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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 78] N ew DELHI, MONDAY, DECEMBER 18, 1972/AGRAHAYANA 27, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following report of the Joint Committee of the Houses of Parlia- ment on the Bill further to amend the Advocates Act, 1961 was presented to the Rajya Sabha on the 18th December, 1972: —

COMPOSITION OF THE JOINT COMMITTEE

Shri Jaisukhlal Hathi—Chairman

Members

RAJYA SABHA

2. Shri C. D. Pande Shri Sasankasekhar Sanyal

3.

4, Shri M. Srinivasa Reddy

Shri Gulam Nabi Untoo

$5.

*6. Shri Mohammed Usman Arif Shri D. P. Singh

*The name of "Shri Mohamod Usman" has been changed to "Shri Mohammed Usman Arif" on his request.

** Appointed on 6-12-1971 in the vacancy caused by the death of Shri Surajmal Saha. Reappointed on 15-5-1972 on his re-election to the Rajya Sabha,

+Ceased to be a member of the Committee w.e.f, 10-11-72 consequent upon his retirement from the membership of the Rajya Sabha.

( 1737 )

8. Shri Thillai Villalan 9. Shri Pranab Kumar Mukherjee

10. Shri Nageshwar Prasad Shahi 11 Shri K. Chandrasekharan 12. Shri B. P. Nagaraja Murthy

L OK SABHA

13.

14.

15.

Shri Frank Anthony Shri T. Balakrishniah Shri Banamali Babu Shri R. D. Bhandare

16.

17.

18.

Shri Bashweshwar Nath Bhargava Shri B. K. Daschowdhury Shri P. K. Deo

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

19. 20. Shrimati Ganga Devi Shri C. D. Gautam Shri A. K. Gopalan Shri Annasaheb Gotkhinde Shri Mohammad Tahir Shri H. N. Mukerjee Shri Niti Raj Singh Chaudhury Shri Pravinsinh Solanki Shri K. Narayana Rao Shri A- K. Sen Shri S. A. Shamim Shri R. V. Bade Shri A- K. Kotrashatti Shri Nuggehalli Shivappa Shri S. S. Tewari Shri M. Deiveekan Shri H. R. Gokhale

36.

REPRESENTATIVES OF THE MINISTRY OF L AW AND JUSTICE

(1)

Shri P. B. Venkatasubramanian, Joint Secretary and Legal Adviser.

Shri P. L. Gupta, Additional Legislative Counsel.

(2)

Shri S. K. Bahadur, Deputy Legal Adviser.

(3)

SECRETARIAT

Shri M. S, Panigrahi, Deputy-Secretary.

(1)

Shri M. K. Jain, Deputy Secretary.

(2)

REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* further to amend the Advocates Act, 1961 was referred, as authorised by the Joint Committee, present, on its behalf the Report of the Committee, with the Bill, as amended by the Committee, annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 8th December, 1970,

3. The Motion for reference of the Bill to a Joint Committee of the Houses was moved by Shri Niti Raj Singh Chaudhury on the 26th May, 1971. The Motion was adopted by the House on the same day (Appendix I).

4. The Lok Sabha discussed, and concurred in, the Motion on the 22nd June, 1971 (Appendix II). The message from the Lok Sabha was reported to the Rajya Sabha on the 23rd June, 1971.

5. The Report of the Committee was to be presented to the House by the last day of the first week of the Seventy-eighth session of the Rajya Sabha. The Committee was, however, granted extension of time first up to the last day of the first week of the Eighty-first session and again up to the first day of the last week of the Eighty-second session of the Rajya Sabha

6. The Committee held 19 sittings in all. Of these 2 sittings (on 8th and 9th September 1972) were held at Allahabad, 1 sitting (on 11th Sep- tember 1972) at Patna, 3 sittings (on 13th, 14th and 15th September 1972) at Calcutta and 3 sittings (on 12th, 13th and 14th October, 1972) at Bombay, with the permission of the Chairman, Rajya Sabha, to hear oral evidence of witnesses. The rest of the sittings were held in the Parliament House. [For minutes of the sittings of the Committee see Appendix V.]

7. At its first sitting held on the 23rd July, 1971, the Committee decided that a Press Communique be issued inviting opinions from various individuals, associations and public bodies etc. interested in the subject matter of the Bill and advising them to send memoranda thereon to the Rajya Sabha Secretariat by the 3rd September, 1971, and that the following be approached for giving their views on the Bill namely: —

(i) The Bar Council of India and State Bar Councils; and the High Court Bar Associations;

(ii) Registrar of the Supreme Court; (iii) Registrars of the High Courts; (v) Attorney General of India and Solicitor General of India; (v) Advocates-General of the States; (vi) Law Faculties of all the Universities in the country; (vii) Indian Law Institute, New Delhi, (viii) State Governments;

•Published in the Gazette of India, Extraordinary, Part II, Section 2, dated the 8th December, 1970. n

The Committee further decided to call witnesses for giving oral evidence on the Bill and authorised the Chairman to decide, after examining all the memoranda, as to who might be invited for the purpose. The Chairman also requested members to suggest names of persons who might be invited for giving oral evidence before the Committee.

8. 65 memoranda containing the coments/suggestions and resolu- tions etc- on the subject matter of the Bill from individuals, jurists, organisations etc. were received by the Committee. (Appendix III).

9. The Committee heard the evidence tendered by 40 witnesses.

(Appendix IV).

10. The Committee decided that the evidence tendered before it should be laid on the Table of the Houses.

11. The Committee considered and adopted the Draft Report at its sitting held on the 12th December, 1972.

12. Before dealing with the various changes made by the Committee in the Bill, the Committee would like to highlight certain important matters mentioned below which have been urged by witnesses and others who submitted oral and written evidence before the Committee:--

(a) It was pointed out that the existence of the dual system on the original sides of the High Courts of Bombay and Calcutta under which a litigant has to engage not only a counsel but also a solicitor to instruct counsel (i.e. he cannot engage or brief a counsel directly) is expensive and causes hardship to the poor litigant particularly. The dual system militates against the basic idea of unification of the Bar in the country. It also creates a monopoly for a section of the Bar to practise in a particular court. The Committee strongly feels that the system should be abolished as early as possible. The Com- mittee could not, however, make any specific provision in that regard in the Bill as it felt that the matter should first be examined in all its aspects by the Government in consultation with the concerned Courts and others.

