 the advocates (amendmen1) bill, 1964 " bill further to amend the advocates act, 1961be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the advocates (amendment) act, abort title, 1964 25 of 1961 5 2 in section 3 of the advocates act, 1961 (hereinafter referred amendto as the principal act) ,-ment of ect1onl (a) in sub-section (2) in clause (b), for the words "roll of the state bar council" the words "electoral roll of the state bar council" shalt be substituted; 10 (b) to sub-section (2), the following proviso shall be added, namely:-is 38 of 1921, "provided that as nearly as possible one-half ot such elected members shall, subject to any rules that may be xnade in this behalf by the bar council of india, be persons who have for at lealit ten years been advocates on a state roll, and in computing the said period of ten ye8lll 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"; 20 (c) after sub-section (3), the following sub-sections shall be inserted, namely:-"(4) an advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen ai, 196 (b) lb-1 and for being, a member of a state bar council, unless he possesses such qualllications or satisfies such conditions as may be prescribed in this behalf by the bar ~ouncil 01 india, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to 5 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, but every election after such commencement shall be held 10 in accordance with the provisions of the rules made by the bar council of india to give effect to the said proviso" ~ in section 4 ¢ the principal act, after sub-section (2), the following sub~ection shall be inserted, namely:-amendmentof ection 4 "(3) the term of office of a member of the bar council of 15 india elected by the state bar council shall,-(i) in the case of a member of a state dar council who holds office ex ojjicio, be two years from the date of his election; and (ii) in any other case, be for the period for which he 20 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 umil his successor is elected" 4 in section 8 of the principal act,-25 amend"; ment of section 8 (a) for the words "bar council", the words "state bar council" shall be substituted; (b) for the words "elected to each such council", the words, brackets and figures "elected to each such council (reconstituted on the expiry of the term of office of the elected 30 members of the state bar council under section 54)" shall be substuuted 5 for section 9 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 9 disciplinary committees "9 (1) a bar council shal~ constitute o~e or more disci- 35 plinary 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 spectfted in the proviso to sub-sectian (2) ot m'ction 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 s (2) notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the advocates (amendment) act, 1964 may dispose of the proceedings pending before it as if this section had not been amended by the said act" 10 6 after section 10 of the principal act, the following section shall insertion , be inserted, namely:-of new sectioi1 loa "loa an elected member of a bar council shall be deemed diequalito have vacated his office if he is declared by the bar councfl fication of of which he is a member to have been absent without suft\cient members is excuse from three consec,utive meetin~s of such council, or it ~~~:~il his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the bar council of india" 7 in section 15 of the principal act, in sub-section (2) ,-amend ment of 20 (a) for clause (a), the following clause shall be substituted, section 15 namely:-"(a) the election of members of the bar council including the conditions subject to which pfrsons can exercise the right tp vote, the preparation and revision of electoral rolls, 2s the manner in which election shall be held and the manner in which results of election shall be published;"; (b) in clause (e), for the words "bar council", the words "state bar council" shall be substituted 8 in section 16 o,f the principal act, to sub-section (4), the follow- amend-;,itj ing proviso shan be added, namely:-ment of section 18 "provided that where any such senior advocate makes an applicatiorf befoo'e 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 35 council may grant the application and the roll shall be altered accordingly" 9 in section '17 of the principal act, in sub-section (3), for the amendwords "and such seniority shall be determined", the words "and, ment of subject to any rule, that may be madefby the bar council of india in section it ':;0 this behalf, such seniority shall be determined" shall be substituted amea4-ie in section 18 of the principal act, to sub-section (1), the folment of lowing proviso shall be added, namely:-eectiod 18 "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 s 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" 10 amacl mmt of mctlcm :&0 11 in section 20 of the principal act, in sub-section (3), for the words uentries in each part of the common roll shall be maintained of seniority and such seniority shall be detennined as follows", the words uentries in each part of the common roll shall be maintained in such manner as the bar council of india thinks fit and the seniority is of an advocate an the common roll shall be determined as follows" ihall 'be substituted "22 there shall be issued a certificate of enrolment, in the 20 prescribed fonn-8ubgltu-u for section 22 of the principal act, the following section shall tfon of new' be substituted namely:-8ec't1on for ' leetion22 certulcatai fii enrolment (i) by the state bar council to every person whose name is entered in the common roll without his