REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—-Section 1 PUBLISHED BY AUTHORITY No. 150] NEW DELHI, TUESDAY, SEPTEMBER 14, 1976/ BHADRA 23, 1898 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. (I) This Act may be called the Advocates (Amendment) Act, 1976.
(2) Rave 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.
Short titleand commencement.
2. In section 2 of the Advocates Act, 1961 (hereinafter referred to as the principal Act), in sub-section (1),—
(i) clause (c) shall be omitted;
(ii) in clause (i), for the words ", vakil or attorney", the words "or vakil" shall be substituted.
25 of 1961. Amendment of section 2.
3. In section 3 of the principal Act, for sub-section (3), the following sub-sections shall be substituted, namely:—• Amendment 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;
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(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 r rd Plaryana, ex-officio shall, by rotation in that order, be the Chairman for a period of two years; and
(d) in the case of anv 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,-Amendment ol section i. (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 (I) 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,—Amendment 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,—Amendment ol section 24. (i) in clause (c) of sub-section (7), after the words, figures and letters "the 31st day of December, 1976;", the following shall be inserted, n a m e l y : ^ "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.
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7. Section 31 of the principal Act shall be omitted with effect from the 1st day of January, 1977.
Omission o£ section 31,
8. In section 34 of the principal Act, sub-sections (2) and (3) shall be omitted with ellect from the 1st day of January, 1977.
Amendment of section 'Si.
9. For section 46 of the principal Act, the following section shall be substituted, namely: — Substitution of new section 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 of part of enrolment fees to the Bar Council of India.
10. In section 55 of the principal Act, clause (t>) shall be omitted with •effect from, the 1st day of January, 1977.
Amendment of section 55.
11. Every person holding office as—
(i) Chairman or Vice-Chairman of the Bar Council of India; or
(ii) Chairman or Vice-Chairman of any State Bar Council, -^immediately before the coming into force of section 4 or, as the case 4nay be, section 3 of this Act shall cease to hold such office on such -commencement.
Transitional provisions, S. K. MAITRA, Jt. Secy, to the Govt- of India.
PRIKfED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI ANO PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 7 6