(b) The other matter relates to the legal aid for the weaker section of the society. The Committee feels that the Bill does not contain adequate provisions for giving legal aid to the weaker section of the society. In particular, it is considered that the legal aid fund to be constituted under clause 6(b) or clause 7(b) of the Bill would attract meagre finances with would be insufficient to render even the minimum quantum of legal aid to the weaker section of the society. The Committee has noted with satisfaction that the Government is aware of the com- plexity of the problem. The Committee has also taken note of the fact that the Government has constituted* an Expert Committee under the Chairmanship of Shri Justice Krishna Iyer, Member, Law Commission, to consider the question of

•Vide Ministry of Law and Justice (Department of Legal Affairs) Order No. F. 6(10)/72-J, dated the 27th October, 1972.

making available legal aid and advice to the weaker sections of the community, in all its aspects. The Committee hopes that the Government would at an early date formulate a com- prehensive legal aid programme and in order to implement the same bring forward necessary legislation-

(c) On the question of mode of address to the Judges in the Courts, almost all the witnesses who appeared before the Committee- were unanimous in their view that the present mode of addressing a judge as "My Lord" or "Your Lordship" is out- moded and should be changed. The Committee fully agrees with that view and hopes that appropriate action will be taken in the matter.

13. The Principal changes effected by the Committee in the Bill and the reasons therefor are set out in the succeeding paragraphs.

Clause 3

Original sub-paragraph (a) of paragraph (1) of the clause sought to modify the definition of the term "Advocate" so as to clarify that persons who were vakils or pleaders before the commencement of the Advocates Act, 1961 (hereinafter referred to as the principal Act) and were there- after enrolled as advocates were also entitled to be considered as advocates. The Committee, however, feels that the existing definition of the term "Advocate¹' as contained in the principal Act is wide and com- prehensive enough to cover vakils and pleaders who are otherwise eligible to be enrolled as advocates under the Act and as such no change is called for therein. The Committee has accordingly deleted sub- paragraph l(a) in the clause.

Clause 4

The changes made in sub-clause (b) are consequent upon the forma- tion of the new States of Nagaland, Maghalaya, Manipur and Tripura and the revival of the office of the Additional Solicitor-General of India by the Government.

Under the existing proviso to section 3(2) oi the principal Act, one- half of elected members of a State Bar Council are required to have at least ten years' practice as advocates. Original sub-clause (b) (iii) of the clause had sought to raise it to fifteen years. The Committee feels that the intention of having a more mature body of persons to the State Bar Councils could best be secured by leaving the Bar Councils to elect sufficient number of members possessing the necessary standing and experience. The Committee has, therefore, deleted sub-clause (b)(iii) to maintain the status quo in the matter.

Clause 6

The clause has been amended to secure the following objectives: —

(i) The functions of the State Bar Councils should be more broad- based and expanded to enable them to bring out law journals and similar publications.

(ii) The State Bar Councils may undertake weliare schemes for the benefit of disabled, indigent and other advocates.

(iii) The State Bar Councils may constitute legal aid funds for giving legal aid or advice to the weaker section of the society.

Necessary changes have accordingly been made in the clause.

Clause 7

The changes made in the clause which deals with the functions of the Bar Council of India are on the same lines as indicated under clause fi in relation to State Bar Councils.

Clause 9 (Original)

The original clause had proposed to etxend the term of office of mem- bers of the "State Bar Councils from the present four years to five years for members elected after the commencement of the Advocates (Amend- ment) Act, 1966, with a view to curtailing expenditure on elections. The Committee feels that a four year term is a reasonable one and should not be extended. In any case not much economy of expenditure is likely to be achieved by extending the term by a year. The Committee has, therefore, deleted the clause.

Clause 10 (Original)

The Committee has deleted the clause in view of its recommendation to retain the existing proviso to section 3(2) of the principal Act which requires that one half of the elected members of a State Bar Council should have at least ten years practice as advocates.

Clause 9 (Original Clause 11)

As will be explained in detail under clause 14, the Committee is of the opinion that it is. not necessary to make it obligatory upon the Bar Councils to constitute legal aid committees or provide for the details of number of members, their qualifications, etc. in the clause. But at the same time, the Bar Councils have been empowered, although on a voluntary basis, to discharge the function of rendering legal aid to the weaker section of the society. The clause has been redrafted so as to make it simpler and more general as regards composition etc. of the legal and committee.

Clause 14 (Original)

This clause had sought to cast a statutory obligation on Bar Councils to make schemes for legal aid to the weaker section of the society, and had also provided some salient features of such a scheme. There was consensus amongst the members of the Committee as well as eminent jurists who appeared before the Committee that statutory provisions should be made for rendering legal aid to the weaker section of the society and the provisions sought to be made under the clause were in the right direction. It was, however, felt, firstly, that rendering legal aid should be the obligation of the State and not the Bar Councils in view of the latter is meagre and limited financial and other resources. Secondly, while the Bar Councils might be entrusted with the adminis- tration of such schemes, the statute itself, it was felt, should lay down broad features and general guide-lines about the scheme. Lastly, instead of the Advocates Act which deals with legal practitioners, separate com- prehensive legislation should be brought on the subject. The Committee,

after giving a very careful consideration to all aspects of the matter, feels that Government should bring fourth such as enactment regulating all aspects of legal aid to the weaker section of the society. The Com- mittee, therefore, after taking note of the fact that Government is •engaged in working out such a scheme, has deleted the clause.

Clause 12 (Original Clause 15)

The changes made in the clause are intended to enable the Bar Council to frame rules for the purpose of giving financial assistance to indigent, disabled or other advocates and to organise legal aid and advice to the weaker section of the society. The changes made in the clause are of a consequential nature.

