BareLaws

The Advocates Act, 1961

Act No. 25
19-May-1961

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 diff erent dates3 may be appointed for different provisions of this Act. 4[(4) This Act shall, in relation to the State of Jammu and Kashmir *5 and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notific ation 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, ―

3. The provisions of the A ct 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, Ex traordinary, 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 Gazet te of India, Extraordinary, Part II, sec . 3(ii). 24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962 , in respect of s s. 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 V I [except s. 46, sub-section s (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 Chapter s 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 2 1st 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).

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 Kash mir.

6. Se ction 2 renumbered as sub -section ( 1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31 -1-1974). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territo ry of Ladakh. 5

(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* * * * *
(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* * * * *
(g)“High Court ”, except in sub -section ( 1) 3[and sub -section ( 1A)] of section 34 and in sections 42 and 43, doe s 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 cas e of the Bar C ouncil constituted for Delhi, 4[the High Court of Delhi];
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