 the advocates (third amendment) bill, 1962(as introduced in lolc sabra on 13m august 1962)  (as introduced in lok sabha) a billfurther to amend the advocates act, 1961 be it enacted by parliament in the thirteenth year of the repub­lic of india as follows: -1 this act may be called the advocates (third amendment) short dtleact, 1962 5 z in section 58 of the advocates act, 1961 (hereinafter referred amendmentto as the principal act), in sub-section (4),-oflocdoa si io (i) for the words "relating to the admission and enrolmentof legal practitioners, the provisions of those acts", the words "or of any other law relating to the admission and enrolment of legal practitioners, the provisions of the acts and law aforesaid" shall be substituted and shall be deemed always to have been substituted;     (ii) after the words "aforesaid acts", the words "or of theother law" shall be inserted and shall be deemed always                                                              to have been inserted is 3 after section 59 of the principal act, the following section shall lmcrtion of be inserted, namely:-=, adon20 "60 (1) until rules in respect of any matter under this =orao­act are made by a state bar council and approved by the bar venunm1 to council of india, the power to make rules in respect of that mat- male l'ldea ter shall be exercisable by the central government     (2) the central government may,                                      by notification in theofficial gazette, make rules under sub-section (1) either · for any state bar council or generally for all state bar councils and the rules so made shall have effect, notwithstanding any  ,thing contained in this act (3) where in respect of any matter any rules are made by the central government under this section for any state bar s council, and in respect of the same matter, rules are made by the state bar council and approved by the bar council of india, the central government may, by notification in the official gazette, 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 dat~ as may be specified in the notification and 10 on the issue of such notification, the rules made by the central government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date" under the advocates act, 1961 a state bar council has been empowered to enrol qualified persons as advocates on its roll in order that a person who has obtained a degree in law may be eligible for such enrolment, he has to undergo a course ot training in law and pass an examination thereafter as required by section 24(1) (d) of the act the state bar councils are required to frame rules for the purpose but they do not have effect, unless they are approved by the bar council of india the persons who passed the final law examination before the 28th february, 1962 were exempted from undergoing the prescribed course of training and examination mainly because all the bar councils were not constituted by that time and effective rules for the purpose could not be framed the bar councils have now been constituted but no effective rules for the purpose of prescribing the course of training and examination have yet been made it may still take some considerable time for all the state bar councils to make the necessary rules and get them approved by the bar council of india 2 difficulties have arisen on account of the inordinate delay in framing the necessary rules the persons who have passed their final law examination after the 28th february, 1962 are not able to undergo the necessary training in the absence of proper rules this is causing undue hardship to them representations have been received from various states and universities urging upon the government to undertake immediate steps for removing the diftlcultiea experienced by these law graduates 3 it is, therefore, proposed to amend the act empowering the central government to make rules for state bar councils to provide for a course of practical training in law and the examination to be passed after such training this would be an enabling provision and the central government would exercise the power only when it is necessary to do so when, however, any state bar couilcil makes any effective rules for the purpose, the rules made by the central government would cease to be in force on a notification issued in this behalf 4 there are some practising lawyers in tripura, manipur and other parts of india who are not legal practitioners under the legal practitioners act, 1879 or the bombay pleaders' act, 1920 while the act provides for the issue or renewal of certificates of practice to legal practitioners under these acts, difficulties have arisen in the case of lawyers to whom oth_er laws apply opportunity is being taken to remove this difficulty by making a minor amendment in section 68(4) of the act 5 the bill seeks to achieve these objectives nftr damj !"he 8th august, 1962 a k sen  memorandum regarding delegated legislationunder sections 15 and 28 of the advocates act, state bar councils have been empowered to make rules in respect of the matters specified therein under the proposed section 60, the central government is being vested with powers to make rules in respect of any of those matters this ii an enabling and transitional provision the central government may exercise the power in respeet of any matter until rules in ntspect of that matter have been made by the state bu cowlcil and the rules made by the central government would r81habi in foree ollly -so long as eftective rules are not made by the state bat council 2 ~e delegation of legislative power is thus of a normal <:;hv~ ter - extract from the advocates act, 1961 (25 of 1961) - - - - 58 (1) where a state bar council has not been constituted under special this act or where a state bar council so constituted is unable to ~:i=d! perform its functions by reason of any order of a court or otherwise, ~itional the functions of that bar councilor of any committee thereof, in period 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 bpen 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 adv~3te under section 14 of the 38 of 1926 indian bar councils act, 1926 (3) notwithstanding anything contained in this act, every per-~ who, immediately before the 1st day of december, 1961, was an advocate on the roll of any high court under the' indian bar 38 of 1926 councils act, 1926 or who has been enrolled as an advocate under this act shall, until chapter iv comes into force, be '!!ntitled as of right to practise in the supreme court, subject to the rules made by ~e supreme court in this behalf (4) notwithstanding the repeal by subo-section (2) of section 50 18 of i879 of the provisions of the legal practitioners act, 1879 or of the bom-~ kc bay pleaders act, 1920, relating to the admission and enrolment of ~ of legal practitioners, the provisions of those acts and any rules made thereunder in so far as they relate to the issue and 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 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 - - - - - a blll further to amend the advocates act, 1961•(shri jawaharla/ nehru, prime minister) 