Clause 17 (Original Clause 20)

The clause, inter alia had sought to insert a new sub-section in section 22 of the principal Act in order to make the entry of a new advocate known and more dignified. The Committee feels that the innovation of introducing the new entrants to the Chief Justice of the High Court sought to be inrtoduced, in unnecessary, uncalled for and may also involve inconvenience to persons concerned. The Committee has, there- fore, deleted that provision.

The new sub-section (2) which replaces the above provision is intended to cast an obligation on an enrolled person to notify any changes in the place of his permanent residence to the concerned Bar Council within a specified time, so that the roll is kept uptodate in all respects.

Clause 21 (Original)

In view of the revival of the office of the Additional Solicitor-General of India, the provision contained in section 23(3) of the principal Act (regulating right of pre-audience to the Additional Solicitor-General of India) has been retained and the original clause which had proposed to omit a reference to that office has been deleted,

Clause 18 (Original Clause 22)

The Committee has made the following changes in the clause: —

(i) The enrolment fee has been reduced to Rs. 250, as Rs. 350 originally proposed in the clause appears to be excessive. Incidentally, this restores the status quo in the matter.

(II) In the case of persons who belong to Scheduled Castes or Scheduled Tribes, provision has been made to allow a con- cession of fifty per cent in the matter of payment of enrolment fee subject to the production of proof that the applicant belongs to that category.

(iii) A facility has been provided for enrolment as advocates to persons who were practising the profession of law under any law or who could not enrol themselves due to their employ- ment In public service before the 1st December, 1961, the date on which the enrolment provisions of the principal Act had commenced.

Clause 19 (New)

The Committee feels that persons who have been convicted of offences involving moral turpitude or of offences under the provisions of the Untouchability (Offences) Act, 1955 should not be admitted as advocates or enrolled on .the State rolls except where they have been given the benefit of the provisions of the Probation of Offenders Act, 1958. But in order that the bar against such enrolment should not be permanent, the Committee has provided a time-limit of two years from the date of termination of the term of sentence, after which only he may be admitted as advocate. The new clause has been inserted accordingly.

Clause 25 (Original Clause 28)

The Committee feels that the Disciplinary Committee of the Bar Council of India should have power to withdraw any proceedings pend- ing before the State Bar Council's Disciplinary Committee not only sun motu but also on the report of the State Bar Council or on an application by any interested person. Sub-clause (1) of the original clause has, accordingly, been amended.

The other amendment in 'sub-clause (c) is of a clarificatory nature.

Clause 26 (Original Clause 29)

The Committee feels that the provision for reopening or rehearing of proceedings pending before a Disciplinary Committee of a State Bar Council which is reconstituted subsequently, will unnecessarily prolong and delay the proceedings and accumulate the work of disciplinary com- mittees. The Committee has, therefore, deleted the proviso of the new section 36A proposed to be inserted in the principal Act.

The Committee has also added a new section 36B with a view to expediting the disposal of disciplinary proceedings- by the disciplinary committees of the State Bar Councils by providing that such proceedings shall be disposed within one year from the date of complaint or initiation thereof, failing which the proceedings shall stand transferred to the Bat- Council of India for disposal.

Clause 27 (Original Clause 30)

Under section 37 of the principal Act an appeal lies to the Bar Council of India from an order of the Disciplinary Committee of a State Bar Council regarding the conduct of an advocate. The original clause had proposed that an appeal from the decision of the State Bar Council should lie to the High Court of the state concerned. The volume of evidence placed before the Committee, however, is not a favour of this change of forum for appeal. Apart from the fact that it will unnecessarily increase the work of High Courts, it will also impinge upon the auto- nomous character of Bar Councils envisaged in the Act. Being a disciplinary matter it will be better if it is left to be decided by elected representatives of the profession The Committee has, therefore, retained the existing provision contained in the principal Act.

The Committee also feels that the Advocate General of a State should also have a right to appeal against an order of the Disciplinary Com- mittee of a State Bar Council in the matter of professional misconduct

of an advocate. Necessary change has, therefore, been made in sub- section (1) of section 37 of the principal Act.

The other changes made in the clause are of a clariflcatory and consequential nature.

Clause 28 (Original Clause 31)

The Committee feels that besides the aggrieved person, the Attorney- General of India or the Advocate General of the State concerned, as the case may be, should also have a right to appeal to the Surpreme Court against an order of the Disciplinary Committee of the Bar Council of India in the matter of professional misconduct of an advocate. The clause has beeri amended accordingly.

Clause SO (Original Clause 33)

The amendment made in the clause is consequential upon the proposal of the Committee to retain the appellate jurisdiction of the Disciplinary Committee of the Bar Council of India, instead of transferring the same to the High Courts of the States, in the matter of professional misconduct of an advocate.

Clause 32 (Original Clause 35)

The proposed new sub-section (5) of section 42 of the principal Act is intended to avoid a deadlock in the proceedings of the Disciplinary Committee of a Bar Council.

Clause 34 (Original Clause 37)

Tketommittee is of the opinion that a time-limit of sixty days should be prescribed within which the Disciplinary Committee of a Bar Council may, if it so chooses, review its order. The other change, namely the retention of the existing proviso to section 44 of the principal Act, is consequential upon the Committee's proposal to retain the appellate juris- diction of the Bar Council of India.

Clause 38 (Original)

The clause has been deleted in view of the Committee's proposal to omit from the Bill provisions for increase of Rs. 100 in the enrolment fee of an advocate and for credit thereof to the Legal Aid Fund.

Clause 41 (Original)

The deletion of the clause is consequential upon the proposal of the Committee not to transfer the appellate jurisdiction of the Bar Council of India to the High Court in matters of disciplinary proceedings.

Clause 37 (Original Clause 42)

The change made in the clause is on the same lines as that made in clause 34 supra.

