 " ,~"  ":,\ :';  i""~ \:" \ l'       " 'it,  , "' >,               '7--/' 41'1-,            ~ ,                '   the advocates (amendment) bill, 1962(as introduced in lok sabha on 12m march, 1962)  the advocates (amendment) bill, 1962 [as introduced in lok sabha]a bill 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 (amendment) act, 1962 short title 2 in paragraph (ii) of the proviso to clause (d) of sub-section (1) amendment 5 of section 24 of the advocates act, 1961 (hereinafter referred to as of section 24· the principal act), for the words "is a member", the words "is or has been a member" shall be substituted 3 in section 54 of the principal act, the words "nominated and", amendment ~~~~ d~u 10 4 in the principal act, after section 57, the following sections inlcl'tion of shall be, and shall be deemed always to have been, inserted,;:w and~~nt namely:-is "58 (1) where a state bar council has not been constituted spec~ under this act ?r where a state bar council so constituted is s:i~:~h! unable to perform its functions by reason of any order of a court tr~itiona1 or otherwise, the functions of that bar councilor of any com- penod mittee 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 20 (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 aualifted 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 per~n so enrolled shall, until that chqpter 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 538 of i926 (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 or who has been enrolled as an advocate 3!l of 1920-under this act shall, until chapter iv comes into force, be en- 10 titled 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 or 8 of i87q of the bombay pleaders act, 1920, relating to the admission and 15 bombay',- t enrolment of legal practitioners, the provisions of those acts and xvii of any rules made thereunder in so far as they relate to the issue 1920 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 20 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 25 have been validly issued or renewed | removal      ||--------------|| difbculties |59 (1) if any difficulty arises in giving effect to the provisions of this act, particularly in relation to the transition from the enactments repealed by this act to the provisions of this act, the central government may, by order published in the oftlcial 30 gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty (2) an order under sub-section (1) may be made so as to have retrospective eftect from a date not earlier than the 1st day 35 of december, 1961  repeal of 5 (1) the advocates (amendment) ordin~ce, 1962 is hereby ordinance i repealed of 1962 (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or 40 taken under this act as if this act had commenced on the 24~ day 0f january 1962 - the advocates act 1961 provides for an autonomous bar council in each state and an all india bar council consisting mainly of the representatives of the state bar councils under the act, a state bar council is to enrol qualified persons as advocates and prepare a roll of advocates practising in the state and thereafter a common roll of advocates for the whole of india is to be prepared by the bar council of india the advocates whose names are entered in the common roll would be entitled as of right to practise in all the courts in india including the supreme court 2 provision was made in the act for its enforcement piece-meal and chapters i ii and vii which provide for the constitution of bar councils and certain transitional measures were brought into force on the 16th august 1961 it was expected that all the bar councili' would be constituted by december 1961 and a common roll would be prepared soon thereafter on that expectation chapter iii which relates to the admission and enrolment of advocates was brought into force on the 1st december, 1961 the expectation has not however been realised one of the state bar councils i3 yet to be constituted and the bar council of india could not therefore be formed 3 the delay in the constitution of bar councils and the preparation of the common roll has created certain difficulties where a state bar council has not been constituted there is no authority to enrol qualified persons as advocates and even where such a council has been constituted it cannot function effectively in the absence of proper rules which require the previous approval of the all india bar council moreover, even when a person is enrolled as an advocate on a state roll he will not be entitled to practise until his name is entered in the common' roll and chapter iv is brought into force 4 difficulties therefore, arose in the enrolment