THE ADVOCATES ACT, 1961 SECTIONS

24. Persons who may be admitted as advocates on a State roll.

__________
24A. Disqualification for enrolment.
ARRANGEMENT OF SECTIONS
25. Authority to whom applications for enrolment may be made.
_________
26. Disposal of applications for admission as an advocate.
CHAPTER I
26A. Power to remove names from roll.
PRELIMINARY
27. Application once refused not to be entertained by another Bar Council except in certain circumstances.
SECTIONS
28. Power to make rules.
1. Short title, extent and commencement.
CHAPTER IV
2. Definitions.
RIGHT TO PRACTISE
CHAPTER II
29. Advocates to be the only recognised class of persons entitled to practise law.
BAR COUNCILS
30. Right of advocates to practise.
3. State Bar Councils.
31. [Repealed.]
4. Bar Council of India.
32. Power of court to permit appearances in particular cases.
5. Bar Council to be body corporate. 33. Advocates alone entitled to practise.
6. Functions of State Bar Councils. 34. Power of High Courts to make rules.
7. Functions of Bar Council of India. CHAPTER V
7A. Membership in international bodies. CONDUCT OF ADVOCATES
8. Term of office of members of State Bar Council. 35. Punishment of advocates for misconduct.
8A. Constitution of special Committee in the absence of election. 36. Disciplinary powers of Bar Council of India.
9. Disciplinary committees. 36A. Changes in constitution of disciplinary committees.
9A. Constitution of legal aid committees. 36B. Disposal of disciplinary proceedings.
37. Appeal to the Bar Council of India.
10. Constitution of committees other than disciplinary committees.
38. Appeal to the Supreme Court.
10A. Transaction of business by Bar Councils and committees thereof.
39. Application of sections 5 and 12 of Limitation Act, 1963.
10B. Disqualification of members of Bar Council.
40. Stay of order.
11. Staff of Bar Council. 41. Alteration in roll of advocates.
12. Accounts and audit. 42. Powers of disciplinary committee.
13. Vacancies in Bar Council and committees thereof not to invalidate action taken. 42A. Powers of Bar Council of India and other committees.
14. Election to Bar Councils not to be questioned on certain grounds. 43. Cost of proceedings before a disciplinary committees.
15. Power to make rules. 44. Review of orders by disciplinary committee.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES CHAPTER VI
MISCELLANEOUS
16. Senior and other advocates.
17. State Bar Councils to maintain roll of advocates. 45. Penalty for persons illegally practising in courts and before other authorities.

18. Transfer of name from one State roll to another.

46. [Repealed.]
46A. Financial assistance to State Bar Council.
19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
47. Reciprocity.
20. Special provision for enrolment of certain Supreme Court advocates.
48. Indemnity against legal proceedings.
21. Disputes regarding seniority.
48A. Power of revision.
22. Certificate of enrolment
48AA. Review.
23. Right of pre-audience.
1 2

SECTIONS
48B. Power to give directions.
49. General power of the Bar Council of India to make rules.
49A. Power of Central Government to make rules.
50. Repeal of certain enactments.
51. Rule of construction.
52. Saving.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.
54. Term of office of members of first State Bar Councils.
55. Rights of certain existing legal practitioners not affected.
56. Dissolution of existing Bar Councils.
57. Power to make rules pending the constitution of a Bar Council.
58. Special provisions during the transitional period.
58A. Special provisions with respect to certain advocates.
58AA. Special provisions in relation to the Union territory of Pondicherry
58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
58AD. Special provisions with respect to certain persons migrating to India.
58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.
58AF. Special provisions in relation to Jammu and Kashmir.
58AG. Special provisions in relation to articled clerks.
58B. Special provision relating to certain disciplinary proceedings.
59. Removal of difficulties.
60. Power of Central Government to make rules.
THE SCHEDULE.
3 4
THE ADVOCATES ACT, 1961
ACT NO. 25 OF 1961
[19th May, 1961.]
An Act to amend and consolidate the law relating to the legal practitioners and to provide for the
constitution of Bar Councils and an All-India Bar.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Advocates Act, 1961.
1
[(2) It extends to the whole of India.]
(3) It 2[shall, in relation to the territories other than those referred to in sub-section (4), come into force]
on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different
dates3 may be appointed for different provisions of this Act.
4
[(4) This Act shall, in relation to the State of Jammu and Kashmir5 and the Union territory of Goa,
Daman and Diu, come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]
2. Definitions.―6[(1)] In this Act, unless the context otherwise requires,―
1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).
2. Subs. by s. 2, ibid., for “shall come into force” (w.e.f. 31-1-1974).
3. The provisions of the Act have been brought into force as under:―
16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50(2), see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961, in respect of s. 50(1), see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962, in respect of ss. 51 and 52, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary,
Part II, sec. (ii).
4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter VI [except s. 46,
sub-sections (1) and (2) of s. 50, ss. 51 and 52], see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st September, 1963, vide notification No. S.O. 2509, dated 31st August, 1963, in respect of Chapter V, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapters I, II, III, section 32 of Chapter IV and
Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1969, vide notification No. S.O. 1500, dated 5th April, 1969, in respect of ss. 29, 31, 33 and 34 of Chapter IV, see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979, except section 30 in respect of the Union territory
of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i).
15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India,
Extraordinary, Part II, sec. 3(i).
4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974).
5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and
Kashmir.
6. Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
 (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;
1
* * * * * of Kerala;
(d) “Bar Council” means a Bar Council constituted under this Act;
(e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act
extends;
2 and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]
* * * * *
(g) “High Court”, except in sub-section (1) 3[and sub-section (1A)] of section 34 and in sections 42 and 43, does
not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,--
(i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the
High Court for the State;
(ii) in the case of the Bar Council constituted for Delhi, 4[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 5[or vakil] of any High Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained under this Act;
(l) “State” does not include a Union territory;
(m) “State Bar Council” means a Bar Council constituted under section 3;
(n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under section 17.
3
[(2) 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.]
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, 6[Jammu and Kashmir,] 7[Jharkhand], 8[Madhya
Pradesh and Chhattisgarh], 9***, 10***, 11[Karnataka], Orissa, Rajasthan 12[Uttar Pradesh, 13[Uttaranchal, Meghalya,
Manipur and Tripura], to be known as the Bar Council of that State;
1. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15-10-1976).
2. Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
3. Ins. by s. 3, ibid. (w.e.f. 31-1-1974).
4. Subs. by s. 3, ibid., for “the High Court of Punjab” (w.e.f. 31- 1-1974).
5. Subs. by Act 107 of 1976, s. 2, for “vakil or attorney” (w.e.f. 15-10-1976).
6. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
7. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000).
8. Subs. by Act 28 of 2000, s.24, for “and Madhya Pradesh” (w.e.f. 1-11-2000).
9. The word “Madras” omitted by Act 26 of 1968, s. 3 and Sch. 4.
10. The word “Maharashtra” omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965).
11. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for “Mysore”
(w.e.f. 1-11-1973).
12. Subs. by Act 29 of 2000, s. 29, for “and Uttar Pradesh” (w.e.f. 9-11-2000).
13. Subs. by Act 26 of 2012, s. 9, for “and Uttaranchal” (w.e.f. 23-3-2013).
5 6
1
[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar
Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;]
(c) for the State of Kerala and the Union territory of 2[Lakshadweep] to be known as the Bar Council
3
[(cc) for the 4[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar
Council of Madras;]
5
[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and
6
[(d) for the States 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 7[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;
8 9
[ [in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the
Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio;
in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of
Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of
the State, ex officio;
10
[(b) 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:]
11
[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).]
1. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013).
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for “the Laccadive,
Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
3. Ins. by Act 26 of 1968, s. 3 and the Sch.
4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “State of Madras”
(w.e.f. 14- 1-1969).
5. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987).
6. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971).
7. Subs. by Act 81 of 1971, s. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.e.f. 21-1-1972).
8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
9. Subs. by Act 26 of 2012, s. 9, for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the
Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013).
10. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974).
11. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964).
 1 1
[(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.
(3A) 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 (38 of 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 (38 of 1977), assumes charges of the office.]
1
[(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for 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 time 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 (21 of 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.]
2
[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any
State Bar Council as constituted 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.]
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;
3
* * * * * (f) to manage and invest the funds of the Bar Council;
[(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 office ex officio, be two years from the
date of his election 2[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 a member of the State Bar
Council:
Provided that every such member shall continue to hold office as a member of the Bar Council of India
until his successor is elected.]
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 be the name by which it is known sue and be sued.
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 interests of advocates on its roll;
3
[(dd) to promote the growth of Bar Associations for the purposes of effective implementation 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 7;]
(e) to promote and support law reform;
4
[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest;
(eee) to organise legal aid to the poor in the prescribed manner;]

(c) one member elected by each State Bar Council from amongst its members. (g) to provide for the election of its members;
3
4 [(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of
[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he
sub-section (1) of section 7;]
possesses the qualifications specified in the proviso to sub-section (2) of section 3.]
5 (h) to perform all other functions conferred on it by or under this Act;
[(2) 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. (i) to do all other things necessary for discharging the aforesaid functions.
5
(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately [(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—
before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such of—
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: (a) giving financial assistance to organise welfare schemes for the indigent, disabled or other
advocates;
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 (b) giving legal aid or advice in accordance with the rules made in this behalf;
(Amendment) Act, 1977 (38 of 1977), assumes charge of the office.] 3
[(c) establishing law libraries.]

1. Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977).
2. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 1. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964).
3. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977). 2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).
3. Ins. by Act 70 of 1993, s. 2 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 4. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31-1-1974).
5. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977). 5. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 31-1-1974).
7 8

(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.]
7. Functions of Bar Council of India.― 1[(1)] The functions of the Bar Council of India shall be―
2 [8. Term of office of members of State Bar Council.―The term of office of an elected member of a
* * * * *
(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State
Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the
Universities in India imparting such education and the State Bar Councils;
(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate
and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it may give in this behalf];
4
[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the
purpose of admission as an advocate under this Act;]
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.
4
[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose
of—
(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf.
5
[(c) establishing law libraries.]
(3) The Bar Council of India 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.]
1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974).
3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
9 10
1
[7A. Membership in international bodies.―The Bar Council of India may become a member of
international legal bodies such as the International Bar Association or the International Legal Aid Association,
contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise
expenditure on the participation of its representatives in any international legal conference or seminar.]
2
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, extend the said
term for a period not exceeding six months.
8A. Constitution of Special Committee in the absence of election.―(1) Where a State Bar Council fails
to provide for the election of its members before the expiry of the term of five years or the extended term, as
the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately
following the day of such expiry, constitute a Special Committee consisting of―
(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of
section 3 to be the Chairman:
Provided that where there are more than one ex officio members, the senior most amongst them shall
be the Chairman; and
(ii) two members to be nominated by the Bar Council of India from amongst advocates on the
electoral roll of the State Bar Council,
to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.
(2) On the constitution of the Special Committee and until the State Bar Council is constituted—
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or
otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or
otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as
the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of
six months from the date of its constitution under sub-section (1), and where, for any reason the Special
Committee is not in a position to conduct election within the said period of six months, the Bar Council of
India may, for reasons to be recorded by it in writing, extend the said period.]
3
[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 persons elected 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 proceedings
pending before it as if this section had not been amended by the said Act.]
1. Ins. by Act 60 of 1973, s. 8 (w.e.f. 31-1-1974).
2. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993).
3. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964).
 1
[9A. Constitution of legal aid committees.―(1) A Bar Council may constitute one or more legal aid
11. Staff of Bar Council.―(1) Every Bar Council shall appoint a secretary and may appoint an
committees each of which shall consist of such number of members, not exceeding nine but not less than five,
accountant and such number of other persons on its staff as it may deem necessary.
as may be prescribed.
(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of a legal aid
committee shall be such as may be prescribed.] 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 may be prescribed.
10. Constitution of committees other than disciplinary committees.―(1) A State Bar Council shall
constitute the following standing committees, namely:― (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
(a) an executive committee consisting of five members elected by the Council from amongst its
prescribed.
members;
1
[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of
(b) an enrolment committee consisting of three members elected by the Council from amongst its
December of the year next following, a State Bar Council shall send a copy of its accounts together with a
members.
copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published
(2) The Bar Council of India shall constitute the following standing committees, namely:― in the official Gazette.
(a) an executive committee consisting of nine members elected by the Council from amongst its (4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of
members; 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
(b) a legal education committee consisting of ten members, of whom five shall be persons elected by
published in the Gazette of India.]
the Council from amongst its members and five shall be persons co- opted by the Council who are not
members thereof. 13. Vacancies in Bar Council 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
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other
any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be.
committees as it may deem necessary for the purpose of carrying out the provisions of this Act.
2 14. Election to Bar Councils not to be questioned on certain grounds.― No election of a member to a
[10A. Transaction of business by Bar Councils and committees thereof.―3[(1) The Bar Council of
Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any
India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing,
person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been
determine.
published in the Official Gazette.
(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be
15. Power to make rules.―(1) A Bar Council may make rules to carry out the purposes of this Chapter.
recorded in writing, determine.]
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the
for―
headquarters of the respective Bar Councils.
2
[(a) the election of members of the Bar Council by secret ballot including the conditions subject to
(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such
which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls
rules of procedure in regard to the transaction of business at their meetings as may be prescribed.
and the manner in which the results of election shall be published;]
(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall 3
* * * * *
observe such rules of procedure in regard to the transaction of business at their meetings as may be
4
prescribed.] [(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;]
4 5
[ [10B.] Disqualification of members of Bar Council.―An elected member of a Bar Council shall be (d) the manner in which and the authority by which doubts and disputes as to the validity of an
deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been election to the Bar Council 4[or to the office of the Chairman or Vice-Chairman] shall be finally decided;
absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any 5
* * * * *
cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar
Council of India.] (f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;

