ADVOCATES ACT, 1961
CHAPTER III
CHAPTER IV
V
VI
51.
53.
55.
56.
57.
58.
58A.
58AE.
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
58AG.
ADVOCATES’ WELFARE FUND ACT, 2001
CHAPTER II
CHAPTER III
ESTABLISHMENT OF TRUSTEE COMMITTEE
4. Establishment of Trustee Committee
5. Disqualifications and removal of Chairperson or Member of Trustee Committee
6. Resignation by nominated Chairperson and Members of Trustee Committee and filling up of casual vacancy
7. Vacancies, etc., not to invalidate proceedings of Trustee Committee
8. Meetings of Trustee Committee
9. Travelling and daily allowances to nominated Chairperson and Members of Trustee Committee
15. Payment of certain monies to Fund by State Bar Council
CHAPTER IV
RECOGNITION OF ANY ASSOCIATION OF ADVOCATES
16. Recognition by a State Bar Council of any association of advocates
17. Duties of State Bar Associations and State Advocates’ Associations
CHAPTER V
21. Payment of amount on cessation of practice
22. Restriction on alienation, attachment, etc., of interest of member in Fund 82
23. Exemption from income-tax 82
24. Group Life Insurance for members of Fund and other benefits 82
25. Appeal against decision or order of Trustee Committee 83
CHAPTER VI
PRINTING, DISTRIBUTION AND CANCELLATION OF STAMPS
26. Printing and distribution of Advocates’ Welfare Fund Stamps by State Bar Council 84
27. Vakalatnama to bear stamps 84
CHAPTER VII MISCELLANEOUS
28.
29.
persons
30. Bar of jurisdiction of civil courts
31.
32.
33.
35.
36.
37.
ADVOCATES (RIGHT TO TAKE UP LAW TEACHING) RULES, 1979
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: DateProvisions Notification
16-8-1961Chapters I, II and VII.
S.O. 1870, dated 7-9-1961. 1-12-1961Chapter III and section 50(2).S.O. 2790, dated 24-11-1961. 15-12-1961Section 50(1). S.O. 2919, dated 13-12-1961. 24-1-1962Sections 51 and 52.
S.O. 958, dated 29-3-1962.
S.O. 297, dated 24-1-1962. 29-3-1962Section 46.
(Contd. on p. 2)
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)
4-1-1963Section 32 and Chapter VI [except section 46, sub-sections (1) and (2) of section 50, sections 51 and 52.]
S.O. 50, dated 4-1-1963.
1-9-1963Chapter V.S.O. 2509, dated 31-8-1963.
10-6-1968In the Union territory of Pondicherry, Chapters I, II and III, section 32, Chapters IV, V, VI, VII and VIII.
1-6-1969Sections 29, 31, 33 and 34 of Chapter IV.
1-6-1969In the Union territory of Goa, Daman and Diu except section 30.
1-8-1986 In the State of Jammu and Kashmir except section 30.
1-4-2005In the State of Sikkim except section 30.
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.
15-6-2011Section 30.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].
COMMENTS
SECTION NOTES
2.1 “Advocate” [Section 2(1)(a)]
Refers to any individual who is enrolled in the roll of advocates maintained by any State Bar Council under the provisions of this Act. [See Clauses (a) and (b) of sub-section (1) of Section 6]
There shall be two classes of advocates: senior advocates and others. [Subsection (1) of Section 16]
Advocates are the only recognised class of persons entitled to practise law. [See Sections 29, 32 and 33]
2.2 “Bar Council” [Section 2(1)(d)]
Refers to a Bar Council established under this Act.
There are two types of Bar Councils under this Act: the Bar Council of India and State Bar Councils
2.3 “Bar Council of India” [Section 2(1)(e)]
This is the apex regulatory body constituted under section 4 of the Act.
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.
*Goa is now a State.
