Advocates Act, 1961 - Chapter VII

Section 58AE of the Advocates Act, 1961 - Special Provisions in Relation to Goa, Daman and Diu

Section 58AE is a temporary and transitional provision dealing with persons who were entitled to practise law in the former Union territory of Goa, Daman and Diu when the Advocates Act, 1961 was extended to that territory. It protected existing professional rights, provided a route to enrolment as advocates, and dealt with repeal of corresponding local laws.

Current legal context: The expression "Union territory of Goa, Daman and Diu" is retained here because it forms part of the statutory wording of Section 58AE. Goa later became a State under the Goa, Daman and Diu Reorganisation Act, 1987. Daman and Diu later became part of the Union territory of Dadra and Nagar Haveli and Daman and Diu under the 2019 merger legislation. These later territorial changes do not rewrite the historical language used in Section 58AE.

What is Section 58AE of the Advocates Act?

Section 58AE was inserted to manage the change from the legal-practitioner system existing in Goa, Daman and Diu to the national framework created by the Advocates Act, 1961. The provision recognizes persons who were already entitled to practise law, permits qualifying persons to be admitted to the State roll, protects specified continuing practice rights, and repeals corresponding local laws when the relevant provisions of the Advocates Act come into force.

Section 58AE - Statutory Text

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

(1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Goa, Daman and Diu, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had 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 Councils Act, 1926 (38 of 1926), and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory:

Provided that the provisions of this sub-section shall not apply to any person who, on the date of the application aforesaid, was not a citizen of India.

(2) 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 Union territory of Goa, Daman and Diu, was practising 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 in the said Union territory, or who does not elect to be or is not qualified to be enrolled as an advocate under sub-section (1), 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.

(3) On the date on which this Act or any part thereof comes into force in the Union territory of Goa, Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed.

Clause-wise Explanation of Section 58AE

Section 58AE(1): Transitional enrolment on the State roll

Sub-section (1) covers persons who were entitled to practise law in Goa, Daman and Diu immediately before Chapter III of the Advocates Act became operative there. It also includes persons who would have been entitled to practise but for being in public service on that date.

For the limited purpose of Section 17(1)(a), such persons are deemed to have been advocates entered on a High Court roll under the Indian Bar Councils Act, 1926. Subject to the statutory conditions and the time specified by the Bar Council of Maharashtra, they could apply for admission as advocates on the relevant State roll.

The proviso imposes a citizenship condition: the benefit of this sub-section does not extend to a person who was not an Indian citizen on the date of the application.

Section 58AE(2): Protection of existing practice rights

Sub-section (2) protects persons who were practising law immediately before Chapter IV became operative in the territory, including persons who did not elect to enrol or were not qualified for enrolment under sub-section (1). Despite repeal of the earlier law, such persons were permitted to continue enjoying the same practice rights in courts, revenue offices and before other authorities or persons, subject to the same disciplinary jurisdiction as before.

Section 58AE(3): Repeal of corresponding local law

Sub-section (3) provides that when the Advocates Act, or a part of it, came into force in Goa, Daman and Diu, any corresponding law then operating in that territory also stood repealed, unless it had already been repealed by Section 50 of the Advocates Act, 1961.

Meaning of the Related Legal Provisions

Section 17 - State Bar Council to maintain roll of advocates

Section 17 requires every State Bar Council to prepare and maintain a State roll of advocates. Section 58AE(1) uses a statutory deeming provision so that qualifying legal practitioners from the former Union territory could be treated, for the specified purpose, in the same manner as advocates previously entered on a High Court roll.

Chapter III - Admission and enrolment of advocates

Chapter III of the Advocates Act deals with the State roll, qualifications and disqualifications for enrolment, applications for admission, disposal of those applications, removal of names from the roll and related enrolment matters. Section 58AE(1) was designed to bridge the transition into this enrolment system.

Chapter IV - Right to practise

Chapter IV contains provisions concerning the professional right to practise. Section 58AE(2) preserved specified pre-existing rights during the transition notwithstanding repeal of the earlier legal framework.

Section 50 - Repeal of certain enactments

Section 50 repealed specified enactments and provisions relating to legal practitioners. Section 58AE(3) supplements that repeal mechanism for corresponding law that remained in force in Goa, Daman and Diu when the Advocates Act or the relevant part of it commenced there.

When did the Advocates Act apply to Goa, Daman and Diu?

The Advocates Act contains a special commencement mechanism for the former Union territory. Official commencement notes record that the Act was brought into force there on June 1, 1979, except Section 30. Section 30 was subsequently brought into force on June 15, 2011.

Effect of the Goa, Daman and Diu Reorganisation Act, 1987

The Goa, Daman and Diu Reorganisation Act, 1987 reorganised the former Union territory and provided for the State of Goa. It also amended the State Bar Council arrangement so that the relevant council became the Bar Council of Maharashtra and Goa. Section 58AE, however, continues to use the historical territorial description and the wording associated with the transitional period in which it operated.

Key Points About Section 58AE

Official Sources

The current consolidated text of Section 58AE can be checked in the Advocates Act, 1961 on India Code. The later territorial reorganisation can be checked in the Goa, Daman and Diu Reorganisation Act, 1987 on India Code.