1. Subs. by Act 60 of 1973, s. 11, for sub-section (3) (w.e.f. 31-1- 1974).
1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974).
2. Ins. by s. 10, ibid. (w.e.f. 31-1-1974). 2. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974).
3. Subs. by Act 70 of 1993, s. 5, for sub-sections (1) and (2) (w.e.f. 26-12-1993). 3. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974).
4. Ins. by Act 21 of 1964, s. 6 (w.e.f. 16-5-1964).
5. Section 10A re-numbered as section 10B of the Act by Act 60 of 1973, s. 10 (w.e.f. 31-1-1974). 4. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977).
5. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966).
11 12
 1
[(ga) 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) organisation 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, 2*** 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.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
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, 3[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 interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the
appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
4
[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.]
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 addresses 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 5[including persons, being citizens
1. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974).
2. The words “the times and places where such meetings are to be held” omitted by s. 12, ibid. (w.e.f. 31-1-1974).
3. Subs. by s. 13, ibid., for “experience and standing at the Bar” (w.e.f. 31-1-1974).
4. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964).
5. Subs. by Act 60 of 1973, s. 14, for “and who, within the prescribed time” (w.e.f. 31-1-1974).
13
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 practise within the
jurisdiction of the Bar Council;
(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, 1[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) of sub-section (1) shall be determined in
accordance with his date of enrolment under the Indian Bar Councils 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 purposes of the first part of the State roll, be determined in accordance
with such principles as the Bar Council of India may specify;
2
* * * * *
(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.
3
[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether
before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 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.
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 the 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:
4
[Provided that where any such application for transfer is made by a person against whom any disciplinary
proceeding is pending or where for any other reason it 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.
1. Subs. by Act 21 of 1964, s. 9, for “and such seniority shall be determined” (w.e.f. 16-5-1964).
2. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974).
3. Ins. by Act 47 of 1980, s. 2 (29-11-1980).
4. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16-5-1964).
14

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 India 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 and additions to any such roll, as soon as the same have been made.
1
[20. Special provision for enrolment of certain Supreme Court advocates.―(1) Notwithstanding
anything contained in this Chapter, every advocate who was entitled as of right to practise 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 the 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.]
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
[(2) 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.]
3 academic years commencing from the academic year 1967-68 or any earlier academic year from any
[22. 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.]
23. Right of pre-audience.―(1) The Attorney-General of India shall have pre-audience over all other
advocates.
(2) Subject to the provisions of sub-section (1), the Solicitor-General of India shall have pre-audience over
all other advocates.
(3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall
have pre-audience over all other advocates.
4
[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General
of India shall have pre-audience over all other advocates.]
5
(4) Subject to the provisions of sub-sections (1), [(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
1. Subs. by Act 60 of 1973, s. 15, for section 20 (w.e.f. 31-1-1974).
2. Subs. by s. 16, ibid., for sub-section (2) (w.e.f. 31-1- 1974).
3. Subs. by s. 17, ibid., for section 22 (w.e.f. 31-1-1974).
4. Ins. by Act 47 of 1980, s. 3 (w.e.f. 29-11-1980).
5. Subs. by s. 3, ibid., for “(2) and (3)” (w.e.f. 29-11-1980).
15
(ii) the right of pre-audience of senior advocates inter se and other advocates inter se shall be
determined by their respective seniority.
24. Persons who may be admitted as advocates on a State roll.―(1) Subject to the provisions of this
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if
he fulfils the following conditions, namely:―
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country may be
admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that
other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the 1[12th day of March, 1967], from any University in the territory of India; or
(ii) before the 15th day of 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
2
[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a
three-year course of study in law from any University in India which is recognised for the purposes 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
University in India which is recognised for the purposes of this Act by the Bar Council of India; or]
3
[(iv) in any other case, from any University outside the territory of India, if the degree is
recognised for the purposes of this Act by the Bar Council of India; or]
4
[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed
passed the article clerk's 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 recognised by the Bar Council of India for the purpose of admission
as an advocate under this Act];
6
* * * * *
(e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council
under this Chapter;
7
[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp
Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and
to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that
Council:]
1. Subs. by Act 60 of 1973, s. 18, for “28th day of February, 1963” (w.e.f. 31-1-1974).
2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964).
4. Subs. by Act 60 of 1973, s. 18, for “he is a barrister” (w.e.f. 31-1-1974).
5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976).
6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974).
7. Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974).
8. Subs. by Act 70 of 1993, s. 6, for “two hundred and fifty rupees” (w.e.f. 26-12-1993).
16

Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and
produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable
by him to the State Bar Council shall be 1[one hundred rupees and to the Bar Council of India, twenty-five
rupees.]
2
[Explanation.―For the purposes 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), 3[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) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).
4
[(3) Notwithstanding anything contained in sub-section (1) a person who—
(a) 5*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time
time to be enrolled under any law 6*** 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
7
[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the
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]
8 (2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall
* * * *
(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was
comprised within Burma as defined in the Government of India Act, 1935 (25 & 26 Geo. 5 C 42); or
(d) 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 provisions of this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).]
9
* * * *
10
[24A. Disqualification for enrolment.―(1) No person shall be admitted as an advocate on a State
roll―
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955
(22 of 1955);
1. Subs. by Act 70 of 1993, s. 6, for “one hundred and twenty-five rupees” (w.e.f. 26-12-1993).
2. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962).
3. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964).
4. Ins. by s. 13, ibid. (w.e.f. 16-5-1964).
5. The words, figures and letter “before the 31st day of March, 1964,” omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968).
6. The words “then in force” omitted by s. 2, ibid. (w.e.f. 5-6- 1968).
7. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974).
8. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974).
9. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976).
10. Ins. by Act 60 of 1973, s. 19 (w.e.f. 31-1-1974).
17
1
[(c) if he is dismissed or removed from employment or office under the State on any charge
involving moral turpitude.
Explanation.―In this clause, the expression “State” shall have the meaning assigned to it under
article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of
two years has elapsed since his 2[released or dismissal or, as the case may be, removal.]
(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt
with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).]
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 practise.
26. Disposal of applications for admission as an advocate.―(1) A State Bar Council shall refer every
application for admission as an advocate to its enrolment committee, and subject to the provisions of
sub-sections (2) and (3) 3[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:
4
[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.]
*
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 the 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.
3
[(4) 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.]
5
* [26A. Power to remove names from roll.―A State Bar Council may remove from the State roll the
name of any advocate who is dead or from whom a request has been received to that effect.]
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 person 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.
28. Power to make rules.―(1) A State Bar Council may make rules to carry out the purposes of this
Chapter.
1. Ins. by Act 70 of 1993, s. 7 (w.e.f. 26-12-1993).
2. Subs. by s. 7, ibid., for “release” (w.e.f. 26-12-1993).
3. Ins. by Act 21 of 1964, s. 14 (w.e.f.16-5-1964).
4. The proviso added by s. 14, ibid. (w.e.f. 16-5-1964).
5. Subs. by Act 60 of 1973, s. 20, for section 26A (w.e.f. 31-1-1974).
18

