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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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14. Appeal.
Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from any judgment, decree or final order or interim order of a single Judge of the High Court under this Act to a Division Bench of the High Court.
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15. Transfer of proceedings by Supreme Court.
The Supreme Court may on an application of any party, transfer, at any stage, any admiralty proceeding from one High Court to any other High Court and the latter High Court shall proceed to try, hear and determine the matter from the stage at which it stood at the time of transfer:
Provided that no such proceeding shall be transferred unless parties to the proceeding have been given an opportunity of being heard in the matter.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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16. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following matters, namely:-
(a) the qualification, experience, nature of duties and fee to be paid to the assessors and other ancillary or incidental matters under sub-section(1) of section 13;
(b) the practice and procedure of admiralty jurisdiction under this Act including fees, costs and expenses in such proceedings; and
(c) any other matter which is required to be, or may be, prescribed.
(3) Until rules are made under sub-section (2) by the Central Government, all rules for the time being in force governing the exercise of admiralty jurisdiction in the High Courts shall be applicable.
(4) Every rule made under this Act shall be laid, as soon as may be after the rule is made, or notification issued before each House of Parliament while it is in session for a total period of thirty days comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 or notification.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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17. Repeal and savings.
(1) The application in India of the following enactments are hereby repealed-
(a) the Admiralty Court Act, 1840 (3 and 4 Vict., c. 65);
(b) the Admiralty Court Act, 1861 (24 and 25 Vict., c. 10);
(c) the Colonial Courts of Admiralty Act, 1890 (53 and 54 vict., c. 27);
(d) the Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891); and
(e) the provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
(2) Notwithstanding the repeal, all admiralty proceedings pending in any High Court immediately before the commencement of this Act shall continue to be adjudicated by such court in accordance with the provisions of this Act.
(3) Anything done or any action taken, under the provisions of the repealed enactments, shall in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of the Act as if the said provisions were in force when such thing was done or such action was taken and shall continue to be in force accordingly until superseded by anything done or any action taken under this Act or rules made thereunder.
(4) Any rule, regulation, bye-law made or order or notice issued under the repealed enactments, shall so far as it is not inconsistent with the provisions of this Act or rules made thereunder be deemed to have been done or taken under the corresponding provisions of this Act.
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18. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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2. Definitions.
(1) In this Act,-
(a) "admiralty jurisdiction" means the jurisdiction exercisable by a High Court under section 3, in respect of maritime claims specified under this Act;
(b) "admiralty proceeding" means any proceeding before a High Court, exercising admiralty jurisdiction;
(c) "arrest" means detention or restriction for removal of a vessel by order of a High Court to secure a maritime claim including seizure of a vessel in execution or satisfaction of a judgment or order;
(d) "goods" means any property including live animals, containers, pallets or such other articles of transport or packaging or luggage irrespective of the fact whether such property is carried, on or under the deck of a vessel;
(e) "High Court", in relation to an admiralty proceeding, means any of the High Court of Calcutta, High Court of Bombay, High Court of Madras, High Court of Karnataka, High Court of Gujarat, High Court of Orissa, High Court of Kerala, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh or any other High Court, as may be notified by the Central Government for the purposes of this Act;
(f) "maritime claim" means a claim referred to in section 4;
(g) "maritime lien" means a maritime claim against the owner, demise charterer, manager or operator of the vessel referred to in clauses (a) to (e)of sub-section (1) of section 9, which shall continue to exist under sub-section (2) of that section;
(h) "notification" means a notification published in the Official Gazette;
(i) "port" shall have the same meaning as assigned to it in the Indian Ports Act, 1908 (15 of 1908);
(j) "prescribed" means prescribed by rules made by the Central Government under this Act;
(k) "territorial waters" shall have the same meaning as assigned to it in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976); and
(l) "vessel" includes any ship, boat, sailing vessel or other description of vessel used or constructed for use in navigation by water, whether it is propelled or not, and includes a barge, lighter or other floating vessel, a hovercraft, an off-shore industry mobile unit, a vessel that has sunk or is stranded or abandoned and the remains of such a vessel.
Explanation.-A vessel shall not be deemed to be a vessel for the purposes of this clause, when it is broken up to such an extent that it cannot be put into use for navigation, as certified by a surveyor.
(2) The words and expressions used herein but not defined and defined in the Merchant Shipping Act, 1958 (44 of 1958) shall have the meanings respectively assigned to them in that Act.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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3. Admiralty jurisdiction.
Subject to the provisions of sections 4 and 5, the jurisdiction in respect of all maritime claims under this Act shall vest in the respective High Courts and be exercisable over the waters up to and including the territorial waters of their respective jurisdictions in accordance with the provisions contained in this Act:
Provided that the Central Government may, by notification, extend the jurisdiction of the High Court up to the limit as defined in section 2 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976).
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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4. Maritime claim.
(1) The High Court may exercise jurisdiction to hear and determine any question on a maritime claim, against any vessel, arising out of any-
(a) dispute regarding the possession or ownership of a vessel or the ownership of any share therein;
(b) dispute between the co-owners of a vessel as to the employment or earnings of the vessel;
(c) mortgage or a charge of the same nature on a vessel;
(d) loss or damage caused by the operation of a vessel;
(e) loss of life or personal injury occurring whether on land or on water, in direct connection with the operation of a vessel;
(f) loss or damage to or in connection with any goods;
(g) agreement relating to the carriage of goods or passengers on board a vessel, whether contained in a charter party or otherwise;
(h) agreement relating to the use or hire of the vessel, whether contained in a charter party or otherwise;
(i) salvage services, including, if applicable, special compensation relating to salvage services in respect of a vessel which by itself or its cargo threatens damage to the environment;
(j) towage;
(k) pilotage;
(l) goods, materials, perishable or non-perishable provisions, bunker fuel, equipment (including containers), supplied or services rendered to the vessel for its operation, management, preservation or maintenance including any fee payable or leviable;
(m) construction, reconstruction, repair, converting or equipping of the vessel;
(n) dues in connection with any port, harbour, canal, dock or light tolls, other tolls, waterway or any charges of similar kind chargeable under any law for the time being in force;
(o) claim by a master or member of the crew of a vessel or their heirs and dependents for wages or any sum due out of wages or adjudged to be due which may be recoverable as wages or cost of repatriation or social insurance contribution payable on their behalf or any amount an employer is under an obligation to pay to a person as an employee, whether the obligation arose out of a contract of employment or by operation of a law (including operation of a law of any country) for the time being in force, and includes any claim arising under a manning and crew agreement relating to a vessel, notwithstanding anything contained in the provisions of sections 150 and 151 of the Merchant Shipping Act, 1958 (44 of 1958);
(p) disbursements incurred on behalf of the vessel or its owners;
(q) particular average or general average;
(r) dispute arising out of a contract for the sale of the vessel;
(s) insurance premium (including mutual insurance calls) in respect of the vessel, payable by or on behalf of the vessel owners or demise charterers;
(t) commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the vessel owner or demise charterer;
(u) damage or threat of damage caused by the vessel to the environment, coastline or related interests; measures taken to prevent, minimise, or remove such damage; compensation for such damage; costs of reasonable measures for the restoration of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; or any other damage, costs, or loss of a similar nature to those identified in this clause;
(v) costs or expenses relating to raising, removal, recovery, destruction or the rendering harmless of a vessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such vessel, and costs or expenses relating to the preservation of an abandoned vessel and maintenance of its crew; and
(w) maritime lien.
Explanation.- For the purposes of clause (q), the expressions "particular average" and "general average" shall have the same meanings as assigned to them in sub-section (1) of section 64 and sub-section (2) of section 66 respectively of the Marine Insurance Act, 1963 (11 of 1963).
(2) While exercising jurisdiction under sub-section (1), the High Court may settle any account outstanding and unsettled between the parties in relation to a vessel, and direct that the vessel, or any share thereof, shall be sold, or make such other order as it may think fit.
(3) Where the High Court orders any vessel to be sold, it may hear and determine any question arising as to the title to the proceeds of the sale.
(4) Any vessel ordered to be arrested or any proceeds of a vessel on sale under this Act shall be held as security against any claim pending final outcome of the admiralty proceeding.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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5. Arrest of vessel in rem.
(1) The High Court may order arrest of any vessel which is within its jurisdiction for the purpose of providing security against a maritime claim which is the subject of an admiralty proceeding, where the court has reason to believe that-
(a) the person who owned the vessel at the time when the maritime claim arose is liable for the claim and is the owner of the vessel when the arrest is effected; or
(b) the demise charterer of the vessel at the time when the maritime claim arose is liable for the claim and is the demise charterer or the owner of the vessel when the arrest is effected; or
(c) the claim is based on a mortgage or a charge of the similar nature on the vessel; or
(d) the claim relates to the ownership or possession of the vessel; or
(e) the claim is against the owner, demise charterer, manager or operator of the vessel and is secured by a maritime lien as provided in section 9.
(2) The High Court may also order arrest of any other vessel for the purpose of providing security against a maritime claim, in lieu of the vessel against which a maritime claim has been made under this Act, subject to the provisions of sub-section (1):
Provided that no vessel shall be arrested under this sub-section in respect of a maritime claim under clause (a) of sub-section (1) of section 4.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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6. Admiralty jurisdiction in personam.
Subject to section 7, the High Court may exercise admiralty jurisdiction by action in personam in respect of any maritime claim referred to in clauses (a)to (w) of sub-section (1) of section 4.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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7. Restrictions on actions in personam in certain cases.
(1) Where any maritime claim arising in respect of a damage or loss of life or personal injury arising out of any-
(i) collision between vessels,
(ii) the carrying out of or omission to carry out, a manoeuvre in the case of one or more vessels,
(iii) non-compliance, on the part of one or more vessels, with the collision regulations made in pursuance of section 285 of the Merchant Shipping Act, 1958 (44 of 1958), the High Court shall not entertain any action under this section against any defendant unless-
(a) the cause of action, wholly or in part, arises in India; or
(b) the defendant, at the time of commencement of the action by the High Court, actually and voluntarily resides or carries on business or personally works for gain in India:
Provided that an action may be entertained in a case, where there are more defendants than one and where one of the defendants who does not actually and voluntarily reside or carry on business or personally work for gain in India is made a party to such action either with the leave of the court, or each of the defendants acquiesces in such action.
(2) The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside India against the same defendant in respect of the same incident or series of incidents have been discontinued or have otherwise come to an end.
(3) The provisions of sub-section (2) shall apply to counter-claims as they apply to actions except counter-claims in proceedings arising out of the same incident or series of incidents.
(4) A reference to the plaintiff and the defendant for the purpose of sub-section (3) shall be construed as reference to the plaintiff in the counter-claim and the defendant in the counter-claim respectively.
(5) The provisions of sub-sections (2) and (3) shall not apply to any action or counter-claim if the defendant submits or agrees to submit to the jurisdiction of the High Court.
(6) Subject to the provisions of sub-section (2), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified, in clauses (a)and (b) of sub-section (1) is satisfied and any law for the time being in force relating to the service of process outside the jurisdiction shall apply.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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8. Vesting of rights on sale of vessels.
