Difference between revisions of "Advocates Act"

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==Notable sections==
 
==Notable sections==
 
===7. Functions of Bar Council of India.===
 
===7. Functions of Bar Council of India.===
The functions of the Bar Council of India shall be --
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<blockquote>The functions of the Bar Council of India shall be --
  
 
:(b) to lay down standards of professional conduct and etiquette for advocates;
 
:(b) to lay down standards of professional conduct and etiquette for advocates;
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:(e) to promote and support law reform;
 
:(e) to promote and support law reform;
 
:(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
 
:(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
:(g) to exercise general supervision and control over State BarCouncils;
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:(g) to exercise general supervision and control over State Bar Councils;
 
:(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;
 
:(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;
:(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities 3(or cause the State Bar Councils to visit and inspect  Universities  in  accordance  with  such directions as it may give in this behalf);
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:(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities (or cause the State Bar Councils to visit and inspect  Universities  in  accordance  with  such directions as it may give in this behalf);
 
:(ia)  to conduct seminars and organize talks on legal topics by  eminent  jurists  and  publish  journals  and  papers  of  legal interest;
 
:(ia)  to conduct seminars and organize talks on legal topics by  eminent  jurists  and  publish  journals  and  papers  of  legal interest;
 
:(ib) to organise legal aid to the poor in the prescribed manner;
 
:(ib) to organise legal aid to the poor in the prescribed manner;
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:(l) to perform all other functions conferred on it by or under this Act.
 
:(l) to perform all other functions conferred on it by or under this Act.
 
:(m)  to  do  all  other  things  necessary  for  discharging  the aforesaid functions;
 
:(m)  to  do  all  other  things  necessary  for  discharging  the aforesaid functions;
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</blockquote>
  
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===Ban on foreign lawyers in India===
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<blockquote>
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24. Persons who may be admitted as advocates on a State roll
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(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:—
 +
 +
:(a) he is a citizen of India:
 +
::Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, arepermitted to practise law in that other country;
 +
:(b) he has completed the age of twenty-one years;
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:(c) he has obtained a degree in law— [...]
 +
:(e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; [...]
 +
 +
47.  Reciprocity.—
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:(1)  Where  any  country,  specified  by  the Central Government in this behalf by notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the profession of law in India.
 +
:(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribed the conditions, if any, subject to which foreign  qualifications  in  law  obtained  by  persons  other  than citizens of India shall be recognised for the purpose of admission as an advocate under this Act.</blockquote>
 +
 +
===24A. Disqualification for enrolment.===
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<blockquote>(1) No person shall be admitted as an advocate on a State roll—
 +
:(a) if he is convicted of an offence involving moral turpitude;
 +
:(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);
 +
:(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
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[...] Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be, removal.</blockquote>
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===Chapter IV: Right to Practice===
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<blockquote>29. Advocates to be the only recognised class of persons entitled to practise law.— Subject to the provisions of this Act and  any  rules  made  thereunder,  there  shall,  as  from  the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. [...]
 +
 +
32.  Power  of  Court  to  permit  appearances  in  particular cases.— Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.
 +
 +
33. Advocates alone entitled to practise.— Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.
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</blockquote>
 +
 +
===Chapter V: Conduct of Advocates===
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<blockquote>35. Punishment of advocates for misconduct.— (1) Where on receipt  of  a  complaint  or  otherwise  a  State  Bar  Council  has reason to believe that any advocate on its roll has been guilty of professional  or  other  misconduct,  it  shall  refer  the  case  for disposal to its disciplinary committee. [...]</blockquote>
 +
 +
The state bar councils have the power to dismiss the complaint or direct that proceedings be filed by the state bar council, to reprimand the advocate, to suspend the advocate from practice for whatever period it deems fit, and/or to remove the advocate from the state roll.
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 +
<blockquote>
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37.  Appeal  to  the  Bar  Council  of  India.— (1)  Any  person aggrieved by an order of the disciplinary committee of a State Bar Council made (under section 35) (or the Advocate General of the State) may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India.</blockquote>
 +
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(And subsequent appeal to the Supreme Court under section 38.)
 +
 +
===Chapter VI: Miscellaneous===
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<blockquote>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.</blockquote>
  
 
==References==
 
==References==

Latest revision as of 08:05, 15 October 2013

The Advocates Act, 1961, governs the legal profession in India, its constitution and its regulator, the Bar Council of India<ref>The Advocates Act, 1961, via Bar Council of India</ref>.

Notable sections[edit]

7. Functions of Bar Council of India.[edit]

The functions of the Bar Council of India shall be --

(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;
(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities (or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf);
(ia) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act.
(m) to do all other things necessary for discharging the aforesaid functions;

Ban on foreign lawyers in India[edit]

24. Persons who may be admitted as advocates on a State roll (1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:—

(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, arepermitted to practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law— [...]
(e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; [...]

47. Reciprocity.—

(1) Where any country, specified by the Central Government in this behalf by notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the profession of law in India.
(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribed the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognised for the purpose of admission as an advocate under this Act.

24A. Disqualification for enrolment.[edit]

(1) No person shall be admitted as an advocate on a State roll—

(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);
(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.

[...] Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be, removal.

Chapter IV: Right to Practice[edit]

29. Advocates to be the only recognised class of persons entitled to practise law.— Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. [...]

32. Power of Court to permit appearances in particular cases.— Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

33. Advocates alone entitled to practise.— Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.

Chapter V: Conduct of Advocates[edit]

35. Punishment of advocates for misconduct.— (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. [...]

The state bar councils have the power to dismiss the complaint or direct that proceedings be filed by the state bar council, to reprimand the advocate, to suspend the advocate from practice for whatever period it deems fit, and/or to remove the advocate from the state roll.

37. Appeal to the Bar Council of India.— (1) Any person aggrieved by an order of the disciplinary committee of a State Bar Council made (under section 35) (or the Advocate General of the State) may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India.

(And subsequent appeal to the Supreme Court under section 38.)

Chapter VI: Miscellaneous[edit]

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.

References[edit]

<references>



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