name havunder this act; and (ii) by the bar council of india to every person whose 2, name is entered in the common roll without his name having already been entered in any state rou" (a) in sub-section (1) ,-(a) in clause (e) ,-(0 in sum-clause (tii) , the words "or elsewhere" shall be omitted; (ii) after sub-clause eiii), the following sub-clause shall be inserted, namely:--  (iv) in any other case, from any university 35 outside the territory of india, if the degree is recognised for the purposes of this act by the bar council of india; or"; (b) in clause (d) ,-(i) the words "after such trairung" shall be omitted; (ii) in the proviso, for paragraph (i), the following paragraph ghall be substituted, namely:-10 is "(i) a person who has obtained a degree in law from any university in india on the results of an examination held before the 31st day of march, 1964 or such other later date as may be prescribed, or a barrister who was called to the bar before such 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 india;"; 20 (b) in sub~ection (2), for the words "a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entltled to be enrolled as an advocate of a high court immediately before the appointed day under any law then in force", the words "a vakil or a pleader who is a law graduate" shall be substituted; (e) after sub-bection (2), the following sub-sections shall ·be inserted, namely:-3s "(3) notwithstanding anything contained in sub-section (1), a person who-(a) before the 31st day of march, 1964, has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time to be enrolled under any law then in force as an advocate of a high court (including a high court of a form~r part b state) or of a court of judicial commissioner in ~ny union territory; or (b) before the 15th day of august, 1947, has been an advocate of any high court in any area which was comprised within india as defined in the government of india act, 1935; or (c) 'before the igt 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; or (d) is entitled to be enrolled as an advocate under any trule 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 sueh enrolment in 5 accordance with the provisions of this act; and (ti) fulfils the conditions specified in c1aus£'s (n), (b), (e) and (f) of sub-section (1) (4) notwithstandin~ anythinr contained in sllb-~ection (1), a person who has been an attorney of a·ny high court 10 may be admitted as an advocate on a state roll if he makes an application for such enrolment in aceordance with the provisions of this act and fulfils the conditions specified in ·clauses '(a), (b), (e) and (n of sub-section (1), but the right of such a person to plead or to act on the ori~nal ~ide 15 of the high colirl at calcutta or the high court at bombay shall be subject to any rules that may be made in that behalf by that high court"  14 in section 26 of the principal act,-amendment of section 28 (a) in sub-section (1) after the words, brackp1:~ anti firures 20 "sub-sections (2) and (3)", the words "and to anv direc-tion that may be given in writing by the state bar council in this behalf" shall be inserted; (b) to sub-section (1), the following proviso shall be added, namely:-"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 c1f advocates by misrepresentation as to an essential faci or by fraud or undue influence, !'emove the name of such person 30  from the roll of advocates after giving him an opportunity of being heard"; (e) after sub-section (3), the followin,g su'b-seciion shall be inserted, namely:-" (4) where the enrolment committee of a state bar 35 council has refused any application for ~mission as an advocate on its roll, the state bar council shall as soon as may be, send intirhation 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 40 for the refusa1"~ s 15 after section 26 of the principal act, the foillowmg section insertion shall be inserted, namely: _ of new seetion26a "26a the bar council of india or any state bar council power to may remove from the common roll or the state roll, 0 the case remove may be, the name of any advocate who is dead or from whom a ~ames request has been li'eceived to that effect!' r:o:: 16 in section 28 of the principal act, in clause (b) of sub-section amend-(2), the words "after such training" shall be omijtted ment of lection 28 17 to section 35 of the principal act, the following explanation amend-10 shall be added, namely: -ment of "  explanation-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"  18 in section 37 of the principal act, in sulb-section (1), for the amend is words, brackets and figures "under sub-section (3) of section 35", the ment of words and figures "under section 35" shall be substituted sechon 37 20 19 after section 48 of the principal act, the following sections insertion sha:! be inserted, namely: -of new sections 48a and 4813 "48a (1) the bar council of india may, at any time, call for power of the record of any proceeding under this act which has been revision disposed of by a state bar council or a conunittee thereof, and from which no appeal lies, for the pulfpose of satisfying itself as tq the legality or propriety of such disposal and may pass such orders in relation thereto as it may think nt (2) no order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard 30 48b (1) for the proper and efficient discharge of the func- powerto tionsof a state bar council or any committee thereof, the bar give direc-council of india may, in the exercise of ita power, of general tiolll 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 3s (2) where a state bar couneil is unable to perform its functions for any li'easod whatsoever,· the bar