On the sale of a vessel under this Act by the High Court in exercise of its admiralty jurisdiction, the vessel shall vest in the purchaser free from all encumbrances, liens, attachments, registered mortgages and charges of the same nature on the vessel.
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Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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9. Inter se priority on maritime lien.
(1) Every maritime lien shall have the following order of inter se priority, namely
(a) claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
(b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;
(c) claims for reward for salvage services including special compensation relating thereto;
(d) claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel;
(e) claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel.
(2) The maritime lien specified in sub-section (1) shall continue to exist on the vessel notwithstanding any change of ownership or of registration or of flag and shall be extinguished after expiry of a period of one year unless, prior to the expiry of such period, the vessel has been arrested or seized and such arrest or seizure has led to a forced sale by the High Court:
Provided that for a claim under clause (a) of sub-section (1), the period shall be two years from the date on which the wage, sum, cost of repatriation or social insurance contribution, falls due or becomes payable.
(3) The maritime lien referred to in this section shall commence-
(a) in relation to the maritime lien under clause (a) of sub-section (1), upon the claimant's discharge from the vessel;
(b) in relation to the maritime liens under clauses (b) to (e) of sub-section (1), when the claim arises, and shall run continuously without any suspension or interruption:
Provided that the period during which the vessel was under arrest or seizure shall be excluded.
(4) No maritime lien shall attach to a vessel to secure a claim which arises out of or results from-
(a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants pursuant to any law for the time being inforce;
(b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste.
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Advocates (Amendment) Act, 1976
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1
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1. Short title and commencement.-
(1) This Act may be called the Advocates (Amendment) Act, 1976.
(2) Save as otherwise provided in this Act, it shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
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10. [Amendment of section 55.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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11. Transitional provisions.-
Every person holding office as-
(i) Chairman or Vice-Chairman of the Bar Council of India; or
(ii) Chairman or Vice-Chairman of any State Bar Council, immediately before the coming into force of section 4 or, as the case may be, section 3 of this Act shall cease to hold such office on such commencement.
1. 15th October, 1976, vide notification No. G.S.R. 837(E), dated 8th October, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(i).
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2. [Amendment of section 2.] Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 and the First Schedule (w.e.f. 31-3-1988).
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3. [Amendment of section 3.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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Advocates (Amendment) Act, 1976
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4. [Amendment of section 4.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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5. [Amendment of section 15.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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6. [Amendment of section 24.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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7. [Omission of section 31.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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Advocates (Amendment) Act, 1976
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8. [Amendment of section 24.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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9. [Substitution of new section for section 46.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).
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Advocates Act, 1961
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Advocates Act, 1961
Chapter I
PRELIMINARY
1. Short title, extent and commencement
Notification
1. This Act may be called the Advocates Act, 1961.
2. (Note: Subs. by Act 60 of 1973, Sec.2, for
sub-section (2) (w.e.f.31-1-1974)) It extends (Note The Act has been
extended to-The Union territory of Dadra & Nagar Haveli by Regulation 8 of
1963, The Union territory of Pondicherry by Act 26 of 1968, Sec.3 and Sch.)
to the whole of India.
3. It shall in relation to the territories other than those
referred to in sub section come into force on such date
(Note - The following are the Notifications by which
different dates have been appointed for different provisions of this Act:-
Notification Date Provisions
S.O.1870, dated 7th August, 1961 16/08/1961
Chapters I, II and VII.
S.O.2790, dated 24th November, 1961 01/12/1961
Chapter III and sub-section (2) of section 50.
S.O.2919, dated 13th December, 1961 15/12/1961
Sub-section (1) of section 50.
S.O.297, dated 24th January, 1962 24/01/1962
Sections 51 and 52.
S.O.958, dated 29th March, 1962 29/03/1962
Section 46.
S.O.50. dated 4th January, 1963 04/01/1963
Section 32 and chapter VI [except section 46, sub-section (1) and (2) of
section 50, sections 51and 52].
S.O.2509, dated 31st August, 1963 01/09/1963
Chapter V
S.O.1500, dated 5th April 1969 01/06/1969 Sections
29, 31, 33 and 34 of Chapter IV
In Pondicherry, Pondicherry Gazette, 10/06/1968 Chapters
I, II and III, Section 32,
Extra., p.1, dated 7th June, 1968 Chapters IV, V, VI and
VIII.)
As the Central Government may, by notification in the Official
Gazette, appoint, and different dates may be appointed for different provisions
of this Act.
4. (Note: Sub-section (4) Ins. by Act 60 of 1973, sec.2) This
Act shall, in relation to the State of Jammu and Kashmir (Note: 01/08/1979,
vide GSR 946 (E), dated 15/07/1986 (except section 30) the Act is enforced in
the State of Jammu & Kashmir) and the Union territory of Goa,, Daman
and Diu, come into force on such date (Note: 01/08/1986, vide GSR
84(E)/1979, (except section 30) the Act is enforced in Goa, Daman and Diu.)
as the Central Government may, by notification in the Official Gazette, appoint
in this behalf, and different dates may be appointed for different provisions
of this Act.
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Advocates Act, 1961
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Advocates Act, 1961
10. Constitution of committees other than disciplinary
committees.-
(1)A State Bar Council shall constitute the following standing
committees, namely;-
(a) an executive committee consisting of five
members elected by the Council from amongst its members;
(b) an enrolment committee consisting of three
members elected by the Council form amongst its members.
(2) The Bar Council of India shall constitute the following
standing committees, namely :--
(a) an executive committee consisting of nine
members elected by the Council from amongst its members;
(b) a 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.
(3) A State Bar Council and the Bar Council of India may
constitute from amongst its members such other committees as it may deem
necessary for the purposes of carrying out the provisions of this Act.
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Advocates Act, 1961
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Advocates Act, 1961
11. Staff of Bar Council.-
(1) Every Bar Council shall appoint a Secretary and may appoint
an accountant and such number of other persons on its staff as it may deem
necessary.
(2) The secretary and the accountant, if any, shall possess such
qualifications as may be prescribed.
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Advocates Act, 1961
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Advocates Act, 1961
12.Accounts and audit.-
(1) Every Bar Council shall cause to be maintained such books of
accounts and other books in such form and in such manner as manner as may be
prescribed.
(2) The accounts of a Bar council shall be audited by auditors
duly qualified to act as auditors of companies under the Companies Act, 1956 (1
of 1956), at such times and in such manner as may be prescribed.
(3) (Note:- Subs. by Act 60 of 1973, sec.11) As soon as
may be practicable at the end of each financial year, but not later than the
31st day of December of the year next following, a State Bar Council
shall send a copy of its accounts together with a copy of the report of the
auditors thereon to the Bar Council of India and shall cause the same to be
published in the Official Gazette.
(4) As soon as may be practicable at the end of each financial
year, but not later than the 31st day of December of the year next
following 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.
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Advocates Act, 1961
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Advocates Act, 1961
13. Vacancies in Bar Councils and Committees thereof not
to invalidate action taken.
No act done by a Bar Council or any committee thereof shall be called
in question on the ground merely of the existence of any vacancy in, or any
defect in the constitution of the council or committee, as the case may be.
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Advocates Act, 1961
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Advocates Act, 1961
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 thereat , if notice of the date has, not less than
thirty days before that date, been published in the Official Gazette.
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Advocates Act, 1961
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Advocates Act, 1961
15. Power to make rules,--
(1) A Bar Council may make rules to carry out the purposes of
this chapter.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for-
a. (Note:- Subs. by Act 60 of 1973,
sec.12) the election of members of the Bar Council by secret ballot
including the conditions subject to which persons can exercise the right to
vote by postal ballot , the preparation and revision of electoral rolls and the
manner in which the results of elections shall be published];
b.(Note:- Clause (b) omitted by Act 60 of
1973, sec.12)
c. (Note:- Clause (c) ins. by Act 38
of 1977, sec.5) the manner of election of the Chairman and the
Vice-Chairman of the Bar council];
d. The manner in which and the authority
by which doubts and disputes as to the validity of an election to the Bar
Council [ (Note:- Ins. by Act 38 of 1977, sec.5) or to the office of the
Chairman or Vice- Chairman] shall be finally decided;
e. (Note:- Clause (e) omitted by
Act 23 of 1966, sec.3)
f. The filling of casual
vacancies in the Bar Council ;
g. The power and duties of the
Chairman and the Vice- Chairman of the bar Council ;
(ga) (Note:- Clause (ga) and (gb) ins. by
Act 60 of 1973, sec.12) the constitution of one or more funds by a Bar
Council for the purpose of giving financial assistance or giving legal aid or
advice referred to in sub- section (2) of section 6 and sub- section (2) of
section 7;
(gb) Organization of legal aid and advice to the
poor, constitution and functions of committees and sub-committees for that
purpose and description of proceedings in connection with which legal aid or
advice may be given];
h. The summoning and holding of meetings
of the Bar Council, [***] the conduct of business thereat, and the number of
members necessary to constitute a quorum;
i. The constitution and functions
of any committee of the Bar council and the term of office of members of any
such committee;
j. The summoning and holding of
meetings, the conduct of business of any such committee, and the number of
members necessary to constitute a quorum;
k. The qualifications and the conditions
of service of the secretary, the accountant and other employees of the Bar
Council;
l. The maintenance of books
of accounts and other books by the Bar council;
m. The appointment of auditors and the
audit of the accounts of the Bar council;
n. The management and investment of
the funds of the Bar council
(3) 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.
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Advocates Act, 1961
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Advocates Act, 1961
Chapter III
16. Senior and other
advocates,--
(1) there shall be two
classes of advocates, namely , senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior
advocate if the Supreme Court or a High Court is of opinion that by virtue of
his ability[ standing at the Bar or special knowledge or experience in law] he
is deserving of such distinction.
(3) Senior advocates, shall in the matter of their practice, be
subject to such restrictions as the Bar Council of India may, in the interest
of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was senior advocate of
that Court immediately before the appointed day shall, for the purposes of this
section, be deemed to be a senior advocate ;
[ (Note:- Added by Act 21 of 1964, sec.8) Provided that
where any such senior advocate makes an application before the 31st
December, 1965, to the Bar council maintaining the roll in which his name has
been entered that he does not desire to continue as a senior advocate, the Bar
Council may grant the application and the roll shall be altered accordingly].
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Advocates Act, 1961
17. State Bar Councils to maintain roll of advocates-
(1) Every State Bar Council, shall prepare and maintain a roll
of advocates in which shall be entered the names and address of -
(a) all persons who were entered as advocates
on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of
1926) immediately before the appointed day [ (Note:- Subs. by Act 60 of 1973,
sec.14, for the work "and who within the prescribed time".) including
persons, being citizens of India, who before the 15th day of August,
1947, were enrolled as advocates under the said Act in any area which before
the said date was comprised within India as defined in the Government of India
Act, 1935, and who at any time] express an intention in the prescribed manner
to practice within the jurisdiction of the Bar Councils.
