PROFESSIONAL ETHICS – UNIT – 3 - PART - A

The Advocates Act, 1961 (25/1961)

Frame work of the Act
Chapter I – Preliminary
Chapter II – STATE BAR COUNCIL.
Chapter III. – Admission and Enrolment of Advocates.
Chapter IV – Right to practice
Cjnapter V – Conduct of Advocates.
Chapter VI – Miscellaneous.
Chapter VII – Temporary and Transitional provisions.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961)
Introduction:
❖ This Act seeks to implement the recommendations of the All-India Bar
Committee made in 1953, after taking into account the recommendations of
the Law Commission on the subject of Reform of Judicial Administration in
so far as the recommendations relate to the Bar and legal education.
❖ This Act has amended and consolidated the law relating to legal
practitioners and to provide for the constitution of STATE BAR COUNCIL
and an All-India Bar.
❖ This Act being a comprehensive measure, repeals The Indian STATE BAR
COUNCIL Act,1926 and all other laws on this subject.
❖ This Act originally contained 60 sections, but after insertion of amendments
it now stand at 85 sections.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL
❑ The term ‘Bar Council has been defined in Section 2 (d) of the Act.
According to this clause ‘Bar Council’ means Bar Council constituted
under the Act.
A: STATE BAR COUNCIL PROVISIONS: Section 3:
❑ As per clause (1) of this section there shall be a Bar Council in each
State and it shall be known as the Bar Council of that State.
❑ As per clause (2) aState Bar Council shall consis of the following
members:
❑ (a) Except as otherwise specifically stated in the clause, the
Advocate-General of that State shall be the ex-officio member.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ Section 3 (Continued):
❑ As per Clause (2) sub-clause (b) of this section in the case of a State
Bar council with an electorate not exceeding five thousamd, fifteen
members, in the case of State Bar Council with an electorate
exceeding five thousand but not exceeding ten thousand twenty
members and in the case of 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 advocates on the electoral roll
of the State Bar Council.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ Section 3 (Continued):
❑ This sub-clause (b) contains a proviso stating that as nearly as
possible one-half of such elected members shall, subject to any rules
that may be made in this behalf of by the Bar Council of India, be
persons who have for at least ten years been advocates on a State roll,
and in computing the said period of ten years in relation to any such
person, there shall be included any period during which the person has
been an advocate enrolled un der the Indian STATE BAR COUNCIL
Act, 1926.
❑ As per clause (3) of this section there shall be a Chairman andf a
Vice-Chairman of each State Bar Council elected by the Council in
such manner as may be prescribed.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ Section 3 (Continued):
❑ As per Clause (3-A) every person holding office as Chairman or as
Vice –Chairman of any State Bar Council immediately before the
commencement of the Advocates (Amendment) Act, 1977, shall in
such circumstances cease to hold office as Chairman or
Vice-Chairman as the Case may be.