council of india may, wi1hout prejudice to the generality of the foregoing powet' give such directions to the ex ot1icio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything convlined in the rules made by the state bar council"  20 in section 49 of the principal,-amend ment of lection49 (a) for clause (a), the following clauses shall be substituted, namely:-"(a) the conditions subject to which an advocate may be entitled to vote at an election to the state bar council 10 including the qualifications or disqualifications of voters, and the manner in which an electrical roll of voters may be prepared and revised by a state bar council; (ab) qualifications for membership of a bar council and the disqualifi~ations for such membership; is (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of aection 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one 20 state roll; (ae) the manner in which the seniority among advocates- may be determined; (af) the category of persons who may be exempted from undergoing a course of training and passing an exami- 25 nation prescribed under clause (d) of sub-section (1) of section 24; (ag) the class or category of persons entitled to be enrolled as advocates; (all) the conditions subject to which an advocate shall 30 have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;"; (b) for clause (i), the following clauses shall be substituted, namely: - 35 "(i) general pri~ciples 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: " 21 ·after section 49 of the principal ad, the followmsectio & n inaertion ahall be inserted, namely:-of newlec-s  nit (1) th c al g tion 49a _n e entr overnment may, by notification in p the official gazette, make rules for carryirig out the purposes of c~~~~of this act including rulu with respect to any matter for which the govern-bar council of india or a state bar council has power to make ment to rules make rule • (2) in particular and without prejudice to the generality of " the foregoing power, such rules may provide for-10 (a) qualiftcations 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 e1'll'olled as advocates under thia act;  (d) the category ot 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; 20 (e) the manner in which seniority among advocate may be determined; (1) the procedure to be followed by a disciplinary committee of a )jar council in hearing cases and the procedure to be followed by a disciplinary committee of the bar council of india in hearing appeals; (9) 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 counclli 30 (4) if any provision of a rule made by a bar cowlcil is repugnant to any provision of a rule made by the central goverrunent under tws section, then, the rule under this sectiun, whether made before or after the rule made by the bar caunell, shall prevwl and the rule made by the bar cowacil shall, to the extent of the repugnancy, be void 3s (5) every rule made under this act shall ,be laid, as soon as may be alter it 15 made, before each house of l'arllament wlllle it is m session for a total period of twrty days which may be comprised in one 88sslon or in two succfmisive sessions, and if 186 (b) ls-a before the expiry of the session in which it is so laid or the session immediately following, 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 s however, that any such modification or annulment $hall be without prejudice to the validity of anything previously done under that rule"  zz in section 54 of the principal act,-amed4 ment 01 tectionm (i) the worda uthe bar council of india and" shall be omit- 10 ted and shall be deemed always to have been omitted; (ii) the following proviso shall be inserted and shall be deemed always to have been inserted, namely: - "provided that such members shall continue to hold office until the state bar council is reconstituted in accord- is ance with the provisions of this act" amend-z3~- in section 55 of the principal act, for clause (c), the followment of ing clauses shall be substituted, namely:-l18ction &i "(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of the legal practi- 20 tioners act, 1879, or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this act; 18 of 1879 amendment of section 58 (d) every revenue agent practising 88 such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law;" 25 24 in section 58 of the principal act, in sub-section (4), for the 18 of 187g words "the issue and renewal", the words "the renewal or the issue by way of renewal" shall be substituted 15 after section 58 of the principal act, the following sections shall be inserted, namely:-insertion of new ~ 58a and 58b special provisionl with res-~to certajd advocate "58a (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 35 reco~ 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 hiih court merely 5 18011926 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 (i) 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 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 10 is sa of 1926 (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 ~t 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 (i) of ~ection 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 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 38 of 1926 30 (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 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 it, 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 applieation being made in this behalf, be admitted as an advocate on the state rou of gujarat 3s of 1926 40 (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 shau, 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 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 