REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 59] NEW DELHI, MONDAY, OCTOBER 31, 1977/KARTIKA 9, 1899 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 31st October, 1977/Kartika 9, 1899 (Saka) THE ADVOCATES (AMENDMENT) ORDINANCE, 1977 No. 16 OF 1977 Promulgated by the President in the Twenty-eighth Year of the Republic of India. An Ordinance further to amend the Advocates Act, 1961. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Advocates (Amendment) Ordinance, 1977.
(2) It shall come into force at once. 1, During the period of operation of this Ordinance, the Advocates Act, 1961 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 8 (both inclusive)
3. In section 3 of the principal Act, for sub-sections (3) and (3A), the following sub-sections shall be substituted, namely .— "(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed. Short title and commencement. Act 25 of 1961 to be temporarily amended. Amendment of section 3.
(395) 396 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II— (3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Ordinance, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Ordinance, 1977, assumes charge of the office."
4. (1) In section 4 of the principal Act,—
(i) in sub-section (2), clause (bb) shall be omitted,
(k) for sub-sections (2) and (2A), the following sub-sections shall be substituted, namely — "(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. (2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Ordinance, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Ordinance, 1977, assumes charge of the office.". 5L (2) In sub-section (2) of section 8 of the principal Act, for the words "four years", the words "five years" shall be substituted
(3) The amendment made by sub-section (I) to sub-section (2) of section 8 of the principal Act shall apply also to an elected member of every State Bar Council who has not completed the term of four years at the commencement of this Ordinance.
6. In sub-section (2) of section 15 of the principal Act,—
(i) before clause (d), the following clause shall be inserted, namel y : - "(c) the manner of election of the Chairman and the Vice- Chairman of the Bar Council;";
(ii) in clause (#), after the woras -eiecuon to the Bar Council" the words "or to the office of the Chairman or Vice-Chairman shall be inserted. 7 In section 34 of the principal Act, after sub-section (M), the following sub-section shall be inserted, namely: — "(2) Without prejudice to the, provisions contained m suD-section-
(1), the High Court at Calcutta may make rules providing for the- Amendment of section 4 Amendment of section 8. Amendment of section 15. Amendment of section 34. SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 397 holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.".
8. In the principal Act, after section 58AF, the following section shall be inserted, namely — "58AG Notwithstanding anything contained in this Act, every person who, immediately before the 31st day of December, 1976, has commenced his articleship and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with the rules made under sub-section (2) of section 34, before the omission of that sub-section by the Advocates (Amendment) Act, 1976, may be adrrrtied as an advocate on *the State roll if he—
(i) passes, on or before the 31st day of December, 1980,—
(a) the Final examination in a case where such person has. before the 31st day of December, 1976, passed the Intermediate examination,
(b) the Intermediate and the Final examinations in any other case.
Explanation,—Foe the purpose of this clau.se, the High Court at Calcutta may prescribe such lules as may be necessary under sub-section (2) of section 34, specifying the nature of the examinations and any other matter relating thereto;
(it) makes an application for such enrolment in accordance with the provisions of this Act, and (lit) fulfils the conditions specified in clauses (a), (b), (e) and
(f) of sub-section (1) of section 24". N. SANJIVA REDDY, President K K SUNDARAM, Secy, to the Govt. of India. 107 of
1976. Insertion of new section 58AG Special provisions in relation to articled clerks. 398 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 11 CORRIGENDA In the Smith, Stanistreet And Company Limited (Acquisition And Transfer of Undertakings) Ordinance, 1977 (13 of 1977), as published in the Gazette of India, Extraordinary, Part II, Section, 1, dated the 30th September, 1977—
(i) at page 365, m line 33, for "over-all", read "over all";
(ii) at page 367, in line 2, for "Ordinance", rend "Ordinance,";
(iii) at page 368, Jor line 20, substitute "inaccurate, shall be punishable with imprisonment for a term which may";
(iv) at page 369, in line 27, for "," read ". ", and
(v) at page 370, after line 22, insert "N SANJIVA REDDY, President". In the Grpsham and Craven of India (Private) Limited (Acquisition and Transfer of Undertakings) Ordinance, 1977 (14 of 1977) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 30th September, 1977: —
(i) at page 371, in line 3, for "30th September", read "30th September, 1977" and
(ii) at page 383, after line 24, insert "N. SANJIVA REDDY, President,". yiUNTED BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, Wttf TJELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1977