(b) all other persons who are admitted to be
advocates on the roll of the State Bar Council under this Act on or after the
appointed day.
(2) Each such roll of advocates shall consist of two parts, the
first part containing the names of senior advocates and the second part, the
names of other advocates.
(3) Entries in each part of the roll of advocates prepared and
maintained by a State Bar Council under this section shall be in the order of
seniority, [ (Note:- Subs. by Act 21 of 1964, sec.9, for the words "and,
such seniority shall be determined".) and, subject to any rule that
may be made by the Bar council of India in this behalf, such seniority shall be
determined] as follows-
a. The seniority of an advocate referred
to in clause (a) sub section (1) shall be determined in accordance with his
date of enrolment under the Indian Bar Council Act, 1926 (38 of 1926)
b. The seniority of any person who was a
senior advocate of the Supreme Court immediately before the appointed day,
shall, for the purpose of the first part of the State roll, be determined in
accordance with such principles as the Bar Council of India may specify.
c.(Note:- Clause (c) omitted by Act 60 of
1973, sec.14).
d. The seniority of any other person who, on
or after the appointed day, is enrolled as a senior advocate or is admitted as
an advocate shall be determined by the date of such enrolment or admission, as
the case may be .
e. (Note:- Ins. by Act 47
of 1980, sec.2) Notwithstanding anything contained in clause (a) the
seniority of an attorney enrolled (whether before or after the commencement of
the Advocates (Amendment) Act, 1980 as an advocate shall be determined in
accordance with the date of his enrolment as an attorney.
(4) no person shall be enrolled as an advocate on the roll of
more than one State Bar Council.
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18. Transfer of name from one State roll to another-
(1) Notwithstanding anything contained in section, 17 any person
whose name is entered as an advocate on the roll of any State Bar Council may
make an application in the prescribed form to the Bar Council of India for the
transfer of his name from the roll of that State Bar Council to the roll of any
other State Bar Council and, on receipt of any such application the Bar Council
of India shall direct that name of such person shall without the payment of any
fee, be removed from the roll of the first mentioned State Bar Council and
entered in the roll of the other State Bar Council and the State Bar Councils
concerned shall comply with such direction.
[ (Note:- Added by Act 21 of 1964, sec.10) Provided that
where any such application for transfer is made by a person, against whom any
disciplinary proceedings is pending or where for any other reason if appears to
the Bar Council of India that the application for transfer has not been made
bona fide and that the transfer should not be made, the Bar Council of India
may, after giving the person making the application an opportunity of making a
representation in this behalf, reject the application.]
(2) For the removal of doubts it is hereby declared that where
on an application made by an advocate under sub section (1) his name is
transferred from the roll of one State Bar Council to that of another, he shall
retain the same seniority in the latter roll to which he was entitled in the
former roll.
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Advocates Act, 1961
19. State Bar Councils to send copies of rolls of
advocates to the Bar Council of India-
Every State Bar Council shall send to the Bar Council of Indian
an authenticated copy of the roll of advocates prepared by it for the first
time under this Act and shall thereafter communicate to the Bar Council of
India all alterations in, the addition to, any such roll, as soon as the same
have been made.
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2. Definitions -
(1) (Note: - Section 2 renumbered as sub-section (1) thereof
by Act 60 of 1973, sec.2 (w.e.f. 31/07/1974) 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. (Note:
- Clause (C) omitted by Act 107 of 1976, section 2)
d. "Bar council" mean a Bar Council
constituted under this Act.
e. "Bar Council of India" mean
the Bar Council constituted under Section 4 for the territories to which this
Act extends.
f. (Note:
- Clause (f) omitted by Act 60 of 1973, sec.3)
g. "High Court" except in sub
section (1) (Note:- Ins. by Act 60 of 1973, sec.3) and sub section (1A)
of section 34 and in section 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.
(ii) in the case of the Bar council
constituted for Delhi [ (Note: - Subs. by Act 60 of 1973, sec.3) 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 (Note: - Subs. by Act No.107 of 1976, sec.2) (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" mean roll of
advocates prepared and maintained by a State Bar Council under Section 17.
(2) (Note:- Ins. by Act 60 of 1973, sec.2, Goa is now a
state, see Goa, Daman and Diu Reorganization Act,1987 (18 of 1987) sec.3
(w.e.f. 30/05/1987) Any reference in this Act to a law which is not in
force in the State of Jammu and Kashmir or in the Union territory of Goa, Daman
and Diu, shall in relation to that State or 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.)
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20. (Note:- Subs. by Act 60 of 1973, sec.15) Special provision for
enrolment of certain Supreme Courts Advocates -
(1) Notwithstanding anything contained in this Chapter, every
advocate who is entitled a of right to practice in the Supreme Court
immediately before the appointed day and whose name is not entered in any State
roll may, within the prescribed time, express his intention in the prescribed
form to the Bar Council of India for the entry of his name in the roll of a
State Bar Council and on receipt thereof the Bar Council of India shall direct
that the name of such advocate shall, without payment of any fee, be entered in
the roll of that State Bar Council, and the State Bar Council concerned shall
comply with such direction.
(2) Any entry in the State roll made in compliance with the
direction of Bar Council of India under sub-section (1) shall be made in the
order of seniority determined in accordance with the provisions of sub-section
(3) of section 17.
(3) Where an advocate referred to in sub-section (1) omits or
fails to express his intention within the prescribed time, his name shall be
entered in the roll of the State Bar Council of Delhi.
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21. Disputes regarding seniority-
(1) Where the date of seniority of two or more persons is the
same, the one senior in age shall be reckoned as senior to the other.
(2) [ (Note:- Subs. by Act 60 of 1973, sec.16) Subject as
aforesaid, if any dispute arises with respect to the seniority of any person,
it shall be referred to the State Bar Council concerned for decision.]
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22. [ (Note:- Subs. by Act 60 of 1973, sec.16) Certificate
of enrolment-
(1) There shall be issued a certificate of enrolment in the
prescribed form by the State Bar Council to every person whose name is entered
in the roll of advocates maintained by it under this Act.
(2). Every person whose name is so entered in the State roll
shall notify any change in the place of his permanent residence to the State
Bar Council concerned within ninety days of such change.]
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Advocates Act, 1961
23. Right of pre-audience-
(1) The Attorney General of India shall have pre-audience over
all other advocates.
(2) Subject to the provision of sub- section (1), the Solicitor
General of India shall have pre-audience over all other advocates.
(3) Subject to the provision of sub section (1) and (2), the
Additional Solicitor General of India shall have pre-audience over all other
advocates.
[(3A) (Note:- Ins. by Act 47 of 1980, sec.3) Subject to
the provision of sub-sections (1), (2), (3) the second Additional
Solicitor-General and (3A) the Advocate General of India shall have
pre-audience over all other advocates]
(4) Subject to the provisions of sub section (1), [ (Note:-
Subs. by Act 47 of 1980, sec.3, for the brackets, figures and work "(2)
and (3)" (2), (3) and (3A)] the Advocate-General of any State shall
have pre-audience over all other advocates, and the right of pre-audience among
Advocates General inter se shall be determined by their respective seniority.
(5) Subject as aforesaid-
(i) senior advocates shall have pre-audience
over other advocates and
(ii) the right of pre-audience over senior
advocates inter se and other advocates inter se shall be determined by their
respective seniority.
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24. Persons who may be admitted as advocates on a State
roll.-
(1) Subject to the provisions of this Act. And 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 the Act, 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 practice law in that other country.
b. he has completed the age of twenty-one
years.
c. he has obtained a degree in law-
i. before the [ (Note:- Subs. by
Act 60 of 1973, sec.18, for the words "28th day of
February,1963" 12th day of March, 1967] from any University
in the territory of India, or
ii. before the 15th August,
1947, from any University in any area which was comprised before that date
within India as defined by the Government of India Act, 1935, or
iii.[ Note:- Subs. by Act 60 of 1973,
sec.18, for clause (iii)) after the 12th day of March, 1967,
save as provided in sub clause after undergoing a three years course of study
in law from any University in India which is recognized for the purpose of this
Act by the Bar Council of India, or
(iiia) after undergoing a course of study in
law, the duration of which is not less than two academic years commencing from
the academic year 1967-98 or any earlier academic year from any University in
India which is recognized for the purpose of this Act by the Bar Council of
India, or]
[ (Note:- Subs. by Act 60 of 1973, sec.18,
for the words "he is a barrister".) he is barrister and is called
the Bar and on before the 31st day of December, 1976 [ (Note:-
Ins. by Act No.107 of 1976, sec.6) "or has passed the articled
clerks" examination or any other examination specified by the High Court
at Bombay or Calcutta for enrolment as an attorney of that High Court] or has
obtained such other foreign qualification in law as is recognized by the Bar
Council of India for the purpose of admission as an advocate under this Act.]
iv. (Note:- Ins. by Act 21 of 1964 sec.13) In
any other case, from any University outside the territory of India, if the
degree is recognized for the purpose of this Act by the Bar Council of India or
d. (Note:- Clause (d) omitted by Act 60 of
1973, sec.18)
e. he fulfills such other
conditions as may be specified in the rules made by the State Bar Council under
this Chapter.
f. (Note:- Clause (f)
subs. by Act 60 of 1973, sec.18) he has paid, in respect of the enrolment,
stamp duty, if any, chargeable under the Indian Stamp Act, 1899, and an
enrolment fee payable to the State Boar Council of [ (Note:- Subs. by Act 70
of 1993, sec.6) six hundred rupees and to the Bar Council of India, one
hundred and fifty rupees by way of a bank draft drawn in favor of that
Council.]
Provided that where such person is a member of the
Schedule Castes or the Scheduled Tribes and produces a certificate to the
effect from such authority as may be prescribed, the enrolment fee payable by
him to the State Bar Council shall be [ (Note:- Subs. by Act 70 of 1993,
sec.6) one hundred rupees and to the Bar Council of India, twenty-five
rupees.]
[Explanation - (Note:- Ins. by Act 14 of 1962, sec.2) For
the purpose of this sub-section, a person, shall be deemed to have obtained a
degree in law from a University in India on the date on which the results of
the examination for that degree are published by the University on its
notice-board or otherwise declaring him to have passed that examination.]
(2) Notwithstanding anything contained in sub-section (1) [ (Note:-
Subs. by Act 21 of 1964, sec.13, for certain words.) a vakil or a pleader
who is a law graduate] may be admitted as an advocate on a State roll , if he-
a. makes an application for such
enrolment in accordance with the provisions of this Act, not later than two
years from the appointed day, and
b. fulfills the conditions
specified in clauses (a), (b) and (f) of sub-section (1).
