Civil Law and Procedure
The Advocates Act, 1961
Act 25 of 1961 · 85 sections
Practise questions on Professional Ethics & BCI Rules
Title, date and preamble
[19th May, 1961.]
An Act to amend and consolidate the law relating to the 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:―
Contents
CHAPTER I PRELIMINARY
CHAPTER II BAR COUNCILS
- 3.State Bar Councils
- 4.Bar Council of India
- 5.Bar Council to be body corporate
- 6.Functions of State Bar Councils
- 7.Functions of Bar Council of India
- 7A.Membership in international bodies
- 8.Term of office of members of State Bar Council
- 8A.Constitution of Special Committee in the absence of election
- 9.Disciplinary committees
- 9A.Constitution of legal aid committees
- 10.Constitution of committees other than disciplinary committees
- 10A.Transaction of business by Bar Councils and committees thereof
- 10B.] Disqualification of members of Bar Council
- 11.Staff of Bar Council
- 12.Accounts and Audit
- 13.Vacancies in Bar Council and committees thereof not to invalidate action taken
- 14.Election to Bar Councils not to be questioned on certain grounds
- 15.Power to make rules
CHAPTER III ADMISSION AND ENROLMENT OF ADVOCATES
- 16.Senior and other advocates
- 17.State Bar Councils to maintain roll of advocates
- 18.Transfer of name from one State roll to another
- 19.State Bar Councils to send copies of rolls of advocates to the Bar Council of India
- 20.Special provision for enrolment of certain Supreme Court advocates
- 21.Disputes regarding seniority
- 22.Certificate of enrolment
- 23.Right of pre-audience
- 24.Persons who may be admitted as advocates on a State roll
- 24A.Disqualification for enrolment
- 25.Authority to whom applications for enrolment may be made
- 26.Disposal of applications for admission as an advocate
- 26A.Power to remove names from roll
- 27.Application once refused not to be entertained by another Bar Council except in certain circumstances
- 28.Power to make rules
CHAPTER IV RIGHT TO PRACTISE
CHAPTER V CONDUCT OF ADVOCATES
- 35.Punishment of advocates for misconduct
- 36.Disciplinary powers of Bar Council of India
- 36A.Changes in constitution of disciplinary committees
- 36B.Disposal of disciplinary proceedings
- 37.Appeal to the Bar Council of India
- 38.Appeal to the Supreme Court
- 39.Application of sections 5 and 12 of Limitation Act, 1963
- 40.Stay of order
- 41.Alteration in roll of advocates
- 42.Powers of disciplinary committee
- 42A.Powers of Bar Council of India and other committees
- 43.Cost of proceedings before a disciplinary committees
- 44.Review of orders by disciplinary committee
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.Payment of part of enrolment fees to the Bar Council of India
- 46A.Financial assistance to State Bar Council
- 47.Reciprocity
- 48.Indemnity against legal proceedings
- 48A.Power of revision
- 48AA.Review
- 48B.Power to give directions
- 49.General power of the Bar Council of India to make rules
- 49A.Power of Central Government to make rules
- 50.Repeal of certain enactments
- 51.Rule of construction
- 52.Saving
CHAPTER VII TEMPORARY AND TRANSITIONAL PROVISIONS
- 53.Elections to first State Bar Council
- 54.Term of office of members of first State Bar Councils
- 55.Rights of certain existing legal practitioners not affected
- 56.Dissolution of existing Bar Councils
- 57.Power to make rules pending the constitution of a Bar Council
- 58.Special provisions during the transitional period
- 58A.Special provisions with respect to certain advocates
- 58AA.Special provisions in relation to the Union territory of Pondicherry
- 58AB.Special provisions with respect to certain persons enrolled by Mysore State Bar Council
- 58AC.Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council
- 58AD.Special provisions with respect to certain persons migrating to India
- 58AE.Special provisions in relation to the Union territory of Goa, Daman and Diu
- 58AF.Special provisions in relation to Jammu and Kashmir
- 58AG.Special provisions in relation to articled clerks
- 58B.Special provision relating to certain disciplinary proceedings
- 59.Removal of difficulties
- 60.Power of Central Government to make rules
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.