2 1 dec l;~j }~7(~) j4--j'~~j   ,  bill, fo of i"'"  ",~~;,  ~;~1i"  tim advocates (amendment) bill, 1963 a billfurther to amend the advocates act, 1961 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 this act may be called the' advocates (amendmellt) act short 1963 title 2s of 1961 s 2 in section 4 of the advocates act, 1961 (hereinafter referred ameadto as the principal act), after sub-section (2), the following sub- ment of section shall be inserted, namely: -section 4 ii (3) the term of ofllce of a member of the bar council of india elected by a state bar council shall be for the period for 10 which he holds office as a member of the state bar council, and every such member shall continue to hold oftlce as a member of the bar council of india until his successor is elected: provided that where a member of a state bar council who holds office ex-of]icio is so elected, the term of his office shall j 5 be two years from the date of his election " 3 in section 8 of of the principal act,-amendmentof (i) for the words "bar council", the words "state bar section 8 council" shall be substituted; (ii) for the words "elected to each such council", the words, 20 brackets and figures "elected to each such council (reconstitut  ed on the expiry of the term of office of the elected members of the state bar council under section 54)" shall be substituted  • in section 9 of the principal act,-amendmentof aection9 (0 in sub-section (1), for the words clfive", "tbra" and cltwo shall be persons", the words iithree", "two" and "one 811all be a person" shall respectively be substituted; (ii) for bub-section (2), the following sub-sections shall be s substituted, namely:-ii (2) the bar council of india 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 one shall be a 10 persod elected by the council from amongst advocates who are not members of the council (3) notwithstanding anything contained in sub-section (1) or sub-section (2), any disciplinary committee constituted prior to the commencement of the advocates (amend- is ment) act, ]963 may dispose of the proceedings pending before it ~g if those sub-sections had not been amended by the said act" 5 after section 10 of the principal act, the following section shall be inserted, namely:-20 insertion of new leetion loa dilqualiflcation of membel'l of bar council "loa an elected member of a bar council shall be deemed to have vacated his ofdce if he is declared by the bar council at which he is a member to have been absent without sufficient excuse from three consecutive meetings of such council, or if hjs name is, for any cause, removed from the roll of advocates" 25 amendmentof aectlon 15 amend mentof seet10n 18 8 in section 15 of the principal act, in sub-section (2) ,-j (i) for clause i a), the following clause shall be substituted, namely:-"(a) the election of members of the bar council including the conditions subject to which persons can exoer- 30 else the right to vote, the manner in which election shall be held rmd the manner in which results of election shall be published;" (it) in clause (e), for the words "bar council", the words "state bar council" shall be substituted 35 7: in section 16 of the principal act, in sub-section (4), the following proviso shall be inserted, j)amely:--pzovided that where any such senior advocate makes an appucation before the 31st december, 1964 to the bar council maintaiding the roll in which his name has been entered that 40 he does not desire to continue as a senior advocate, the bar council may grant the application and the roll shall be altered accordingly" 8 in section 18 of the principal act, in sub-section (1), the fol- amend-s lowing proviso shall be inserted, namely: -ment of selction 18 "provided that where any such application for transfer is 10 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" i in section 20 of the principal act, in sub-section (3), for the amend-is words "entries in each part of the common roll shall be in the order mentot of seniority and such seniority shall be determined as follows", the section 20 words "entries in each part of the common roll shall be maintained in such manner as the bar council of india thinks ftt and the seniority of an advocate on the common roll shall be determined as 20 follows" shall be substituted 10 for section 22 of the principal act, the following section shall su t  b&t!tu-ion 0  be substituted, namely: -new section for "22 there shall be issued a certificate of enrolment, in the section 22 prescribed form,-certificate (i) by the state bar council to every per80d whose ot enrolname is entered in the roll of advocates maintained by it mento under t~ a£tj and (ii) by the bar council of india to every person whose name is entered in the common roll without his name having already been entered in any state roll" 30 11 in section 24 of the principal act,-amendmentot section 2 • (a) in sub-section (1) ,-35 (i) in clause (c) ,-(a) in sub-clause (iii), the words "or elsewhere" shall be omitted; (b) after sub-clause (iii), the following sub-clause shall be inserted, namely:-"(iv) in any other case, from any university outside the ten-itory of india, if