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Section 58 of Advocates Act 1961 - Special provisions during the transitional period

 

 

What is Special provisions during the transitional period? Section 58 of Advocates Act, 1961

Section 58 : Special provisions during the transitional period

(1) Where a State Bar Council has not been constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by reason of any order of a court or otherwise, the functions of the Bar Council or any committee thereof, insofar as they relate to the admission and enrolment of advocates, shall be performed by the High Court in accordance with the provisions of this Act.

(2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a State Bar Council may enroll any person to be an advocate on a State roll, if he is qualified to be so enrolled under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the Bar Council of India, and every person so enrolled shall, until that chapter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the Indian Bar Councils Act, 1926 (38 of 1926).

(3) Notwithstanding anything contained in this Act, every person who, immediately before the 1st day of December, 1961, was an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 or who has been enrolled as an advocate under this Act shall, until Chapter IV comes into force, be entitled as of right to practice in the Supreme Court, subject to the rule made by the Supreme Court in this behalf.

 

(4) Notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the Legal Practitioners Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (17of 1920) or of any other law relating to the admission and enrolment of legal practitioners, the provisions of the Acts and law aforesaid] and any rules made there under insofar as they relate to 3[the renewal or the issue by way of renewal of a certificate to a legal practitioner authorising him to practice shall have effect until Chapter IV comes into force and, accordingly, every certificate "issued or renewed to a legal practitioner (who is not enrolled as an advocate under this Act) which is or purports to be issued or renewed under the provisions of either of the aforesaid Acts 4[or of the other law] during the period beginning with the 1st day of December, 1961 and ending with the date on which Chapter IV comes into force, shall be deemed to have been validly issued or renewed.

 

ADVOCATES ACT 1961

Section 48A : Power of revision

Section 48AA : Review

Section 48B : Power to give directions

Section 49 : General power of the Bar Council of India to make rules

Section 49A : Power of Central Government to make rules

Section 50 : Repeal of certain enactments

 

 

Section 51 : Rule of construction

Section 52 : Saving

CHAPTER VII

TEMPORARY AND TRANSITIONAL PROVISIONS

Section 53 : Elections to first State Bar Council

Section 54 : Term of office of members of first State Bar Council

Section 55 : Rights of certain existing legal practitioners not affected

 

 

Section 56 : Dissolution of existing Bar Councils

Section 57 : Dissolution of existing Bar Councils

Section 58 : Special provisions during the transitional period

Section 58A : Special provisions with respect to certain Advocates

Section 58AA : Special Provisions in relation to the Union territory of Pondicherry

Section 58AB : Special provisions with respect to certain persons enrolled by Mysore State Bar Council

 

 

Section 58AC : Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council

Section 58AD : Special provisions with respect to certain persons migrating to India

Section 58AE : Special provisions in relation to the Union territory of Goa, Daman and Diu

Section 58AF : Special provisions of relation to Jammu and Kashmir

Section 58AG : Special provisions in relation to article clerks

Section 58B : Special provisions relating to certain disciplinary proceedings

Section 59 : Removal of difficulties

Section 60 : Powers of Central Government to make rules

The Schedule : Repeal of Enactments

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