee payable to the State Bar

- Sec. 24-A, Disqualification for Enrolment

- Convicted of an offence involving moral turpitude

- Convicted of an offence under the provisions of Untouchability

(Offences) Act, 1955

- Dismissed or removed from employment or office under the State on

any charge involving moral turpitude.

- Sec. 25 – Authority to whom the application for enrolment may be

made

- - State bar Council within whose jurisdiction the applicant proposes to

practice.

- Sec. 26 - Disposal of applications for admission as an Advocate.

- A State Bar Council shall refer application for admission as an Advocate
to its enrolment committee

- committee shall dispose of the application in the prescribed manner

- person has got his name entered on the roll of Advocate by

misrepresentation of fact, fraud or undue influence, remove the name
of such person from the roll of Advocates after giving him an
opportunity of being heard.

- Sec. 25 – Authority to whom the application for enrolment may be

made

- - State bar Council within whose jurisdiction the applicant proposes to

practice.

- Sec. 26 - Disposal of applications for admission as an Advocate.

- A State Bar Council shall refer application for admission as an Advocate

to its enrolment committee

- committee shall dispose of the application in the prescribed manner

- person has got his name entered on the roll of Advocate by

misrepresentation of fact, fraud or undue influence, remove the name
of such person from the roll of Advocates after giving him an
opportunity of being heard.

- 4) Enrolment committee of a State Bar Council proposes to refuse any

such application, it shall refer the application for opinion to the Bar
Council of India and every such reference shall be accompanied by a
statement of the grounds in support of the refusal of the application.

- (5) The enrolment committee of a State Bar Council shall dispose of any
application referred to the Bar Council of India in conformity with the
opinion of the Bar Council of India.

- (6) Refusal of any application for admission, the State Bar Council shall
send intimation to all other State Bar Councils about such refusal stating
the name, address and qualifications of the person whose application
was refused and the grounds for the refusal.
- Sec. 26A - Power to remove names from roll.

- - A State Bar Council may remove from the State roll the name of any
Advocate who is dead or from whom a request has been received to that
effect.

- Sec. 27 - Application once refused not to be entertained by another Bar

Council except in certain circumstances.

- Where a State Bar Council refuses the application of any person for
admission as an Advocate on its roll, no other State Bar Council shall
entertain an application for admission of such person as an Advocate on
its roll, except with the previous consent in writing of the State Bar
Council which refused the application and of the Bar Council of India.

- Sec. 28 - Power to make rules.

- ( 1) A State Bar Council may make rules

- the time within which and form in which an Advocate shall express his
intention for the entry of his name in the roll of a State Bar Council

- (b) 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.

- (c) the conditions for admitting a person as an Advocate on roll

- (d) the installments in which the enrolment fee may be paid.

- (2) No rules made under this Chapter shall have effect unless they have
been approved by the Bar Council of India.

- CHAPTER IV - RIGHT TO PRACTISE

- Sec. 29 - Advocates to be the only recognised class of persons entitled

to practise law.

- Sec. 30 - Right of Advocates to practise.

- to practise throughout the territories to which this Act extends,

- in all courts including the Supreme Court

- - before any tribunal or person legally authorised to take evidence, any
other authority or person before whom such Advocate is by or under
any law for the time being in force entitled to practise.

- Sec. 32 - Power of court to permit appearances in particular cases.

- Sec. 33 - Advocates alone entitled to practise.

- Sec. 34 - Power of High Courts to make rules.

- Permitting an Advocate to practise in the High Court and the

subordinate courts.

- fix and regulate by taxation or otherwise the fees payable as costs by

any party in respect of the fees of his adversary's Advocate upon all
proceedings in the High Court or in any Court subordinate thereto.

-  

- CHAPTER V - CONDUCT OF ADVOCATES

- Sec. 35 - Punishment of Advocates for misconduct.

- On receipt of a complaint by State Bar Council, refer the case for

disposal to its disciplinary committee.

- (2) The disciplinary committee shall fix a date for hearing of the case
and shall cause a notice to be given to the Advocate concerned and the
Advocate-General of the State.

- (3) The disciplinary committee of a State Bar Council after giving the
Advocate concerned and the Advocate-General an opportunity of being
heard, may pass the following orders:

- (a) dismiss the complaint or, where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed

- (b) reprimand the Advocate

- (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.
- (4) Where an Advocate is suspended from practice he shall, during the
period of suspension, be debarred from practising in any court or before
any authority or person in India.

