Ans. Dismissing the complaint is another option left at the perusal of State Bar Council. Chapter V . He must have paid an enrolment fee of Rs.250/- to the State Bar Council. Consequently, the Advocates Act is a comprehensive legislation standardizing all the provisions for the benefit of legal practitioners. The Advocates Act, 1961 (hereinafter referred to as “the act”) consists of 7 chapters and a total of 60 sections. ADVOCATES ACT, 1961. Yes. Q2. What are the objectives of the Advocates Act, 1961? An advocate is initially enrolled with a State Bar Council and a common roll of all the advocates in the country is maintained by All India Bar Council. However, a person shall be allowed to practice before a court simply if he is enrolled as an advocate. The preamble of the Advocates Act, 1961, specifies that this Act has been made with the objective of amending and consolidating the law relating to the legal practitioners. An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. In order to implement the recommendations of All India Bar Committee (endorsed by fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. The State Bar Councils shall elect a Chairman and Vice-Chairman as prescribed by the Act. –Act means filing an appearance, pleading, application or any other thing required or authorized by law either in person, or through agent or advocate. It also aimed at creating an All … How are the disputes regarding seniority of the members solved? Now, like every other case, the State Bar Council always has the option to suspend the Advocate from practice among several others. Once refused, can the application be entertained by any other Bar Council? 25 OF 1961 [19th May, 1961.] The project goes on to ponder over the reasons behind introduction and codification of the act. In case of rejection, the applicant may appeal to the Supreme court or the High Court depending upon the Bar Association involved. Section 7 of the Advocate's Act, 1961 states the functions of Bar Council of India. Reprimanding the Advocate or Removing the Advocate from practice for such period as may deem fit to the State Bar Council are some other steps that the Bar Council may take. The central role is to uphold legal education and to grant recognition to universities which shall be an eligibility to enroll as a lawyer. This Act has replaced the Indian Bar Council Act, 1926. The tenure of the members of State Bar Councils shall be five years from the declarations of the results. In 1953 the All India Bar Committee prepared a report concerning the matter. Is that marriage valid? In case of State rolls, the state Bar Council is empowered to decide on the seniority of the members. Maintaining books of accounts and audits. Ans. Basically, the Disciplinary Committee of the Bar Council orders under Section 35 for the dismissal etc. By: Shriya Paruthi. Where an advocate is found guilty of misconduct, the Bar Council of India shall refer the matter to the Disciplinary Committee. The Advocates Act was passed by the Parliament in the year 1961. 35. The State Bar Councils shall elect a Chairman and Vice-Chairman as prescribed by … Yes, the Advocates are punished for their misconduct. Restrictions on Senior Advocate. Are Advocates punished for their misconduct? The fundamental highlight of the Act is conferring Bar Council of India as the highest legalized authority to control the legal vocation. The Bar Council will be two patterns - Bar Council of India and State Bar Council. The Advocates Act, 1961 (25 of 1961) 001 [19th May, 1961] An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. 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