Clause 38 (Original Clause 43)

The Committee is of the opinion that there should be a uniform practice with regard to the form of dresses or robes for use by the advocates all over the country and that the Bar Council of India should be empowered to prescribe the same with the approval of the Chief Justice of India, having regard to the climatic conditions of the various regions. Suitable provision has, accordingly, been inserted in the clause.

Clause 39 (Original 44)

The Committee is of the opinion that for the sake of uniformity in the matter of making rules under the principal Act the power to frame rules should continue to vest in the Central Government. The original pro- vision of the clause has, therefore, been deleted. Opportunity has also been taken to incorporate the revised "laying of rules formula" in sub- section (5) of section 49A of the Act.

The other changes made in the Bill are of a consequential or drafting nature.

14. The Committee recommends that the Bill, as amended, be passed.

JAISUKHLAL HATHI,

NEW DELHI;

Chairman of the Joint Committee.

December 12, 1972.

MINUTES OF DISSENT

The Bill, as finally shaped, is a disappointment.

I

To start with, it aimed at comprehensive provisions for legal aid to the poor.

Incidentally aid to Impecunious and disabled lawyers; provisions for retired lawyers also came up.

The evidence recorded will show that eminent jurists who were examined by the Joint Select Committee, gave very valuable opinions in answer to written and oral interrogations, on this exacting subject.

The Chairman of the Committee made incisive probe in this behalf. At the early and middle stages of the Select Committee enquiry Govern- ment gave a clear indication of their mind that the scope of the Bill would be suitably enlarged in this behalf.

It was almost an agreed position that a separate Chapter would be inserted in the Bill with a view to going a long way, if not the whole length, giving a start to matter of legal aid to the poor.

Delhi, Allahabad, Patna, Calcutta, Bombay had lengthy and earnest sittings—.and very costly too—in which various High Court jurists eminent lawyers, representatives of Bar Councils, deputationists from various Law Societies and Institutions, Officers from various Law depart- ments of Governments and all sorts of Law Reports were warmly and respectfully examined from all points of view, critically posed.

'There was almost a rare unanimity that legal aid to the poor and incidentally other aids must be pushed forth with. It was thought that things had already been delayed in an unseemly manner, and any further halt would be indecent.

Suddenly, however, during Bombay sittings Government made a volte face in the matter and gave out that a separate bill would be brought hereafter in this behalf. The next sitting in Madras—the last of scheduled outstation sittings—was unceremonially cancelled.

Minus the legal aid matter other provisions of the Bill are of com- perative insignificance.

These are more or less cutting the t's and dotting the i's.

Hence, this dissent.

A. K. GOPALAN.

SASANKASEKHAR SANYAL.

II

I fear I should add a separate note to the report of the Joint Committee.

It is a matter of regret that inspite of the length of time over which the Committee have had to spread out its work and also the valuable evidence adduced before it, the subject of legal aid for the poor could not be provided for. An expert Committee is now seized of the problem. I wish this time—consuming process could be avoided and legislation expeditiously prepared by the Joint Committee itself.

I am sorry also that the Joint Committee has not been able to make any specific provision about the so-called 'dual system' obtaining in the Original Side of the Calcutta and Bombay High Courts in spite of its strong feeling that the system should be abolished as early as possible. A recent book, "Studies in Judicial History of British India", by a Calcutta advocate, Bhawani Shankar Chowdhury (Eastern Law House, Calcutta, 1972) has stressed strongly -that the 'Original Side' was a pro- duct of racial discrimination in British justice deliberately practised in this country and militates against the principle of equality before the law. Having myself been called to the Bar by the Honourable Society of Lincoln's Inn in 1934, I have chafed at and resented the quasi-aparthetd practices, which still continue to some extent as between Indian-qualified advocates and barristers who boast of being "members of the English Bar". The Joint Committee feels strongly on this subject, but it is regretted that it leaves the matter to be further examined by Govern- ment.

A unifid, non-discriminating Indian Bar is the objective before the country. Reform of the law, in conformity with the changing socio- economic context and not merely in form, and legal education of a type different from formerly, are urgently needed. The country's attention requires to be immediately turned in this direction.

H. N. MUKERJEE.

III

After considering the majority report, I am unable to agree with the Hon. members of the Committee on the following clauses: —

Clause 3 (f) and CLaume 18

The above Clauses are meant to acolish the Common Roll. This would be against the objects of the enrolment ol the advocates, because the Act has been enacted to have all India Unified Bar and the Common Roll will help in the maintenance as such. The above provisions meant to delete the Section, which are meant for the preparation of Common Roll. I am not in favour of deleting the provisions of Common Roll, i am fortified by the experts, like the Law Commission of India. In their Report XIV, Volume—I at Para 559 the Commission has suggested that this is important function of the AH India Bar Council. The very object of unification of Bar will evaporate and an advocate will not consider himself to be member of the family of the Bar of India. To have a statewise Roll will create according to the Law Commission, a feeling of provincialism and disintegration. Therefore, I strongly object to the deletion of the original Section mentioned in the above Clauses.

Clause 12

This Clause is regarding Section 10A of the original Act. In the state- ment of objects and reasons at page 21 of the Advocates (Amendment) Bill it is stated that by enacting Section. 10A (1, 2 and 3) avoidable expenditure would be cut down. This is a mistaken view. Members of the Bar Council of India belong to different parts of the country. If a meeting is held at Delhi, then it is convenient for those members who are near Delhi. Likewise, if a meeting is held in those cities, which are on southern side of India, then it is convenient and less expensive for the members, who are in the vicinity of those places. In practical working, according to one witness, it has also been found that the holding of the meetings of the Bar Council or their committees occasionally at different places is also conducive to an efficient working. The idea underlying the section that the Bar Council have been extravagant by holding meet- ings outside the headquarters is not supported by facts.

No such restriction is placed on the powers of the Medical Council of India or other statutory bodies. On the other hand, it has been men- tioned in Section 8 of the Indian Medical Council Act that the council shall meet at such time and place as may be appointed by the Council.