- (5) the Advocate-General may appear before the disciplinary committee

of the State Bar Council either in person or through any Advocate
appearing on his behalf.

- Sec. 36 - Disciplinary powers of Bar Council of India.

- On receipt of a complaint, the Bar Council of India has reason to believe

that any Advocate whose name is not entered on any State roll has
been guilty of professional or other misconduct, it shall refer the case for
disposal to its disciplinary committee.

- the disciplinary committee of the Bar Council of India may, either of its
own motion or on a report by any State Bar Council or on an application
made to it withdraw for inquiry before itself any proceedings for
disciplinary action against any Advocate pending before the disciplinary
committee of any State Bar Council and dispose of the same.

- The disciplinary committee of the Bar Council of India, disposing of the

case, shall observe, the procedure laid down in section 35, the
references to the Advocate-General in that section being construed as
references to the Attorney-General of India4) In disposing of any
proceedings under this section the disciplinary committee of the Bar
Council of India may make any order which the disciplinary committee of
a State Bar Council can make under sub-section (3) of Section 35, and
where any proceedings have been withdrawn for inquiry before the
disciplinary committee of the Bar Council of India, the State Bar Council
concerned shall give effect to any such order.

- Sec.36A - Changes in constitution of disciplinary committees

- - succeeding committee to continue the proceedings from the stage at

which the proceedings were so left by its predecessor committee.

-  

- Sec. 36B - Disposal of disciplinary proceedings.

- The disciplinary committee of a State Bar Council shall dispose of the
complaint received expeditiously and in each case the proceedings shall
be concluded within a period of one year from the date of the receipt of
the complaint or the date of initiation of the proceedings, failing which
such proceedings shall stand transferred to the Bar Council of India
which may dispose of the same as if it were a proceeding withdrawn for
inquiry.

- Disciplinary Committee of State Bar Council shall dispose of the

complaint within a period of one year from the date of the receipt of the
complaint or the date of initiation of the proceedings, whichever is later,
failing which such proceedings shall stand transferred to the Bar Council
of India for disposal under sub-section (1).

- Sec.37 - Appeal to the Bar Council of India.

- Any person aggrieved by an order of the disciplinary committee of a

State Bar Council may within sixty days of the date of the
communication of the order to him, prefer an appeal to the Bar Council
of India.

- Every such appeal shall be heard by the disciplinary committee of the

Bar Council of India which may pass such order thereon as it deems fit.

- Provided that no order of the disciplinary committee of the State Bar

Council shall be varied by the disciplinary committee of the Bar Council
of India so as to prejudicially affect the person aggrieved without giving
him reasonable opportunity of being heard.

-  

- Sec. 38 - Appeal to the Supreme Court.

- Any person aggrieved by an order made by the disciplinary committee of

the Bar Council of India under section 36 or section 37 or the Attorney-
General of India or the Advocate-General of the State concerned, may,
within sixty days of the date on which the order is communicated to
him, prefer an appeal to the Supreme Court and the Supreme Court may
pass such order thereon as it deems fit.
- Provided that no order of the disciplinary committee of the Bar Council
of India shall be varied by the Supreme Court so as to prejudicially affect
the person aggrieved without giving him a reasonable opportunity of
being heard.

- Sec. 39. Application of Sections 5 and 12 of Limitation Act, 1963.

- The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so

far as may be, apply to appeals under Section 37 and Section 38.

- Sec. 40. Stay of order.

- the disciplinary committee of the Bar Council of India, or the Supreme

Court, may, for sufficient cause, direct the stay of such order on such
terms and conditions as it may deem fit.

- Where an application is made for stay of the order before the expiration
of the time allowed for appealing, the disciplinary committee of the
State Bar Council or Bar Council of India, may for sufficient cause, direct
the stay of such order on such terms and conditions as it may deem fit.

- Sec. 41 - Alteration in roll of Advocates.

- Where an order is made under this Chapter reprimanding or suspending

an Advocate, a record of the punishment shall be entered against his
name.

- (a) In the case of an Advocate whose name is entered in a State roll, in

that roll and where any order is made removing an Advocate from
practice, his name shall be struck off the State roll

- (b) Where any Advocate is suspended or removed from practice, the

certificate granted to him under Section 22, in respect of his enrolment
shall be recalled.

- Sec. 42 - Powers of disciplinary committee.

