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Section 58B of Advocates Act 1961 - Special provisions relating to certain disciplinary proceedings

 

 

What are the Special provisions relating to certain disciplinary proceedings? Section 58B of Advocates Act, 1961

Section 58B : Special provisions relating to certain disciplinary proceedings

(1) As from the 1st day of September, 1963 every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.

(2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926, such proceeding shall stand transferred to the Bar Council in relation to that High Court, a if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub section (1) of section 56.

Provided that where in respect of any such proceeding the Court has received the finding of a Tribunal constituted under Section 11 of the Indian Bar Council Act, 1926, the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred on it under Section 12 of the said Act as if that section had not been repealed.

Provided further that where the High Court has referred back any case for further inquiry under sub section (4) of Section 12 of the said Act, the proceeding shall stand transferred to the State bar Council in relation to the High Court as if it were proceeding before a corresponding Bar Council under clause (c) of sub section (1) of section 56.

(3) If immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder.

 

(4) In this section "existing advocate" means a person who was enrolled as an advocate on the roll of any High Court under the Indian Bar Council Act,1926 and who, at the time when any proceeding in respect of any disciplinary matter initiated against him, is not enrolled as an advocate on a State roll under this Act.

(5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.

 

 

 

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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