(3) [ (Note:- Sub-sections (3) and (4) ins. by Act 21 of 1964,
sec.13) Notwithstanding anything contained in sub-section (1) a person who-
a. (Note:- The words "before the
31st day of March,1964 and then in force" omitted by Act 33 of
1968, sec.2) has, for at least three years, been a vakil or a pleader or a
mukhtar or was entitled at any time to be enrolled under any law (Note:- The
words "before the 31st day of March,1964 and then in
force" omitted by Act 33 of 1968, sec.2) as an advocate of a High
Court (including a High Court of a former Part B State) or of a Court of
Judicial Commissioner in any Union territory, or
aa. [ (Note:- Sub-clause (aa) ins. by
Act 60 of 1973, sec.18) before the 1st day of December, 1961 was
entitled otherwise than as an advocate to practice the profession of law
(whether by way of pleading or acting or both) by virtue of the provisions of
any law, or who would have been so entitled had he not been in public service
on the said date or.
a. [ (Note:- Sub-clause
(b) omitted by Act 60 of 1973, sec.18)]
b. Court in any area which was comprised
within Burma as defined in the Government of India Act, 1935 or
c. is entitled to be enrolled as an
advocate under any rule made by the Bar Council of India in this behalf, may be
admitted as an advocate on a State roll if he-
(i) makes an application for such enrolment in
accordance with the provision s of this Act, and
i. fulfills the conditions
specified in clauses (a), (b), (e) and (f) of sub-section (1).
1. [ (Note:- Sub-section (4) omitted by Act 107 of 1976,
sec.6) ]
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25. Authority to whom applications for enrolment may be made
An application for admission as an advocate shall be made
in the prescribed form to the State Bar Council within whose jurisdiction the
applicant proposes to practice.
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Advocates Act, 1961
26. Disposal of an application for admission as an
Advocate -
(1) A State Bar Council shall refer every application for
admission as an advocate to is enrolment committee, and subject to the
provision of sub section (2) and (3), [ (Note:- Ins. by Act 21 of 1964,
sec.14) and to any direction that may be given in writing by the State Bar
Council in this behalf] such committee shall dispose of the application in the
prescribed manner.
[ (Note:- Proviso added by Act 21 of 1964, sec.14) Provided
that the Bar Council of India may, if satisfied, either on a reference made to
it in this behalf or otherwise, that any person has got his name entered on the
roll of advocates by misrepresentation as to an essential fact or by fraud or
undue influence, remove the name of such person from the roll of advocates
after giving him an opportunity of being heard.]
(2) Where the 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 ht refusal of the application.
(3) The enrolment committee of a State Bar Council shall dispose
of any application referred to the Bar Council of India under sub-section (2)
in conformity with the opinion of the Bar Council of India.
(4) [ (Note:- Ins. by Act 21 of 1964, sec.14) Where the
enrolment committee of a State Bar Council has refused any application for
admission as an advocate on its roll, the State Bar Council shall as soon as
may be, 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.]
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27. Application once refused not to be entertained by
another Bar Council except in certain circumstances-
Where a State Bar Council has refused 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 persons 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.
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Advocates Act, 1961
28. Power to make rules-
(1) A State Bar Council may make rules to carry out the purposes
of this chapter.
(2) In particular, and without prejudice to the generally of the
foregoing power, such rules may provide for-
a. [ (Note:- Clause (a) subs. by Act 60
of 1973, sec.21) 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 under Section 20.]
b. [(Note:- Clause (b) omitted by Act 60 of
1973, sec.21)]
c. the form in which an application
shall be made to the Bar Council for admission as an advocate on its roll an
the manner in which such application shall be disposed of by the enrolment
committee of the Bar Council
d. the conditions subject to which
a person may be admitted as an advocate on any such roll.
e. The installments in which the
enrolment fee may be paid
(3) No rules made under this Chapter shall have effect unless
they have been approved by the Bar Council of India
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Chapter IV
RIGHT TO PRACTICE
29. Advocates to be the only recognized class of persons
entitled practice law-
Subject to the provision of this Act an any rules made
thereafter, there shall, as from the appointed day, be only one class of persons
entitled to practice the profession of law, namely, advocates.
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Advocates Act, 1961
Chapter II
BAR COUNCILS
3. State Bar Councils-
(1) There shall be a Bar Council-
a. For each of the States of Andhra
Pradesh, Bihar, Gujarat, (Note:- Ins. by Act 60 of 1973, sec.4) (Jammu
and Kashmir), Madhya Pradesh, (Note:- The word "Madras" omitted by
Act 26 of 1968, sec.3 and Sch.) (Note: - The Word "Maharashtra"
omitted by the Dadar and Nagar Haveli (Civil Courts and Miscellaneous
Provisions) Regulations, 1963 (8 of 1963), sec.12) (Note: - Subs. by the Mysore
state (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974.)
Karnataka, Orissa, Rajasthan and Uttar Pradesh, to be known as the Bar
Council of that State.
b. ( Note:- Subs. by Act 69 of 1986,
sec.19, for clause (6) as earlier amended by Act 81 of 1971, sec.34 and Act 34
of 1986, sec.16) For the States of Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland, and Tripura to be known as the Bar Council of
Assam, Nagaland, Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh.
c. For the State of Kerala and the Union
territory of Lakshadweep, Minicoy and Amindivi islands to be known as the Bar
Council of Kerala.
(cc) (Note: Ins. by Act 26 of 1968, sec.3
and Sch.) For the (Note:- Subs. by the Madras State (Alteration of Name)
(Adaptation of Laws on Union Subjects) Order, 1970, for the words "State
of Madras" state of Tamil Nadu and the Union territory of Pondichery
to be known as the Bar Council of Madras.
ccc. (Note: - Subs. by Act 18 of 1987,
sec.21 for clause (ccc) as initially ins. by Regulation 8 of 1963, sec.12 and
referred by Act 26 of 1968, sec.3 and Sch. And subsequently amended by Act 60
of 1973, sec.4) For the State of Maharashtra and Goa, and the Union
territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar
Council of Maharashtra and Goa.
(d) (Note: - Subs. by Act 53 of 1970,
sec.24 for clause (d)) For the State of Punjab and Haryana, and the Union
territory of Chandigarh to be known as the Bar Council of Punjab and Haryana.
dd. For the State of Himachal Pradesh to
be known as the Bar Council of Himachal Pradesh.
(e) For the State of West Bengal and the [(
Note:- Subs. by Act 81 of 1971, sec.34, for "Union Territories of Tripura
and the Andaman and Nicobar Islands.") union territory of Andaman and
Nicobar islands] to be known as the Bar Council of West Bengal and
(f) for
the Union territory of Delhi to be known as the Bar Council of Delhi
(2) A State Bar Council shall consist of the following members,
namely:-
a. In the case of the State Bar
Council of Delhi, the Additional Solicitor General of India, ex officio [ (Note:-
Ins. by Act 60 of 1973, sec.4) in the case of the State Bar Council of
Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each
of the State of Assam, Nagaland, Meghalaya, Manipur and Tripura, ex officio,
inn the case of the State Bar Council Punjab and Haryana, ex officio] and in
the case of any other State Bar Council, the Advocate- General of the State.
b. (Note:- Subs. by Act 60 of
1973, sec.4) In the case of a State Bar Council with an electorate not exceeding
five thousand, fifteen members, in the case of a State Bar Council, with an
electorate exceeding five thousand but not exceeding ten thousand, twenty
members, and in the case of a State Bar Council with an electorate exceeding
ten thousand, twenty-five members, elected in accordance with the system of
proportional representation by means of the single transferable vote from
amongst advocates on the electoral roll of the State Bar Council.
(Note:- Ins. by Act 21 of 1964, sec.2) Provided that as nearly
as possible one half of such elected members shall, subject to any rules that
may be made in this behalf by the Bar Council of India, be persons who have for
at least ten years been advocates on a State roll, and in computing the said
period of ten years in relation to any such person, there shall be included any
period during which the person has been an advocate enrolled under the Indian
Bar Councils Act, 1926 (38 of 1926).
(3) (Note:- Subs. by Act 38 of 1977, sec.2, for clause (3) as
ins. by Act 107 of 1976, sec.3) There shall be a Chairman and a
Vice-Chairman of each State Bar Council elected by the Council in such manner
as may be prescribed.
(3-A) Every person holding office as Chairman or as
Vice-Chairman of any State Bar Council immediately before the commencement of
the Advocates (Amendment) Act, 1977, shall, on such commencement , cease to
hold office as Chairman or Vice-Chairman, as the case may be:
Provided that every such person shall continue to carry
on the duties of his office until the Chairman or the Vice-Chairman, as the
case may be, of each State Bar Council, elected after the commencement of the
Advocates (Amendment) Act, 1977, assumes charge of the office.]
(4) (Note:- Ins. by Act 21 of 1964, sec.2) An advocate
shall be disqualified from voting at an election under sub-section (2) or being
chosen as, and for being a member of a State Bar Council, unless he possesses
such qualifications or satisfies such conditions as may be prescribed in this
behalf by the Bar Council of India, and subject to any such rules that may be
made, an electoral roll shall be prepared and revised from time to tome by each
State Bar Council.
5. Nothing in the proviso to sub-section (2) shall affect the
term of office of any member elected before the commencement of the Advocates
(Amendment) Act, 1964 but every election after such commencement shall be held
in accordance with the provisions of the rules made by the Bar Council of India
to give effect to the said proviso.]
6. (Note Sub-clause (6) ins. by Act 60 of 1973, sec.4) Nothing
in clause (b) of sub-section (2) shall affect the representation of elected
members in any State Bar Council as constitute immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that
State Bar Council is reconstituted in accordance with the provisions of this
Act.]
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30. Right of
advocates to practice- Subject to provisions of this Act, advocate whose name is
entered in the [(Note:- Subs. by Act 60 of 1973, sec.22 for the words "common
roll".) State roll] shall be entitled as of right to practice throughout the
territories to which this Act extends -
(i) In all Courts including the
Supreme Court
(ii) Before any tribunal or person
legally authorised to take evidence and
(iii) Before any other authority or
person before whom such advocate is by or under law for the time being in force
entitled to practice.
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Advocates Act, 1961
4. Bar Council of India.-
(1) There shall be a Bar Council for the territories to which
this Act extends to be known as the Bar Council of India which shall consist of
the following members, namely :-
a.
the Attorney-General of India, ex-officio;
b.
the Solicitor-General of India, ex-officio;
(Note:- Clause (bb) omitted by Act 38 of 1977,
sec.4)
c.
one member elected by each State Bar Council from amongst its members.
[(IA) (Note:- Ins. by Act 60 of 1973, sec.5) No person
shall be eligible for being elected as a member of the Bar Council of India
unless he possesses the qualification specified in the proviso to sub-section
(2) of Section 3];
(2) (Note:- Subs. by Act 38 of 1977, sec.3) There shall
be a Chairman and a Vice-Chairman of the Bar Council of India elected by the
Council in such manner as may be prescribed.
(2A) A person holding office as Chairman and a Vice-Chairman of
the Bar Council of India immediately before the commencement of the Advocates
(Amendment) Act, 1977, shall on such commencement, cease to hold office
Chairman or Vice-Chairman, as the case may be:
Provided that such person shall continue to carry on
the duties of his office until the Chairman or the Vice-Chairman, as the case
may be, of the Council, elected after the commencement of the Advocates
(Amendment) Act, 1977, assumes charge of the office.]