- (1) The disciplinary committee of a Bar Council shall have the same
powers as are vested in a civil court under the Code of Civil Procedure,
1908, in respect of the following matters, namely:
- summoning and enforcing the attendance of any person and examining
him on oath;

- requiring discovery and production of any documents;

- receiving evidence on affidavits;

- requisitioning any public record or copies thereof from any court or

office;

- issuing commissions for the examination of witnesses or documents;

- any other matter which may be prescribed

- Provided that no such disciplinary committee shall have the right to

require the attendance of:

- any presiding officer of a court except with the previous sanction of the
High Court to which such court is subordinate;

- any officer of a revenue court except with the previous sanction of the
State Government.

- (2) All proceedings before a disciplinary committee of a Bar Council shall

be deemed to be judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code, 1860 and every disciplinary
committee shall be deemed to be a civil court for the purposes of
sections 480, 482 and 485 of the Code of Criminal Procedure, 1898.

- (3) disciplinary committee may send to any civil court, any summons or
other process, for the attendance of a witness or the production of a
document required by the committee or any commission which it
desires to issue, and the civil court shall cause such process to be served
or such commission to be issued and may enforce any such process as if
it were a process for attendance or production before itself.

- (4) Absence of the Chairman or any member of a disciplinary committee

on a date fixed for the hearing of a case, the disciplinary committee may,
hold or continue the proceedings on the date so fixed and no such
proceedings and no order made by the disciplinary committee in any
 such proceedings shall be invalid merely by reason of the absence of the
Chairman or member thereof on any such date:

- - Provided that no final orders shall be made in any proceeding unless

the Chairman and other members of the disciplinary committee are
present.

- 5) Where no final orders can be made in any proceedings in accordance

with the opinion of the Chairman and the members of a disciplinary
committee either for want of majority opinion amongst themselves or
otherwise, the case, with their opinion thereon, shall be laid before the
Chairman of the Bar Council concerned or if the Chairman of the Bar
Council is acting as the Chairman or a member of the disciplinary
committee, before the Vice-Chairman of the Bar Council, and the said
Chairman or the Vice-Chairman of the Bar Council, as the case may be,
the final order of the disciplinary committee shall follow such opinion.

- Sec. 42A. Powers of Bar Council of India and other committees.

- - Same as under Sec. 42. Sec. 43 - Cost of proceedings before a

disciplinary committees.

- may make such order as to the costs of any proceedings before it as it

may deem fit and any such order shall be executable as if it were an
order

- (a) in the case of an order of the disciplinary committee of the Bar

Council of India, of the Supreme Court;

- (b) in the case of an order of the disciplinary committee of a State Bar

Council, of the High Court.

- Sec. 44. Review of orders by disciplinary committee.

- The disciplinary committee of a Bar Council may of its own motion or

otherwise review any order within sixty days of the date of that order
passed by it.
- - Provided that no such order of review of the disciplinary committee of
a State Bar Council shall have effect unless it has been approved by the
Bar Council of India.

-  

- CHAPTER VI - MISCELLANEOUS

- Sec. 45 - Penalty for persons illegally practising in courts and before

other authorities.

- - Any person who practises in any court or before any authority or

person, in or before whom he is not entitled to practise under the
provisions of this Act, shall be punishable with imprisonment for a term
which may extend to six months.

- Sec. 46-A, Financial assistance to State Bar Council

- Sec. 47 – Reciprocity

- -Any country prevents citizen of India from practising the profession of

law or subjects them to discrimination in that country, no subject of that
country shall be entitled to practise the profession of law in India

-  

- Sec. 48A - Power of Revision.

- The Bar Council of India may, at any time, call for the record of any
proceeding under this Act which has been disposed of by a State Bar
Council or a committee thereof, and from which no appeal lies, for the
purpose of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it may think fit.

- No order which prejudicially affects any person shall be passed under

this section without giving him a reasonable opportunity of being heard.

- Sec. 48AA – Review

- - The Bar Council of India or any of its committees, other than its
disciplinary committee, may of its own motion or otherwise review any
 order, within sixty days of the date of that order, passed by it under this
Act.

- Sec. 48B - Power to give directions.

- For the proper and efficient discharge of the functions of a State Bar
Council or any committee thereof, the Bar Council of India may, in the
exercise of its powers of general supervision and control, give such
directions to the State Bar Council or any committee thereof as may
appear to it to be necessary, and the State Bar Council or the committee
shall comply with such directions.

- Where a State Bar Council is unable to perform its functions for any
reason whatsoever, the Bar Council of India may, without prejudice to
the generality of the foregoing power, give such directions to the ex
officio member thereof as may appear to it to be necessary, and such
directions shall have effect, notwithstanding anything contained in the
rules made by the State Bar Council.