of proper persons as advocates and in conferring on them the right to practise since sections 6 and 7 of the legal practitioners act, 1879 stood repealed from the 1st december, 1961 when chapter iii was brought into force doubts arose whether the certificate to a pleader or a mukhtar could be issued or renewed after that date these unforeseen difficulties were causing unintended hardship to certain persons and it was considered necessary to take immediate action to amend the advocates act 1961 by promulgating an ordinance the advocates (amendment) , - 3 ordinance was accordingly promulgated on the 24th january 1962 for making suitable transitional provisions to overcome the difficulties which arose in the working of the act this bill seeks merely to replace the ordinance by an act of parliament opportunity has been taken to make certain minor drafting changes in the advocates ad ' ' • new delhi; a k sen the 20th february 1962 - - - - - - 24 (1) subject to the provisions of this act, and the rules made persons who thereunder, a person shall be qualified to be admitted as an advocate ~~~ on a state roll, if he fulftls the following conditions, namely:-:dvocate8a~n - - - - - - (d) he has undergone a course of training in law and passed an examination after such training both of which shall be prescribed by the state bar council: provided that this clause shall not apply to-(i) a barrister who has received practicaltraining in england or a person who has obtained a degree in law from any university in india before the appointed day; (ii) any person who has for at least two years held a judicial office in the territory of india or is a member of the central legal service; - - - - - - 54 notwithstanding anything contained in this act, the term of term of office of the nominated and elected members of the bar council of ~~b~~ at india and a state bar council constituted for the first time, shall be first bar two years from the date of the first meeting of the council ?nd~c~~c:f - - - - - - state bu councils i!:r;t'rg= :a-::-dr!i: 1}1:~:!: n gel "sol' 12' '!o!1jjwatioi or fbi qlriiibci - , ad,eate ie', 1961 pre't'1c1 •• '-i" _  __ ue aar cancil: sa  8"_~ •• ul-ja41a bar cudcl1 ce~81'lng  tal, et tbe ,represeta1;1, - • t tb hate bar cwcua udder till - let •• s_ bar cewacll 1  ed'rel cjdlitjed per ••• a ed  aad prepare rell et d'ften'te p~ctll11!w la tile -'te;;na tbereatter - e __ a ft11 et dfteat •• far ttl •• ~le t xadia _j1d ba pnpared  , ,be all-ladia 1" '-acu ala adw __ wbe  __ 1 enterecl iii ttle oem_ rell wwld be at~tled w preo'ie 10 all ta •• un 'd wi tncll1dlluj the pre  ceun 2 a  prcedt1re anri_ed ia _b1_ le' 1 aub_teat1al1, 41tterent rna tbe u1atl, practlce, preyl ws  de ill the aet ter 1-' edt  _a' piece  l cbapter i, 11 add yli1ihleil cc"ta1n tranit1ediil _e  ~ br~bt 10m terce ois t ib ~n 1961 wb_ bar ce1&de1l 111 _ywal 8_te wei' c8dautalud, there was - de1lllldll ~t; chapter iii etch relate te ta _1_led iidd nrejat et ad,oam •• be\lld be brelul':h\ 1nte taree without dela, l' wa axpected tha' all tbe bar ceudcll w  ld be eanaututed by dec_ber, 1961 aad ed 'bib wld"8t  di~t cblpt  iii _ brought lou &rca ell ttle t n de  ber, 1961 but ene  te bar cellneu  -1 yet ta be __ 'i_tect add the all-ladle bar ceuae'u ceuld dd thanezoe, be ie "l'9" ft_ bar ce\1oc11 be,:  '  " cenetituted, there 1 de auttwrldt1 te entrel qualified p  sene s ad~cte, add eftd w  zoe ill_ - c  ncll baa beed cen8t1tllte", l' cllnnet f\mct1ed treeti •• lr in the ab •• ace et ,reper hie wbjcb require the preyielia epnrevsl t tbe a1i-ildill bar caci1 mereeyer, eftd aea a peren 1 earelled •• an dftcet ••• a state rell, b will net be utled te practise unul hi  ia edtereci 1d e ___ nil •• chapter it 18 breugbt ~ fir, add, a _'tera -dd, it  udlike11 tba' aia1a cbaptt 8";' breught int '-'e ar __ tllltt   ) dlft1ealt~, \brter, an •• 1d 1;b •• dn~d' t qulltl •• per_ae ••• d  , •• aael in centerrldg d ttl 'lib rigllt te pl"lc'l la ne - • t ~a rttpeltl et eenaid pr'ri81en - • t the laal 'not1t»_" lot, t8?9 wi  eftee' freii the 1t deeellber, t 961 1dwd quip'" iii , breugbt in_ tree, debt •• ra •• whethr cert1fi'e toe plederb, _kbtatta •• te eeuld b il!!j8uad mrewed n ,bet da  ~ iii  der '- ~e'ft 'b  an"'e tifft_iue, l' b •••  _ar, '- tad 1jdidi8, aet1ed _d jtftlrllce •• _  41i11d   - a 8illtable preria1ea ter ttle ara_at t preper "reea a •• dft08'  dd tel' oedterrlq  tta tile right _ )'jnou •• add 81 tel' tile "l •• u alii " __ 1 et oertlt1c' •• te pl_dera - - "klatara, e' •• , pedd1q tile ca_ce - , ~t chaptr iv e l4fto  ('-ad_a') ord1  dee  accrd1acl1 pnllulgaw d  zj jdlar, t9 •• ------a bill to amend the advocates act, !961 lasoke k sen, minister 0/ law) 