[(3) (Note:- Ins. by Act 21 of 1964, sec.3) The term of
office of a member of the Bar Council of India elected by the State Bar Council
shall,-
(i) In the case of a member of a State
Bar Council who holds ex-officio, be two years from the date of his election (Note:-
Ins. by Act 60 of 1973, sec.5) [or till he ceases to be a member of the
State Bar Council, whichever is earlier];and
(ii) In any other case, be for the period for
which he holds office as member of the State Bar Council :
Provided that every such member shall continue to hold
as member of the Bar Council of India until his successor is elected.
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Advocates Act, 1961
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Advocates Act, 1961
5. Bar Council to be body corporate.-
Every Bar Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property, both movable
and immovable, and to contract, and may by the name by which it is known sue
and be sued.
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Advocates Act, 1961
6.Functions of State Bar Councils-
(1) The functions of a State Bar Council shall be-
(a) to admit persons as advocates on its roll.
(b) to prepare and maintain such roll
(c) to entertain and determine cases of
misconduct against advocates on its roll
(d) to safeguard the rights, privileges and
interest of advocates on its roll
(dd) (Note:- Ins. by Act 70 of 1993,
sec.2 (i) (a)) to promote the growth of Bar Associations for the purpose of
effective implementations of the welfare schemes referred to in clause (a) of
sub section (2) of this section and clause (a) of sub section (2) of section
(e) to promote and support law reform
(ee) (Note:- Ins. by Act 60 of 1973,
sec.6) to conduct seminars and organize talks on legal topics by eminent
jurists and publish journals and papers of legal interest.
(eee) to organize legal aid to the poor in the
prescribed manner
(f) to manage and invest the funds
of the Bar Council
(g) to provide for the election of its
members.
(gg) (Note:- Ins. by Act 70 of 1993,
sec.2 (I) (b)) to visit and inspect Universities in accordance with the
directions given under clause (I) of sub-section (1) of section7;
(h) to perform all other functions conferred
on it by or under this Act;
(i) to do all other things necessary for
discharging the aforesaid functions
(2) [ (Note:- Sub-sections (2) and (3) subs. by Act 60 of
1973, sec.6, for sub-section (2).) A State Bar Council may constitute one
or more funds in the prescribed manner for the purpose of].
a. Giving financial assistance to
organize welfare scheme for the indigent, disabled or other advocates.
b. Giving legal aid or advice in
accordance with the rules made in this behalf
c. [ (Note:- Ins. by Act 70 of 1993,
sec.2 (ii).) Establishing law libraries].
(3) A State Bar Council may receive any grants, donations, gifts
or benefactions for all or any of the purposes specified in sub-section (2)
which shall be credited to the appropriate fund or funds constituted under that
sub-section
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Advocates Act, 1961
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Advocates Act, 1961
7. Functions of Bar Council of India -
(Note:- Section 7 renumbered as sub-section (1) thereof by
Act 60 of 1973, Sec.7)
(1) The functions of the Bar council of India shall be
a. (Note:- Clause (a) omitted by Act 60of 1973, sec.7)
b. To lay down standards of professional
conduct and etiquette for advances.
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 interest 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 recognize
Universities whose degree in law shall be a qualification for enrolment as an
advocate and for that purpose to visit and inspect Universities (Note:- Ins.
by Act 70 of 1993, sec.3(I)) (or cause the State Bar Councils to visit and
inspect Universities in accordance with such directions as it may give in this
behalf).
(ia) (Note:- Ins. by Act 60 of 1973, sec.7)
to conduct seminars and organize talks on legal topics by eminent jurists
and publish journals and papers of legal interest.
(ib) to organize legal aid to the poor in the
prescribed manner
(ic) to recognize on a reciprocal basis
foreign qualifications in law obtained outside India for the purpose of
admission as 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:
(2) (Note:- Sib-section (2) and (3) ins. by Act 60 of 1973, sec.7)
t he Bar Council of India may constitute one or more funds in the prescribed
manner for the purpose of
(a) giving financial assistance to organize
welfare schemes for indigent, disabled or other advocates.
(b) giving the legal aid or advice in accordance
with the rules made in this behalf
(c) (Note:- Ins. by Act 70 of 1993, sec.3
(ii).) e stablishing law libraries
(3) That Bar Council of India my receive any grants, donations,
gifts or benefactions for all or any of the purpose specified in sub section
(2) which shall be credited to the appropriate fund or funds constituted under
that sub-section.
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Advocates Act, 1961
8. (Note:- Subs. by Act 70 of 1993, sec.4) Term of office of
Members of State Bar Council-
The term of office of an elected member of a State Bar Council
(other than an elected member thereof referred to in section 54) shall be five
years from the date of publication of the result of his election.
Provided that where a State Bar Council fails to
provide for the election of its members before the expiry of the said term, the
Bar Council of India may, by order for reasons to be recorded in writing,
extended the said term, the Bar Council of India may, by order for reasons to
be recorded in writing, extend the said term , the Bar Council of India may, by
order, for reasons to be recorded in writing, extend the said term for a period
not exceeding six months.
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Advocates Act, 1961
9. Disciplinary Committees. -
(1) A Bar Council shall constitute one or more disciplinary
committees, each of which shall consist of three persons of whom two shall be a
person co-opted by the Council from amongst its members and the other shall be
a person co-opted by the Council from amongst advocates who possess the
qualifications specified in the proviso to sub-section.
(2) of Section 3 and who are not members of the Council, and the
senior- most advocate amongst the members of a disciplinary committee shall be
the Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any
disciplinary committee constituted prior to the commencement of the Advocates
(Amendment ) Act, 1964, (21 of 1964) may dispose of the proceeding pending
before it as if this section had not been amended by the said Act.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
Chapter I Preliminary
1. Short title,
extent and commencement.-
1.
This
Act may be called the Advocates' Welfare Fund Act, 2001.
2.
It
extends to the whole of India.
3.
It
shall come into force on such date as the Central Government may, by
notification, appoint; and different dates may be appointed for different
provisions of this Act and for different States, and any reference in any such
provision to the commencement of this Act shall be construed in relation to any
State as a reference to the coming into force of that provision in that State.
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The Advocates' Welfare Fund Act, 2001
10. Vesting and
application of Fund.-
The Fund shall vest
in, and be held and applied by, the Trustee Committee subject to the
provisions, and for the purposes, of this Act.
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The Advocates' Welfare Fund Act, 2001
11. Functions of
Trustee Committee.-
1.
Subject
to the provisions of this Act and any other law for the time being in force,
the Trustee Committee shall administer the Fund.
2.
Without
prejudice to the generality of the provisions contained in sub-section (1), the
Trustee Committee shall-
a. hold the amounts and
assets belonging to the Fund in trust;
b. receive applications
for admission or re-admission as members to the Fund, and dispose of such
applications within ninety days from the date of receipt thereof;
c. receive applications
from the members of the Fund, their nominees or legal heirs, as the case may
be, for payment out of the Fund, conduct such enquiry as it deems necessary and
dispose of the applications within five months from the date of receipt hereof;
d. record in the minutes
book of the Trustee Committee, its decisions on the applications;
e. pay to the members of
the Fund or their nominees or legal heirs, as the case may be, the amounts at
the rates specified in Schedule I;
f. send such periodical
and annual reports as may be prescribed, to the appropriate Government and the
State Bar Council;
g. communicate to the
applicants, by registered post with acknowledgment due or through electronic
mode, the decisions of the Trustee Committee in respect of applications for
admission or re-admission as members to the Fund or claims to the benefit of t
e Fund;
h. do such other acts as
are, or may be, required to be done under this Act and the rules made
thereunder.
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The Advocates' Welfare Fund Act, 2001
12. Borrowing and
investment.-
1.
The
Trustee Committee may, with the prior approval of the appropriate Government
and the State Bar Council, borrow, from time to time, any sum required for
carrying out the purposes of this Act.
2.
The
Trustee Committee shall deposit all monies and receipts forming part of the
Fund in any scheduled bank or invest the same in debt instruments of any
corporation owned or controlled by the appropriate Government or in loans
floated by the appropriate Government or in any other manner as the State Bar
Council may, from time to time, direct with the prior approval of the
appropriate Government.
3.
All
amounts due and payable under this Act and all expenditure relating to the
management and administration of the Fund shall be paid out of the Fund.
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The Advocates' Welfare Fund Act, 2001
13. Accounts and
audit.-
1.
The
Trustee Committee shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts and annual report in such form and in
such manner as may be prescribed.
2.
The
accounts of the Trustee Committee shall be audited annually by a chartered
accountant appointed by the State Bar Council.
3.
The
accounts of the Trustee Committee as audited by the chartered accountant
together with his audit report shall be forwarded to the State Bar Council by
that Committee and the State Bar Council may issue such directions, as it deems
fit, to the Trustee Committee in respect thereof.
4.
The
Trustee Committee shall comply with the directions issued by the State Bar
Council under sub-section (3).
5.
The
Trustee Committee shall pay from the Fund the charges for the audit as may be
fixed by the State Bar Council.
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The Advocates' Welfare Fund Act, 2001
14. Powers and duties
of Secretary.-
The Secretary of the
Trustee Committee shall-
a.
be
the chief executive authority of the Trustee Committee and responsible for
carrying out its decisions;
b.
represent
the Trustee Committee in all suits and proceedings for and against the Trustee
Committee;
c.
authenticate
by his signature all decisions and instruments of the Trustee Committee;
d.
operate
bank account of the Trustee Committee jointly with the Chairperson;
e.
convene
meetings of the Trustee Committee and prepare minutes of such meeting,
f.
attend
meetings of the Trustee Committee with all the necessary records and
information;
g.
maintain
such forms, registers and other records as may be prescribed from time to time
and do all correspondence relating to the Trustee Committee;
h.
prepare
an annual statement of business transacted by the Trustee Committee during a
financial year;
i.
do
such other acts as are or may be directed by the Trustee Committee and the State
Bar Council.
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The Advocates' Welfare Fund Act, 2001
15. Payment of
certain monies to Fund by State Bar Council.-
The State Bar Council
shall pay to the Fund annually an amount equal to twenty per cent. of the
enrolment fee received by it under clause (f) of section 24 of the Advocates
Act, 1961 (25 of 1961 .
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The Advocates' Welfare Fund Act, 2001
Chapter IV
Recognition of any Association of Advocates
16. Recognition by a
State Bar Council of any association of advocates.-
1.
Any
association of advocates known by any name which is registered as an
association before the date of commencement of this Act may, before the date to
be notified by a State Bar Council in this behalf, apply for recognition to the
State Bar Council in such form as may be prescribed.
2.
Any
association of advocates known by any name which is registered as an
association on or after the date of commencement of this Act may, within three
months from the date of its registration as an association, apply for recognition
to the State Bar Council in such form as may be prescribed.
3.