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for—
1 passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State
[(a) 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;]
2 *
* * * *
(c) the form in which an application shall be made to the Bar Council for admission as an advocate
on its roll and 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 instalments 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.
CHAPTER IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.―Subject to the
provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class
of persons entitled to practise the profession of law, namely, advocates.
30. Right of advocates to practise.―Subject to the provisions of this Act, every advocate whose name is
entered in the 3[State roll] shall be entitled as of right to practise 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 any law for the
time being in force entitled to practise.
31. [Special provision for attorneys.].―Omitted by the Advocates (Amendment) Act, 1976 (107 of 976),
s. 7 (w.e.f. 1-1-1977).
32. Power of court to permit appearances in particular cases.―Notwithstanding anything contained in
this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this
Act, to appear before it or him in any particular case.
33. Advocates alone entitled to practise.―Except as otherwise provided in this Act or in any other law
for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or
before any authority or person unless he is enrolled as an advocate under this Act.
34. Power of High Courts to make rules.―(1) The High Court may make rules laying down the
conditions subject to which an advocate shall be permitted to practise in the High Court and the courts
subordinate thereto.
4
[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable
as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court
or in any Court subordinate thereto.]
1. Subs. by Act 60 of 1973, s. 21, for clause (a) (w.e.f. 31-1-1974).
2. Clause (b) omitted by s. 21, ibid. (w.e.f. 31-1-1974).
3. Subs. by s. 22, ibid., for “common roll” (w.e.f. 31-1- 1974).
4. Ins. by s. 23, ibid. (w.e.f. 31-1-1974).
19
1
[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may
make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be
roll and any other matter connected therewith.]
2
* * * *
*
CHAPTER V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.―(1) Where on receipt of a complaint or otherwise a State
Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other
misconduct, it shall refer the case for disposal to its disciplinary committee.
3
[(1A) The State Bar Council may, either of its own motion or on application made to it by any person
interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made
by any other disciplinary committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 4*** shall fix a date for the hearing of the case and
shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the
Advocate-General an opportunity of being heard, may make any of the following orders, namely:―
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the
period of suspension, be debarred from practising in any court or before any authority or person in India.
(5) Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may
appear before the disciplinary committee of the State Bar Council either in person or through any advocate
appearing on his behalf.
5
[Explanation.―In this section, 3[section 37 and section 38], the expressions “Advocate-General” and
“Advocate-General of the State” shall, in relation to the Union territory of Delhi, mean the Additional
Solicitor General of India.]
36. Disciplinary powers of Bar Council of India.―(1) Where on receipt of a complaint or otherwise the
Bar Council of India has reason to believe that any advocate 6*** whose name is not entered on any State roll
has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary
committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of
India may, 7[either of its own motion or on a report by any State Bar Council or on an application made to it
1. Ins. by Act 38 of 1977, s. 6 (w.e.f. 31-10-1977).
2. Sub-section (3) omitted by Act 107 of 1976, s. 8 (w.e.f. 1-1-1977).
3. Ins. by Act 60 of 1973, s. 24 (w.e.f. 31-1-1974).
4. The words “, if it does not summarily reject the complaint,” omitted by s. 24, ibid. (w.e.f. 31-1-1974).
5. Ins. by Act 21 of 1964, s. 17 (w.e.f. 16-5-1964).
6. The words “on the common roll” omitted by Act 60 of 1973, s. 25 (w.e.f. 31-1-1974).
7. Subs. by s. 25, ibid., for “of its own motion” (w.e.f. 31-1- 1974).
20
by any person interested], withdraw for inquiry before itself any proceedings for disciplinary action against
any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.
(3) The disciplinary committee of the Bar Council of India, in disposing of any case under this section,
shall observe, so far as may be, the procedure laid down in section 35, the references to the Advocate-General
in that section being construed as references to the Attorney-General of India.
(4) In disposing of any proceedings under this section the disciplinary committee of the Bar Council of
India may make any order which the disciplinary committee of a State Bar Council can make under
sub-section (3) of section 35, and where any proceedings have been withdrawn for inquiry 1[before the
disciplinary committee of the Bar Council of India], the State Bar Council concerned shall give effect to any
such order.
2
[36A. Changes in constitution of disciplinary committees.―Whenever in respect of any proceedings
under section 35 or section 36, a disciplinary committee of the State Bar Council or a disciplinary committee
of the Bar Council of India ceases to exercise jurisdiction and is succeeded by another committee which has
and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee
of the Bar Council of India, as the case may be, so succeeding may continue the proceedings from the stage at
which the proceedings were so left by its predecessor committee.
36B. Disposal of disciplinary proceedings.―(1) The disciplinary committee of a State Bar Council shall
dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall
be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation
of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings
shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding
withdrawn for inquiry under sub-section (2) of section 36.
(2) Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates
(Amendment) Act, 1973 (60 of 1973), any proceedings in respect of any disciplinary matter against an
advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of
the State Bar Council shall dispose of the same within a period of six months from the date of such
commencement or within a period of one year from the date of the receipt of the complaint or, as the case may
be, the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing
which such proceedings shall stand transferred to the Bar Council of India for disposal under sub-section (1).]
37. Appeal to the Bar Council of India.―(1) Any person aggrieved by an order of the disciplinary
committee of a State Bar Council made 3[under section 35] 4[or the Advocate-General of the State] may,
within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of
India.
(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may
pass such order 4[(including an order varying the punishment awarded by the disciplinary committee of the
State Bar Council)] thereon as it deems fit:
4 (d) requisitioning any public record or copies thereof from any court or office;
[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the
disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without
giving him reasonable opportunity of being heard.]
1. Subs. by Act 60 of 1973, s. 25, for “before the Bar Council of India” (w.e.f. 31-1-1974).
2. Ins. by s. 26, ibid. (w.e.f. 31-1-1974).
3. Subs. by Act 21 of 1964, s. 18, for “under sub-section (3) of section 35” (w.e.f. 16-5-1964).
4. Ins. by Act 60 of 1973, s. 27 (w.e.f. 31-1-1974).
21
38. Appeal to the Supreme Court.―Any person aggrieved by an order made by the disciplinary
committee of the Bar Council of India under section 36 or section 37 1[or the Attorney-General of India or the
Advocate-General of the State concerned, as the case may be,] may, within sixty days of the date on which the
order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such
order 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council
of India)] thereon as it deems fit:
1
[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the
Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity
of being heard.]
2
[39. Application of sections 5 and 12 of Limitation Act, 1963.―The provisions of sections 5 and 12 of
the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply to appeals under section 37 and section
38.]
40. Stay of order.―3[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of
the order appealed against, but the disciplinary committee of the Bar Council of India, or the Supreme Court,
as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it
may deem fit.
4
[(2) Where an application is made for stay of the order before the expiration of the time allowed for
appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the
disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the
stay of such order on such terms and conditions as it may deem fit.]
41. Alteration in roll of advocates.―(1) Where an order is made under this Chapter reprimanding or
suspending an advocate, a record of the punishment shall be entered against his name—
(a) in the case of an advocate whose name is entered in a State roll, in that roll;
5
* * * * *
and where any order is made removing an advocate from practice, his name shall be struck off the State roll
6
***.
7
* * * * *
(3) Where any advocate is suspended or removed from practice, the certificate granted to him under
section 22, in respect of his enrolment shall be recalled.
42. Powers of disciplinary committee.―(1) The disciplinary committee of a Bar Council shall have the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of
the following matters, namely:―
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed:
1. Ins. by Act 60 of 1973, s. 28 (w.e.f. 31-1-1974).
2. Subs. by s. 29, ibid., for section 39 (w.e.f. 31-1-1974).
3. Section 40 re-numbered as sub-section (1) of that section by s. 30, ibid. (w.e.f. 31-1-1974).
4. Ins. by s. 30, ibid. (w.e.f. 31-1-1974).
5. Clause (b) omitted by s. 31, ibid. (w.e.f. 31-1-1974).
6. The words “or the common roll, as the case may be” omitted by s. 31, ibid. (w.e.f. 31-1-1974).
7. Sub-section (2) omitted by s. 31, ibid. (w.e.f. 31-1-1974).
22
 Provided that no such disciplinary committee shall have the right to require the attendance of—
(a) any presiding officer of a court except with the previous sanction of the High Court to which such
court is subordinate;
(b) any officer of a revenue court except with the previous sanction of the State Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and every
such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485
of the Code of Criminal Procedure, 18981 (5 of 1898).
(3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons or other
process, for the attendance of a witness or the production of a document required by the committee or any
commission which it desires to issue, and the civil court shall cause such process to be served or such
commission to be issued, as the case may be, and may enforce any such process as if it were a process for
attendance or production before itself.
2
[(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on a date
fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the
proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in
any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on
any such date:
Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in any
proceeding unless the Chairman and other members of the disciplinary committee are present.
(5) Where no final orders of the nature referred to in sub- section (3) of section 35 can be made in any
proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon,
shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting
as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council,
and the said Chairman or the Vice-Chairman of the Bar Council, as the case may be, after such hearing as he
thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.]
3
[42A. Powers of Bar Council of India and other committees.― The provisions of section 42 shall, so
far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee,
the legal aid committee, or any other committee of a Bar Council as they apply in relation to the disciplinary
commitee of a Bar Council.]
43. Cost of proceedings before a disciplinary committees.― The disciplinary committee of a Bar
Council may make such order as to the costs of any proceedings before it as it may deem fit and any such
order shall be executable as if it were an order―
(a) in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme
Court;
(b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
44. Review of orders by disciplinary committee.― The disciplinary committee of a Bar Council may of
its own motion or otherwise review any order 4[within sixty days of the date of that order,] passed by it under
this Chapter:
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 345(1), 346 and 349.
2. Ins. by Act 60 of 1973, s. 32 (w.e.f. 31-1-1974).
3. Ins. by s. 33, ibid. (w.e.f. 31-1-1974).
4. Ins. by s. 34, ibid. (w.e.f. 31-1-1974).
23
Provided that no such order of review of the disciplinary committee of a State Bar Council shall have
effect unless it has been approved by the Bar Council of India.
CHAPTER VI
MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before other authorities.―Any person who
practises in any court or before any authority or person, in or before whom he is not entitled to practise under
the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
[46. Payment of part of enrolment fees to the Bar Council of India].―Omitted by Act 70 of 1993, s. 8
(w.e.f. 26-12-1993).
1
[46A. Financial assistance to State Bar Council.―The Bar Council of India may, if it is satisfied that
any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such
financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]
47. Reciprocity.―(1) Where any country, specified by the Central Government in this behalf by
notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects
them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the
profession of law in India.
(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribe the conditions, if
any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be
recognised for the purpose of admission as an advocate under this Act.
48. Indemnity against legal proceedings.―No suit or other legal proceeding shall lie against any Bar
Council or any committee thereof or a member of a Bar Council 2[or any committee thereof] for any act in
good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made
thereunder.
3
[48A. Power of revision.―(1) The Bar Council of India may, at any time, call for the record of any
proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and
from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him
a reasonable opportunity of being heard.
4
[48AA. Review.―The Bar Council of India or any of its committees, other than its disciplinary
committee, may of its own motion or otherwise review any order, within sixty days of the date of that order,
passed by it under this Act.]
48B. Power to give directions.―(1) For the proper and efficient discharge of the functions of a State Bar
Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general
supervision and control, give such directions to the State Bar Council or any committee thereof as may appear
to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar
Council of India may, without prejudice to the generality of the foregoing power, give such directions to the
ex officio member thereof as may appear to it to be necessary, and such directions shall have effect,
notwithstanding anything contained in the rules made by the State Bar Council.]
1. Ins. by Act 60 of 1973, s. 35 (w.e.f. 31-1-1974).
2. Ins. by s. 36, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
4. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974).
24
 49. General power of the Bar Council of India to make rules.― 1[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
2
[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar
Council including the qualifications or disqualifications of voters, and the manner in which an electoral
roll of voters may be prepared and revised by a State Bar Council;
(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;
(ac) the time within which and the manner in which effect may be given to the proviso to sub-section
(2) of section 3;
(ad) the manner in which the name of any advocate may be prevented from being entered in more
than one State roll;
(ae) the manner in which the seniority among advocates may be determined;
3
[(af) the minimum qualifications required for admission to a course of degree in law in any
recognised University;]
(ag) the class or category of persons entitled to be enrolled as advocates;
(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances
under which a person shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer of the name of an advocate from
one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by advocates;
(d) the standards of legal education to be observed by Universities in India and the inspection of
Universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be
recognised for the purpose of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own
disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be subject;
4
[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions,
appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
5
[(i) general principles for guidance of State Bar Councils and the manner in which directions issued
or orders made by the Bar Council of India may be enforced;
(j) any other matter which may be prescribed:]
4
[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have
been approved by the Chief Justice of India:]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964).
3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974).
4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964).
25
1
[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been
approved by the Central Government.
2
[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with
reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or
repealed or amended in accordance with the provisions of this Act.]
3
[49A. Power of Central Government to make rules.―(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with
respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar
Councils and the manner in which the directions issued or orders made by the Bar Council of India may
be enforced;
(c) the class or category of persons entitled to be enrolled as advocates under this Act;
(d) the category of persons who may be exempted from undergoing a course of training and passing
an examination prescribed under clause (d) of sub-section (1) of section 24;
(e) the manner in which seniority among advocates may be determined;
(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the
procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of India or for all or any of the Bar
Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the
Central Government under this section, then, the rule under this section, whether made before or after the rule
made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the
repugnancy, be void.
4
[(5) Every rule made under this section shall be laid, as soon as may be after it is made, 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
both Houses agree that the rule should not be made, the 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 rule.]
50. Repeal of certain enactments.―(1) On the date on which a State Bar Council is constituted under
this Act, the provisions of sections 3 to 7 (inclusive), sub-sections (1), (2) and (3) of section 9, section 15 and
section 20 of the Indian Bar Councils Act, 1926 (38 of 1926), shall stand repealed in the territory for which
the State Bar Council is constituted.
1. Subs. by Act 60 of 1973, s. 38, for “Provided that” (w.e.f. 31-1-1974).
2. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16-5-1964).
4. Subs. by Act 60 of 1973, s. 39, for sub-section (5) (w.e.f. 31-1- 1974).
26
 (2) On the date on which Chapter III comes into force, the following shall stand repealed, namely:―
(a) sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections
8, 9, 16, 17, 19 and 41 of that Act as relate to the admission and enrolment of legal practitioners;
(b) sections 3, 4 and 6 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) so much of section 8 of the Indian Bar Councils Act, 1926 (38 of 1926), as relates to the admission
and enrolment of legal practitioners;
(d) the provisions of the Letters Patent of any High Court and of any other law in so far as they relate
to the admission and enrolment of legal practitioners.
(3) On the date on which Chapter IV comes into force, the following shall stand repealed, namely:―
(a) sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections
8, 9, 19 and 41 of that Act as confer on legal practitioners the right to practise in any court or before any
authority or person;
(b) sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) section 14 of the Indian Bar Councils Act, 1926 (38 of 1926) and, so much of sections 8 and 15 of
that Act as confer on legal practitioners the right to practise in any court or before any authority or person;
(d) the Supreme Court Advocates (Practice in High Courts) Act, 1951 (18 of 1951);
(e) the provisions of the Letters Patent of any High Court and of any other law conferring on legal
practitioners the right to practise in any court or before any authority or person.
(4) On the date on which Chapter V comes into force, the following shall stand repealed, namely:―
(a) sections 12 to 15 (inclusive), sections 21 to 24 (inclusive) and sections 39 and 40 of the Legal
Practitioners Act, 1879 (18 of 1879), and so 82 much of sections 16, 17 and 41 of that Act as relate to the
suspension, removal or dismissal of legal practitioners;
(b) sections 24 to 27 (inclusive) of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) sections 10 to 13 (inclusive) of the Indian Bar Councils Act, 1926 (38 of 1926);
(d) the provisions of the Letters Patent of any High Court and of any other law in so far as they relate
to the suspension, removal or dismissal of legal practitioners.
(5) When the whole of this Act has come into force—
(a) the remaining provisions of the Acts referred to in this section which do not stand repealed by
virtue of any of the foregoing provisions of this section (except sections 1, 3 and 36 of the Legal
Practitioners Act, 1879) (18 of 1879) shall stand repealed;
(b) the enactment specified in the Schedule shall stand repealed to the extent mentioned therein.
51. Rule of construction.―On and from the appointed day, references in any enactment to an advocate
enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under
this Act.
52. Saving.―Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules
under article 145 of the Constitution―
(a) for laying down the conditions subject to which a senior advocate shall be entitled to practise in
that Court;
27
(b) for determining the persons who shall be entitled to 1[act or plead] in that Court.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.―Notwithstanding anything contained in this Act, the elected
members of a State Bar Council, constituted for the first time under this Act, shall be elected by and from
amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to
practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be
constituted.
Explanation.―Where the territory for which the Bar Council is to be constituted includes a Union
territory, the expression “High Court” shall include the court of the Judicial Commissioner of that Union
territory.
54. Term of office of members of first State Bar Councils.―Notwithstanding anything contained in
this Act, the term of office of the 2*** elected members of 3*** a State Bar Council constituted for the first
time, shall be two years from the date of the first meeting of the Council:
4
[Provided that such members shall continue to hold office until the State Bar Council is reconstituted in
accordance with the provisions of this Act.]
55. Rights of certain existing legal practitioners not affected.―Notwithstanding anything contained in
this Act.—
(a) every pleader or vakil practising as such immediately before the date on which Chapter IV comes
into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal
Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or any
other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act;
5
* * * * *
6
[(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of
the Legal Practitioners Act, 1879 (18 of 1879), or any other law, who does not elect to be, or is not
qualified to be, enrolled as an advocate under this Act;
(d) every revenue agent practising as such immediately before the said date by virtue of the provisions
of the Legal Practitioners Act, 1879 (18 of 1879), or any other law;]
shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879
(18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or other law, continue to enjoy the
same rights as respects practice in any court or revenue office or before any authority or person and be subject
to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was
subject immediately before the said date and accordingly the relevant provisions of the Acts or law aforesaid
shall have effect in relation to such persons as if they had not been repealed.
56. Dissolution of existing Bar Councils.―(1) On the constitution under this Act of a State Bar Council,
other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council)—
(a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar
Council;
1. Subs. by Act 70 of 1993, s. 9, for “act” (w.e.f. 26-12-1993).
2. The words “nominated and” omitted by Act 14 of 1962, s. 3 (w.e.f. 30-3-1962).
3. The words “the Bar Council of India and” omitted by Act 21 of 1964, s. 22 (w.e.f. 16-5-1964).
4. Ins. by s. 22, ibid. (w.e.f. 16-5-1964).
5. Clause (b) omitted by Act 107 of 1976, s. 10 (w.e.f. 1-1-1977).
6. Subs. by Act 21 of 1964, s. 23, for clause (c) (w.e.f. 16-5-1964).
28
 (b) all rights, liabilities, and obligations of the corresponding Bar Council, whether arising out of any
contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council;
(c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter
or otherwise shall stand transferred to the new Bar Council.
(2) In this section, “corresponding Bar Council” in relation to a State Bar Council, other than the Bar
Council of Delhi, means the Bar council for the High Court in the territory for which the State Bar Council is
constituted under this Act.
57. Power to make rules pending the constitution of a Bar Council.―Until a Bar Council is
constituted under this Act, the power of that Bar Council to make rules under this Act shall be exercised—
(a) in the case of the Bar Council of India, by the Supreme Court;
(b) in the case of a State Bar Council, by the High Court.
1
[58. Special provisions during the transitional period.―(1) Where a State Bar Council has not been
constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by
reason of any order of a court or otherwise, the functions of that Bar Council or of any committee thereof, in
so far as they relate to the admission and enrolment of advocates, shall be performed by the High Court in
accordance with the provisions of this Act.
(2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a
State Bar Council may enrol any person to be an advocate on a State roll, if he is qualified to be so enrolled
under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have
not been approved by the Bar Council of India, and every person so enrolled shall, until that Chapter comes
into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the Indian Bar
Councils Act, 1926 (38 of 1926).
(3) Notwithstanding anything contained in this Act, every person who, immediately before the 1st day of
December, 1961, was an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926
(38 of 1926) or who has been enrolled as an advocate under this Act shall, until Chapter IV comes into force,
be entitled as of right to practise in the Supreme Court, subject to the rules made by the Supreme Court in this
behalf.
(4) Notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the Legal Practitioners
Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) 2[or of any other law
relating to the admission and enrolment of legal practitioners, the provisions of the Acts and law aforesaid]
and any rules made thereunder in so far as they relate to 3[the renewal or the issue by way of renewal] of a
certificate to a legal practitioner authorising him to practise shall have effect until Chapter IV comes into force
and, accordingly, every certificate issued or renewed to a legal practitioner (who is not enrolled as an advocate
under this Act) which is or purports to be issued or renewed under the provisions of either of the aforesaid
Acts 4[or of the other law] during the period beginning with the 1st day of December, 1961 and ending with
the date on which Chapter IV comes into force, shall be deemed to have been validly issued or renewed.
5
[58A. Special provisions with respect to certain advocates.―(1) Notwithstanding anything contained
in this Act, all advocates who, immediately before the 26th day of July, 1948, were entitled to practise in the
High Court in Allahabad or the Chief Court in Oudh and who under the provisions of the United Provinces
High Courts (Amalgamation) Order, 1948 were recognised as advocates entitled to practise in the new High
1. Ins. by Act 14 of 1962, s. 4 (w.e.f. 30-3-1962).
2. Subs. by Act 32 of 1962, s. 3, for certain words (retrospectively).
3. Subs. by Act 21 of 1964, s. 24, for “the issue and renewal” (w.e.f. 16-5-1964).
4. Ins. by Act 32 of 1962, s. 3 (w.e.f. 30-3-1962).
5. Ins. by Act 21 of 1964, s. 25 (w.e.f. 16-5-1964).
29
Court of Judicature at Allahabad but whose names were not formally entered on the roll of advocates of that
High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court,
and all advocates who were enrolled as such between the said date and the 26th day of May, 1952, shall, for
the purposes of clause (a) of sub-section (1) of section 17 be deemed to be persons who were entered as
advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and every
such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of
Uttar Pradesh.
(2) Notwithstanding anything contained in this Act, all advocates who, immediately before the 10th day of
October, 1952, were entitled to practise in the High Court of Hyderabad but whose names were not formally
entered on the roll of advocates of that High Court merely by reason of the non-payment of the fee payable to
the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of section 17, be
deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar
Councils Act, 1926 (38 of 1926) and every such person may, on an application being made in this behalf, be
admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra.
(3) Notwithstanding anything contained in this Act, all advocates who, immediately before the 1st day of
May, 1960, were entitled to practise in the High Court of Bombay and who applied to get their names entered
on the roll of advocates of the High Court of Gujarat under the provisions of section 8 of the Indian Bar
Councils Act, 1926 (38 of 1926) but whose names were not so entered by reason of the repeal of the said
provision shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who
were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person
may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat.
(4) Notwithstanding anything contained in this Act, all persons who, immediately before the 1st day of
December, 1961, were advocates on the roll of the court of Judicial Commissioner in any Union territory
under any law in force in that territory shall, for the purposes of clause (a) of sub-section (1) of section 17, be
deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar
Councils Act, 1926 (38 of 1926) and every such person may, on an application made in this behalf, be
admitted as an advocate on the State roll maintained in respect of that Union territory.
1
[58AA. Special provisions in relation to the Union territory of Pondicherry.―(1) Notwithstanding
anything contained in this Act, all persons who, immediately before the date on which the provisions of
Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the
profession of law (whether by way of pleading or acting or both) under any law in force in the said Union
territory or who would have been so entitled had they not been in public service on the said date, shall for the
purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as
advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such
person may, on an application made in this behalf within such time as may be specified by the Bar Council of
Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory.
(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter IV are brought into force in the Union territory of Pondicherry, was
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue
of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to
be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions
of such law by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), continue to enjoy the same rights
as respects practice in any court or revenue office or before any authority or person and be subject to the
disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was
subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall
have effect in relation to such persons as if they had not been repealed.]
1. Ins. by Act 26 of 1968, s. 3 and Sch. (w.e.f. 24-5-1968).
30
 1
[58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.-
Notwithstanding anything contained in this Act or any judgment, decree or order of any court or any
resolution passed or direction given by the Bar Council of India, every person who was admitted as an
advocate on the State roll by the State Bar Council of Mysore during the period beginning with the 28th day
of February, 1963, and ending on the 31st day of March, 1964, on the basis of his having obtained a certificate
of pleadership from the High Court of Mysore, shall, save as otherwise provided, be deemed to have been
validly admitted as an advocate on that State roll and accordingly entitled to practise the profession of law
(whether by way of pleading or acting or both):
Provided that where any such person has elected to be enrolled as an advocate on the roll of any other
State Bar Council, his name shall be deemed to have been struck off the roll of the State Bar Council of
Mysore from the date he was enrolled by the other State Bar Council:
Provided further that the seniority of such person, whether his name is borne on the State roll of the State
Bar Council of Mysore, or on the State roll of any other Bar Council, shall, for the purposes of clause (d) of
sub-section (3) of section 17, be determined by reckoning the 16th day of May, 1964, as the date of
admission.]
2 they had not been repealed.
[58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar
Council.―Notwithstanding anything contained in this Act or any judgment, decree or order of any court,
every person who was enrolled as an advocate by the High Court during the period beginning with the
2nd day of January, 1962 and ending on the 25th day of May, 1962 and was subsequently admitted as an
advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly
admitted as an advocate on that State roll from the date of his enrolment by the High Court and accordingly
entitled to practise the profession of law (whether by way of pleading or acting or both).
58AD. Special provisions with respect to certain persons migrating to India.―Notwithstanding the
repeal by this Act of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or of any other law
relating to the admission and enrolment of legal practitioners (hereafter in this section referred to as such Act
or law), every person who migrates to the territory of India from any area which, before the 15th day of
August, 1947, was comprised within India as defined in the Government of India Act, 1935, and who has,
before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force
therein, may be admitted and enrolled under the relevant provisions of such Act or law as a pleader, mukhtar
or, as the case may be, revenue agent, if he―
(a) makes an application for the purpose to the appropriate authority under such Act or law; and
(b) is a citizen of India and fulfils other conditions, if any, specified in this behalf by the appropriate
authority aforesaid,
and notwithstanding the repeal by this Act of the relevant provisions of such Act or law, every pleader,
mukhtar or revenue agent so enrolled shall have the same rights as respects practice in any court or revenue
office or before any other authority or person and be subject to the disciplinary jurisdiction of the same
authority to which he would be subject under the relevant provisions of such Act or law as if they had not
been repealed and accordingly, those provisions shall have effect in relation to such persons.
58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.―(1)
Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the
provisions of Chapter III are brought into force in the Union territory of Goa, Daman and Diu, were entitled to
practise the profession of law (whether by way of pleading or acting or both) under any law in force in the
said Union territory or who would have been so entitled had they not been in public service on the said date,
1. Ins. by Act 33 of 1968, s. 3 (w.e.f. 5-6-1968).
2. Ins. by Act 60 of 1973, s. 40 (w.e.f. 31-1-1974).
31
shall, for the purpose of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered
as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such
person may, on an application made in this behalf within such time as may be specified by the Bar Council of
Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory:
Provided that the provisions of this sub-section shall not apply to any person who, on the date of the
application aforesaid, was not a citizen of India.
(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter IV are brought into force in the Union territory of Goa, Daman and Diu, was
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue
of the provisions of any law in force in the said Union territory, or who does not elect to be or is not qualified
to be enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal by this Act of the
relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue
office or before any other authority or person and be subject to the disciplinary jurisdiction of the same
authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date
and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if
(3) On the date on which this Act or any part thereof comes into force in the Union territory of Goa,
Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which
does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed.
58AF. Special provisions in relation to Jammu and Kashmir.―(1) Notwithstanding anything
contained in this Act, all advocates who, immediately before the date on which the provisions of Chapter III
are brought into force in the State of Jammu and Kashmir, were entitled to practise in the High Court of that
State, or who would have been so entitled had they not been in public service on the said date, shall, for the
purpose of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates
on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may,
on an application made in this behalf within such time as may be specified by the Bar Council of India, be
admitted as an advocate on the State roll maintained in respect of the said State.
(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter III are brought into force in the State of Jammu and Kashmir, was entitled
otherwise than as an advocate to practise the profession of law (whether by way of pleading or acting or both)
by virtue of the provisions of any law in force in the said State, or who would have been so entitled had he not
been in public service on the said date, may be admitted as an advocate on the State roll maintained in respect
of the said State, if he―
(i) makes an application for such enrolment in accordance with the provisions of this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1) of section 24.
(3) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter IV are brought into force in the State of Jammu and Kashmir, was practising
the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the
provisions of any law in force therein or who does not elect to be or is not qualified to be enrolled as an
advocate under sub-section (1) or sub-section (2), shall, notwithstanding the repeal by this Act of the relevant
provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or
before any other authority or person and be subject to the disciplinary jurisdiction of the same authority which
he enjoyed, or as the case may be, to which he was subject, immediately before the said date and accordingly
the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been
repealed.
32
 (4) On the date on which this Act or any part thereof comes into force in the State of Jammu and Kashmir, (5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.]
the law in force in that State which corresponds to this Act or such part thereof which does not stand repealed
59. Removal of difficulties.―(1) If any difficulty arises in giving effect to the provisions of this Act,
by virtue of the provisions of section 50 of this Act, shall also stand repealed.]
particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act,
1
[58AG. Special provisions in relation to articled clerks.―Notwithstanding anything contained in this the Central Government may, by order published in the Official Gazette, make such provisions not
Act, every person who, immediately before the 31st day of December, 1976, has commenced his articleship inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the
and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at difficulty.
Calcutta in accordance with the rules made under sub-section (2) of section 34, before the omission of that
(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier
sub-section by the Advocates (Amendment) Act, 1976 (107 of 1976), be admitted as an advocate on the State
than the 1st day of December, 1961.]
roll if he―
1
[60. Power of Central Government to make rules.―(1) Until rules in respect of any matter under this
(i) passes, on or before the 31st day of December, 1980,―
Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in
(a) the Final examination in a case where such person has, before the 31st day of December, respect of that matter shall be exercisable by the Central Government.
1976, passed the Intermediate examination,
(2) The Central Government after consultation with the Bar Council of India may, by notification in the
(b) the Intermediate and the Final examinations in any other case.
Official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all
Explanation.―For the purpose of this clause, the High Court at Calcutta may prescribe such rules as State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.
may be necessary under sub-section (2) of section 34, specifying the nature of the examinations and any
(3) Where in respect of any matter any rules are made by the Central Government under this section for
other matter relating thereto;
any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and
(ii) makes an application for such enrolment in accordance with the provisions of this Act; and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette,
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1) of section 24.] direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar
Council with effect from such date as may be specified in the notification and on the issue of such
58B. Special provision relating to certain disciplinary proceedings.―(1) As from the 1st day of
notification, the rules made by the Central Government shall, accordingly, cease to be in force except as
September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of
respects things done or omitted to be done before the said date.]
a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar
Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.
(2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in
relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926
(38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as
if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of
section 56:
Provided that where in respect of any such proceeding the High Court has received the finding of a
Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926 (38 of 1926), the High Court shall
dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred
on it under section 12 of the said Act as if that section had not been repealed:
Provided further that where the High Court has referred back any case for further inquiry under sub-
section (4) of section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in
relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under
clause (c) of sub- section (1) of section 56.
(3) If immediately before the said date there is any proceeding in respect of any disciplinary matter
pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any
State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which
he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder.
(4) In this section “existing advocate” means a person who was enrolled as an advocate on the roll of any
High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and who, at the time when any proceeding
in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a State roll
under this Act.
1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14-9-1962).