58b (1) aa from the 1st day of september, 1983, f!'iery proceeding in respect of any disciplinary matter in relation to an existing advoeate of 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 s advocate had been enrolled as an advocate on its roll  (2) if immediately before the said date, there is any pr~ ceeding in respect of any disciplinary matter in relati01ll to an existing advocate pending before any high court under the indian bar councils ad, 1926, such proepedinq; shjlll ~t8nd trans- 10 38 of 1128 ferred to the state bar council in relation to that high court, as' if it were a proceeding pending before the eorresponding bar council under clause (e) of sub-sectron (1) of section 56: provided that where in resoect of any web pl'oc'eedln~ the hi~h court has received the findin~ of a tribunal constituted is under section 11 of the indian bar councils act, 1926, the hi~h s8otl1l28 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: 20 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 b~r council in relation to the high cnurt as if it were a proceeding pending before the corresponding bar council :as under clause (c) of sub~ection (1) of section 58 (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 pro- 30 ceedlng shall stand transferred to the state bar council on the roll of which he has been enrolled and be dealt with und~ this act as if,it were a proceeding arising against him thereunder (4) in this section "existin~ advocate" means a j)erson who was enrolled as an advocate on tbe roll of any high court under 35 the indian bar councils act, 1926 and who, at the time whf'n any hot 112ft proeeedin~ in respect of any discipunary matter is initiated  a~fncrt: him, is not enrolled as an adt0c8te on a state ron under this act ,  '" ,  (5) the provisions of this section shall have effect, notwith- 40 standing anything eontained ba thja aet "  statement of"()bjects and reasonsthe working of the advocates act, enacted in may, 1961, hal 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 ections 17 and 24 of the act it is considered necessary that the' act should be suitably amended for removing such difficulties and for facilitating the implementation of its provisi~ns ' 2 ~e act provides for the general supervision and control of the bar council of india over all state bar councils in order that they may, in the exercise of their powers, follow a uniform all-india policy the powers given to the bar council of india in this behalf are, however, inadequate and it is considered necessary to enlarge its powers it is therefore proposed to empower the bar council of india to issue appropriate directions to a state bar council or a committee thereof, and also to exercise powers of revision in retation to any proeeeding disposed of by a state bar council tt is also proposed to enlarge the appellate jurisdiction of the bar council of indta it is further proposed to give wider rule making powers to the bar council of india for the efficient and smooth working of the act, it is also considered necessary to vest in the central government powers to make rules in respect of matters which may be considered necessary 3 'nte state bar councils have been given wide powers under the act in respect of various matters, including disciplinary matten it is considered that, in the interests of efficient functioning of 8 state bar council, it should consist of some advocates who have at least ten years' standing there was such a provision in the indian bar councils act, 1926 it is accordingly proposed to provide that, as nearly as possible one-half of the elected members of every state bar council should be advocates of not less than ten years' standing 'nte other principal amendments proposed in the bill are-(1) that the term of offtce of a member of the bar conn cd of incua elected by a state bar council should normally be for the same period for which he holds omee as a member of a state bar council: (2) that the bar council of indja should be empowered to form more than one disciplinary committee, and that the disci~ plinary 06mmittee of a bar council should consist of three  members only, one of whom should ,be a c()()pted member; (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 at; (5) that certain categories of persons who may not at present be entitled to be enrolled as advocates should be so entitled; (6) that the state bar council should have more effective control over its enrolment committees: and (7) that the disciplinary jurisdiction of state bar councils should be extended to certain proceedings which are dot at present covered by the act 4 the bill seeks to achieve these objects opportunity has also been taken to make certain other amendments of a minor character 5 the notes on clauses appended to the bill explain the provisions thereof new di:lhi; a k sen the 11th march, 1d84 ciaule 2-under sub-section (2) of section 3 of the act, the membertl of a state bar council are elected from amongst the advocate~ on its roll, and every advocate is entitled to seek election to the bar council the state bar councils have been given wide powers \tilder the act in respect of various matters, including disciplinary luatters it is considered that, in the interests of efficient function jug vf a state bar council, it should consist of some advocates who have at least ten years' standing there was such a provisicn in the indian bar councils act, 1926 it is accordingly proposed t:, providt: that, as nearly as possible, one-half of the elected members of every state bar council should be advocates of not less than tea years' standing it is also proposed to empower the bar council of india to make