Every
application for recognition under sub-section (1) or sub-section (2) shall be
accompanied by,-
a. a copy of the rules
or bye-laws of the association;
b. names and addresses
of office bearers of the association;
c. a list of members of
the association containing the name, address, age, enrolment number and date of
enrolment with the State Bar Council and the ordinary place of practice of each
member.
1.
2.
3.
4.
The
State Bar Council may, after such enquiry as it deems necessary, recognize the
association and issue a certificate of recognition in such form as may be
prescribed.
5.
The
decision of the State Bar Council on any matter regarding recognition of an
association under sub-section (4) shall be final. Explanation.-In this section,
"registered" means registered or deemed to be registered under the
societies Registration Act, 1860 (21 of 1860) or any other law for the time
being in force.
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The Advocates' Welfare Fund Act, 2001
17. Duties of State
Bar Associations and State Advocates' Associations.-
1.
Every
State Bar Association and State Advocates' Association shall on or before the
15th day of April of every year, furnish to the State Bar Council a list of its
members as on he 31st day of March of that year.
2.
Every
State Bar Association and State Advocates' Association shall inform the State
Bar Council of-
a. any change in the
membership including admissions and re-admissions within thirty days of such
change;
b. the death or other
cessation of practice or voluntary suspension of practice of any of its members
within thirty days from the date of occurrence thereof;
c. such other matters as
may be required by the State Bar Council from time to time.
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The Advocates' Welfare Fund Act, 2001
Chapter V Membership
and Payment out of Advocates' Welfare Fund
18. Membership in
Fund.-
1.
Every
advocate practicing, before the commencement of this Act, in any court,
tribunal or other authority in a State and being a member of a State Bar
Association or a State Advocates' Association in that State, shall apply, w
thin six months of the commencement of this Act, to the Trustee Committee for
admission as a member of the Fund, in such form as may be prescribed.
2.
Every
person,-
a. admitted as an
advocate on the roll of a State Bar Council, after the commencement of this
Act;
b. practicing in any
court, tribunal or other authority in a State and being a member of a State Bar
Association or a State Advocates' Association in that State, shall apply,
within six months of his enrolment as an advocate to the Trustee Committee, for
admission as a member of the Fund in such form as may be prescribed.
1.
2.
3.
On
receipt of an application under sub-section (1) or sub-section (2), the Trustee
Committee shall make such enquiry as it deems fit and either admit the
applicant to the Fund or, for reasons to be recorded in writing, reject the
application: Provided that no order rejecting an application shall be passed
unless the applicant has been given an opportunity of being heard.
4.
Every
applicant shall pay an application fee of two hundred rupees along with the
application to the account of the Trustee Committee.
5.
Every
advocate, being a member of the Fund, shall pay an annual subscription of fifty
rupees to the Fund on or before the 31st day of March of every year: Provided
that every advocate, who makes an application under sub-section (1) or
sub-section (2), shall pay his first annual subscription within three months of
his becoming a member of the Fund: Provided further that a senior advocate
shall pay an annual subscription of one thousand rupees.
6.
Any
member of the Fund, who fails to pay the annual subscription for any year
before the 31st day of March of that year, shall be liable to be removed from
the membership in the Fund.
7.
A
member of the Fund removed from the membership in the Fund under sub-section
(6) may be re-admitted to the Fund, on payment of arrears along with
re-admission fee of ten rupees, within six months from the date of such
removal.
8.
Every
member of the Fund shall, at the time of admission to the membership in the
Fund, make nomination conferring on one or more of his dependants the right to
receive, in the event of his death, any amount payable to the member under this
Act.
9.
If
a member of the Fund nominates more than one person under sub-section (8), he
shall specify in the nomination, the amount of share payable to each of the
nominees.
10.
A
member of the Fund may, at any time, cancel a nomination by sending a notice in
writing to the Trustee Committee.
11.
Every
member of the Fund, who cancels his nomination under sub-section (10), shall
make a fresh nomination along with registration fee of five rupees.
12.
Every
member of the Fund, whose name has been removed from the State roll under
section 26A of the Advocates Act, 1961 (25 of 1961), or who voluntarily
suspends practice, shall, within fifteen days of such removal or suspension,
intimate such removal or suspension to the Trustee Committee and if any member
of the Fund fails to do so without sufficient reason, the Trustee Committee may
reduce, in accordance with such principles as may be prescribed, the amount
payable to that member under this Act.
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The Advocates' Welfare Fund Act, 2001
19. Ex-gratia grant
to a member of Fund.-
The Trustee Committee
on an application made to it by a member of the Fund, and after being satisfied
about the genuineness of the claim, may allow ex gratia to such member from the
Fund-
a.
in
the case of his hospitalization or involving major surgical operation; or
b.
if
he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of
mind or from such other serious disease or disability.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
2. Definitions.-
In this Act, unless
the context otherwise requires,-
a.
"advocate"
means an advocate whose name has been entered in the State roll prepared and
maintained by a State Bar Council under section 17 of the Advocates Act, 1961
(25 of 1961) and who is a member of a State Bar Association or State Advocates'
Association;
b.
"appropriate
Government" means,-
i.
in
the case of advocates admitted on the roll of a Bar Council of a State, the
State Government;
ii.
in
the case of advocates admitted on the roll of a Bar Council of a Union
territory, the Central Government;
a.
b.
c.
"cessation
of practice" means removal of the name of an advocate from the State roll
under section 26A of the Advocates Act, 1961 (25 of 1961);
d.
"Chairperson"
means the Chairperson of the Trustee Committee referred to in clause (a) of
sub-section (3) of section 4;
e.
"chartered
accountant" means a chartered accountant as defined in clause (b) of
sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of
1949) and who has obtained a certificate of practice under sub-section (1) of
section 6 of that Act;
f.
"dependents"
means the spouse, parents or minor children of a member of the Fund;
g.
"Fund"
means the Advocates' Welfare Fund constituted under sub-section (1) of section
3;
h.
"insurer"
shall have the meaning assigned to it in clause (9) of section 2 of the
Insurance Act, 1938 (4 of 1938);
i.
"member
of the Fund" means an advocate admitted to the benefits of the Fund and
who continues to be a member thereof under the provisions of this Act;
j.
"notification"
means a notification published in the Official Gazette of the appropriate
Government and the expression "notified" shall be construed
accordingly;
k.
"prescribed"
means prescribed by rules made under this Act;
l.
"Schedule"
means a Schedule to this Act;
m.
"scheduled
bank" shall have the meaning assigned to it in clause (e) of section 2 of
the Reserve Bank of India Act, 1934 (2 of 1934);
n.
"stamp"
means the Advocates" Welfare Fund stamp printed and distributed under
section 26;
o.
"State"
means a State specified in the First Schedule to the Constitution and shall
include a Union territory;
p.
"State
Advocates' Association" means an association of advocates in a State
recognized by the Bar Council of that State under section 16;
q.
"State
Bar Association" means an association of advocates recognized by the Bar
Council of that State under section 16;
r.
"State
Bar Council" means a Bar Council referred to in section 3 of the Advocates
Act, 1961 (25 of 1961);
s.
"suspension
of practice" means voluntary suspension of practice as an advocate or
suspension of an advocate by a State Bar Council for misconduct;
t.
"Trustee
Committee" means the Advocates' Welfare Fund Trustee Committee established
under sub-section (1) of section 4;
u.
"Vakalatnama"
includes memorandum of appearance or any other document by which an advocate is
empowered to appear or plead before any court, tribunal or other authority;
v.
words
and expressions used and not defined in this Act but defined in the Advocates
Act, 1961 shall have the meanings respectively assigned to them in that Act.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
20. Review.-
The Trustee Committee
may, on its own motion or on an application received from any person
interested, within ninety days of the passing of any order by it under the
provisions of this Act, review such order, if it was passed under any mistake,
whether of fact or of law or in ignorance of any material fact: Provided that
the Trustee Committee shall not pass any order under this section adversely
affecting any person unless such person has been given an opportunity of being
heard.
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The Advocates' Welfare Fund Act, 2001
21. Payment of amount
on cessation of practice.-
1.
Every
advocate who has been a member of the Fund for a period of not less than five
years shall, on his cessation of practice, be paid an amount at the rate
specified in Schedule I: Provided that where the Trustee Committee is satisfied
that a member of the Fund ceases to practice within a period of five years from
the date of his admission as a member of such Fund as a result of any permanent
disability, the Trustee Committee may p y such member an amount at the rate
specified in Schedule I.
2.
Where
a member of the Fund dies before receiving the amount payable under sub-section
(1), his nominee or legal heir, as the case may be, shall be paid the amount
payable to the deceased member of the Fund.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
22. Restriction on
alienation, attachment, etc., of interest of member in Fund.-
1.
The
interest of any member in the Fund, or the right of member of the Fund or his
nominee or legal heir to receive any amount from the Fund, shall not be
assigned, alienated, or charged and shall not be liable to attachment under any
decree or order of any court, tribunal or other authority.
2.
No
creditor shall be entitled to proceed against the Fund or the interest therein
of any member of the Fund or his nominee or legal heir. Explanation.-For the
purposes of this section, "creditor" includes the State or an
official assignee or official receiver appointed under the law relating to
insolvency for the time being in force.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
23. Exemption from
income-tax.-
Notwithstanding
anything contained in the Income-tax Act, 1961 (43 of 1961) or any other
enactment for the time being in force relating to tax on income, profits or
gains, the income accrued to the Fund constituted under sub-section (1) of
section 3 shall be exempt from income-tax.
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Advocates Welfare Fund Act, 2001
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24
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The Advocates' Welfare Fund Act, 2001
24. Group Life
Insurance for members of Fund and other benefits.-
The Trustee Committee
may, for the welfare of the members of the Fund,-
a.
obtain,
from the Life Insurance Corporation of India or any other insurer, policies of
Group Insurance on the life of the members of the Fund; or
b.
provide,
in such manner as may be prescribed, for medical and educational facilities for
the members of the Fund and their dependants; or
c.
provide
monies to the members of the Fund for purchase of books; or
d.
provide
monies to construct or maintain common facilities for the members of the Fund:
Provided that the Trustee Committee shall spend ten per cent. of the total
annual subscription received under sub-section (5) of section 18 on the
construction or maintenance of common facilities for the members of the Fund
practicing in the subordinate courts; or
e.
provide
funds for any other purpose which the Trustee Committee may specify; or
f.
provide
for such other benefits as may be prescribed.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
25. Appeal against
decision or order of Trustee Committee.-
1.
An
appeal against any decision or order of the Trustee Committee shall lie to the
State Bar Council.
2.
The
appeal shall be in the prescribed form and shall be accompanied by-
a. a copy of the
decision or order appealed against;
b. a receipt evidencing
payment of twenty-five rupees to the credit of the State Bar Council in any of
the branches of a scheduled bank.
1.
2.
3.
The
appeal shall be filed within thirty days from the date of receipt of the
decision or order appealed against.
4.
The
decision of the State Bar Council on such appeal shall be final.
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Advocates Welfare Fund Act, 2001
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The Advocates' Welfare Fund Act, 2001
Chapter VI Printing,
Distribution and Cancellation of Stamps
26. Printing and
distribution of Advocates' Welfare Fund Stamps by State Bar Council.-
1.