Another advantage in going out of the headquarters is that the members of the Council come in contact with local lawyers which is conducive to the unification of Bar and which is one of the main objec- tives of the Advocates Act. Similarly, the meeting of State Bar Council should not be restricted to the headquarters of the State Bar Council. But such meetings may be held at the seat of the permanent Benches of the High Court as the State Bar Council is constituted mostly of the members residing at various seats of the Benches. Therefore, the State Bar Council and its committees shall meet at its headquarters or at the seat of the permanent Benches of the High Court or at any convenient place, which they think fit.

Clause 35

In Clause 35, which seeks to amend Section 46, I want the Section 46 of the original Act needs revision. The continuation of the present percentage as the share of the Bar Council of India in the enrolment fees received by the State Bar Council is highly unjust as its functions are being reduced by this new amendment Bill. Therefore, the share of the Bar Council of India in the enrolment fees received by the State Bar Council is halved or considerably reduced.

Especially keeping in view the recommendations of the Law Commis- sion contained in its 14th Report, wherein it is stated that the contribu- tion may be revised or reconsidered after the end of five years. But now ten years have elapsed since the 1961 Act came into force. Therefore the percentage should be reconsidered.

R. V. BADE.

BILL NO. XL OF 1970

(AS REPORTED BY THE JOINT COMMITTEE)

[Words side-lined or underlined indicate the amendments suggested by

the Committee; asterisks indicate omissions.']

A Bill further to amend the Advocates Act, 1961.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows:— " ™ " ——

1. (1) This Act may be called the Advocates (Amendment) Act, 1972.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Short title and com- mence, ment.

25 of 1961.

2. In section 1 of the Advocates Act, 1961 (hereinafter referred to as the principal Act),—

Amend,

ment of

Mction 1

(a) for sub-section (2), the following sub-section shall be sub- stituted, namely: —

" (2) It extends to the whole of India.";

(b) in sub-section (3), for the words "shall come into force", tha words, brackets and figure "shall, in relation to the territories other than those referred to in sub section (4), come into force" shall be iubstituted;

(c) after sub-section (3), the following sub-section shall be in- serted, namely: —

"(4) This Act shall, in relation to the State of Jammu and Kashmir and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act".

3. Section 2 of the principal Act shall be re-numbered as sub-section (7) of that section, and

Amend- ment of section 2.

(1) in sub-section (1) as so re-numbered,—

* * * * *

(a) clause (f) shall be omitted;

(b) in clause (g),—

(i) after the words, brackets and figure "except in sub- section (1)", the words, brackets, figure and letter "and sub- section (1A)" shall be inserted;

(ii) in sub-clause (ii), for the words "the High Court of Punjab", the words "the High Court of Delhi" shall be substituted;

(2) after sub-section (I) as so re-numbered, the following sub- section shall be inserted, namely: —

"(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or in the Union territory of Goa, Daman and Diu, shall, in relation to that State or that territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.".

4. In section 3 of the principal Act,—

(a) in sub-section (1),—

Amend- ment of section 3.

(i) In clause (a), after the word "Gujarat,", the word*, "Jammu and Kashmir," shall be inserted;

(ii) in clause (ccc), for the words "the Union territory of Dadra and Nagar Haveli,", the words "the Union territories of Dadra and Nagar Haveli and Gon, Daman and Diu," shall be substituted;

(b) in sub-section (2),—

(i) in clause (a), after the words "the Additional Solicitor- General of India, ex-officio;", the words "in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tri- pura, the Advocate-General of each of the States of Assam, Mani- pur, Meghalaya, Nagaland and Tripura, ex-offlcio; in the case of the State Bar Council of Punjab and Haryana, the Advocate- General of each of the States of Punjab and Haryana, ex-oflicio;" shall be inserted;

(H) for clause (b), the following clause shall be substituted, namely: —

"(b) in the case of a State Bar Council with an elertc~ rate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected In accordance with the system of proportional representation by means of the single transferable vote from amongst ad- vocates on the electoral roll of the State Bar Council:";

• * * * *

(c) after sub-section (5), the following sub-section shall be in- serted, namely: —

"(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Coun- cil as constituted immediately before the cornmencemnt of the Advocates (Amendment) Act, 1972, until that State Bar Council Is reconstituted in accordance with tho provisions of this Act.".

5. In section 4 of the principal Act,—

Amend- ment of section 4.

(a) after sub-section (1), the following sub-section shall be in- serted, namely: —

"(1A) No person shall be eligible¹ for bring elected as a mem- ber of the Bar Council of India unless ho possesses the qualifi- cations specified in the proviso to sub-section (2) of section 3.";

(b) in clause (i) of sub-section (3), after the words "his elec- tion", the words "or till he ceases to be a member of the State Bar Council, whichever js earlier" shall be inserted.

G. In section 6 of the principal Act,—

Amend- ment of section 6.

(a) In sub-section (1), after clause (e), the following clauses shall be inserted, namely: —

" (ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal in- terest;

(eee) to organise legal aid to the poor in the prescribed

manner;";

(b) for sub-section (2), the following sub-sections shall be sub- stituted, namely.—

"(2) A State- Bar Council may constitute one or more funds in the prescribed manner for the purpose of—

(a) giving financial assistance to organise welfare sche- mes for the indigent, disabled or other advocates;

(b) giving legal aid or advice in accordance with +he rules made in this behalf.

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.".

7. Section 7 of the principal Act shall be re-numbered as sub-section Amend- ment of

(1) of that section, and

section 7.

(a) in sub-section (I) as so re-numbered,—

(i) clause (a) shall be omitted;

(ii) after clause (i), the following clauses shall be inserted, namely: —

"(ia) to conduct seminars and organise talks on legal topics by eminent jurists;

(ib) to organise legal aid to the poor in the prescribed

manner;

(ic) to recognise on a reciprocal basis foreign qualifica- tions in law obtained outside India for the purpose of admis- sion as an advocate under this Act;";

(b) after sub-section (1) as so re-numbered, the following sub- sections shall be inserted, namely: —

"(2) The Bar Council of India may constitute one or more funda in the prescribed manner for the purpose of—

(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf.