rules in regard to the disqualification of an advocate from votin, at an e1~ctlon or for being chosen as, or for ·being, a member of - state bar council this clause ~ks to amend section 3 for the purp06e -clauaes 3, 4 and 22-these clauses seek to amend sections 4, 8 and 54 of the act under section 8 of the act, the term of office 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 l'etire on the expiiation of every second year the bar council of india consists dlainly of elected representatives of state bar councils, luld the principle of rotation which has been introduced, both in the bar council of india and the state bar councils, may enable a mem1ler of the bar council of india to continue in office even after he haa ceased to be a member of the state bar council this is an anomalous position clause 3 seeks to amend section 4 to provide that the term of oftice of a member of the bar council of india elected by a state ber council should be for the same period for which he holds office as a member of a state bar council it further provides that where the advocate-general of a state who is an ez ofjicio member of the state bar council, is elected to the bar council of india, he should hold offiee 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 anlendment made by clause 3 relating to the term of office of the members of the bar council of india, clause 4 restricts the a})plication of this &ection to state bar council only under section 54 of the act, the term of office of elected meldbeti of a state bar council constituted for the first time is two years clawse 4 fb) seeks to make it clear that the provisions of ,section 8 shall apply to a state bar council when it is reconstituted on the expiry of the term of office specified in section 54   in view of the amendment made to section 4, the provisions oi section 54 have also been restricted to state bar councils oni],- the 61ection to the various state bar councils would not be completed before the expiry of the term of their members under section 54 to overcome this difficulty, it has been provided in clause 22 that the elected memberi of 6 state bar council shall continue to hold omce until it is reconstituted in accordance with the provisiona of the act  clause 5-under section 9, the disciplinary committee of - bar council is to consist of five members it is felt that this makes the committee unwieldy the strength of the committee is therefore proposed to be reduced to three out of three members, two shall be elected and the third member shall be co-opted ii is also pro-1'osed that the co-opted member should be an advocate of ten years' standing it is further considered desirable that the bar council 01 india wlould also have the power to constitute more than one disclpliuary committee section 9 is being amended for the purpose clause 6-there is no provision ill the act relating to disq\ali-1lcatioo of members the proposed section loa specifies the circum   tances under which an elected member of a bar council shall be qeemed to have vacated his office clause 7-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 conditiodi subject to whlch persons can exedcise the right to vote cl4uh s-by virtue of sub-section (4) of section 1& of the- act, the advocates of the supreme court who were senior avueates on 1st de<:ember, 1961 automatically became senior advocates under the act the senior advocates are subject to certain restrictions in the matter of practice as may be prescribed by the ~ council of india it is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocaml of the supreme court  clauae lo-section 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 oi 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 appucli tion 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 clause ll-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 councill:>f india has pointed out that preparation of the common roll after fixing inter be seniority of advocate all over india will be a laborious task and that the preparation of the common roll may therefore be delayed this clause seeks to amend section 20 to enable the bar council of india to decide the manner in which the common roll shall be maintained clause 12-section 22 deals with the issue of certificate of enrolment in cases 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 fresh certificate again this clause seeks tu amend the sectwn to that effect czause 13-section 24 of the act prescribes the qualiflc:atioill which a person is required to possess for enrolment as a new advocate it has been brought to the notice of government that certain classes of persons who were treated as advocates or who were entitled to be enrolled as advocates before the commencement of cbapter iii of the advocates act would not strictly fall within the scope of section 24 it is also oonsidered necessary to enlarge the scope of section 24 to cover certain other classes of persons 8l> well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not the proposed sub-sections (3) and (4) of section 24 specify the various classes of persons who should be eligible for enrolment as advocates they are as follows:-(i) advocates on the roll of judicial commissioners' courts, (u) attorneys of high ccurts, (ill) advocates of the chief court of sind before 15th august, 1947, : (iv) advocates of rangoon high court before 1st april, 1937,  195 (b) ls-3(v) allpenons who were entitled to be enrolled as advocate of a high court (including q high court of a former part b state), or of a judicial commissioner's court, and (vi) all pleaders and mukhtare who have put in tme yeara of practice before 31st march, 196~ '!be act was amended by the