1. Ins. by Act 38 of 1977, s. 7 (w.e.f. 31-10-1977).

33 34
 THE SCHEDULE
[See section 50(5)]
REPEAL OF CERTAIN ENACTMENTS
Short title
1. The Legal Practitioners (Women) Act, 1923 (23 of 1923)
2. The Legal Practitioners (Fees) Act, 1926 (21 of 1926)
3. The States Reorganisation Act, 1956 (37 of 1956)
4. The Bombay Reorganisation Act, 1960 (11 of 1960)
35
THE CONTEMPT OF COURTS ACT, 1971
ACT NO. 70 OF 1971
[24th December, 1971.]
Extent of repeal
An Act to define and limit the powers of certain courts in punishing contempts of courts and to
The whole. regulate their procedure in relation thereto.
The whole. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
Section 53. 1. Short title and extent.—(1) This Act may be called the Contempt of Courts Act, 1971.
Section 31. (2) It extends to the whole of India:
Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the
provisions of this Act relate to contempt of the Supreme Court.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “contempt of court” means civil contempt or criminal contempt;
(b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or
other process of a court or wilful breach of an undertaking given to a court;
(c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs,
or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever
which—
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any
court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner;
(d) “High Court” means the High Court for a State or a Union territory, and includes the court of
the Judicial Commissioner in any Union territory.
3. Innocent publication and distribution of matter not contempt.—(1) A person shall not be guilty
of contempt of court on the ground that he has published (whether by words, spoken or written, or by
signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or
obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding
pending at that time of publication, if at that time he had no reasonable grounds for believing that the
proceeding was pending.
(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being
in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil
or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute
contempt of court.
(3) A person shall not be guilty of contempt of court on the ground that he has distributed a
publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he
had no reasonable grounds for believing that it contained or was likely to contain any such matter as
aforesaid:
Provided that this sub-section shall not apply in respect of the distribution of—
(i) any publication which is a book or paper printed or published otherwise than in conformity
with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867);
(ii) any publication which is a newspaper published otherwise than in conformity with the rules
contained in section 5 of the said Act.
1
 Explanation.—For the purposes of this section, a judicial proceeding—
(a) is said to be pending—
(A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise,
(B) in the case of a criminal proceeding under the Code of Criminal
Procedure, 1898 (5 of 1898), or any other law—
(i) where it relates to the commission of an offence, when the charge-sheet or challan is
filed, or when the court issues summons or warrant, as the case may be, against the accused,
and
(ii) in any other case, when the court takes cognizance of the matter to which the
proceeding relates, and
in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is
heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the
appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the
period of limitation prescribed for such appeal or revision has expired;
(b) which has been heard and finally decided shall not be deemed to be pending merely by reason
of the fact that proceedings for the execution of the decree, order or sentence passed therein are
pending.
4. Fair and accurate report of judicial proceeding not contempt.—Subject to the provisions
contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate
report of a judicial proceeding or any stage thereof.
5. Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court
for publishing any fair comment on the merits of any case which has been heard and finally decided.
6. Complaint against presiding officers of subordinate courts when not contempt.—A person
shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning
the presiding officer of any subordinate court to—
(a) any other subordinate court, or
(b) the High Court,
to which it is subordinate.
Explanation.—In this section, “subordinate court” means any court subordinate to a High Court.
7. Publication of information relating to proceedings in chambers or in camera not contempt
except in certain cases.—(1) Notwithstanding anything contained in this Act, a person shall not be guilty
of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court
sitting in chambers or in camera except in the following cases, that is to say,—
(a) where the publication is contrary to the provisions of any enactment for the time being in
force;
(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly
prohibits the publication of all information relating to the proceeding or of information of the
description which is published;
(c) where the court sits in chambers or in camera for reasons connected with public order or the
security of the State, the publication of information relating to those proceedings;
(d) where the information relates to a secret process, discovery or invention which is an issue in
proceedings.
(2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of
contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an
order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the
2 3
publication thereof on grounds of public policy, or for reasons connected with public order or the security
of the State, or on the ground that it contains information relating to a secret process, discovery or
invention, or in exercise of any power vested in it.
8. Other defences not affected.—Nothing contained in this Act shall be construed as implying that
any other defence which would have been a valid defence in any proceedings for contempt of court has
ceased to be available merely by reason of the provisions of this Act.
9. Act not to imply enlargement of scope of contempt.—Nothing contained in this Act shall be
construed as implying that any disobedience, breach, publication or other act is punishable as contempt of
court which would not be so punishable apart from this Act.
10. Power of High Court to punish contempts of subordinate courts.—Every High Court shall
have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and
practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts
of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in
respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal
Code (45 of 1860).
11. Power of High Court to try offences committed or offenders found outside jurisdiction.—A
High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to
it, whether the contempt is alleged to have been committed within or outside the local limits of its
jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in
any other law, a contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the Court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a
sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a
court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil
contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of
imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be
detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court
is a company, every person who, at the time the contempt was committed, was in charge of, and was
responsible to, the company for the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by
the detention in civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such
punishment if he proves that the contempt was committed without his knowledge or that he exercised all
due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to
therein has been committed by a company and it is proved that the contempt has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to
be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the
detention in civil prison of such director, manager, secretary or other officer.
 Explanation.—For the purpose of sub-sections (4) and (5),—
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
1 (b) any other person, with the consent in writing of the Advocate-General, 1[or]
[13. Contempts not punishable in certain cases.—Notwithstanding anything contained in any law
for the time being in force,—
(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied
that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere
with the due course of justice;
(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid
defence if it is satisfied that it is in public interest and the request for invoking the said defence is
bona fide.]
14. Procedure where contempt is in the face of the Supreme Court or a High Court.—(1) When
it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been
guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained
in custody, and, at any time before the rising of the Court, on the same day, or as early as possible
thereafter, shall—
(a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after
hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge;
and
(d) make such order for the punishment or discharge of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt
under that sub-section applies, whether orally or in writing, to have the charge against him tried by some
judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been
committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper
administration of justice the application should be allowed, it shall cause the matter to be placed,
together with a statement of the facts of the case, before the Chief Justice for such directions as he may
think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with
contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by
a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been
committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is
alleged to have been committed to appear as a witness and the statement placed before the Chief Justice
under sub-section (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the Court may direct that a person charged with
contempt under this section shall be detained in such custody as it may specify:
Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks
sufficient is executed with or without sureties conditioned that the person charged shall attend at the time
and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:
Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge
him on his executing a bond without sureties for his attendance as aforesaid.
1. Subs. by Act 6 of 2006, s. 2, for section 13 (w.e.f. 17-3-2006).
4 5
15. Cognizance of criminal contempt in other cases.—(1) In the case of a criminal contempt, other
than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its
own motion or on a motion made by—
(a) the Advocate-General, or
1
[(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the
Central Government may, by notification in the Official Gazette, specify in this behalf, or any other
person, with the consent in writing of such Law Officer.]
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a
reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation
to a Union territory, by such Law Officer as the Central Government may, by notification in the Official
Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall specify the contempt of which the person
charged is alleged to be guilty.
Explanation.—In this section, the expression “Advocate-General” means,—
(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the State or any of the States for which
the High Court has been established;
(c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central
Government may, by notification in the Official Gazette, specify in this behalf.
16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the
provisions of any law for the time being in force, a judge, magistrate or other person acting judicially
shall also be liable for contempt of his own court or of any other court in the same manner as any other
individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or
other person acting judicially, regarding a subordinate court in an appeal or revision pending before such
judge, magistrate or other person against the order or judgment of the subordinate court.
17. Procedure after cognizance.—(1) Notice of every proceeding under section l5 shall be served
personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied,—
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of
the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the
reference.
(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep
out of the way to avoid service of the notice, order the attachment of his property of such value or amount
as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of
Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of
money, and if, after such attachment, the person charged appears and shows to the satisfaction of the
Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order
the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.
1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30-3-1976).
 (5) Any person charged with contempt under section 15 may file an affidavit in support of his
defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking
THE LEGAL SERVICES AUTHORITIES ACT, 1987
such further evidence as may be necessary, and pass such order as the justice of the case requires. ________
18. Hearing of cases of criminal contempt to be by Benches.—(1) Every case of criminal contempt ARRANGEMENT OF SECTIONS
under section 15 shall be heard and determined by a Bench of not less than two judges. ________
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner. CHAPTER I
19. Appeals.—(1) An appeal shall lie as of right from any order or decision of the High Court in the PRELIMINARY
exercise of its jurisdiction to punish for contempt—
SECTIONS
(a) where the order or decision is that of a single judge, to a Bench of not less than two judges of
the Court; 1. Short title, extent and commencement.
2. Definitions.
(b) where the order or decision is that of a Bench, to the Supreme Court:
Provided that where the order or decision is that of the Court of the Judicial Commissioner in any
Union territory, such appeal shall lie to the Supreme Court. CHAPTER II
(2) Pending any appeal, the appellate Court may order that— THE NATIONAL LEGAL SERVICES AUTHORITY
(a) the execution of the punishment or order appealed against be suspended; 3. Constitution of the National Legal Services Authority.
(b) if the appellant is in confinement, he be released on bail; and 3A. Supreme Court Legal Services Committee.
(c) the appeal be heard notwithstanding that the appellant has not purged his contempt. 4. Functions of the Central Authority.
5. Central Authority to work in coordination with other agencies.
(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High
Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers
conferred by sub-section (2).
CHAPTER III
(4) An appeal under sub-section (1) shall be filed—
STATE LEGAL SERVICES AUTHORITY
(a) in the case of an appeal to a Bench of the High Court, within thirty days;
6. Constitution of State Legal Services Authority.
(b) in the case of an appeal to the Supreme Court, within sixty days,
7. Functions of the State Authority.
from the date of the order appealed against. 8. State Authority to act in coordination with other agencies, etc., and be subject to directions given
20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt, by the Central Authority.
either on its own motion or otherwise, after the expiry of a period of one year from the date on which the 8A. High Court Legal Services Committee.
contempt is alleged to have been committed. 9. District Legal Services Authority.
21. Act not to apply to Nyaya Panchayats or other village courts.—Nothing contained in this Act 10. Functions of the District Authority
shall apply in relation to contempt of Nyaya Panchayats or other village courts, by whatever name 11. District Authority to act in coordination with other agencies and be subject to directions given by
known, for the administration of justice, established under any law. the Central Authority, etc.
22. Act to be in addition to, and not in derogation of, other laws relating to contempt.—The 11A. Taluk Legal Services Committee.
provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law 11B. Functions of Taluk Legal Services Committee.
relating to contempt of courts.
23. Power of Supreme Court and High Courts to make rules.—The Supreme Court or, as the case
may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for CHAPTER IV
any matter relating to its procedure. ENTITLEMENT TO LEGAL SERVICES
24. Repeal.—The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed. 12. Criteria for giving legal services.
13. Entitlement of legal services.

CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
14. Grants by the Central Government.

6 1
SECTIONS THE LEGAL SERVICES AUTHORITIES ACT, 1987
15. National Legal Aid Fund. ACT NO. 39 OF 1987
16. State Legal Aid Fund.
[11th October, 1987.]
17. District Legal Aid Fund.
18. Accounts and audit. An Act to constitute legal services authorities to provide free and competent legal services to the
weaker sections of the society to ensure that opportunities for securing justice are not denied
CHAPTER VI to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to
LOKADALATS
secure that the operation of the legal system promotes justice on a basis of equal opportunity.
19. Organisation of Lok Adalats. BE it enacted by the Parliament in the Thirty-eighth Year of the Republic of India as follows:—
20. Cognizance of cases by Lok Adalats. CHAPTER I
21. Award of Lok Adalat. PRELIMINARY
22. Powers of Lok Adalat or Permanent Lok Adalat.
1. Short title, extent and commencement.—This Act may be called the Legal Services Authorities
Act, 1987.
CHAPTER VIA (2) It extends to the whole of India, 1***.
(3) It shall come into force on such date2 as the Central Government may, by notification, appoint;
PRE-LITIGATION CONCILIATION AND SETTLEMENT
and different dates may be appointed for different provisions of this Act and for different States, and any
22A. Definitions. reference to commencement in any provision of this Act in relation to any State shall be construed as a
22B. Establishment of Permanent Lok Adalats. reference to the commencement of that provision in that State.
22C. Cognizance of cases by Permanent Lok Adalat. 2. Definitions.—In this Act, unless the context otherwise requires,—
22D. Procedure of Permanent Lok Adalat. 3
[(a) “case” includes a suit or any proceeding before a court;
22E.Award of Permanent Lok Adalat to be final.
(aa) “Central Authority” means the National Legal Services Authority constituted under section3;
(aaa) “court” means a civil, criminal or revenue court and includes any tribunal or any other
CHAPTER VII authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial
functions;]
MISCELLANEIOUS
23. Members and staff of Authorities, Committees and Lok Adalats to be public servants. (b) “District Authority” means a District Legal Services Authorityconstituted under section9;
4
24. Protection of action taken in good faith. [(bb) “High Court Legal Services Committee” means a High Court Legal Services Committee
25. Act to have overriding effect. constituted under section8A;]
26. Power to remove difficulties. (c) “legal service” includes the rendering of any service in the conduct of any case or other legal
27. Power of Central Government to make rules. proceeding before any court or other authority or tribunal and the giving of advice on any legal
28. Power of State Government to make rules. matter;
29.Power of Central Authority to make regulations. (d)“Lok Adalat” means a Lok Adalat organised under Chapter VI;
29A. Power of State Authority to make regulations. (e) “notification” means a notification published in the Official Gazette;
30. Laying of rules and regulations
(f) “prescribed” means prescribed by rules made under this Act;
3
[(ff) “regulations” means regulations made under this Act;]
(g) “scheme” means any scheme framed by the Central Authority, a State Authority or a District
Authority for the purpose of giving effect to any of the provisions of this Act;
(h) “State Authority” means a State Legal Services Authority constituted under section6;
(i) “State Government” includes the administrator of a Union territory appointed by the President
under article 239 of the Constitution;

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India, Extraordinary, Part
II, sec. 3(ii).
3. Subs. by Act 59 of 1994, s. 2, for clause (a) (w.e.f. 29-10-1994).
4. Ins. by s. 2, ibid. (w.e.f. 29-10-1994).