the degree u 1'8-cognised for the purposes of this act by the bar council of india; or"; (ii) in clause (d)-(a) - the words clafter such training" shall be omittehi: s (b) in the proviso, for paragraph (i) ,the following paragraph shall be substituted, namely:-"(i) a person who has obtained a degree in law from any university in india before the 31st day of december, 1963 or a barrister who was qualified 10 as such before the said date or a barrister who, having qualified after that date, has received such practical training in law as may be recognised in this behalf by the bar council of indiaj"; (b) in sub-section (2),- is (i) the words "or who is not a law graduate but was entitled to be enrolled as an advocate of a high court immeciiately before the appointed day under any law then in force,", shall be omitted; (c) after sub-section (2), the following bub-section shall 20 be inserted, ~amely:-ci (3) notwithstanding anything contained in bub-section (1), a person who-(a) before the 1st day of december, 1963-(i) has been an attorney of any high court 2s or has been an advocate on the roll of the court of judicial commissioner in any union territory under any law in force in that territory; or (ii) was entitled at any time to be enrolled under any "law then in force as an advocate of a 30 high court (including a high court of a former part b state) or of a court of judicial commissioner in any union territory, or (iii) has been a pleader for at least five years; or (b) before the 15th day of august, 1947, has been 3s an advocate of any high court in any area which wu comprised within india as defined in the government of india act, 1985: or (c) before the 1st day of april, 1937, has been an advocate of any high court in any area which was cold-prised witlrln burma as defined in the govermnent of india act, 1935, 5 may be admitted as an advocate on a state roll if he-(i) makes an application for such enrolment in accordance wiiil the provisions of this act not later than the 311t day of december, 1964; and 10 (ii) fulfills the conditions specified in clauses (a), (b), (e) and (1) of sub-section (1)  12 in section 26 of the principal act, in sub-section (1), after amend the words, brackets and figures "sub-sections (2) and t3)", the men:t of words "and to any direction that may be given in writing by the section 26 state bar council in this behalf" shall be inserted is 13 in section 28 of the principal act, in clause (b) of sub-section amend (2), the words "after such training" shall ,be omitted ment of section 28 20 14 in section 35 of the principal act, after sub-section (5), the amend following explanation shall be added, namely:-ment of "expzanation-in this section, the expressions "advocate- section 35 general" and "advocate-general of the state" shall, in relation to the union territory of delhi, mean the additional solicitor-general of india" 15 in section 54 of the principal act,-amend of india and" shal1 be ment of seotionm (i) the words "the bar council omitted; (ii) the following proviso shall be inserted, namely:-"provided that such members shall continue to hold otlice until the state bar council is reconstituted in accordance with the provisions of this act", 30 16 in section 58 of the principal act, in sub-section (4), for the amend· words "the issue and renewal", the words "the renewal or the issue ment of section 58 by way of renewal" shall be substituted  17 after section 58 of the 'principal act, the following sections 1nieition'-shall be inserted, namely: _ of new section 58aand 58b 3s "58a (1) notwithstanding anything contained in this act, sp~~  provlilona all advocates who, immediately before the 26th day of july, 1948, with res were entitled to practise in the high court in allahabad or the peet to chief court in oudh and who under the provisions of the united certain acivocatel provinces high courts (amalgamation) order, 1948 were recognised as advocates entitled to practise in the new high 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-paym-ent of the fee payable to the bar council s 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 undel' the indian bar councils act, 1926 and every such person may, 38 of 1928 on an application being made in this behalf, be admitted as an 10 advocate on the state roll of uttar pradesh special provision relating to certain disciplinary proceeding • -(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 is 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 (0) 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, 192620 38 of 1926 and every such person may, on an applioation being made in this behalf, be admitted as an advocate on the state roll of  andhra pradesh (3) notwitbstandi!lg anything contained in this act, all advocates who, immediately before the 1st dey of may, 1960 were 2s 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 38 of 1026 court of gujarat under the provisions of section 8 of the indian bar councils act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes 30 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 3s 58b, (1) as from the 1st day of september, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a