(3) The Bar Council of India may receive any grants, dona- tions, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.",

8. After section 7 of the principal Act, the following section shall be inserted, namely: —

Inser- tion of new sec- tion 7A.

Member- ship in Interna- tional bodies.

"7A. The Bar Council of India may become a member of inter- national legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar.",

* t • * *

9. After section 9 of the principal Act, the following section shall be

inserted, namely: —

Insertion of new section 9A. v Constitu- "9A. (I) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed.

tion of legal aid com- mittees.

(2) The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed.".

10. Section 10A of the principal Act shall be re-numbered as section

10B and before section 10B as so re-numbered, the following section shall be inserted, namely; —

"10A. (I) The Bar Council of India shall meet at New Delhi.

(2) A State Bar Council shall meet at its headquarters.

(3) The Committees other than disciplinary committees consti- tuted by the Bar Councils shall meet at the headquarters of the res- pective Bar Councils.

Insertion of new section 10A. Trana- action of business by Bar Councils and com- mittees thereof.

(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure In regard to the transaction of business at their meetings as may be prescribed.

(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.".

11. In section 12 of the principal Act, for sub-section (3), the follow-

ing sub-sections shall be substituted, namely: —

Amend- ment of section IX " (3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts to- gether with a copy of the report of the auditors thereon to the Bar Co,uncil of India and sha •* cause the same to be published in the Official Gazette.

(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India.".

* * * **

12. In section 15 of the principal Act, in sub-section (2),—

Amend- t ment of section 19.

' (a) for clause (o), the following clause shall be substituted, J namely: —

" (a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exer- cise the right to vote by postal ballot, the preparation and revi- sion of electoral rolls and the manner in which the results oj election shall be published;";

ft) clause (b) shall be omitted;

(c) after clause (g), the following clauses shall be inserted, na-

mely. —

"(ga) the constitution of one or more funds by a Bar Coun- cil for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub- section (2) of section 7;

(gb) organisation of legal aid and advice to the poor, con- stitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;";

(d) in clause (h), the words "the times and places where such

meetings are to be held" shall be omitted.

Amend- ment of section 16.

13. In section 16 of the principal Act, in sub-section (2), for the words "experience and standing at the Bar", the words "standing at the Bar or special knowledge or experience in law" shall be substituted.

14. In section 17 of the principal Act,—

Amend- ment of section 17.

(a) in clause (a) of sub-section (J), for the words "and who, within the prescribed time", the words, figures and letters "including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as denned in the Goivernmcnt of India Act, 1935, and who at any time" shall be sub- stituted;

(b) in sub-section (3), clause (c) shall be omitted.

15. For section 20 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 20.

Special provision for en- rolment of certain Supreme Court advo- cates.

"20. (1) Notwithstanding anything contained in this Chapter, every advocate who was entitled as of right to practise in the Sup- reme Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the name of such advocate shall, without payment of any fet\ be entered in the roll of that State Bar Council, and the State Bar Council concerned shall comply with such direction.

(2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of sub-section (3) of section 17.

(3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.".

lfl. In section 21 of the principal Act, for sub-section (2), the follow-

ing sub-section shall be substituted, namely: —

Amend- ment of section 21,

" (2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall he referred to the State Bar Council concerned for decision.".

17. For section 22 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 22.

Certificate of en- rolment.

"22. (1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it under this Act.

notify any change in the place of his permanent residence to the State Bar Council concerned within ninety days of such change.".

• # * * *

1 (²) Every person whose name is so entered in the State roll shall

18. In section 24 o,f the principal Act,—

Amend- ment of section 24.

(a) in sub-section (1),—

(i) in clause (c),— '

(i) in sub-clause (i), for the figures, letters and words "23th day of February, 1963", the figures, letters and words "12th day of March, 1967'' shall be substituted;

(II) for sub-clause (in), the following sub-clause shall be substituted, namely: —

"(Hi) after the 12th day of March, 1967, after under- going a three-year course of study in law from any University in India which is recognised for the purposes of this Act by the Bar Council qf India; or";

(III) for the words "he is a barrister", the following shall be substituted, namely: —

"he is a barrister and is called to the Bar on or before the 31 st day of December, 1973; or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the; purpose of admission as an advocate under this Act";

(ii) clause (d) shall bo omitted;

(Hi) for clause (/), the following clause shall be substituted, namely: —

2 of 1399.

"(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899, and an enrolment fee payable to the State Bar Council of two hundred and fifty rupees:

I Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a

certificate to that effect from such authority as may be pres- cribed, the enrolment lee payable by him to the State Bar Council shall be one hundred and twenty-five rupees.";

(I)) in sub-section (3),—

(i) after clause (a), the following clause shall be inserted,

namely: —

"(aa) before the 1st day of December, 19-61, was entitled otherwise than as an advocate to practise the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who wuuld have been so entitled had he not been in public service on the said date; or";

(ii) clause (b) shall be omitted.

19. After section 24 of the principal Act, the following section shall be

inserted, namely: —

Inser- tion of new sec- tion 24A.

"24A. (1) No person shall be admitted as an advocate on a State

roll—

Disquali- fication for enrol- ment.

(a) if he is convicted of an offence involving moral turpitude

and sentenced to imprisonment;

22 of 1935.

(b) if he is convicted of an Oiffence under the provisions of the Untouchability (Offences) Act, 1955 and sentenced to Im- prisonment:

Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release.

(2) Nothing contained in sub-sectiop (2) shall apply to a parson who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958.".

20 of 1958.

20. For section 26A of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 26A.

"26A. A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.".

Power to remove names from roll.

21. In section 28 of the principal Act, in sub-section (2),—

^" (a) for clause (a), the following clause shall be substituted,

Amend, ment of section 28.

namely: —

" (a) the time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a State Bar Council under section 20;";

(b) clause (b) shall be omitted.