2 3
 1 powers and performing such functions as may be determined by regulations made by the Central
[(j) “Supreme Court Legal Services Committee” means the Supreme Court Legal Services
Authority.
Committee constituted under section3A;
(2) The Committee shall consist of—
(k) “Taluk Legal Services Committee” means a Taluk Legal Services Committee constituted
under section11A.] (a) a sitting Judge of the Supreme Court who shall be the Chairman; and
(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an (b) such number of other members possessing such experience and qualifications as may be
area in which such enactment or provision is not in force, be construed as a reference to the corresponding prescribed by the Central Government,
law or the relevant provision of the corresponding law, if any, in force in that area.
to be nominated by the Chief Justice of India.
CHAPTER II
(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing
THE NATIONAL LEGAL SERVICES AUTHORITY such experience and qualifications as may be prescribed by the Central Government.
2
[3. Constitution of the National Legal Services Authority.—(1) The Central Government shall (4) The terms of office and other conditions relating thereto, of the members and Secretary of the
constitute a body to be called the National Legal Services Authority to exercise the powers and perform Committee shall be such as may be determined by regulations made by the Central Authority.
the functions conferred on, or assigned to, the Central Authority under this Act.
(5) The Committee may appoint such number of officers and other employees as may be prescribed
(2) The Central Authority shall consist of— by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of
its functions.
(a) theChief Justice of India who shall be the Patron-in-Chief;
(6) The officers and other employees of the Committee shall be entitled to such salary and allowances
(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in
and shall be subject to such other conditions of service as may be prescribed by the Central Government
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
in consultation with the Chief Justice of India.]
(c) such number of other members, possessing such experience and qualifications, as may be
4. Functions of the Central Authority.—The Central Authority shall 1*** perform all or any of the
prescribed by the Central Government, to be nominated by that Government in consultation with the
following functions, namely:—
Chief Justice of India.
(a) lay down policies and principles for making legal services available under the provisions of
(3) The Central Government shall, in consultation with the Chief Justice of India, appoint a person to
this Act;
be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may
be prescribed by that Government, to exercise such powers and perform such duties under the Executive (b) frame the most effective and economical schemes for the purpose of making legal services
Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to available under the provisions of this Act;
him by the Executive Chairman of that Authority.
(c) utilise the funds at its disposal and make appropriate allocations of funds to the State
(4) The terms of office and other conditions relating thereto, of members and the Member-Secretary Authorities and District Authorities;
of the Central Authority shall be such as may be prescribed by the Central Government in consultation
(d) take necessary steps by way of social justice litigation with regard to consumer protection,
with the Chief Justice of India.
environmental protection or any other matter of special concern to the weaker sections of the society
(5) The Central Authority may appoint such number of officers and other employees as may be and for this purpose, give training to social workers in legal skills;
prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient
(e) organise legal aid camps, especially in rural areas, slums or labour colonies with the dual
discharge of its functions under this Act.
purpose of educating the weaker sections of the society as to their rights as well as encouraging the
(6) The officers and other employees of the Central Authority shall be entitled to such salary and settlement of disputes through LokAdalats;
allowances and shall be subject to such other conditions of service as may be prescribed by the Central
(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;
Government in consultation with the Chief Justice of India.
(g) undertake and promote research in the field of legal services with special reference to the need
(7) The administrative expenses of the Central Authority, including the salaries, allowances and
for such services among the poor;
pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall
be defrayed out of the Consolidated Fund of India. (h) to do all things necessary for the purpose of ensuring commitment to the fundamental duties
of citizens under Part IVA of the Constitution;
(8) All orders and decisions of the Central Authority shall be authenticated by the Member-Secretary
or any other officer of the Central Authority duly authorised by the Executive Chairman of that Authority. (i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and
provide for independent evaluation of programmes and schemes implemented in whole or in part by
(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the
funds provided under this Act;
existence of any vacancy in, or any defect in the constitution of, the Central Authority.
3A. Supreme Court Legal Services Committee.—(1) The Central Authority shall constitute a
committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such

1. Ins. by Act 59 of 1994, s. 2 (w.e.f. 29-10-1994). 1. The words “, subject to the general directions of the Central Government,” omitted by Act of 59 of 1994, s. 4 (w.e.f. 29-10-
2. Subs. by s. 3, ibid., for section 3 (w.e.f. 29-10-1994). 1994).