high court shall, save as provided in the firsl proviso to sub-section (2), be disposed of by the state bar council in relation to that high court, as if the existing adve- 40 cate has 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, such proceeding hall stand trana  4' 38 of 1i~38 ~ ferred to the state bar council in il'elation 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: 88 of 1928 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 bar councils act, 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 has not been repealed: 10 is 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 that high court as if it were a proceeding pending before the corresponding bar council under cleuse (c) of sub-section (1) of section 56 20 (s) if immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil or attorney, who has been enrolled as an advocate on any state roll under the act, such proceeding shall tand 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 25 38 of 1926 (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 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 (5) the provisions of this section shall have eftect, notwithstanding anything contained in this act"  statement of objects and reasonsthe working of the advocates act, enacted in may, 1961, has revealed certain practical difficulties and representations in this behalf have been received from various state bar councils and other associations the bar council of india has also suggested certain amendments to the act difficulties were being experienced mainly in regard to the functioning of the bar councils and the committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of sections 17 and 24 of the act 2 it is considered necessary that the act should be suitably amended for removing such difticulties and for fecilitating the implementation of its provisions the principal amendments proposed in the bill are-(1) that the term of oftlce of a member of the bar council of india elected by a state bar council should normally be for the same period for which he holds oftlce as a member of a state bar council; (2) that the bar council of india should be empowered to form more than one disciplinary committee, and that the disciplinary committee of a bar council should consist of three members only; (3) that the bar council of india should be empowered to refuse, in suitable cases, the applications for the transfer of the name of an advocate from one state roll to another; (4) that the bar council of india should be permitted to prepare and maintain the common roll in such manner as it thinks ftt; (5) that certain categories of persons who may not at present be entitled to be enrolled as edvocates should be so entitled; (6) that the state bar council should have more effective control over its enrolment committees; and (7) that the disciplinary jurtsdiction of state bar counci1l mould bft extended to certain proceedings which are not at present covered by the act 3 the bill seeks to achieve these objects opportunity hal ala been taken to make certain other amendments of a minor character \ 4 the notes on clauses appended to the bill explain the provisions thereof new delhi: the 7th december, 1963 a it sen clauses 2, 3 a7id is-these clauses seek to amend sections 4, 8 and 54 of the act under section 8 of the act the term of oftice of elected members of the bar council of india and of state bar councils is six years, and one-third of the members has to retire on the expiration of every second year the bar council of india consists mainly of elected representatives of states bar councils, and the principle of rotation which has been introduced, ·both in the bar council of india and the state bar councils; may enable a member of the bar council of india to continue in oftice even after he has ceased to be , member of the state bar council this is an anomalous position cla~e 2 seeks to amend section 4 to provide that the term' of office of a member of the bar council of india elect~ by a state bar council should be for the sa~e period for which he holds oftice as a member of a state bar council it further provides that where the advocrte-general of a state who is an ex ofjicio member of the state bar councll, is elected to the bar council of india, he should hold office for two years only from the date of his election the existing section 8 provides for the term of office of members of the bar council of india as also of the state bar councils in view of the amendment made by clause 2 relating to the term of oftice of the members of the bar council of india clause 3 restricts the application of this section to state bar councils only under section 54 of the act, the term qf office of elected members of a state bar council constituted for the ftrst time is two years clause 3 (ii) seeks to make it clear that the provisions of section 8 shall apply to a sta~ bar council when it is reconstituted on the expiry of the term of oftice specifted in section 54 in view of the amendment made to section 4, the provil'lions of section 54 have also beoen restricted to state bar councils only the' elp-mion to