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Advocates Act, 1961

Advocates Act, 1961

  • ₹90.00

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  • Author(s): Bare Act
  • Edition: Current Year
  • Approx. Pages 96 + Contents
  • Format Paperback
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Description
•  Model Schemes for Welfare of Advocates Framed by Bar Council of India
•  The Bar Council of India Advocates Welfare Scheme, 1998
•  The Advocates (Right to Take up Law Teaching) Rules, 1979
•  The Certificate and Place of Practice (Verification) Rules, 2015
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Contents
The Advocates Act, 1961
Chapter I - Preliminary
1.    Short title, extent and commencement
2.    Definitions
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.    Constitution of Special Committee in the absence of election 
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
29.  Advocates to be the only recognised class of persons entitled to practise law
30.  Right of Advocates to Practise
31.  [Repealed]
32.  Power of Court to permit appearances in particular cases 
33.  Advocates alone entitled to practise
34.  Power of High Courts to make rules
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 committee
44.  Review of orders by disciplinary committee
Chapter VI - Miscellaneous
45.  Penalty for persons illegally practising in courts and before other authorities contents
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 Council
55.  Rights of certain existing legal practitioners not affected
56.  Dissolution of existing Bar Council
57.  Power to make rules pending the constitution of a Bar Council
58.  Special provisions during the transitional period  
5 8A.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.  Powers of Central Government to make rules
The Schedule
THE ADVOCATES' WELFARE FUND ACT, 2001
1. Short title, extent and commencement
2. Definitions
Chapter II CONSTITUTION OF ADVOCATES' WELFARE FUND
3. Advocates'Welfare Fund
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 1'rus.tee Committee
8. Meetings of Trustee Committee
9. Travelling and daily allowances to nominated Chairperson and Members of Trustee Committee
10. Vesting and application of Fund
11. Functions of Trustee Committee
12. Borrowing and investment
13. Accounts and audit
14. Powers and duties of Secretary
15. Payment of certain monies to Fund by State Bar Council
Chapter IV RECOGNITION OF ANY ASSOCIATE 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 MEMBERSHIP AND PAYMENT OUT OF ADVOCATES' WELFARE FUND
18. Membership in Fund
19. Exgrntia grant to a member of Fund
20.  Review
21. Payment of amount on cessation of practice
22. Restriction on alienation, attachment, etc., of interest of member in Fund
23. Exemption from income tax
24. Group Life Insurance for members of Fund and other benefits
25. Appeal against decision or order of Trustee Committee
Chapter VI PRINTING, DISTRIBUTION AND CANCELLATION OF STAMPS
26. Printing and distribution of Advocates'Welfare Fund Stamps by State Bar Council
27. Vakalatnama to bear stamps
Chapter VII MISCELLANEOUS
28. Certain persons not to be eligible for benefits
29. Protection of action taken in good faith
30. Bar of jurisdiction of Civil Court
31. Power to summon witnesses and take evidence
32. Power to amend Schedules I and II
33. Power of appropriate Government to issue directions
34. Power of appropriate Government to supersede Trustee Committee
35. Power of Central Government to make rules
36. Power of State Government to make rules
37. Rules and notifications to be laid before Parliament or State Legislature  
• Model Schemes for Welfare of Advocates Framed by Bar Council of India
• The Bar Council of India Advocates Welfare Scheme, 1998
• THE ADVOCATES (RIGHT TO TAKE UP LAW TEACHING) RULES, 1979

1. Short title and commencement
2. Definition
3. Right of practising Advocates to take up law teaching
•THE CERTIFICATE AND PLACE OF PRACTICE (VERIFICATION) RULES, 2015
Chapter I PRELIMINARY
1. Short title
2. Extent
3. Date of commencement
4. Definitions
5. Necessity of "Certificate of Practice"
Chapter II LOCAL BAR ASSOCIATIONS
6. Advocate to be a member of the Bar Association where he/she normally practices law
Chapter III
7.
Chapter IV APPLICATIONS/ORDERS/OBJECTION PETITION WITH RESPECT TO GRANT/ VERIFICATION OF CERTIFICATE AND PLACE OF PRACTICE
8. Application for verification of "Certificate to practice and place of Practice" by advocates enrolled on or before June 12, 2010
9. Application for verification of Certificate of Practice issued by State Bar Council
10. Delayed application with late fee
11. Delayed application for verification with penalty clause
12. Incomplete and faulty applications
13. Order on the application for verification of Certificate of Practice
14. Objection Petition
Chapter V FOLLOW UP ACTION
15.  Follow up action of order passed under rule 13
Chapter VI CONSEQUENCES OF ORDER U/R13 AND OF FAILURE TO MAKE APPLICATIONS
16. Consequence of dismissal of application under Rule 13 1". Consequences of failure to make application as stipulated by Rule 7 to 11
18. Follow up action against advocates who fail to respond and fall within the ambit of Rule 17 and publication of "list of defaulting  advocates"
19. Late Applications after publication under Rule 18
20. Consequences of failure to respond and publication of "list of non-practicing  Advocates"
21. Non-practicing Advocates as included in the list of
"non-practicing Advocates" not entitled to practice law and to other privileges and rights
Chapter VII UPDATING OF THE RECORD OF PRACTICING AND NON-PRACTISING ADVOCATES
22. Record with respect to practicing and non-practicing Advocates
23. Updating of the electoral rolls of the State Bar Council for the purposes of elections
Chapter VIII APPEAL, REVISION, ETC.
24. Appellate Tribunal
25. Appeal against order passed under Rule 13/Rule 20.2
26. Stay of operation of order passed under Rule 13 and Rule 19.2
27. Power of revision
Chapter IX RESUMPTION OF PRACTICE
28. Resumption of practice
Chapter X PROCESS FEE FUND
29. The Verification/Process Fee Fund
Chapter XI MISCELLENOUS
30. Removal of difficulties
31. Regulatory powers
32. Power of Bar Council of India to form ad hoc Committees
33. Saving clause
34. Repeal of all Resolutions/Rules passed/framed either by any State Bar Council or by Bar Council of India
35.
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