22. In section 30 of the principal Act, for the words "common roll",

the™ords "State roll" shall be substituted.

Amend- ment of section 30.

2:i. In section 31 of the principal Act, after sub-section (1), the follow-

ing sub-section shall be inserted, namely: —

Amend- ment of section 34.

" ( M) The High Court shall make rules for fixing and regulating by taxation or othcrwi.se the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.".

24. In section 35 of the principal Act,—

Amend- ment of section 35.

(a) after sub-section (I), the following sub-section shall be

inserted, namely: —

"(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the Inquiry to be made by any other disciplinary committee of that State Bar Council.";

(b) in sub-section (2), the words ", if it does not summarily

reject the complaint," shall be omitted;

(c) in the Explanation, after the words "In this section", the

words and figures "section 37 and section 38" shall be inserted.

|

25. In section 36 of the principal Act,—

Amend- ment of section 36.

(a) in sub-section (1), the words "on the common roll" shall be

omitted;

(b) in sub-section (2), for the words "of its own motion", the words "either of its own motion or on a report by any State Bar Council or on an application made to it by any person interested" shall be substituted;

(c) in sub-section (4), for the words "before the Bar Council of India", the words "before the disciplinary committee of the Bar Council of India" shall be substituted.

26. After section 36 of the principal Act, the following sections shall

be inserted, namely: —

Insertion of new section 36A.

Changes in consti- tution of discipli- nary com- mittees.

i "36A. Whenever in respect of any proceeding under section 35 or" section 36, a disciplinary committee 01 the State Bar Council or a' disciplinary committee of the Bar Council of India ceases to exercise jurisdiction and is succeeded by another committee which has and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council of India, as the case may be, so succeeding may continue the proceedings from the stage at which the proceedings were so left by its predecessor committee.

* * * * *

36B. The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one vear from the date of the receipt of the complaint o r t he date

Disposal of disci- plinary proceed- ings.

of initiation of the proceedings at the instance of the State Bar Coun- cil, as the case may be, failing which such proceedings shall stand- transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub- section (2) of section 36.".

27. In section 37 of the principal Act,—

Amend- ment of section 37,

(a) in, sub-section (1), after the words and figures "under sec- tion 35", the words "or the Advocate-General of the State" shall be inserted;

(b) in sub-section (2),—

(i) after the words "such order", the brackets and words "(including an order varying the punishment awarded by the disciplinary committee of the State Bar Council)" shall be In- serted;

(ii) the following proviso shall be inserted at the end, namely: —

"Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.".

28. In section 38 of the principal Act,—

Amend- ment of section 3B.

(a) after the words and figures "or section 37", the words "or I the Attorney-General of India or the Advocate-General of the State I I concerned, as the case may be," shall be inserted;

(b) after the words "such order", the brackets and words "(in- cluding an order varying the punishment awarded by the disciplinary committee of the Bar Council of India)" shall be inserted;

(c) the following proviso shall be inserted at the end, namely: —

"Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.".

29. For section 39 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion lor section 39.

36 of 1963.

"39. The provision of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under section 37 and section 38.".

Applica- tion of sections 5 and 12 of Limita- tion Att, 1963.

Amend- ment of section 40.

(1) of that section, and alter sub-suction (1) as so re-numbered, the following sub-section shall be irsorted, namely: —

I 'M. Section ⁴⁰ uf lib. pniidp <¹ \cL LJ'MII he renumbered as sub-section "(2) WhtM;.' an application is made for stay of the order before the- expiration of tli'j time allowed for appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Count-:], or the disciplinary mmmittee of the Bar Council of India, a;; the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.".

31. In r.cction 41 of the principal Act,—

(n) in sub-section (1),—

Amend- ment of section 41.

(i) clause (") shall bo omitted; and

(ii) tho words "or the common roll, as the case may be" shall be omitted;

(b) sub-section (2) shall be omitted.

32. In section 42 of the principal Act, after sub-section (3), the follow-

ing sub-sections shall be inserted, namely: —

Amend- ment of section 42.

" (4) Notwithstanding the absence of the Chairman or any mem- ber of a disciplinary committee on a date fixed for the hearing of a case before it, the disciplinary committee may, if It so thinks fit, hold. or continue the proceedings on the date so fixed and no such pro- ceedings and no order made by the disciplinary committee in any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on any such date:

Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in any proceeding unless the Chairman and oiher members of the disciplinary committee are present.

(5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made in any proceedings in accordance with the opinion of the Chairman and the members of a disciplinary com- mittee either for want of majority opinion amongst themselves or otherwise, the '.-sse, with their opinion thereon, shall be laid before the Chairman of tho Bar Council concerned or if the Chairman of the Bar Council is acting as the Chairman or a member of the dis- ciplinary committee, before ihv Vice-Chairman of the Bar Council, and the said Chairman

33. After section 42 of tho principal Act, the following section shall

be inserted, namely: —

[naertion of new section 42A.

"42A. The nmyin'.ons of section 42 whaH, so far as may be, apply Powers of Bar Coun- cil of Indiu and other commit- tees.

in relation to the Bar Council of J:id"a, the enrolment committee, the election committee, f\\r legal aid committee, or any other committee of a Bar Conned w they apply in relation to the disciplinary rom- mittce of a Bar Council.".

Amend- ment of section 44.

34. In section 44 of the principal Act, after the words "review any I order", the words "within sixty clays of the date of that order," shall be I I inserted.

* * * * +

35. After section 46 of the principal Act, the following section shall bf

inserted, namely: —

Insertion of new section 46A.

"46A. The Bar Council of India may, if it is satisfied that any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such financial assistance as it deems fit to that Bar Council by way of grant or otherwise.".

Financial assistance to State Bar Coun- cil.

36. In section 48 of the principal Act, after the words "a member of a

Bar Council", the words "or any committee thereof" shall be inserted.

Amend- ment of section 48.

+ * * # •

37. After section 48A of the principal Act, the following section shall

be inserted, namely: —

Insertion of new section 48AA,

Review.