the vrrious state bar councils may not be complete before the expiry of the term of their members under sectlen 54 to overcome this difficulty it has been provided in clause 15 that the elected members of a state bar council shall continue to hold office until it is reconstituted in accordance with the provisions of the act clause 4-under section 9, the disciplinary committee of a bar council is to consist of five members it is felt that this makes the ~ommittee unwieldy the sirength of the committee is therefore proposed to be reduced to three it is further considered desirable that the bar council of india should also have the power to constitute more than one disciplinary committee section 9 is being amended for the purpose cl(juae 5-there is do provision in the act relating to disqua, lification of members the proposed section loa specifies the circumstances under which an elected member of a bar council shall be deemed to have vacated his office  clause 6-section 15 deals with the power of a bar council to make rules this clause seeks to amend this section to make it clear that the rules may lay down the conditions subject to which persons can exercise the right to vote clause 7-by virtue of sub-section (4) of section 16 of the act, the advocates of the supreme court who were senior advocates on 1st december, 1961 automatically became senior advocates under the act the senior advocates are subject to certain restrictions in the matter of practice as prescribed by the bar council of india it is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocates of the supreme court czauae b-sectiod 18 of the act provides for the transfer of the name of an advocate from one state' roll to another when a person makes an application for such transfer, the bar council of india has no· discretion in the matter and it has to issue necessary directions for such transfer there may be cases where the transfer of the name of a person from one state roll to another is undesirable and the bar council of india should be empowered to reject an application for transfer in suitable cases, after giving the applicant a reasonable opportunity of representing his case this clause seeks to amend the section for the purpose c'l4uae 9-under section 20 of the act, the bar council of india has to prepare and maintain a common roll of advocates in the order of seniority the bar council of india has pointed out that prepa~ ration of the common roll after fixing inter be seniority of advocates all over india will be a laborious task and that the preparation of tbe eommon roll may therefore ·be delayed this clause seeks to amend iec:tlon 20 to enable the bar council of india to decide the manner in which the coi'qjd8ll rou ihall be maintained: cz4uae 10-section 22 deals with the issue of certi1icate of ~ilrol· ment in eases where the state bar councils have issued the certificates of enrolment, there may be no necessity for the bar council of india to issue a ~resh certificate again this clause seeks to amend the· 1kti0d to that effect cia"" ll-section 24 of the act prescribes the qualiflcauons which a person is required to possess for enrolment as new advocates it haa been brought to the notice of government that certain classes of persons who were treated as advocates or who were entiued to be enrolled as advocates before the commencement of chapter iii of the advocates act would not stricuy fall within the leope of section 24 it is also considered necessary to enlarge the 1c0pe of section 24 to cover certain other classes of persons as well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not the proposed sub-section (3) of section 24 specifies the various classes of persons who should be entiued to be enrolled as advocates they are as follows:-(i) advocates on the rou of judicial commlssionel'l' courts, (ii) attorneys of high courts, (iii) advocates of the chief court of sind before l~th august, 1947, (iv) advocates of rangoon high court before 1st april 1937, (v) all persons who were entitled to be enrolled as advocates of a high court (including a high court of a former part b state), or of a judicial commissioner's court, and (vi) all pleaders who have put in five years of practice before 1st december, 1963 the act was amended by act 32 of 1962 exempting law graduates who passed the final law examination before the 28th february, 1963, from undergoing training and passing the examination conducted by the bar council since the necessary arrangements for the implementation of the scheme of training could not be completed by au the state bar councils, it is proposed to extend the said period of exemption from 28th february, 1963 to 31st december, 1963 it is also proposed to enable the law graduates to pus the examination even during the course of training  other amendmmu 11' of - elarij\eatorj' utureclauae l~-section 10 of the act provides for the constitution of an enrolment committee and section 26 deals with the functions of the enrolment committee as a committee of the state bar council, the enrolment committee should carry out the functions subject to any rules that may be made or any directions that may be given