act 32 of 1962 exempting law graduates who passed the final law examination before the 28th febl'\llu'y, 1963 from undergoing training and passing the examination collducted by the bar council since the necessary arrangements for the implementation of the scheme of training could noi be completed by all the state bar councils, it is propoeed to extend the said period of exemption from 28th february, 1963 to 31st march, 1964 or to such other later date as may be prescribed it is also proposed to enable the lew graduates to pass the examination eyed during the course of trainij1g other amendments are of a clarificatory nature clause 14-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 it is proposed to make the position clear it is further proposed to have a specific pr:ovision to the effect that in all cases when a person gets himself eorolled as an advocate by misrepresentation or fraud or undue influence, the bar council of india may remove his name from the roll of advocates, after givinl' him an opportunity of being heard provision has- also been made for sending due intimation to all other state bar councils in caees when there has been a refusal of the application for enrolment this clause seeks to amend section 26 to achieve the purpose clause 1s-it is thought necessary to have a provision enablilla the bar councils to remove the name of any advocate who is dead or who seeks to have his name removed new clause 26a is intend, ed to achieve the purpose clause 18-section 37 of the act provides for an appeal from an order of the disciplinary committee of a state bar council made under sub-section (3) of section 35 it is proposed to enlarge the scope of the provision so as to give the right of appeal even in cases where the disciplinary committee summarily rejects the complaint under bu\)section (2) of section 35 1clc:wae -19 and 20-under-section 7(g) of the act, the bar council atindia has to exercisegeneral supervision and control over the state bar councils in'order that these powers maybe properly exercised, it is proposed that the bar council of incua should be empowered to iuue directions to the state bar councils and also to call for the reeord of any non -appealable case disposed of by a state bar council ·or a committee thereof and to issue appropriate orders thereon 'nle bar council of india should also have the power to make rules for ·enforcement of such directions and orders proposed new sections 4&a ,and 48bare intended to achieve the purpose 1"or the smooth working of the act, it is proposed to vest wider rule-making power in the bar council of india in relation to the functioning of state bar councils and the enrolment of advocates clauae 21-under the act, the power of the central government to 'make rules is very limited this power can be exercised only when rules have not been made by a state bar council it is proposed to empower the central government to make rules in respect of all matters which may be deemed necessary including those matters in relation to which the bar councils have power to make rules subject to the usual provision for laying the rules before parliame!llt new section 49a is intended to achieve the purpose clause 24-as the act provides for one class of legal practitioners only, namely advocates it is proposed to make it clear that ur:der 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 clauaf! 2s-the chief court of oudh and the high court of allahabad were amal~amated by an order made in 1948 ::ind a new high court of al1ahabad 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 hillh court many advocates did not pay thi!!! amount and they were not formally enrolled as advocates of the new high court of allahabad was constituted the advocates of both rates 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 (f the advocates of the bombav high court who opted for gujarat {'ould not get themselves enrolled within the prescribed time it is necessary to mak suitable provision to enable these persons to get enrolled as advocate proposed new section 58a is intended to achieve thjs purpom 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 ilre 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 challenged in a court of law proposed new section 58b is intended to achieve the purpose it is also proposed to treat all advocates on the roll of the court of judicial commissioner in any union territory immediately before 1st december, 1961 as advocates of high court for the purpose of clause (a) of sub-section (1) of section 17 the other amendments are of a formal or consequential nature  memorandum regarding delegated legislationclause 7 of the bill seeks to amend section 15 of the act which deals with the rule-making power of the bar councils it is proposed to make it clear that the rule may also lay down the conditions subject to which persons can exercise the right to vote clause 11 purports to amend section 20 of the act leaving it to the bar council of india to decide the manner in which common roll shall be maintained clause 20 of the bill seeks to amend section 49 so as to confer wider rule-making powers on the bar council of india for the smooth and efficient working of the act the matters in respect of which such rules may be made relate to the conditions subject to which an advocate may be entitled to vote at an election of the state bar council and the qualification and disqualification of membership of such bar council, the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3 and the manner in which directions issued and orders made by the bar council of india may be enforced the bar council of india has also been empowered to make rules in respect