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Section 58AF of Advocates Act 1961 - Special provisions of relation to Jammu and Kashmir

 

 

What are the Special provisions of relation to Jammu and Kashmir? Section 58AF of Advocates Act, 1961

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

(1) Notwithstanding anything contained in this Act, all advocates who, immediately before the date on which the provisions of Chapter III are brought into force in the State of Jammu and Kashmir, were entitled to practice in the High Court of that State, or who would have been so entitled has they not been in public service on the said date, shall for the purpose of clause (a) of sub section (1) of section, 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Council Act, 1926, and every such person may, on an application mad in this behalf within such time as may be specified by the Bar Council of India, be admitted as an advocate on the State roll maintained in respect of the said State.

(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter III are brought into force in the State of Jammu and Kashmir, was entitled otherwise than 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 in force in the said State, or who would have been so entitled had he not been in public service on the said date, may be admitted as an advocate on the State roll maintained in respect of the said State, if he-

i. makes an application for such enrolment in accordance with the provisions of this Act, and

ii. fulfills the conditions specified in clauses (a), (b), (c) and (f) of sub section (1) of Section 24.

 

(3) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into force in the State Jammu and Kashmir, was practicing the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force therein, or who does not elect to be or is not qualified to be enrolled as an advocate under sub section (1) or sub section (2), shall, notwithstanding the repeal by this Act of the relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or before any other authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.

 

 

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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