by the bar council this clause seeks to amend section 26 10 make the position clear clause 16-as the act provides for one class of legal practitioners only, namely, advocates, it is proposed to make it clear that under section 58 (4), there should not be any fresh enrolment of pleaders or other class of legal practitioners certificates may, however, be issued to existing legal practitioners by way of renewal clause l7-the chief court of oudh and the high court of allahabad were amalgamated by an order made in 1948 and a new high court of allahabad was constituted the advocates of both the high courts were recognised as advocates of the new high court but they were required to pay ten rupees each for enrolment as advocates in the new high court many advocates did not pay this amount and they were not formally enrolled as advocates of the new high court a like situation has arisen in respect of certain advocates of the former state of hyderabad as well similarly on the reorganisation of the bombay state in may, 1960 a new high court of gujarat was constituted and many of the advocates of the bombay high court who opted for gujarat could not get themselves enrolled within the prescribed time it is necessary to make suitable provision to enable these persons to get enrolled as advocates proposed new section &sa is intended to achieve this purpose - chapter v of the act deals with disciplinary jurisdiction of the bar councils and it has been brought into force from 1st september, 1963 under the chapter, a disciplinary committee of a state bar council can take action only against those advocates who are on the state roll the state rolls are not complete and there are many advocates who -have not yet been enrolled as advocates under the new act it is necessary to make suitable provision relating to disciplinary matters in respect of them it is also necessary to make suitable provision for the disposal of disciplinary proceedings pending at the commencement of chapter v a removal of difficulties order was issued at the time of enforcement of that chapter it is proposed to incorporate the provisions of that order in the act 10 that the validity of the order may not be chal1anged in a court of law proposed new liection 58b ill intended to achieve the purpose  memorandum regarding delegated legisiattonclause 6 of the bill seeks to amend section 15 of the act, whick deals with the rule making power of the bar councils it is proposed to make it clear that the rules may also lay down the' condi· tions subject to which persons can exercise the right to vote clause 9 purports to amend section 20 of the act leaving it to the bar council, of india to decide the manner in which the common roll han be maintained the delegation of legislative power is of a normal character  -  ' - (25 or 1961) - - - - 8 the term of oftlce of the elected members of a bar counef1 j::::t shall be six years, but as nearly as possible one-third of the mem; m(mben of bers first elected to each such council shall retire on the expiration bar cowlciii of every second year in the prescribed manner, and the vacancies 80 <:aused shall be filled by the election of new members in the prescribed manner t (1) a state bar council shall constitute one or more djscipun- ~~:!::" ary committees, each of which shall consist of five persons of whom three shall be persons elected by the, council from amongst its members and two shall be persons elected by the council from amongst advocates on its roll 'yho are not members of the council (2) the bar council of india shall constitute a disciplinary committee consisting of five persons of whom three shall be personl elected by the council from amongst its members and two shall be persons elected by the council from amongst advocates on the common roll who are not members of the council - - - - - - u (1) - - - - power to makerujel (2) in particular and without prejudice to the aenenut, of the foftloldg power, such ruleti1 may provide for-(a) the manner in which the election of members of the bar council shall be held add the mann~ in which results of elections shall be publlahed; - - - - - (e) the manner in which the order of retirement by rotation of the members of the bar counell shall be determined; - - - - - is iediotidd other lid,o-c&tea ii (1) - - - -- (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  - - - - - :tm°f 18 (~) notwithstanding anything contained in section 17, an), ode state person whose name is entered as an advocate on the roll of any !,!dthe to state bar council may make an application in the prescribed form _0 r 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 appucation 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 - - - - - coaunoo roll of lidoeatn it (1) - - - - - (3) entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows:-- - - - - certificate of n there shall be issued a certificate of enrolment in the pres-:arolment cribed form to every person whose name is entered in any rou of advocates maintained under this act - - - - - pe1'lolll who h (1) subject to the provisions of this act, and the rules made =i~1 thereunder, a person shall be quauaed to be