4 5
 1
[(j) provide grants-in-aid for specific schemes to various voluntary social service institutions and
the State and District Authorities, from out of the amounts placed at its disposal for the
implementation of the legal services schemes under the provisions of this Act;]
(k) develop, in consultation with the Bar Council of India, programmes for clinical legal
education and promote guidance and supervise the establishment and working of legal services clinics
in universities, law colleges and other institutions;
(l) take appropriate measures for spreading legal literacy and legal awareness amongst the people
and, in particular, to educate weaker sections of the society about the rights, benefits and
privileges guaranteed by social welfare legislations and other enactments as well as administrative
programmes and measures;
(m) make special efforts to enlist the support of voluntary social welfare institutions working at
the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and
rural and urban labour; and
(n) coordinate and monitor the functioning of 2[State Authorities, District Authorities, Supreme
Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services
Committees and voluntary social service institutions] and other legal services organisations and give
general directions for the proper implementation of the legal services programmes.
5. Central Authority to work in coordination with other agencies.—In the discharge of its
functions under this Act, the Central Authority shall, wherever appropriate, act in coordination with other
governmental and non-governmental agencies, universities and others engaged in the work of promoting
the cause of legal services to the poor.
CHAPTER III
STATE LEGAL SERVICESAUTHORITY
3
[6. Constitution of State Legal Services Authority.—(1) Every State Government shall constitute a
body to be called the Legal Services Authority for the State to exercise the powers and perform the
functions conferred on, or assigned to, a State Authority under this Act.
(2) A State Authority shall consist of—
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation
with the Chief Justice of the High Court, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications as may be
prescribed by the State Government, to be nominated by that Government in consultation with the
Chief Justice of the High Court.
(3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a
person belonging to the State Higher Judicial Service, not lower in rank than that of a District Judge, as
the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the
Executive Chairman of the State Authority as may be prescribed by that Government or as may be
assigned to him by the Executive Chairman of that Authority.
Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately
before the date of constitution of the State Authority may be appointed as Member-Secretary of that
Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not
exceeding five years.
1. Subs. by Act 59 of 1994, s. 4, for clause (j) (w.e.f. 29-10-1994).
2. Subs. by s. 4, ibid., for “State and District Authorities and other voluntary social welfare institutions” (w.e.f. 29-10-1994).
3. Subs. by s. 5,ibid., for section 6 (w.e.f. 29-10-1994).
6 7
(4) The terms of office and other conditions relating thereto, of members and the Member-Secretary
of the State Authority shall be such as may be prescribed by the State Government in consultation with
the Chief Justice of the High Court.
(5) The State Authority may appoint such number of officers and other employees as may be
prescribed by the State Government, in consultation with the Chief Justice of the High Court, for the
efficient discharge of its functions under thisAct.
(6) The officers and other employees of the State Authority shall be entitled to such salary and
allowances and shall be subject to such other conditions of service as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.
(7) The administrative expenses of the State Authority, including the salaries, allowances and
pensions payable to the Member-Secretary, officers and other employees of the State Authorityshall be
defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the State Authority shall be authenticated by the Member-Secretary or
any other officer of the State Authority duly authorised by the Executive Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of
any vacancy in, or any defect in the constitution of, the State Authority.]
7. Functions of the State Authority.—(1) It shall be the duty of the State Authority to give to effect
to the policy and directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section(1), the State
Authority shall perform all or any of the following functions, namely:—
(a) give legal service to persons who satisfy the criteria laid down under this Act;
(b) conduct1[LokAdalats, including LokAdalats for High Court cases];
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the 2[Central
Authority], fix by regulations.
3
[8. State Authority to act in coordination with other agencies., etc., and be subject to directions
given by the Central Authority.—In the discharge of its functions the State Authority shall
appropriately act in coordination with other governmentalagencies, non-governmental voluntary social
service institutions, universities and other bodies engaged in the work of promoting the cause of legal
services to the poor and shall also be guided by such directions as the Central Authority may give to it in
writing.
8A. High Court Legal Services Committee.—(1) The State Authority shall constitute a Committee
to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising
such powers and performing such functions as may be determined by regulations made by the State
Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be
determined by regulations made by the State Authority,
to be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such
experience and qualifications as may be prescribed by the State Government.
1. Subs. by Act 59 of 1994, s. 6, for “LokAdalats” (w.e.f. 29-10-1994).
2. Subs. by s. 6, ibid., for “Central Government” (w.e.f. 29-10-1994).
3. Subs. by s. 7, ibid., for sections 8 and 9 (w.e.f. 29-10-1994).
 (4) The terms of office and other conditions relating thereto, of the members and Secretary of the
Committee shall be such as may be determined by regulations made by the State Authority.
(5) The Committee may appoint such number of officers and other employees as may be prescribed
by the State Governmentin consultation with the Chief Justice of the High Court for the efficient
discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled to such salary and allowances
and shall be subject to such other conditions of Service as may be prescribed by the State Government in
consultation with the Chief Justice of the High Court.
9. District Legal Services Authority.—(1) The State Government shall, in consultation with the
Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for
every District in the State to exercise the powers and perform the functions conferred on, or assigned to,
the District Authority under this Act.
(2) A District Authority shall consist of—
(a) the District Judge who shall be its Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation with the
Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a
person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil
Judge posted at the seat of the DistrictJudiciary as Secretary of the District Authority to exercise such
powers and perform such duties under the Chairman of that Committee as may be assigned to him by
such Chairman.
(4) The terms of office and other conditions relating thereto, of members and Secretary of the District
Authority shall be such as may be determined by regulations made by the State Authority in consultation
with the Chief Justice of the High Court.
(5) The District Authority may appoint such number of officers and other employees as may be
prescribed by the State Government in consultation with the Chief Justice of the High Court for the
efficient discharge of its functions.
(6) The officers and other employees of the District Authority shall be entitled to such salary and
allowances and shall be subject to such other conditions of service as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.
(7) The administrative expenses of every District Authority, including the salaries, allowances and
pensions payable to the Secretary, officers and other employees of the District Authority, shall be
defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any
other officer of the District Authority duly authorised by the Chairman of that Authority.
(9) No act or proceeding of the District Authority shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of, the District Authority.]
10. Functions of the District Authority.—(1) It shall be the duty of every District Authority to
perform such of the functions of the State Authority in the District as may be delegated to it from time to
time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District
Authority may perform all or any of the following functions, namely:—
1
[(a) coordinate the activities of the Taluk Legal Services Committee and other legal services in
the District;]
1. Subs. by Act 59 of 1994, s. 8, for clause (a) (w.e.f. 29-10-1994).
8 9
(b) organize Lok Adalats within the District; and
(c) perform such other functions as the State Authority may 1*** fix by regulations.
11. District Authority to act in coordination with other agencies and be subject to directions
given by the Central Authority, etc.—In the discharge of its functions under this Act, the District
Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental
institutions, universities and others engaged in the work of promoting the cause of legal services to the
poor and shall also be guided by such directions as the Central Authority or the State Authority may give
to it in writing.
2
[11A. Taluk Legal Services Committee.—(1) The State Authority may constitute a Committee, to
be called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals.
(2) The Committee shall consist of—
(a) The 3[senior-most Judicial Officer] operating within the jurisdiction of the Committee who
shall be the ex officio Chairman; and
(b) such number of other members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation with the
Chief Justice of the High Court.
(3) The Committee may appoint such number of officers and other employees as may be prescribed
by the State Government in consultation with the Chief Justice of the High Court for the efficient
discharge of its functions.
(4) The officers and other employees of the Committee shall be entitled to such salary and allowances
and shall be subject to such other conditions of service as may be prescribed by the State Government in
consultation with the Chief Justice of the High Court.
(5) The administrative expenses of the Committee shall be defrayed out of the District Legal Aid
Fund by the District Authority.
11B. Functions of Taluk Legal Services Committee.—The Taluk Legal Services Committee may
perform all or any of the following functions, namely:—
(a) co-ordinate the activities of legal services in the taluk;
(b) organize Lok Adalats within the taluk; and
(c) perform such other functions as the District Authority may assign to it.]
CHAPTER IV
ENTITLEMENT TO LEGAL SERVICES
12. Criteria for giving legal services.—Every person who has to file or defend a case shall be
entitled to legal services under this Act if that person is—
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in article 23 of the
Constitution;
(c) a woman or a child;
4
[(d) a person with disability as defined in clause (i) of section2 of the Persons With Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]
1. The words “, in consultation with the State Government,” omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-1994).
2. Ins. by s. 9, ibid. (w.e.f. 29-10-1994).
3. Subs. by Act 37 of 2002, s. 2, for “senior Civil Judge” (w.e.f. 11-6-2002).
4. Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996).
 (e) a person under circumstances of underserved want such as being a victim of a mass disaster,
ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of clause (g) of
section2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within
the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a
psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section2 of the
Mental Health Act, 1987 (14 of 1987); or
1
[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as
may be prescribed by the State Government, if the case is before a court other than the Supreme
Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the
Central Government, if the case is before the Supreme Court.]
13. Entitlement of legal services.—(1) Persons who satisfy all or any of the criteria specified in
section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that
such person has aprima facie case to prosecute or to defend.
(2) An affidavit made by a person as to his income may be regarded as sufficient for making him
eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to
disbelieve such affidavit.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
14. Grants by the Central Government.—The Central Government shall, after due appropriation
made by Parliament by law in this behalf, pay to the Central Authority, by way of grants, such sums of
money as the Central Government may think fit for being utilised for the purposes of this Act.
15. National Legal Aid Fund.—(1) The Central Authority shall establish a fund to be called the
National Legal Aid Fund and there shall be credited thereto—
(a) all sums of money given as grants by the Central Government under section 14;
(b) any grants or donations that may be made to the Central Authority by any other person for the
purposes of this Act;
(c) any amount received by the Central Authority under the orders of any court or from any other
source.
(2) The National Legal Aid Fund shall be applied for meeting—
(a) the cost of legal services provided under this Act including grants made to State Authorities;
2 4
[(b) the cost of legal services provided by the Supreme Court Legal Services Committee;
(c) any other expenses which are required to be met by the Central Authority.]
16. State Legal Aid Fund.—(1) A State Authority shall establish a fund to be called the State Legal
Aid Fund and there shall be credited thereto—
(a) all sums of money paid to it or any grants by the Central Authority for the purposes of this
Act;
(b) any grants or donations that may be made to the State Authority by the State Government or
by any person for the purposes of this Act;
(c) any other amount received by the State Authority under the orders of any court or from any
other source.
1. Subs. by Act 59 of 1994, s. 10, for clause (h) (w.e.f. 29-10-1994).
2. Subs. by s. 11, ibid., for clause (b) (w.e.f. 29-10-1994).
10
(2) A State Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 7;
1
[(b) the cost of legal services provided by the High Court Legal Services Committee;
(c) any other expenses which are required to be met by the State Authority.]
17. District Legal Aid Fund.—(1) Every District Authority shall establish a fund to be called the
District Legal Aid Fund and there shall be credited thereto—
(a) all sums of money paid or any grants made by the State Authority to the District Authority for
the purposes of this Act;
2
[(b) any grants or donations that may be made to the District Authority by any person, with the
prior approval of the State Authority, for the purposes of this Act;]
(c) anyother amount received by the District Authority under the orders of any court or from any
other source.
(2) A District Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 10 3[and 11B];
(b) any other expenses which are required to be met by the District Authority.
18. Accounts and audit.—(1) The Central Authority, State Authority, or the District Authority
(hereinafter referred to in this section as ‘the authority’), as the case may be, shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts including the income and
expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India
at such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority concerned to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in
connection with the auditing of the accounts of an Authority under this Act shall have the same rights and
privileges and authority in connection with such audit as the Comptroller and Auditor-General of India
has in connection with the auditing of the Government accounts and, in particular, shall have the right to
demand the production of books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Authorities under this Act.
(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or
any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded
annually by the Authorities to the Central Government or the State Governments, as the case may be.
[(5) The Central Government shall cause the accounts and the audit report received by it under sub-
section (4) to be laid, as soon as may be after they are received, before each House of Parliament.
(6) The State Government shall cause the accounts and the audit report received by it under sub-
section (4) to be laid, as soon as may be after they are received, before the State Legislature.]
CHAPTER VI
LOK ADALATS
5
[19. Organisation of Lok Adalats.—(1) Every State Authority or District Authority or the Supreme
Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be,
1. Subs. by Act 59 of 1994, s. 12, for clause (b) (w.e.f. 29-10-1994).
2. Subs. by s. 13, ibid., for clause (b) (w.e.f. 29-10-1994).
3. Ins. by s. 13, ibid. (w.e.f. 29-10-1994).
4. Ins. by s. 14, ibid. (w.e.f. 29-10-1994).
5. Subs. by s. 15, ibid., for sections 19 and 20 (w.e.f. 29-10-1994).
11
Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for
exercising such jurisdiction and for such areas as it thinks fit.
(2) Every Lok Adalat organised for an area shall consist of such number of—
(a) serving or retired judicial officers; and
(b) other persons,
of the area as may be specified by the State Authority or the District Authority or the Supreme Court
Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk
Legal Services Committee, organising such Lok Adalat.
(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for
Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be
prescribed by the Central Government in consultation with the Chief Justice of India.
(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for
Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.
(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of—
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any Court for which the Lok Adalat is organised:
Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an
offence not compoundable under any law.
20. Cognizance of cases by Lok Adalats.—(1) Where in any case referred to in clause (i) of
sub-section (5) of section 19,—
(i)(a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the Court,
for referring the case to the Lok Adalat for settlement and if such court isprima facie satisfied that there
are chances of such settlement; or
(ii) thecourt is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok
Adalat,
the Court shall refer the case to the Lok Adalat:
Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause
(ii) by such court except after giving a reasonable opportunity of being heard to the parties.
(2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or
Committee organising the Lok Adalat under sub-section (1) of section19 may, on receipt of an application
from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that
such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for
determination:
Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable
opportunity of being heard to the other party.
(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been
made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive
at a compromise or settlement between the parties.
12
(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost
expedition to arrive at a compromise or settlement between the parties and shall be guided by the
principles of justice, equity, fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlementcould
be arrived at between the parties, the record of the case shall be returned by it to the court, from which the
reference has been received under sub-section (1) for disposal in accordance with law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could
be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice
the parties to seek remedy in a court.
(7) Where the record of the case if returned under sub-section (5) to the court, such court shall
proceed to deal with such case from the stage which was reached before such reference under sub-section
(1).]
21. Award of Lok Adalat.—1[(1) Every award of the Lok Adalat shall be deemed to be a decree of a
civil court or, as the case may be, an order of any other court and where a compromise or settlement has
been arrived at, by a Lok Adalat in a case referred to it under sub-section(1) of section 20, the court-fee
paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).]
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and
no appeal shall lie to any court against the award.
22. Powers of 2[Lok Adalat or Permanent Lok Adalat.]—(1) The 2[Lok Adalat or Permanent Lok
Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are
vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect
of the following matters, namely:—
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the requisitioning of any public record or document or copy of such record or document from
any court or office; and
(e) such other matters as may be prescribed.
(2) Without prejudice to the generality of the powers contained in sub-section (1), every 2[Lok Adalat
or Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the
determination of any dispute coming before it.
(3) All proceedings before a 2[Lok Adalat or Permanent Lok Adalat] shall be deemed to be judicial
proceedings within the meaning of sections 193,219 and 228 of the Indian Penal Code (45 of 1860) and
every 2[Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the purpose of
section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
3
[CHAPTER VIA
PRE-LITIGATION CONCILIATION AND SETTLEMENT
22A. Definitions.—In this Chapter and for the purposes of sections 22 and 23, unless the context
otherwise requires,—
(a) “Permanent Lok Adalat” means a Permanent Lok Adalat established under sub-section (1) of
section22B;
1. Subs. by Act 59 of 1994, s. 16, for sub-section (1) (w.e.f. 29-10-1994),
2. Subs. by Act 37 of 2002, s. 3, for “Lok Adalat” (w.e.f. 11-6-2002).
3. Ins. by s. 4, ibid. (w.e.f. 11-6-2002).
13
 (b) “public utility service” means any—
(i) transport service for the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or
(iii) supply of power, light or water to the public by any establishment; or
(iv) system of public conservancy or sanitation; or
(v) service in hospital or dispensary; or
(vi)insurance service,
and includes any service which the Central Government or the State Government, as the case may be,
in the public interest, by notification, declare to be a public utility service for the purposes of this
Chapter.
22B. Establishment of Permanent Lok Adalats.—(1) Notwithstanding anything contained in
section19, the Central Authority or, as the case may be, every State Authority shall, by notification,
establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or
more public utility services and for such areas as may be specified in the notification.
(2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall consist
of—
(a) a person who is, or has been, a district judge or additional district judge or has held judicial
office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat;
and
(b) two other persons having adequate experience in public utility service to be nominated by the
Central Government or, as the case may be, the State Government on the recommendation of the
Central Authority or, as the case may be, the State Authority,
appointed by the Central Authority or, as the case may be, the State Authority, establishing such
Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other
persons referred to in clause (b) shall be such as may be prescribed by the Central Government.
22C. Cognizance of cases by Permanent Lok Adalat.—(1) Any party to a dispute may, before the
dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement
of dispute:
Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to
an offence not compoundable under any law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where
the value of the property in dispute exceeds ten lakh rupees:
Provided also that the Central Government, may by notification, increase the limit often lakh rupees
specified in the second proviso in consultation with the Central Authority.
(2) After an application is made under sub-section(1) to the Permanent Lok Adalat, no party to that
application shall invoke jurisdiction of any court in the same dispute.
(3) Where an application is made to a Permanent Lok Adalat under sub-section(1), it—
(a) shall direct each party to the application to file before it a written statement, stating therein
the facts and nature of dispute under the application, points or issues in such dispute and grounds
relied in support of, or in opposition to, such points or issues, as the case may be, and such party
may supplement such statement with any document and other evidence which such party deems
appropriate in proof of such facts and grounds and shall send a copy of such statement together with
a copy of such document and other evidence, if any, to each of the parties to the application;
(b) may require any party to the application to file additional statement before it at any stage of
the conciliation proceedings;
14
(c) shall communicate any document or statement received by it from any party to the
application to the other party, to enable such other party to present reply thereto.
(4) When statement, additional statement and reply, if any, have been filed under sub-section(3), to
the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings between the parties
to the application in such manner as it thinks appropriate taking into account the circumstances of the
dispute.
(5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under
sub-section(4), assist the parties in their attempt to reach an amicable settlement of the dispute in an
independent and impartial manner.
(6) It shall be the duty of the every party to the application to cooperate in good faith with the
Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the
direction of the Permanent Lok Adalat to produce evidence and other related documents before it.
(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion that there
exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate
the terms of a possible settlement of the dispute and give to the parties concerned for their observations
and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the
settlement agreement and the Permanent Lok Adalat shall pass an award in terms thereof and furnish a
copy of the same to each of the parties concerned.
(8) Where the parties fail to reach at an agreement under sub-section (7), the Permanent Lok Adalat
shall, if the dispute does not relate to any offence, decide the dispute.
22D. Procedure of Permanent Lok Adalat.—The Permanent Lok Adalat shall, while conducting
conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of
natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the
Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872).
22E. Award of Permanent Lok Adalat to be final.—(1) Every award of the Permanent Lok Adalat
under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all
the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil
court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons
constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be
called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local
jurisdiction and such civil court shall execute the order as if it were a decree made by that court.]
CHAPTER VII
MISCELLANEOUS
1
[23. Members and staff of Authorities, Committees and Lok Adalats to be public servants.—
The members including Member-Secretary or, as the case may be, Secretary of the Central Authority, the
State Authority, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal
Services Committees, Taluk Legal Services Committees and officers and other employees of such
Authorities, Committees and the 2[members of the Lok Adalats or the persons constituting Permanent Lok
Adalats] shall be deemed to be public servants within the meaning of section21 of the Indian Penal Code
(45 of 1860).
1. Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994),
2. Subs. by Act 37 of 2002, s. 5, for “members of the LokAdalats” (w.e.f. 11-6-2002).
15
 24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall (h) the number of officers and other employees of the Supreme Court Legal Services Committee
lie against— under sub-section(5) of section 3A and the conditions of service and the salary and allowances
payable to them under sub-section(6) of that section;
(a) the Central Government or State Government;
(i) the upper limit of annual income of a person entitling him to legal services under clause (h) of
(b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other
section12, if the case is before the Supreme Court;
employees of the Central Authority;
(j) the manner in which the accounts of the Central Authority, the State Authority or the District
(c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other
Authority shall be maintained under section18;
employees of the State Authority;
(k) the experience and qualifications of other persons of the LokAdalatsorganised by the Supreme
(d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal
Court Legal Services Committee specified in sub-section(3) of section19;
Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or
the District Authority; or (l) other matters under clause (e) of sub-section(1) of section22;
1
(e) any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, [(la) the other terms and conditions of appointment of the Chairman and other persons under
Member, Member-Secretary referred to in sub-clauses (b) to (d), sub-section (2) of section 22B;]
for anything which is in good faith done or intended to be done under the provisions of this Act or any (m) any other matter which is to be, or may be, prescribed.
rule or regulation made thereunder.]
28. Power of State Government to make rules.—(1)The State Government in consultation with the
25. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
having effect by virtue of law other than this Act.
provide for all or any of the following matters, namely:—
26. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
(a) the number, experience and qualifications of other members of the State Authority under
this Act, the Central Government may, by order published in the Official Gazette, make such provisions
clause (c) of sub-section(2) of section6;
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing
the difficulty: (b) the powers and functions of the Member-Secretary of the State Authority under sub-section(3)
of section6;
Provided that no such order shall be made after the expiry of a period of two years from the date on
which this Act receives the assent of the President. (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of
the State Authority under sub-section(4) of section6;
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament. (d) the number of officers and other employees of the State Authority under sub-section(5) of
1 section6;
[27. Power of Central Government to make rules.—(1) The Central Government in consultation
with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act. (e) the conditions of service and the salary and allowances of officers and other employees of the
State Authority under sub-section(6) of section6;
(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:— (f) the experience and qualifications of Secretary of the High Court Legal Services Committee
under sub-section(3) of section 8A;
(a) the number, experience and qualifications of other members of the Central Authority under
clause (c) of sub-section(2) of section3; (g) the number of officers and other employees of the High Court Legal Services Committee
under sub-section(5) of section 8A and the conditions of service and the salary and allowances
(b) the experience and qualifications of the Member-Secretary of the Central Authority and his
payable to them under sub-section(6) of that section;
powers and functions under sub-section(3) of section3;
(h) the number, experience and qualifications of members of the District Authority under clause
(c) the terms of office and other conditions relating thereto, of members and Member-Secretary of
(b) of sub-section(2) of section9;
the Central Authority under sub-section(4) of section 3;
(i) the number of officers and other employees of the District Authority under sub-section(5) of
(d) the number of officers and other employees of the Central Authority under sub-section(5) of
section9;
section3;
(j) the conditions of service and the salary and allowances of the officers and other employees of
(e) the conditions of service and the salary and allowances of officers and other employees of the
the District Authority under sub-section(6) of section9;
Central Authority under sub-section(6) of section3;
(k) the number, experience and qualifications of members of the Taluk Legal Services Committee
(f) the number, experience and qualifications of members of the Supreme Court Legal Services
under clause (b) of sub-section(2) of section 11A;
Committee under clause (b) of sub-section(2) of section 3A;
(l) the number of officers and other employees of the Taluk Legal Services Committee under sub-
(g) the experience and qualifications of Secretary of the Supreme Court Legal Services
section(3) of section 11A;
Committee under sub-section(3) of section3A;

1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994). 1. Ins. by Act 37 of 2002, s. 6 (w.e.f. 11-6-2002).