The
appropriate Government shall, on a request made by the State Bar Council in
this behalf, cause to be printed and distributed Advocates' Welfare Fund Stamps
of t e value of five rupees or such other value, which may be prescribed,
inscribing therein "Advocates' Welfare Fund Stamp", in such design as
may be prescribed.
2.
Every
stamp referred to in sub-section (1) shall be of the size 2.54 c.m. by 5.08
c.m. and sold to the advocates.
3.
The
custody of the stamps shall be with the state Bar Council.
4.
The
State Bar Council shall control the distribution and sale of the stamps through
the State Bar Associations and the State Advocates' Associations.
5.
The
State Bar Council, the State Bar Associations and the State Advocates'
Associations shall keep proper accounts of the stamps in such form and manner
as may be prescribed.
6.
The
State Bar Associations and State Advocates' Associations shall purchase the
stamps from the State Bar Council after paying the value thereof as reduced by
ten per cent of such value towards incidental expenses.
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Advocates Welfare Fund Act, 2001
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27
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The Advocates' Welfare Fund Act, 2001
27. Vakalatnama to
bear stamps.-
1.
Every
advocate shall affix stamp of a value of-
a. five rupees on every
Vakalatnama filed by him in a District Court or a court subordinate to the
District Court;
b. ten rupees on every
Vakalatnama filed by him in a tribunal or other authority or a High Court or
the Supreme Court: Provided that the appropriate Government may prescribe the
value of the stamps not exceeding twenty-five rupees to be affixed under this sub-section:
Provided further that the appropriate Government may prescribe different value
of the stamps to be affixed on every Vakalatnama to be filed in a District
Court, or a court subordinate to the District Court or a tribunal or other
authority or a High Court or the Supreme Court.
1.
2.
The
value of the stamp shall neither be the cost in a case not be collected in any
event from the client.
3.
Any
contravention of the provisions of sub-section (1) or sub-section (2) by any
advocate shall disentitle him either in whole or in part to the benefits of the
Fund and the Trustee Committee shall report such contravention to the State Bar
Council for appropriate action.
4.
Every
stamp affixed on every Vakalatnama filed before a District Court or a court
subordinate to the District Court or a tribunal or other authority or a High
Court or the Supreme Court shall be cancelled in such manner as may be
prescribed.
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Advocates Welfare Fund Act, 2001
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28
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The Advocates' Welfare Fund Act, 2001
Chapter VII
Miscellaneous
28. Certain persons
not to be eligible for benefits.-
No senior advocate,
or a person in receipt of pension from the Central Government or a State
Government, shall be entitled to ex gratia grant under section 19 or payment of
amount on his cessation of practice under section 21 or any benefit under
clause (a) or clause (b) or clause (c) of section 24.
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Advocates Welfare Fund Act, 2001
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29
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The Advocates' Welfare Fund Act, 2001
29. Protection of
action taken in good faith.-
No suit, prosecution
or other legal proceedings shall lie against the appropriate Government or the
Trustee Committee or the Chairperson or a Member or the Secretary of the
Trustee Committee or the State Bar council or any person for anything which is
in food faith done or intended to be done under this Act or the rules made
thereunder.
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Advocates Welfare Fund Act, 2001
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3
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The Advocates' Welfare Fund Act, 2001
Chapter II
Constitution of Advocates' Welfare Fund
3. Advocates' Welfare
Fund.-
1.
The
appropriate Government shall constitute a fund to be called the
"Advocates' Welfare Fund".
2.
There
shall be credited to the Fund-
a. all amounts paid by a
State Bar Council under section 15;
b. any other
contribution made by a State Bar Council;
c. any voluntary
donation or contribution made to the Fund by the Bar Council of India, any
State Bar Association, any State Advocates' Association or other association or
institution, or any advocate or other person;
d. any grant which may
be made by the Central Government or a State Government to the fund after due
appropriation made in this behalf;
e. any sums borrowed
under section 12;
f. all sums collected
under section 18;
g. all sums received
from the Life Insurance Corporation of India or an insurer on the death of any
member of the Fund under any Group Insurance Policy;
h. any profit or
dividend or refund received from the Life Insurance Corporation of India or any
other insurer in respect of policies of Group Insurance of the members of the
Fund;
i. any interest or
dividend or other return on any investment made out of any part of the Fund;
j. all sums collected by
way of sale of stamps under section 26.
1.
2.
3.
The
sums specified in sub-section (2) shall be paid to, or collected by, such
agencies, at such intervals and in such manner, as may be prescribed.
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Advocates Welfare Fund Act, 2001
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30
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The Advocates' Welfare Fund Act, 2001
30. Bar of
jurisdiction of civil courts.-
No civil court shall
have jurisdiction to settle, decide or deal with any question or to determine
any matter which is by or under this Act required to be settled, decided or
dealt with or to be determined by the trustee Committee or the State Bar
Council.
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Advocates Welfare Fund Act, 2001
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31
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The Advocates' Welfare Fund Act, 2001
31. Power to summon
witnesses and take evidence.-
The Trustee Committee
and the State Bar Council shall, for the purpose of any enquiry under this Act,
have the same powers as are vested in a civil court while trying a suit under
the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following
matters, namely:-
a.
enforcing
the attendance of any person or examining him on oath;
b.
requiring
the discovery and production of documents;
c.
receiving
evidence on affidavit;
d.
issuing
commissions for the examination of witnesses;
e.
any
other matter which may be prescribed.
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Advocates Welfare Fund Act, 2001
|
32
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The Advocates' Welfare Fund Act, 2001
32. Power to amend
Schedules I and II.-
1.
The
appropriate Government may, on the recommendation of the Trustee Committee, by
notification, and having due regard to the availability of the amount in the
Fund, amend the rates specified in Schedule I.
2.
The
Central Government may, as and when considered necessary, by notification,
amend Schedule II.
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Advocates Welfare Fund Act, 2001
|
33
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The Advocates' Welfare Fund Act, 2001
33. Power of
appropriate Government to issue directions.-
1.
Without
prejudice to the generality of the foregoing provisions of this Act, the
Trustee Committee shall, in exercise of the powers or the performance of its
functions under this Act, be bound y such directions on questions of policy,
other than those relating to professional and administrative matters, as the
appropriate Government may give in writing to it from time to time: Provided
that the Trustee Committee shall, as far as practicable, be given an
opportunity to express its views before any direction is given under this
sub-section.
2.
The
decision of the appropriate Government, whether a question is one of policy or
not, shall be final.
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Advocates Welfare Fund Act, 2001
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34
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The Advocates' Welfare Fund Act, 2001
34. Power of
appropriate Government to supersede Trustee Committee.-
1.
If
at any time the appropriate Government is of the opinion-
a. that, on account of
circumstances beyond the control of the Trustee Committee, it is unable to
discharge the functions or perform the duties imposed on it by or under the
provisions of this Act; or
b. that the Trustee
Committee has persistently defaulted in complying with any direction given by
the appropriate Government under this Act or in the discharge of the functions
or performance of the duties imposed on it by or under the provisions of this
Act; or
c. that circumstances
exist which render it necessary in the public interest so to do, the
appropriate Government may, by notification and for reasons to be specified
therein, supersede the Trustee Committee for such period, not exceeding six
months, as may be specified in the notification and appoint, in consultation
with the Chief Justice of the High Court having jurisdiction, a Judge of the
High Court to be the Controller of the Trustee Committee: Provided that before
issuing any such notification, the appropriate Government shall give a
reasonable opportunity to the Trustee Committee to make representations against
the proposed supersession and shall consider the representations, if any, of
the Trustee Committee.
1.
2.
Upon
the publication of a notification under sub-section (1) superseding the Trustee
Committee,-
a. the Chairperson,
Members and the Secretary of the Trustee Committee shall, as from the date of
supersession, vacate their offices as such;
b. all powers, functions
and duties which may, by or under the provisions of this Act, be exercised or
discharged by or on behalf of the Trustee Committee shall, until the Trustee
Committee is reconstituted under sub-section (3), be exercised and discharged
by the Controller of the Trustee Committee; and (c) all properties and Fund
owned or controlled by the Trustee Committee shall, until the Trustee Committee
is reconstituted under sub-section (3), vest in the appropriate Government.
1.
2.
3.
On
or before the expiration of the period of supersession specified in the
notification issued under sub-section (1), the appropriate Government shall
reconstitute the Trustee Committee by a fresh appointment of its Chairperson,
Members and Secretary of such Committee and in such case a person who had
vacated his office under clause (a) of sub-section (2) shall not be deemed to
be disqualified for reappointment.
4.
The
appropriate Government shall cause a copy of the notification issued under
sub-section (1) and a full report of any action taken under this section and
the circumstances leading to such action to be laid before each House of Parliament
or before ach House of the State Legislature, where it consists of two Houses
or where such Legislature consists of one House, before that House, as the case
may be, at the earliest.
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Advocates Welfare Fund Act, 2001
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35
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The Advocates' Welfare Fund Act, 2001
35. Power of Central
Government to make rules.-
1.
The
Central Government, being the appropriate Government, may, by notification,
make rules for carrying out the provisions of this Act.
2.
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
a. the periodical and
annual reports to be sent under clause (f) of section 11;
b. the form and the
manner in which the annual statement of accounts and annual report shall be
prepared under sub-section (1) of section 13;
c. the forms, registers
and other records to be maintained under clause (g) of section 14;
d. the form in which an
association of advocates may apply for recognition to the State Bar Council
under sub-section (1) or sub-section (2) of section 16;
e. the form in which a
certificate of recognition shall be issued by the State Bar Council under
sub-section (4) of section 16;
f. the form in which an
advocate shall apply for admission as a member of the Fund under sub-section
(1) or sub-section (2) of section 18;
g. the principles in
accordance with which the amount payable to a member of the Fund be reduced
under sub-section (12) of section 18;
h. the manner or providing
medical and educational facilities for the members of the Fund and their
dependants under clause (b) of section 24;
i. the other benefits to
be provided under clause (f) of section 24;
j. the form of appeal
under sub-section (2) of section 25;
k. the value and design
of stamps to be printed and distributed under sub-section (1) of section 26;
l. the form and the
manner in which accounts of the stamps shall be kept under sub-section (5) of
section 26;
m. the value of stamps
not exceeding twenty-five rupees as may be prescribed under the first proviso
to sub-section (1) of section 27;
n. the value of stamps
to be affixed on every Vakalatnama under the second proviso to sub-section (1)
of section 27;
o. the manner of
cancellation of stamps under sub-section (4) of section 27;
p. any other matter
which is to be, or may be, prescribed.
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Advocates Welfare Fund Act, 2001
|
36
|
The Advocates' Welfare Fund Act, 2001
36. Power of State
Government to make rules.-
1.
The
State Government, being the appropriate Government, may, by notification, make
rules for carrying out the provisions of this Act and not inconsistent with the
rules, if any, made by the Central Government.
2.
