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Extraordinary Gazette of India · Government of India

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Published 14 September 1976

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रजिस्ट्री सं० डी-(डी) -72-

REGISTERED No. D- ( D) -72

भारत का राजपत्र

The Gazette of India

TRAI SPOR

असाधारण

EXTRAORDINARY

25

भाग II- एण्ड 1

PART II Section 1

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 150] No. 150 ]

नई दिल्ली, मंगलवार, सितम्बर 14 , 1976/भाद्र 23, 1898 NEW DELHI , TUESDAY, SEPTEMBER 14, 1976 BHADRA 23 , 1898

इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सकें । Separate paging is given to this Part in order that it may be filed as a separate compilation .

MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi , the 14th September , 1976 / Bhadra 23 , 1898 ( Saka )

The following Act of Parliament received the assent of the President on the 13th September , 1976, and is hereby published for general information : ---

THE ADVOCATES ( AMENDMENT) ACT , 1961

No. 107 OF 1976

[13th September , 1976 ]

An Act further to amend the Advocates Act, 1961 BE it enacted by Parliament in the Twenty- seventh Year of the Republic of India as follows :-

1. ( 1 ) This Act may be called the Advocates (Amendment) Act, 1976 .

Short title and com- mence- ment .

(2) Save as otherwise provided in this Act , it shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint and different dates may be appointed for different provisions of this Act .

25 of 1961 .

2. In section 2 of the Advocates Act , 1961 ( hereinafter referred to as the principal Act ) , in sub - section ( 1 ), 一

Amend- ment of section 2 .

( i) clause ( c) shall be omitted ;

(ii) in clause (i) , for the words " , vakil or attorney " , the words " or vakil " shall be substituted.

3. In section 3 of the principal Act , for sub- section (3) , the following sub- sections shall be substituted, namely :-

Amend- ment of section 3 .

" (3 ) There shall be a Chairman of each State Bar Council as follows: -

(a) in the case of the State Bar Council of Delhi , such advocate as may be nominated by the Central Government shall be the Chairman for a period of two years ;

(1367) [PART 11-

THE GAZETTE OF INDIA EXTRAORDINARY

1368

(b) in the case of the State Bar Council of Assam , Nagaland. Meghalaya , Manipur and Tripura , the Advocate-General of each of the States of Assam , Manipur , Meghalaya , Nagaland and Tripura , ex - officio shall, by rotation in that order , be the Chairman for a period of two years ;

(c) in the case of the State Bar Council of Punjab and Haryana, the Advocate- General of each of the States of Punjab ard Haryana , ex - officio shall, by rotation in that order, be the Chairman for a period of two years ; and

(d) in the case of any other State Bar Council , the Advocate- General of the State , ex - officio , shall be the Chairman,

( 3A) There shall be a Vice- Chairman of each State Bar Council who shall be the senior- most advocate amongst the members of that Council . " .

4. In section 4 of the principal Act,-

Amend- ment of section 4 .

( i ) in sub - section ( 1 ) , after clause (b) , the following clause shall be inserted , namely : -

" ( bb) a person appointed by virtue of office ( whether or not under Government ) by the Central Government; " ;

( ii ) for sub - section ( 2 ) , the following sub - sections shall be substituted , namely : -

" (2) The Attorney-General of India ex - officio and the Solicitor-General of India ex - officio shall be the Chairman and Vice-Chairman respectively of the Bar Council of India.

(2A) The term of office of the member of the Bar Council of India appointed under clause (bb ) of sub- section ( 1 ) shall be two years from the date of his appointment or till he ceases to hold the office by virtue of which he was appointed , whichever is earlier . " .

5. In sub -section ( 2 ) of section 15 of the principal Act ,-

Amend- ment of section 15 .

(i) clause ( c) shall be omitted;

(ii) in clause (d), the words " or to the office of the Chairman or Vice- Chairman" shall be omitted :

6. In section 24 of the principal Act,-

Amend- ment of section 24.

(i ) in clause ( c ) of sub -section ( 1 ) , after the words , figures and letters " the 31st day of December , 1976 ; " , the following shall be inserted, namely: -

"or has passed the articled clerk's examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court;";

(ii ) sub - section ( 4 ) shall be omitted .

Sec . 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

1369

7. Section 31 of the principal Act shall be omitted with effect from Omission the 1st day of January , 1977.

of section 31.

8. In section 34 of the principal Act , sub- sections ( 2 ) and ( 3 ) shall be omitted with effect from the 1st day of January , 1977 .

Amend- ment of section 34.

9. For section 46 of the principal Act , the following section shall be substituted , namely: -

Substitu- tion of new sec- tion for section 46 .

" 46. Every State Bar Council shall , for each financial year commencing on or after the 1st day of April , 1976 , pay to the Bar Council of India a sum equivalent to twenty per cent. of the total of the enrolment fees realised by it under this Act during that year , before the thirtieth day of April of the succeeding financial year . " .

Payment ofpartof enrolment fees to the Bar Council of India .

10. In section 55 of the principal Act , clause (b ) shall be omitted with effect from the 1st day of January , 1977 .

Amend- ment of section 55.

11. Every person holding office as-

( i) Chairman or Vice - Chairman of the Bar Council of India; or

Transi- tional sions, provi- (ii) Chairman or Vice- Chairman of any State Bar Council,

immediately before the coming into force of section 4 or , as the case may be , section 3 of this Act shall cease to hold such office on such commencement .

S. K. MAITRA , Jt. Secy . to the Govt . of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1976

Cite this issue. Extraordinary Gazette of India, Government of India, 14 September 1976. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1976-09-14.E-1194-1976-0150-52819/. Archive identifier in.gazette.csl_extraordinary.1976-09-14.E-1194-1976-0150-52819.