❑ 3.The proviso attached to this sub-clause states that every such

persin shall continue to carry on the duties of the office until the
Chairman or Vice-Chairman as the case may be of each State Bar
Council, elected after the Amendment of 1977assumes charge of
the office.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ Section 3 (Continued):
❑ As per Clause (4) an Advocate shall be disqualified from voting at an
election under sub-section (2) or for being chosen as, and for being, a
member of State Bar Council, unless he possesses such qualifications or
satisfies such condition as may be prescribed in this behalf by the Bar
Council of India, and subject to such rules as may be made, an electoral roll
shall be prepared and revised from time to time by each State Bar Council.
❑ Clause (5) of this section states that 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 in accordance with the
provisions of the rules made by the Bar Council of India to give effect to the
said proviso,
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ Section 3 (Continued):
❑ As per clause (6) nothing in clause (b) of sub-section (2) shall affect
the representation of elected members in any State Bar Counciul as
constituted immediately before the commencement of the Advocates
(Amendment) Act, 1973 until that State Bar Council is reconstituted in
accordance with the provisions of this Act.
❑ SECTION 5: Bar Council to be body Corporate:
❑ Every Bar Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold
property, both movable and immovable, and to conduct, and may by
name by which it is known sue and be sued.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 6:Functions of State STATE BAR COUNCIL:
❑ As per Clause (1) the functions of a State Bar Council shall be –
a) to admit persons as advocates on its roll;
b) To ptrpare and maintain such roll;
c) To entertain and determine cases of misconduct against advocates on its
roll;
d) To safeguard the rights, privileges and interests of advocatres on its roll;
dd) To promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes referred to in clause (a) of sub-section
(2) of this section and clause (a) of sub-section (2) of section 7.
;e) To promote and support law reforms;
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 6 (1) Functions of State STATE BAR COUNCIL:
(continued).
ee) To conduct seminars and organise talks on legal topics bt eminent jurisats
and publish journals and paper of legal interest;
eee) To otganise legal aid to the poor in the prescribed manner;
f) To manage and invest the funds of the Bar Council;
g) To ptovide for the election oif its members;
gg) To visit and inspect Universities in accordance with the directions given
under clause (i) of sub-section (1) of Section 7;
h) To perform all other functions conferred on it by or under this Act;
i) To do all other things necessary for discharging th aforesaid functions(.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 6 (2) FUNCTIONS OF STATE BAR COUNCIL: (continued).
❑ As per this clause 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 schemes for the indigent,
disabled or other advocates;
b) Giving legal aid or advice in accordance with the rules made in this
behalf
c) Establishing law libraries.
SECTION 6 (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 mentioned under that
section.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 8: TERM OF OFFICE OF MEMBERS OF STATE BAR COUNCIL:
❑ The term of Office of an elected member of a State Bar Council (other than an elected
member thereof referred to in Section 54) shall be Five years from the date of
publication of the result of his election.
❑ The above provision is subject to the proviso which states that where a State Bar Council
fails to provide for the election of its members before the expiry of the said term, the Bar
Council of India, may by order, for reasons to be recorded om writing, ext3end the said
term for a period not exceeding six months.
❑ SECTION 8-A: (1): Constitution of Special Committee in the absence of
election: Where a State Bar Council fails to provide for the election of its
members before the expiry of the term of five years or the extended term, as the
case may be, referred to in Section 8, tshe Bar Council of India shall, on and from
the date immediately following the day of expiry, constitute a Special Committee
consisting of=
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 8-A: (1): Constitution of Special Committee in the
absence of election: (continued)
i. The ex-officio member of the State Bar Council referred to under
Clause (a) od sub-section (2) of Section 3 to be the Chairman
.provided that where there are more than one ex-officio members,
the senior most amongst them shall be the Chairman and
ii. two members to be nominated by the Bar Council of India from
amongst advocates on the electoral of the State Bar Council to
discharge the functions of the State Bar Council until the Bar
council is constituted under this Act.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 8-A: (2): Constitution of Special Committee in the absence of
election: (continued):
❑ On the constitution of the Special Committeeand until the State Bar
Council is constituted-
a) All properties and assets vesting in the State Bar Council shall vest in
the Special Committee.
b) All rights, liabilities and obligations of the State Bar Council,
whether arising out of contract or otherwise, shall stand transferred
to the Special Committee.
c) All proceedings pending before the State Bar Council in respect of
any disciplinary matter or otherwise, shall stand transferred to the
Special committee.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 8-A: (3): Constitution of Special Committee in the
absence of election: (continued):
❑ The Special Committee constituted under Sub-section (1)
shall, in accordance with such direction as the Bar Council of
India may give to it in this behalf, hold election to the State
Bar Council within a period of six months from the date of its
constitution under sub-section (1), and where, for any reason,
the Special Committee is not able to conduct election within a
period of six months, the Bar Council of India may, for
reasons recorded in writing, extend the said period.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 9: DISCIPLINARY COMMITTEE:
❑ As per clause (1) of this section a Bar Council shall
constitute one or more disciplinary committees, each of
which shall consist of three persons of whom two shall be
persons elected by the Council from amongst the members
and the other shall be a person co-opted by the Council
from amongst advocates who possess the qualifications
specified in the proviso to sub-section (2) of Section 3 and
who are not members of the Council and the senior most
amongst the members of a disciplinary committee shall
be the Chairman thereof.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
SECTION 9: DISCIPLINARY COMMITTEE:
❑ Clause (2) of this section provides that notwithstanding anything
contained in sub-section, 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 has not been amended by
the said Act.
SECTION 9-A: CONSTITUTION OF LEGAL AID COMMITTEES:
❑ As per clause (1) of this section 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.
❑ As per clause (2) the qualifications, the method of selection and the term of
office of the members of the legal aid committee shall be such as may be
prescribed.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 10 (1): CONSTITUTION OF COMMITTEES OTHER THAN
DISCIPLINARY COMMITTEE:
❑ A State Bar Council shall constitute the following standing committees namely
a) An executive committee consisting of Five members elected by the Council
from amongst its members.
b) An enrolment committee consisting of Three members elected by the Council
from amongst its members.
❑ SECTION 10-A: TRANSACTION OF BUSINESS BY BAR COUNCIL AND
COMMITTEE
❑ As per clasuse (2) A State Bar Council shall meet at its head quarters or at such
other plasces as it may, for reasons to be recorded in writing, determine.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 10-A: TRANSACTION OF BUSINESS BY BAR COUNCIL AND
COMMITTEE (continued)
❑ As per clause (3) the committee other than the disciplinary committee constituted by the Bar
Council shall meet at its headquarters of the respective STATE BAR COUNCIL.
❑ As per clause (4) every Bar Council and every committees thereof except the disciplinary
committee shall observe such rules of procedure in regard to the transaction of business at their
meetings as may be prescribed.
❑ As per clasuse (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
busines at their meetings as may be prescribed.
❑ SECTION 10-B: DISQUALIFICATIONS OF MEMBER OF THE BAR COUNCIL:
❑ An elected member of a Bar Council shall be deemed to have vacated his office if he is
declared by a Bar Council of which he is a member to have been absent without sufficient
cause from three consecutive meeting of such council, or if 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.
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PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 11: STAFF OF BAR COUNCIL:
1) Every Bar Council shall appoint a Secretary and may appoint an Accountant and
such number of other persons on its staff as may be necessary.
2) The Secretary and its Accountant, if any, shall possesses such qualifications as
may be prescribed.
3) SECTION 12: ACCOUNTS AND AUDIT:
1. As per clause (1) of this section every Bar Council shall cause to be maintained
such books of accounts and other books in such form and in such manner as may
be prescribed.