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
a. the periodical and
annual reports to be sent under clause (f) of section 11;
b. the form and the
manner in which the annual statement of accounts and annual report shall be
prepared under sub-section (1) of section 13;
c. the forms, registers
and other records to be maintained under clause (g) of section 14;
d. the form in which an
association of advocates may apply for recognition to the State Bar Council under
sub-section (1) or sub-section (2) of section 16;
e. the form in which a
certificate of recognition shall be issued by the State Bar Council under
sub-section (4) of section 16;
f. the form in which an
advocate shall apply for admission as a member of the Fund under sub-section
(1) or sub-section (2) of section 18;
g. the principles in
accordance with which the amount payable to a member of the Fund be reduced
under sub-section (12) of section 18;
h. the manner or
providing medical and educational facilities for the members of the Fund and
their dependants under clause (b) of section 24;
i. the other benefits to
be provided under clause (f) of section 24; (j) the form of appeal under
sub-section (2) of section 25;
j. the value and design
of stamps to be printed and distributed under sub-section (1) of section 26;
k. the form and the
manner in which accounts of the stamps shall be kept under sub-section (5) of
section 26;
l. the value of stamps
not exceeding twenty-five rupees as may be prescribed under the first proviso
to sub-section (1) of section 27;
m. the value of stamps
to be affixed on every Vakalatnama under the second proviso to sub-section (1)
of section 27;
n. the manner of
cancellation of stamps under sub-section (4) of section 27;
o. any other matter
which is to be, or may be, prescribed.
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Advocates Welfare Fund Act, 2001
|
37
|
The Advocates' Welfare Fund Act, 2001
37. Rules and
notifications to be laid before Parliament or State Legislature.-
1.
Every
rule made under this Act by the Central Government and every notification
issued under section 32, shall be laid, as soon as may be after it is made or
issued, before each House of Parliament, while it is in session for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or notification or both Houses agree
that the rule or notification should not be made or issued, the rule or
notification shall thereafter have effect only in such modified form r 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 or notification.
2.
Every
rule made under this Act by a State Government and every notification issued
under section 32 shall be laid, as soon as may be after it is made, before each
House of State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
|
Advocates Welfare Fund Act, 2001
|
38
|
The Advocates' Welfare Fund Act, 2001
38. Saving.-
The provisions of
this Act shall not apply to the States in which the enactments specified in
Schedule II are applicable.
|
Advocates Welfare Fund Act, 2001
|
4
|
The Advocates' Welfare Fund Act, 2001
Chapter III
Establishment of Trustee Committee
4. Establishment of
Trustee Committee.-
1.
With
effect from such date as the appropriate Government may, by notification,
appoint in this behalf, there shall be established a Trustee Committee to be
called the "Advocates' Welfare Fund Trustee Committee".
2.
The
Trustee Committee shall be a body corporate having perpetual succession and a
common seal with power to acquire, hold and dispose of property and shall, by
the said name, sue and be sued.
3.
The
Trustee Committee shall consist of-
a. the Advocate-General
of a state - Chairperson, ex officio: Provided that where there is no
Advocate-General of a State, the appropriate Government shall nominate a senior
advocate to be the Chairperson;
b. the Secretary to the
appropriate Government-Member, ex officio; in its Law Department or Ministry
c. the Secretary to the
appropriate Government-Member, ex officio; in its Home Department or Ministry
d. the Chairman of the
State Bar Council -Member, ex officio;
e. the Government
Pleader or the Public -Member; Prosecutor as may be nominated by the
appropriate Government
f. two advocates to be
nominated -Members; by the State Bar Council
g. the Secretary of the
State Bar Council -Secretary, ex officio.
1.
2.
3.
4.
The
Chairperson nominated under the proviso to clause (a) of sub-section (3) shall
hold office for a period not exceeding three years from the date on which he
enters upon his office.
5.
Every
Member of the Trustee Committee nominated under clause (e) clause (f) of
sub-section (3) shall hold office for a period not exceeding three years from
the date on which he enters upon his office.
|
Advocates Welfare Fund Act, 2001
|
5
|
The Advocates' Welfare Fund Act, 2001
5. Disqualifications
and removal of Chairperson or Member of Trustee Committee.-
1.
The
appropriate Government shall remove from office the chairperson or any Member
of the Trustee Committee, who-
a. is, or at any time
has been, adjudged as an insolvent; or
b. has become physically
or mentally incapable of acting as the chairperson or a Member of the Trustee
Committee; or
c. has been convicted of
an offence which, in the opinion of the appropriate Government, involves moral
turpitude; or
d. has acquired such
financial or other interest as is likely to affect prejudicially his functions
as the Chairperson or a Member of the Trustee Committee; or
e. has so abused his
position as to render his continuation in office detrimental to the public
interest; or
f. is, or at any time
has been absent without leave of the Trustee Committee for more than three
consecutive meetings of the Trustee Committee: Provided hat the Trustee
Committee may, on sufficient ground condone the absence of such Chairperson or
Member.
1.
2.
No
such Chairperson or Member of the Trustee Committee shall be removed under
clause (d) or clause (e) of sub-section (1) unless he has been given a
reasonable opportunity of being heard.
|
Advocates Welfare Fund Act, 2001
|
6
|
The Advocates' Welfare Fund Act, 2001
6. Resignation by
nominated Chairperson and Members of Trustee Committee and filling up of casual
vacancy.-
1.
The
Chairperson referred to in sub-section (4) of section 4 or a Member nominated
under clause (e) of sub-section (3) of that section may resign his office by
giving three months notice in writing to the appropriate Government and on such
resignation being accepted by the appropriate Government such Chairperson or
Member shall vacate his office.
2.
A
Member nominated under clause (f) of sub-section (3) of section 4 may resign
his office by giving three months notice in writing to the State Bar Council
and on such resignation being accepted by the State Bar Council such Member
shall vacate his office.
3.
A
casual vacancy in the office of the Chairperson or a Member referred to in
sub-section (1) who has resigned may be filled up, as soon as may be, by the
appropriate Government and the Chairperson or a Member so nominated shall hold
office only so lo g as the Chairperson or the Member in whose place he is
nominated would have been entitled to hold office if the vacancy did not occur.
4.
A
casual vacancy in the office of a Member referred to in sub-section (2) who has
resigned may be filled up, as soon as may be, by the State Bar Council and a
Member so nominated shall hold office only so long as the Member in whose place
he is nominated would have been entitled to hold office if the vacancy did not
occur.
|
Advocates Welfare Fund Act, 2001
|
7
|
The Advocates' Welfare Fund Act, 2001
7. Vacancies, etc.,
not to invalidate proceedings of Trustee Committee.-
No act or proceeding
of the Trustee Committee shall be invalid merely by reason of-
a.
any
vacancy in, or any defect in the constitution of, the Trustee Committee; or
b.
any
defect or irregularity in the nomination of a person acting as the Chairperson
or a Member of the Trustee Committee; or
c.
any
irregularity in the procedure of the Trustee Committee not affecting the merits
of the case.
|
Advocates Welfare Fund Act, 2001
|
8
|
The Advocates' Welfare Fund Act, 2001
8. Meetings of
Trustee Committee.-
1.
The
Trustee Committee shall meet at least once in every three calendar months and
at least four such meetings shall be held in every year to transact business
under this Act and the rules made thereunder.
2.
Three
Members of the Trustee Committee shall form the quorum for a meeting of the
Trustee Committee.
3.
The
Chairperson of the Trustee Committee or, if for any reason, he is unable to
attend a meeting of the Trustee Committee, any other Member chosen by the Members
of the Trustee Committee present from amongst themselves at the meeting shall
preside at the meeting.
4.
All
questions which come up in a meeting of the Trustee Committee shall be decided
by a majority vote of the Members of the Trustee Committee present and voting,
and, in the event of an equality of votes, the Chairperson, or in his absence,
the Member of the Trustee Committee presiding, shall have a second or casting
vote.
|
Advocates Welfare Fund Act, 2001
|
9
|
The Advocates' Welfare Fund Act, 2001
9. Travelling and
daily allowances to Chairperson and Members of Trustee Committee.-
The Chairperson
referred to in sub-section (4) of section 4 and Members of the Trustee
Committee referred to in clauses (e) and (f) of sub-section (3) of that section
shall be entitled to be paid such traveling and daily allowances as are
admissible to the members of the State Bar Council.
|
African Development Bank Act, 1983
|
1
|
The African Development Bank Act, 1983
1. Short title, extent and commencement.-
(1) This Act may be called the African Development Bank Act, 1983.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
|
African Development Bank Act, 1983
|
2
|
The African Development Bank Act, 1983
2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "Agreement" means the agreement for the establishment of the African Development Bank;
(b) "Bank" means the African Development Bank established under the Agreement.
|
African Development Bank Act, 1983
|
3
|
The African Development Bank Act, 1983
3. Payments to Bank.-
(1) There shall be paid out of the Consolidated Fund of India, after due appropriation made by Parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying,-
(a) the subscriptions payable by the Central Government to the Bank under Articles 6, 7, 10 and 21 of the Agreement;
(b) any sums payable by the Central Government to the Bank under Article 28 of the Agreement;
(2) The Central Government may, if it thinks fit so to do, create and issue to the Bank, in such form as it thinks fit, any non-interest bearing and non-negotiable notes or other obligations.
|
African Development Bank Act, 1983
|
4
|
The African Development Bank Act, 1983
4. Reserve Bank to be depository for Bank.-
The Reserve Bank of India shall be the depository of the Indian currency holdings of the Bank.
|
African Development Bank Act, 1983
|
5
|
The African Development Bank Act, 1983
5. Conferment of status and certain immunities, exemptions and privileges on Bank and conferment of certain immunities, exemptions and privileges on its officers and employees.-
(1) Notwithstanding anything to the contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in India;
Provided that nothing in Article 57 of the Agreement shall be construed as-
(a) entitling the Bank to import into India goods free of any duty of customs without any restriction on their subsequent sale therein; or
(b) conferring on the Bank any exemption from duties or taxes which form part of the price of goods sold; or
(c) conferring on the Bank any exemption from duties or taxes which are in fact no more than charges for services rendered.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the Agreement set out therein.
|
African Development Bank Act, 1983
|
6
|
The African Development Bank Act, 1983
6. Power to make rules.-
The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
|
African Development Bank Act, 1983
|
7
|
The African Development Bank Act, 1983
7. Notifications issued under section 5 and rules made under section 6 to be laid before Parliament.-
Every notification issued under sub-section (2) of section 5 and every rule made under section 6 shall be laid, as soon as may be after it is issued or made, before each of the House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or, as the case may be, in the rule or both Houses agree that the notification or rule should not be issued or made, the notification or 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 notification or rule.
1. 15th December, 1983, vide notification No. G.S.R. 889(E), dated 14th December, 1983, see Gazette of India, Extraordinary, Part II, sec. 3(i).
|
African Development Fund Act, 1982
|
1
|
1. Short title, extent and commencement.-
(1) This Act may be called the African Development Fund Act, 1982.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
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