-  

- Sec. 49 - General power of the Bar Council of India to make rules.

- - The Bar Council of India may make rules for discharging its functions
under this Act, prescribing

- the conditions subject to which an Advocate may be entitled to vote at

an election to the State Bar Council including the qualifications or
disqualifications of voters, and the manner in which an electoral roll of
voters may be prepared and revised by a State Bar Council;

- (ab) qualification and disqualification for membership of a Bar Council;

- (ac) the time within which and the manner in which effect may be given
to the proviso to sub-section (2) of section 3;

- (ad) the manner in which the name of any Advocate may be prevented
from being entered in more than one State roll;

- (ae) the manner in which the seniority among Advocates may be

determined;
- (af) the minimum qualifications required for admission to a course of
degree in law in any recognised University;

- (ag) the class or category of persons entitled to be enrolled as

Advocates;

- (ah) the conditions subject to which an Advocate shall have the right to
practise and the circumstances under which a person shall be deemed to
practise as an Advocate in a court;

-  

- (b) the form in which an application shall be made for the transfer of the
name of an Advocate from one State roll to another;

- (c) the standards of professional conduct and etiquette to be observed

by Advocates;

- (d) the standards of legal education to be observed by Universities in

India and the inspection of Universities for that purpose;

- (e) the foreign qualifications in law obtained by persons other than

citizens of India which shall be recognised for the purpose of admission
as an Advocate under this Act;

- (f) the procedure to be followed by the disciplinary committee of a State

Bar Council and by its own disciplinary committee;

- (g) the restrictions in the matter of practice to which Senior Advocates

shall be subject;

- (gg) the form of dresses or robes to be worn by Advocates,

- (h) the fees which may be levied in respect of any matter under this Act;

- (i) general principles for guidance of State Bar Councils and the manner
in which directions issued or orders made by the Bar Council of India
may be enforced;

- (j) any other matter which may be prescribed:

-
- Sec. 49A - Power of Central Government to make rules.

- The Central Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act including rules with
respect to any matter for which the Bar Council of India or a State Bar
Council has power to make rules.

- (2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for:

- qualification/disqualification for membership of a Bar Council

- the manner in which the Bar Council of India may exercise supervision
and control over State Bar Councils and the manner in which the
directions issued or orders made by the Bar Council of India may be
enforced

- (c) the class or category of persons entitled to be enrolled as Advocates

under this Act

- (d) the category of persons who may be exempted from undergoing a

course of training and passing an examination prescribed under
clause(d) of sub-section (1) of section 24

- (e) the manner in which seniority among Advocates may be determined

- (f) the procedure to be followed by a disciplinary committee of a Bar

Councils in hearing cases and appeals;

- (g) any other matter which may be prescribed.

- (3) Rules under this section may be made either for the whole of India or
for all or any of the Bar Councils.

- (4) If any provision of a rule made by a Bar Council is repugnant to any

provision of a rule made by the Central Government under this section,
then, the rule under this section, whether made before or after the rule
made by the Bar Council, shall prevail and the rule made by the Bar
Council shall, to the extent of the repugnancy, be void.
- (5) Every rule made under this section shall be laid before each House of
Parliament, while it is in session, for a total period of thirty days, both
Houses agree in making any modification or not in the rule, shall
thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.

- CHAPTER VII - TEMPORARY AND TRANSITIONAL PROVISIONS

- Sec. 53 - Elections to first State Bar Council.

- Sec. 54 - Term of office of members of first State Bar Councils

- Sec. 56 - Dissolution of existing Bar Councils.

- Sec. 57 – Power to make rules pending the consituion of the Bar

Council

- Sec. 58 - Special provisions during the transitional period.

- Sec. 58A - Special provisions with respect to certain Advocates.

- Sec. 58AA - Special provisions in relation to the Union territory of

Pondicherry.

- Sec. 58AB - Special provisions with respect to certain persons enrolled

by Karnataka State Bar Council.

- Sec. 58AC - Special provisions with respect to certain persons enrolled

by Uttar Pradesh State Bar Council

- Sec. 58AD - Special provisions with respect to certain persons migrating

to India.

- Sec. 58AE - Special provisions in relation to the Union territory of Goa,

Daman and Diu

- Sec. 58AF - Special provisions in relation to Jammu and Kashmir

- Sec. 58AG - Special provisions in relation to articled

- clerks
- Sec. 58B - Special provision relating to certain disciplinary proceedings

- Sec. 59 - Removal of difficulties

- Sec. 60 - Powers of Central Government to make rules