of other minor matters clause 21 of the bill seeks to insert a new section 49a which empowers the central government to make rules for carrying out the purposes of the 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 the rules made by the central government shall be laid before both houses of parliament and shall be subject to the scrutiny of parliament the matters in respect of which rules may be made are of an administrative or procedural nature i the delegation of legislative power is of a normal character  'erraacrs 'nom the advocatis act, 1961-   (25 or 1981) - • ' chapter n- 3 (1)       bar co'ulfcil8 -             -                          - -             -                          - statebu couneu, - - (2) a state bar council shall consist of the fouowidg memben, namely:-(a) in the case of the state bar council of delhi, the additional solicitor-general of india, e:c-ofjicio; and in the case of any other state bar council, the advocate-general of the state, e:c-of}icio; (b) in the case of the bar council of assam, the bar council of orissa and the bar council of delhi, fifteen members and in every other case, twenty members, elected in accordance with the system of proportional representmion by means of the single transferable vote from amongst advocates on the roll of the state bar council  - ' ' - term 01 otftce of memben of bar councfi, 8, the term of oft\ce of the elected members of a bar councfl shall be six years, but as nearly as possible one-third of the members first elected to each such council shall retire on the expiration of every second year in the prescribed manner, and the vacancies 10 caused shall de filled by the election of new members in the preacribed manner dilcipllnary committeel, 9 (1) a state bar council shall constitute one or more disciplinary committees, each of which shall cionsist 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 who are not members of the council (z) the bar couddl of lqdia ·lhall codstitute a disc1pllnary com  mittee cans:latiq, of five persons of whomthree ahall be pel"sod8 elec-~ed ,by the council iromamoogst its members and two shall be per-ons elected by the council from amongst advocates on the common roll who are not members of the council - - - - - - - - - - 15 (1) power to (2) in particular, and without prejudice to the genemlity 01 the make foregoing power, such rules may' provide forrulel (4) the manner in which the election of memben of the bar council shall be held and'the manne!' in which ftijulti of elections sball be published; - - - - - (e) the manner in which the order of retirement by rotattoa of the members of the bar council shall be determined; - - - - -  chapter iiiadmission and enrolment of advocates - - - - - 16 (1) senjorand (4) an advocate of the supreme court who was a senior advocate otherad-01 that court immediately before the appointed day shall, for the vocatu purposes of thi:s section, be deemed to be iii sandor 8dvocat~ 17 (1) - - - - - state bar councnato (3) entries in each part of the roll of advocates prepared and maintain maiidiained by a state bar council under this section shall be in roll of the order of seniority, and such seniority shall be detennined as advocates follows:-i (0) the seniority of an advocate referred to in clause (a) of su,b-section (1) shall be detennined in accordance with hia date of ellrolment\; under the indian bar councils act, 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 detennined in accordance with such principles as the bar council of india may specify; (c) notwithstanding anything contained in clause (a), the seniority of a vakil, pleader or an attorney who has enrolled u an advocate immediately before the appointed day, or who 11 enrolled 18 an advocate after that day, shall be determined in accordance with the date of his entry in the register of vakils, pleaders or attorneys, as the case may be; transfer of name from one state roll to another (d) the seniority of any other persoid who, on or after the appointed dey, is enrolled asa senior advocate or 11 admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be - - - - - 18 (1) notwithstanding anything contained in section 17, an~ 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, od receipt of any such application the bar cowlcil 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 meditioned state bar council and entered in the roll of the other state bar council and the state bar councils concerned shall comply with such direct jon - - - - - zoo (1) - - - - common roll of advocate • (3) entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows:-(a) the seniority of an advocate enrolled in a state roll shall be determined in accordance with his seniority in that roll; (b) the seniority of any person who was a senior advocate of the supreme court immediately 'before the appointed day and whose name is not entered m qdy state roll shall, for the purposes of the first part of the common roll, be determined in accordance with such principles as the bar council of india may specify in this behalf; (c) the seniority of any person who was an advocate (but not a senior advocate) of the supreme court immediately before the appointed day and whose name is not entered in any state roll shall, for the purposes of the second part of the common roll, be determined in accordance with the date of his enrolment 81 an advocate of the supreme court - - - - - cenulcate 22 there shall be issued a certificate of enrolment in the prellof enrol-\!ribed form to every person whose name is entered in any roll of ment advocates maintained under this act - - - - - if· (1) subject to the proviaioos of this act, and the rules made