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A

The Advocates Act, 1961 (25/1961) (Continued)

STATE BAR COUNCIL (Continued)
❑ SECTION 12: ACCOUNTS AND AUDIT:
❑ As per clause (2) the accounts of a Bar Council shall be audited by
auditors duly qualified to act as auditors of companies under the
Companies Act, 1956 at such times and in such manner as may be
prescribed.
❑ As per clause (3) as soon as practicable at the end of each financial
year, but not later than the 31st day of December of the next year
following, a State Bar Council shall send a copy of the accounts
together with a copy of the report of auditors thereon to the Bar
Council of India and shall cause the same to be published in the
Official Gazette.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A

The Advocates Act, 1961 (25/1961) (Continued)

STATE BAR COUNCIL (Continued)
❑ SECTION 12: ACCOUNTS AND AUDIT? (continued)
❑ As per clause (4) as soon as may be practicable at the end of each
financial year, but not later than the 31sr day of December of the next
year following, the Bar Council of India shall send a copy of the
accounts together with a copy of the report of auditors thereon to the
Central Government and shall cause the same to be published in the
Gazette of India.
❑ SECTION 13: VACANCIES IN THE BAR COUNCIL AND COMMITTES THEREOF
NOT TO INVALIDATE ACTION TAKEN:
❑ No acts done by a Bar Council or any committee thereof shall be called in question
on the ground merely of the existence of any vacancy in or any defect in the
constitution of, the Council or Committee, as the case may be.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A

The Advocates Act, 1961 (25/1961) (Continued)

STATE BAR COUNCIL (Continued)
❑ SECTION 14: ELECTIONS TO THE STATE BAR COUNCIL NOT TO BE
QUESTIONED ON CERTAIN GROUNDS:
❑ No election of a member to a Bar Council shall be called in question on the
ground merely that due notice thereof has not been given to any person entitled to
vote thereat, if the notice of the date has, not less than 30 days before that date,
been published in the Official Gazette.
❑ SECTION 15: POWER TO MAKE RULES:
1) A Bar Council may make rules to carry out the purpose of this Chapter.
2) In particular and without prejudice to the generality of the foregoing powers,
such rules may provide for -

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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A

The Advocates Act, 1961 (25/1961) (Continued)

STATE BAR COUNCIL (Continued)
❑ SECTION 15: POWER TO MAKE RULES: (continued)
(a) The election of members of the Bar Council by secret ballot including the
conditions to which persons can exercise their right to vote by postal ballot, the
prepatation and revision of electoral rolls and the manner in which the result of
election shall be published.
(c) The manner of election of the Chairman and Vice-Chairman of the Bar
Council.
(d) The manner in which and the authority by which doubts and disputes as to the
validity of an election to the Bar Council or to the office of the Chairman and
Vice-Chairman shall be finally decided.
(f) The filling of casual vacancies in the Bar Council .
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 15: POWER TO MAKE RULES: (continued)
(g) The powers and duties of the Chairman and the Vice-Chairman of
the Bar Council.
(ga) the constitution of one or more funds by a Bar Council 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
sec. 7
(gb) organisation of legal aid and advice to the poor, constitution and
function of committees for that purpose and description of
proceedings in connection with which legal aid or advice may be given.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 15: POWER TO MAKE RULES: (continued)
The summoning and holding of meetings of the Bar Council , the
conduct of the business thereat, and the number of members to
constitute a quorum.
(i) The constitution and functions of any committee of the Bar
Council and the term of office of members of any such committee
(j) the summoning and holding of meetings , the conduct of business
of any such committee and the number of members necessary to
constitute a quorum.
(k) The qualifications and the conditions of service of the Secretary,
accountant and the other employees of the Bar Council.
(l) the maintenance of books of accounts and other books by the Bar
Council.
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 PROFESSIONAL ETHICS – UNIT – 3 - PART - A
The Advocates Act, 1961 (25/1961) (Continued)
STATE BAR COUNCIL (Continued)
❑ SECTION 15: POWER TO MAKE RULES: (continued)
(m) The appointment of auditors and the audit of the accounts of the Bar
Council
(n) the management and investment of the funds of the Bar Council,
(3) No rules made under this section by a State Bar Council shall
have effect unless they have been approved by the Bar Council of
India.
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