admitted as an advocate advoc&tcl oil on a state roll, if he fulfils the following conditions, namely:-a state roll _ - •••• (c) he has obtained a degree in law-- - - - - (iii) after the 28th day of february, 1963, from any vniversity in the territory of india or elsewhere, if the degree is recognised for the purposes of this act by the bar council of india; or be fa - barrister; (d) he has under gone a course of training in law and paued an examination after such training both of which shall be prescribed by the state bar council: ~ded that this clause shall not apply to-(i) a barrister who has received practical training in england or a person who has obtained a degree in law from any university in india before ~e 28th day of february, 1883; - - - - - (2) notwithstanding anything contained in sub-section (i), a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entitled to be enrolled as an advocate of a high court immediately before the appointed day undef" any law then in force, may be admitted as an advocate on a state roll if he-- - - - - zi (1) a state bar council shall refer every application for ad~ diapglal jlcati of -~ d ~ ~ ££&uild1oil as an a vocate to its enrolment committee, and subject to for 1idmi  the provisions of sub-seclions (2) and (3), such committee shall ::so:c:: dispose of the application in the prescribed manner - - - - - powertd  mlkcnaja ii (1) - - - - - (2)  in particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- - - - - (b) a course of practical training in law and the examination to be pueed after such training for admission as an advocate' on the roll of the bar council; - - - - - chapter v  conduct of' advocatils35 (1) where on receipt of a complaint or otherwise a state bar punihment eouneu has reason to believe that any advocate on its roll has been 1!:=~ guuty of professional cir other misconduct, it shall refer the case for codduct disposal to its dibclplinary committee (2) the dillclpunary committee of a state bar council, if it does not summarily reject the complllnt, shall ftx a date for the hearing pf the case and shall cause a notice thereof to be given to the advo cate concerned and to the advocate general of the state (3) the cuaciplin8ry committee of a state bar co\idcil after giving the advocate concerned and the advocate-general an opportunity of being heard, may make aay of the following orciers, namely:-~,  (4) dildlisa the complaint or, where the proceedings were id1tiated at the instance of the state bar couddl, c:tjrect that the proceedings be 1ued; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may 4eem at; (d) remove the name of the advocate from the state roll of advoeates (4) where an advocate is suspended from practice under dauie '(c) of sub-secuon (3), he shall, during the period of suspeilgon, be debaited 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-aeetion (2), the aclvoeate-general may appear befean the eli-ciplhw'y eoemniitee of the &ate bar coudcil either m pei'8dil gi' through any advocate appearing on hia behalf   - - - - ':~f st notwithstanding anything contained in thia act, the term of ~~~ot' oftlce of the elected members of the bar coudcil of india and - state ~~ f bar council constituted for the first time, ihall be two yean fram lacsia ad the date of the first ineetidg of the councll state bar couiicili    - -  18 (1)      (4) notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the legal practitioners act, 1879 or of the bombay 18 of i 7'· pleaders act, 1920, or of any other law relatin, to the admission and enrolment of legal practitioll9fi, the provisions of the acts and law bomba, act aforesaid and any rules made thereunder in so far as they relate to ~~ of the issue and renewal of - cert1tkate ·to a legal practitioner authoris- iug him to practise shall have effect until ch~pter iv comes into force and, accordingly, everycex:tiftcate issued or ren~ed to a legal practitioner (who is not enrolled as an advocateuncler this aet)  which is or purports to be issijed or renewed mder the provi:s1ons of either of the aforesaid acts or of the other law during the period begl!l!ling with the 1st day of december, 1961 and endlng with the date on wlrlch chapter iv' comes into force, shall be deemed to haft been validly iiined cii' renewed a bill funber to amead the advocates act, 1961 (shri asoke k s"" minister of l4fjj) statement giving brief reasons for the - withdrawal of the advocqtes (amendment) bill, 1963 introduced in the lok a,bha on the 21st decemberj 1963 since the introduction of the advocqtes (amendment) bill, 1963, representations have been received from the b~r council of indir and other bodies and individu~ls suggesting sever~l qmerdments to the advoc at as act the ronendmcn ts suggested would be outside the scope of the bill now pending before p~rlirment in the circumstances, ~t is proposed to withdraw the bill now pending before parli~ment on the ground th~t th€ bill is to be replacod by q more comprehensive bill which will include, in addi tion to the previsions contained in the pending bill, other romendcents to the advocrtes act new delhi, april 10, 1964 hk sen , minif)ter of ltlw 