persons ther«mdel', a person shall be qualified to 'be admitted 81 an advocate who may on a state roll, if he fulfils the following conditions, namely: _ be admit-- - - - - ted as advocates on a state roll - (c) he has obtained a degree in law-- - - - (iii) after the 28th day of february, 1963, from any university ill the territory of india or elsewhere, if the dep-ee is recoantaed for the purpoees of this act by the bar council of india; or he is a barrister; (d) he has undergone a coune of training in law and pej6ed anexarnination after sueh training both of which shall be prescribed by the state bar coqneu: provided that this claule sball not apply tor-- (i) a barrister who bas nceived praotical training in en~dor - ponon who has obtained a d~sree in law from 4my untvenpty in india before the 28th day of february, 1963; - - - - (2) notwithstanding anything contained in sub-section (1), 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 hih court immediately before the llppointed day under any law then in force, may ,be admitted as an advocate on a swte roll if he-(_) 1mk4& an appliqation for $uch ent"olment in accordance with the provisions of this act, not later than two years £foro the appointed day; and  (b) fulflll the conditions  specified in clauses (a), (b), (e) and· (1), of sub-section (1) - - - - -  2ft (1) a state bar co':lilcil shall refer every application for disposal of ildmissipn as all advocate to its enrolment committee, and iuibtect to applicathe provisions of ~~iona (2) and (3), such c&mmittee shall tion~ f?r dispose of the appu~ation in the' preeeribed manner ~::siol' - - - - - advocate  - - z8 (1) - - - power k (z) in particular, and wi1hout prejudice to the generality of the make foregoing power such rules may provide fol'-rut(!f - - - - - 195 (b) l&--4 (b) a course of practical training in law and the examination to be passed after such training for admission as an advocate on the roll of the bar council; - - - - -  chapi'er v colmuct of advocatbs35 (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 punishment of advocates for misconduct (2) the disciplinary committee of a state bar council, if it does not summarily reject the complaint, 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-gel1eral of the state (3) the disciplinary committee of a state bar council after giving the advocate concerned and the advoeate-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 praotising in any court or !before any authority or person in india ·(5) where any notice is ~ to the advocate-general under sub-section (2), the advocate-general may appear hefore the disciplinary committee of the state bar council either in person or through any advocate appearing on his behalf - - - - -  37 (1) any person aggrieved by an order of the disciplinary committee of a state bar council made under"sub-section (3) of appeal to the bar council of india sectiolll 35, may, within sixty days of the date of the communication of the order to him, prefer an appeal to the bar council of india - - - - - 49 the bar council of india may make rules for discharging its general functions under this act, and, in particular, such rules may prea- power of cribethe bar coudcllof  india to (4) ,the manner m which the name of an advocate may be make rules prevented from being entered in more than one state roll - - - - - (i) general principles for guidance of state bar councils: provided that no rules made with reference to clause (e) shall have effect unless they have been approved by the central government - - - - - chapter vii  temporary and transitional provisions - • - •54 notwithstanding anything contained in this act, the term of term of office of the elected memlbers of the b8!l' council of india and a state office of bar council constituted for the first time shall be two years from members the date of the first meeting of the coun~il ~farftrst 55 notwithstanding anything contained in this act,-- - - - - council of india and state bar councils rights of certain existing legal practitioners not a1'lected is of 1879 (c) every muklhtar and revenue agent practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law; shall, notwithstanding the repeal by this act of the relevant provisions of the legal practitioners act, 1879, the bombay pleaders act, 1920, or oither law, continue to enjoy the same rights as respects practice in any court or revenue oftice or before any authority or 18 of 1879 bolnbay actxvn of 1920 " penon and be eubject to the djaciplinary ju~iqd of the same au~y wni~ he eqjoy9(i qir', , ta cne may,  to 1'1bje1l ~ ""'n 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 ~ if th~ bad not been r~led - - - - - special proyit1om duridi the transitional period 58 (1) - - - - - - (4) notwithstanding the repeal by sub-section (2) of section 50 18 of 1879 of the provisiolls of the legal pracutlollel"8 aot, 18'19 or of the bombay pleaders act, 1920, or of any other law relating to the admission bombay a( t and enrolment of legal practitioners, the provisions of the acts and xvii 01 law aforesaid and any rules made thereunder in so far as they relate 19200 to the iaiue and renewal of a certificate to a legal pracmtioner auth(> rising him to practise shall have effect until chapter :w cwnes jnto force an4, accordingly, every certiftcate issued oj' 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 or of the other law during the period beginninc with the 1st day of deetqjlntr, 1961 and ending with the date on which chapter iv comes into force, shall be deemed to have been validly islued or renewed - - - - -  loksabhaa bill further to amend the advocates act, 1961 (sian asoke k sen, minister of lafd) 