16 17
 (m) the conditions of service and the salary and allowances of officers and other employees of the no effect, as the case may be; so, however, that any such modification or annulment shall be without
Taluk Legal Services Committee under sub-section(4) of section 11A; prejudice to the validity of anything previously done under that rule or regulation.
(n) the upper limit of annual income of a person entitling him to legal services under clause (h) (2) Every rule made under this Act by a State Government and every regulation made by a State
of section12, if the case is before a court, other than the Supreme Court; Authority thereunder shall be laid, as soon as may be after it is made, before the State Legislature.
(o) the experience and qualifications of other persons of the LokAdalats other than referred to in
sub-section(4) of section19;
(p) any other matter which is to be, or may be, prescribed.
29. Power of Central Authority to make regulations.—(1) The Central Authority may, by
notification, make regulations not inconsistent with the provisions of this Act and the rules made
thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of
giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the powers and functions of the Supreme Court Legal Services Committee under sub-
section(1) of section3A;
(b) the terms of office and other conditions relating thereto, of the members and Secretary of the
Supreme Court Legal Services Committee under sub-section(4) of section3A.
29A. Power of State Authority to make regulations.—(1) The State Authority may, by
notification, make regulations not inconsistent with the provisions of this Act and the rules made
thereunder, to provide for all matters for which provision in necessary or expedient for the purposes of
giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the other functions to be performed by the State Authority under clause (d) of sub-section(2)
of section7;
(b) the powers and functions of the High Court Legal Services Committee under sub-section(1) of
section8A;
(c) the number, experience and qualifications of members of the High Court Legal Services
Committee under clause (b) of sub-section(2) of section8A;
(d) the terms of office and other conditions relating thereto, of the members and Secretary of the
High Court Legal Services Committee under sub-section(4) of section8A;
(e) the term of office and other conditions relating thereto, of the members and Secretary of the
District Authority under sub-section(4) of section9;
(f) the number, experience and qualifications of members of the High Court Legal Services
Committee under clause (b) of sub-section(2) of section 8A;
(g) other functions to be performed by the District Authority under clause (c) of sub-section(2) of
section10;
(h) the term of office and other conditions relating thereto, of members and Secretary of the Taluk
Legal Services Committee under sub-section(3) of section 11A.]
30. Laying of rules and regulations.—(1) Every rule made under this Act by the Central
Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may
be after it is made, 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 regulation, or both Houses agree that the rule or regulation
should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of

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(f) A Senior Advocate may in recognition of the services anything in relation to the court, opposing counsel or parties which
rendered by an Advocate in Part-II of the State Roll the advocates himself ought not to do. An advocate shall refuse to
appearing in any matter pay him a fee which he considers represent the client who persists in such improper conduct. He shall
reasonable. not consider himself a mere mouth-piece of the client, and shall
exercise his own judgement in the use of restrained language in
correspondence, avoiding scurrilous attacks in pleadings, and using
CHAPTER - II intemperate language during arguments in court.
Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso
thereto)
Preamble
An advocate shall, at all times, comport himself in a manner
befitting his status as an officer of the Court, a privileged member of
the community, and a gentleman, bearing in mind that what may be
lawful and moral for a person who is not a member of the Bar, or for
a member of the Bar in his non-professional capacity may still be
improper for an advocate. Without prejudice to the generality of the
foregoing obligation, an advocate shall fearlessly uphold the interests
of his client and in his conduct conform to the rules hereinafter
mentioned both in letter and in spirit. The rules hereinafter
mentioned contain canons of conduct and etiquette adopted as
general guides; yet the specific mention thereof shall not be
construed as a denial of the existence of others equally imperative
though not specifically mentioned.
Section I - Duty to the Court
1. An advocate shall, during the presentation of his case and while
otherwise acting before a court, conduct himself with dignity and
self-respect. He shall not be servile and whenever there is proper
ground for serious complaint against a judicial officer, it shall be his
right and duty to submit his grievance to proper authorities.
2. An advocate shall maintain towards the courts a respectful
attitude, bearing in mind that the dignity of the judicial office is
essential for the survival of a free community.
3. An advocate shall not influence the decision of a court by any
illegal or improper means. Private communications with a judge
relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his
client from resorting to sharp or unfair practices or from doing
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5. An advocate shall appear in court at all times only in the
prescribed dress, and his appearance shall always be presentable.
6. An advocate shall not enter appearance, act, plead or practise in
any way before a court, Tribunal or Authority mentioned in Section
30 of the Act, if the sole or any member thereof is related to the
advocate as father, grandfather, son, grand-son, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, mother-in-law, son-in-law, brother-in-law
daughter-in-law or sister-in-law.
* For the purposes of this rule, Court shall mean a Court, Bench
or Tribunal in which above mentioned relation of the Advocate is a
Judge, Member or the Presiding Officer.
7. An advocate shall not wear bands or gown in public places other
than in courts except on such ceremonial occasions and at such
places as the Bar Council of India or the court may prescribe.
8. An advocate shall not appear in or before any court or tribunal or
any other authority for or against an organisation or an institution,
society or corporation, if he is a member of the Executive Committee
of such organisation or institution or society or corporation.
“Executive
Committee ”, by whatever name it may be called, shall include any
Committee or body of persons which, for the time being, is vested
with the general management of the affairs of the organisation or
institution, society or corporation.
Provided that this rule shall not apply to such a member
appearing as “amicus curiae” or without a fee on behalf of a Bar
Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he is
himself pecuniarily interested.
Illustration :
I. He should not act in a bankruptcy petition when he himself is
also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a
Director.
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* Dt. of this Rules 16-2-91 Proviso added by resolution no 11/91
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10. An Advocate shall not stand as a surety, or certify the soundness
of a surety for his client required for the purpose of any legal
proceedings.
Section II Duty to the Client
11. An advocate is bound to accept any brief in the Courts or
Tribunals or before any other authorities in or before which he
proposes to practise at a fee consistent with his standing at the Bar
and the nature of the case. Special circumstances may justify his
refusal to accept a particular brief.
12. An advocate shall not ordinarily withdraw from engagements,
once accepted, without sufficient cause and unless reasonable and
sufficient notices is given to the client. Upon his withdrawal from a
case, he shall refund such part of the fee as has not been earned.
13. An advocate should not accept a brief or appear in a case in
which he has reason to believe that he will be a witness, and if being
engaged in a case, it becomes apparent that he is a witness on a
material question of fact, he should not continue to appear as an
Advocate if he can retire without jeopardising his client’s interests.
14. An advocate shall at the commencement of his engagement and
during the continuance thereof, make all such full and frank
disclosure to his client relating to his connection with the parties and
any interest in or about the controversy as are likely to affect his
client’s judgement in either engaging him or continuing the
engagement.
15. It shall be the duty of an advocate fearlessly to uphold the
interests of his client by all fair and honourable means without regard
to any unpleasant consequences to himself or any other. He shall
defend a person accused of a crime regardless of his personal
opinion as to the guilt of the accused, bearing in mind that his loyalty
is to the law which requires that no man should be convicted without
adequate evidence.
16. An advocate appearing for the prosecution of a criminal trial
shall so conduct the prosecution that it does not lead to conviction of
the innocent. The suppression of material capable of establishment
the innocence of the accused shall be scrupulously avoided.
17. An advocate shall not, directly or indirectly, commit a breach of
the obligations imposed by Section 126 of the Indian Evidence Act.
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18. An advocate shall not, at any time, be a party to fomenting of
litigation.
19. An advocate shall not act on the instructions of any person other
than his client or his authorised agent.
20. An advocate shall not stipulate for a fee contingent on the results
of litigation or agree to share the proceeds thereof.
21. An advocate shall not buy or traffic in or stipulate for or agree to
receive any share or interest in any actionable claim. Nothing in this
rule shall apply to stock, shares and debentures of government
securities, or to any instruments which are, for the time being, by law
or custom, negotiable or to any mercantile document of title to
goods.
22. An advocate shall not, directly or indirectly, bid for or purchase,
either in his own name or in any other name, for his own benefit or
for the benefit of any other person, any property sold in the
execution of a decree or order in any suit, appeal or other proceeding
in which he was in any way professionally engaged. This
prohibition, however, does not prevent an advocate from bidding for
or purchasing for his client any property which his client may
himself legally bid for or purchase, provided the Advocate is
expressly authorised in writing in this behalf.
22A. An advocate shall not directly or indirectly bid in court auction
or acquire by way of sale, gift, exchange or any other mode of
transfer either in his own name or in any other name for his own
benefit or for the benefit of any other person any property which is
subject matter of any suit appeal or other proceedings in which he is
in any way professionally engaged* .
23. An advocate shall not adjust fee payable to him by his client
against his own personal liability to the client, which liability does
not arise in the course of his employment as an advocate.
24. An advocate shall not do anything whereby he abuses or takes
advantage of the confidence reposed in him by his client.
25. An advocate should keep accounts of the client’s money
entrusted to him, and the accounts should show the amounts
received from the client or on his behalf, the expenses incurred for
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* Rule 22A came into force w.e.f. 24-9-1998.
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him and the debits made on account of fees with respective dates and
all other necessary particulars.
26. Where moneys are received from or on account of a client, the
entries in the accounts should contain a reference as to whether the
amounts have been received for fees or expenses and during the
course of the proceeding, no advocates shall, except with the consent
in writing of the client concerned, be at liberty to divert any portion
of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his
client, the fact of such receipt must be intimated to the client, as early
as possible.
28. After the termination of the proceeding, the advocate shall be at
liberty to appropriate towards the settled fee due to him, any sum
remaining unexpended out of the amount paid or sent to him for
expenses or any amount that has come into his hands in that
proceeding.
29. Where the fee has been left unsettled, the advocate shall be
entitled to deduct, out of any moneys of the client remaining in his
hands, at the termination of the proceeding for which he had been
engaged, the fee payable under the rules of the Court, in force for the
time being, or by then settled and the balance, if any, shall be
refunded to the client.
30. A copy of the client’s account shall be furnished to him on
demand provided the necessary copying charge is paid.
31. An advocate shall not enter into arrangements whereby funds in
his hands are converted into loans.
32. An advocate shall not lend money to his client for the purpose of
any action or legal proceedings in which he is engaged by such
client.
Explanation. An advocate shall not be held guilty for a breach of
this rule, if in the course of a pending suit or proceeding, and without
any arrangement with the client in respect of the same, the advocate
feels compelled by reason of the rule of the Court to make a payment
to the Court on account of the client for the progress of the suit or
proceeding.
33. An advocate who has, at any time, advised in connection with
the institution of a suit, appeal or other matter or has drawn
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pleadings, or acted for a party, shall not act, appear or plead for the 3 (a) Enrolment Number
opposite party. (b) Date of Enrolment
Section III - Duty to Opponent
(c) Name of State Bar Council where
34. An advocate shall not in any way communicate or negotiate originally enrolled
upon the subject matter of controversy with any party represented by (d) Name of State Bar Council on whose
an advocate except through that advocate. roll name stands currently
35. An advocate shall do his best to carry out all legitimate promises (e) Name of the Bar Association of which
made to the opposite party even though not reduced to writing or the Advocate is Member
enforceable under the rules of the Court. 4. Professional and Academic
Section IV - Duty to Colleagues Qualifications
36. An advocate shall not solicit work or advertise, either directly or 5. Areas of Practice (Eg.: Civil Criminal
indirectly, whether by circulars, advertisements, touts, personal Taxation, Labour etc.)
communications, interviews not warranted by personal relations,
furnishing or inspiring newspaper comments or producing his (NAME & SIGNATURE)
photographs to be published in connection with cases in which he
has been engaged or concerned. His sign-board or name-plate Declaration :
should be of a reasonable size. The sign-board or name-plate or I hereby declare that the information given is true.
stationery should not indicate that he is or has been President or
Member of a Bar Council or of any Association or that he has been
associated with any person or organisation or with any particular (NAME & SIGNATURE)
cause or matter or that he specialises in any particular type of worker
or that he has been a Judge or an Advocate General. 37. An advocate shall not permit his professional services or his
name to be used in aid of, or to make possible, the unauthorised
That this Rule will not stand in the way of advocates furnishing practice of law by any law agency.
website information as prescribed in the Schedule under intimation to
and as approved by the Bar Council of India. Any additional other 38. An advocate shall not accept a fee less than the fee taxable under
input in the particulars than approved by the Bar Council of India rules when the client is able to pay the same.
will be deemed to be violation of Rule 36 and such advocates are 39. An advocate shall not enter appearance in any case in which
liable to be proceeded with misconduct under Section 35 of the
there is already a vakalat or memo of appearance filed by an
Advocates Act, 1961.**
advocate engaged for a party except with his consent; in case such
SCHEDULE consent is not produced he shall apply to the Court stating reasons
1. Name why the said consent could not be produced and he shall appear only
2. Address after obtaining the permission of the Court1 .
Telephone Numbers Section IV-A2
E-mail id ————————————————————————————————————————————————

1 . Rule modified by addition of words “in case..............court” w.e.f. 5-6-1976.

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2 . Section 4A : Revised rules came into effect from 1-4-1984 (Rules 47 to 54 re-
** Added vide Res. No. 50/2008 dt. 24-3-2008.
numbered as 45 to 52)

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40. Every Advocate borne on the rolls of the State Bar Council shall
pay to the State Bar Council a sum of Rs. 300/- every third year
commencing from 1st August, 2001 along with a statement of
particulars as given in the form set out at the end of these Rules, the
first payment to be made on or before 1st August, 2001 or such
extended time as notified by the Bar Council of India or the
concerned State Bar Council.
Provided further however that an advocate shall be at liberty to
pay in lieu of the payment of Rs. 600/-3 every three years a
consolidated amount of Rs. 1,000/- . This will be a life time payment
to be kept in the fixed deposit by the concerned State Bar Council.
Out of life time payment, 80% of the amount will be retained by the
State Bar Council in a fixed deposit and remaining 20% has to be
transferred to the Bar Council of India. The Bar Council of India and
State Bar Council have to keep the same in a fixed deposit and the
interest on the said deposits shall alone be utilized for the Welfare of
the Advocates”** .
Explanation 1 : Statement of particulars as required by rule 40 in
the form set out shall require to be submitted only once in three
years.
Explanation 2. The Advocates who are in actual practise and are
not drawing salary or not in full time service and not drawing salary
from their respective employers are only required to pay the amount
referred to in this rule.
Explanation 3. This rule will be effective from 1-10-2006 and
for period prior to this, advocates will continue to be covered by old
rule.
41. (1) All the sums so collected by the State Bar Council in
accordance with Rule 40 shall be credited in a separate fund known
as “Bar Council of India Advocates Welfare Fund” and shall be
deposited in the bank as provided hereunder.

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3 . Contribution enhancement vide Resolution No. 130/2006 dt. 16-9-2006

** Proviso to Rule 40 amended vide Res. No. 66/2001 dt. 22-6-2001 w.e.f.
1-8-2001.