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Section 24 of Advocates Act 1961 - Persons who may be admitted as advocates on a State roll

 

 

Persons who may be admitted as advocates on a State roll? Section 24 of Advocates Act, 1961

Section 24 : Persons who may be admitted as advocates on a State roll

(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:

(a) he is a citizen of India:

PROVIDED that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country;

(b) he has completed the age of twenty-one years;

(c) he has obtained a degree in law:

(i) before the 12th day of March, 1967, from any university in the territory of India; or

(ii) before the 15th day of August, 1947, from any university in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or

(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia) after undergoing a three year course of study in law from any university in India which is recognized for the purposes of this Act by the Bar Council of India; or

(iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any university in India which is recognized for the purposes of this Act by the Bar Council of India; or

(iv) in any other case, from any university outside the territory of India, if the degree is recognized for the purposes of this Act by the Bar Council of India; or

he is a barrister and is called to the Bar on or before the 31st day of December, 1976 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; or has obtained such other foreign qualification in law as is recognized by the Bar Council of India for the purpose of admission as an advocate under this Act;

(d) [Omitted by Act 600f1973J

(e) he fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter;

(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 and an enrolment fee payable to the State Bar Council of six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favor of that Council:

PROVIDED that where such person is a member of the scheduled castes or the scheduled tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be one hundred rupees and to the Bar Council of India, twenty five rupees.

Explanation : For the purposes of this sub-section, a person, shall be deemed to have obtained a degree in law from a university in India on the date on which the results of the examination for that degree are published by the university on its notice board or otherwise declaring him to have passed that examination.

(2) Notwithstanding anything contained in sub-section (I), a vakil or a pleader who is a law graduate may be admitted as an advocate on a State roll, if he:

(a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and

(b) fulfill the conditions specified in clauses (a), (b) and (f) of sub-section (1).

(3) Notwithstanding anything contained in sub-section (1) a person who:

(a) has, for at least three years, been a vakil or a pleader or a mukhtar, orwas entitled at any time to be enrolled under any law as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or

 

(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practice the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or

(b) [Omitted by Act 60 of 1973J

(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935; or

(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he:

(i) makes an application for such enrolment in accordance with the provisions of this Act; and

(ii) fulfill the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).

(4) [Omitted by Act 107 of 1976]

 

ADVOCATES ACT 1961

Section 16 : Senior and other advocates

Section 17 : State Bar Councils to maintain roll of advocates

Section 18 : Transfer of name from one State roll to another

Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India

Section 20 : Special provision for enrolment of certain Supreme Court advocates

 

 

Section 21 : Disputes regarding seniority

Section 22 : Certificate of enrolment

Section 23 : Right of pre-audience

Section 24 : Persons who may be admitted as advocates on a State roll

Section 24A : Disqualification for enrolment

Section 25 : Authority to whom applications for enrolment may be made

 

 

Section 26 : Disposal of an application for admission as an advocate

Section 26A : Power to remove names from roll

Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances

Section 28 : Power to make rules

CHAPTER IV
RIGHT TO PRACTICE

Section 29 : Advocates to be the only recognized class of persons entitled to practice law

Section 30 : Right of advocates to practice

 

 

Section 31 - Special Power of Attorney (Repealed)

Section 32 : Power of court to permit appearances in particular cases

Section 33 : Advocates alone entitled to practice

Section 34 : Power of High Courts to make rules

CHAPTER V
CONDUCT OF ADVOCATES

Section 35 : Punishment of advocates for misconduct

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