"48AA. The Bar Council of India or any of its committees, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed I I by it under this Act.".

38. Section 49 of the principal Act shall be re-numbered as sub-section

(1) of that section, and

(a) in sub-section (1) as so re-numbered,—

Amend- ment of section 49.

(1) for clause (af), the following clause shall be substituted,

namely:—

"(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;";

(2) after clause (gf), the following clause shall be inserted,

namely: —

"(99) the form of dresses or robes to be worn by advo- I cates, having regard to the climatic conditions, appearing be- I • fore any court or tribunal;";

(3) in the existing proviso,—

further that" shall be substituted,

(i) for the words "Provided that", the words "Provided . I

(ii) before the proviso as so amended, the following I

proviso shall be inserted, namely:—•

"Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they

have been approved by the Chief Justice of India:";

(b) after sub-section (1) as so re-numbered, the following sub-

section shall be inserted, namely: —

" (2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section * * * and in force immediately

before the commencement of the Advocates (Amendment) Act 1972, shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.".

.'19. "In section 49A of the principal Act, lor sub-section (5), the follow-

ing sub-section shall bo substituted, namely: —

Amende merit of section 49A, " (5) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it i3 in session, for a total period of thirty days which may be com- prised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

• '.I. After section 58AB of the principal Act, the following sections

s'u:u[ be inserted, namely: —

Insertion of new- sections 58AC, 58AD and 58AE.

lUof l"79.

Special provi- sions with res- pect to certain persons migrat- ing to India.

"13UAC. Notwithstanding the repeal by this Act of the provisions ol the Legal Practitioners Act, 1879, or of any other law relating to the admission and enrolment of legal practitioners (hereafter in this section referred to as such Act or law), every person who migrates to the territory oJ! India from any area which, before the 15th day of August, 1947, was comprised within India as denned in the Gov- ernment of India Act, 1935, and who has, before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force therein, may be admitted and enrolled under the rele- vant provisions of such Act or law as a pleader, mukhtar or, aa the case may be, revenue agent, if he—

(a) makes an application for the purpose to the appropriate

authority under such Act or law; and

(b) is a citizen of India and fulfils other conditions, if any, specified in this behalf by the appropriate authority aforesaid,

and notwithstanding the repeal by this Act of the relevant provisions of such A.'.-t or law, every pleader, mukhtar or revenue agent so en- rolled shall have the same rights as respects practice in any court or revenue olfico or before any other authority or person and be sub- ject to the disciplinary jurisdiction of the same authority to which he would be subject under the relevant provisions of such Act or law as if they had not been repealed and accordingly, those provisions shall have effect in relation to such persons.

Special provi- sions in relation to the Union territory of Goa, Daman and Diu

38 of 1926.

'otiAD. (i; INowithstanding unyimny contained ia tliis Act, all persons who, immediately before the date on which the provisions of Chapter i ll are brought into force in Lhe Union territory of Goa, Daman and Diu, were entitled lo practise the pioiession of law (whether by way of pleading or acting or both; under any law in iorce m the saiu Union territory or who would have been so eniitied had they not been in public service on the said date, shall, lor the purpose oi clause (a) of sub-section (1) of section 17, be deemed to, be persons who were enLered as advocates on the roll 01 a High Court under the Indian Bar Councils Act, fy^o, and every such per- son may, on an application made in this behalf within such time as may be specified by the Bar Council oi Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory:

Provided that the provisions of this sub-section shall not apply to any person who, on the date of the application aforesaid, was not a citizen of India.

(2) Notwithstanding anything LonLuned in this Act, every per- son who, immediately before the date on which the provisions of Chapter IV are brought into force in the Union territory of Goa, Daman and Diu, was practising the profession of law (whether by way of pleading or acting ur both or in any other way) by virtue of the provisions of any law in force in the said Union territory, or who does not elect to be or is not qualified to be enrolled as an advocate under sub-section (1>, shaa, notwithstanding the repeal by this Act of the relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or be- fore any other authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been re- pealed.

(3) On the date on which this Act or any part thereof comes into force in the Union territory of Goa, Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed.

Special provi- sions in relation to Jammu and Kashmir.

38 of 1926.

58AE. (1) Notwithstanding anything contained in this Act, all advocates who, immediately before the date on which the provisions of Chapter III are brought into force in the State of Jammu and Kashmir, were entitled to practise in the High Court of that State, or who would have been so entitled had they nO|t been in public service on the said date, .shall, for the purpose of clause (a) of sub- section (I) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Coun- cils Act, 1926, and every puch person may, on an application made in this behalf within such time as may be specified by the Bar Council of India, be admitted as an advocate on the State roll main- tained in respect of the said State.

(2) Notwithstanding anything contained in this Act, every per- son who, immediately before the date on which the provisions of Chapter 111 are brought into force in the State of Jammu and Kash- mir, was entitled otherwise than as an advocate to practise the pro- fession of law (whuLhor by way oi pleadmg ur acting or both) by virtue of the provisions of any law in force in the said State, or who would have been so entitled had he not been in public service on the said date, may be admitted as an advocate on the State roll main- tained in respect of the said State, if he—

(i) makes an application for such amendment in accordance with the provisions of this Act; and

(H) fulfils the conditions specified in clauses (a), (b), (e) and (/) of sub-section (I) of section 24.

(3) Notwithstanding anything contained in this Act, every per- son whoj immediately before the date on which the provisions of Chapter IV are brought into force in the State of Jammu and Kash- mir, was practising the profession of law (whether by way of plead- ing or acting or both or in any other way) by virtue of the provisions of any law in force therein, or who does not elect to be or is not quali- fied to be enrolled as an advocate under sub-section (1) or sub- section (2), shall, notwithstanding the repeal by this Act of the rele- vant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or before any other authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accord- ingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.

(4) On the date on which this Act or any part thereof comes into force in the State of Jammu and Kashmir, the law in force in that State which corresponds to this Act or such part thereof which does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed.".

B. N. BANERJEE,

Secretary.

PRINTED HY H IE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 73