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RTI

THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005

[15th June, 2005]

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Whereas the Constitution of India has established democratic Republic;

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

 

CHAPTER I

Preliminary

1

(1)  

 

This Act may be called the Right to Information Act, 2005.

 

(2)  

 

It extends to the whole of India except the State of Jammu and Kashmir.

 

(3)  

 

The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24 , 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment.

2

 

 

In this Act, unless the context otherwise requires,—

 

(a)

 

"appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—

 

 

(i) 

by the Central Government or the Union territory administration, the Central Government;

 

 

(ii)

by the State Government, the State Government;

 

(b)

 

"Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;

 

(c)

 

"Central Public Information Officer" means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;

 

(d)

 

"Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12;

 

(e)

 

"competent authority" means—

 

 

(i)

the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;

 

 

(ii)

the Chief Justice of India in the case of the Supreme Court;

 

 

(iii)

the Chief Justice of the High Court in the case of a High Court;

 

 

(iv)

the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;

 

 

(v)

the administrator appointed under article 239 of the Constitution;

 

(f)

 

"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

 

(g)

 

"prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;

 

(h)

 

"public authority" means any authority or body or institution of self- government established or constituted—

 

 

(a)

by or under the Constitution;

 

 

(b)

by any other law made by Parliament;

 

 

(c)

by any other law made by State Legislature;

 

 

(d)

by notification issued or order made by the appropriate Government, and includes any—

 

 

 

(i) 

body owned, controlled or substantially financed;

 

 

 

(ii)

 non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;

 

(i)

 

"record" includes—

 

 

(a)

any document, manuscript and file;

 

 

(b)

any microfilm, microfiche and facsimile copy of a document;

 

 

(c)

any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

 

 

(d)

any other material produced by a computer or any other device;

 

(j)

 

"right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—

 

 

(i)

inspection of work, documents, records;

 

 

(ii)

taking notes, extracts or certified copies of documents or records;

 

 

(iii)

taking certified samples of material;

 

 

(iv) 

obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

 

(k)

 

 "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;

 

(l)

 

 "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;

 

(m)

 

"State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;

 

(n)

 

"third party" means a person other than the citizen making a request for information and includes a public authority.

 

 

 

 

CHAPTER II

Right to information and obligations of public authorities

3

 

 

Subject to the provisions of this Act, all citizens shall have the right to information.

4

(1)

 

Every public authority shall—

 

 

(a)

maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;

 

 

(b)

publish within one hundred and twenty days from the enactment of this Act,—

 

 

 

(i)

 the particulars of its organisation, functions and duties;

 

 

 

(ii)

 the powers and duties of its officers and employees;

 

 

 

(iii)

the procedure followed in the decision making process, including channels of supervision and accountability;

 

 

 

(iv)

the norms set by it for the discharge of its functions;

 

 

 

(v)

the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

 

 

 

(vi)

a statement of the categories of documents that are held by it or under its control;

 

 

 

(vii)

the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

 

 

 

(viii)

a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

 

 

 

(ix)

a directory of its officers and employees;

 

 

 

(x)

the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

 

 

 

(xi)

 the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

 

 

 

(xii)

 the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

 

 

 

(xiii)

particulars of recipients of concessions, permits or authorisations granted by it;

 

 

 

(xiv)

details in respect of the information, available to or held by it, reduced in an electronic form;

 

 

 

(xv) 

the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

 

 

 

(xvi) 

the names, designations and other particulars of the Public Information Officers;

 

 

 

(xvii)

such other information as may be prescribed and thereafter update these publications every year;

 

 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

 

 

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

 

(2)

 

It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.

 

(3)

 

For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

 

(4)

 

All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.

 

 

 

Explanation.—For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

5

 (1)

 

Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.

 

(2)

 

Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:

Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

 

(3)

 

Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

 

(4)

 

The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

 

(5)

 

Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.

6

(1)

 

A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

 

 

(a)

the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;

 

 

(b)

the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,

specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

 

(2)

 

An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

 

(3)

 

Where an application is made to a public authority requesting for an information,—

 

 

(i)

which is held by another public authority; or

 

 

(ii)

the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

7

(1)

 

 Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

(2)

 

If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

 

(3)

 

Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—

 

 

(a)

the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

 

 

(b)

information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

 

(4)

 

Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.

 

(5)

 

Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

 

(6)

 

Notwithstanding anything contained in sub-section (5), the person making
request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

 

(7)

 

Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.

 

(8)

 

Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—

 

 

(i)

the reasons for such rejection;

 

 

(ii)

the period within which an appeal against such rejection may be preferred; and

 

 

(iii)

the particulars of the appellate authority.

 

(9)

 

An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

8 

(1)

 

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

 

 

(a)

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

 

 

(b)

information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

 

 

(c)

information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

 

 

(d)

information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

 

 

 

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

 

 

(f) 

information received in confidence from foreign Government;

 

 

(g)

information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

 

 

(h)

information which would impede the process of investigation or apprehension or prosecution of offenders;

 

 

(i)

cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

 

 

 

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

 

 

(j)

information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

 

 

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

(2)

 

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

 

(3)

 

Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:

 

 

 

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

9

 

 

Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

10

(1)

 

Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

 

(2)

 

Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—

 

 

(a)

that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;

 

 

(b)

the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;

 

 

(c)

the name and designation of the person giving the decision;

 

 

(d) 

the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

 

 

(e)

his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

11

 (1)

 

Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

 

(2)

 

Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

 

(3)

 

 Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

 

(4)

 

A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

CHAPTER III

The Central Information Commission

12

(1)

 

The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

 

(2)

 

The Central Information Commission shall consist of—

 

 

(a)

 the Chief Information Commissioner; and

 

 

(b)

such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

 

(3)

 

The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—

 

 

(i)

the Prime Minister, who shall be the Chairperson of the committee;

 

 

(ii)

the Leader of Opposition in the Lok Sabha; and

 

 

(iii)

a Union Cabinet Minister to be nominated by the Prime Minister.

 

 

 

Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.

 

(4)

 

 The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.

 

(5)

 

The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

 

(6)

 

The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

 

(7)

 

The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

13

 (1)

 

The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

 

(2)

 

Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:

Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:

Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.

 

(3)

 

The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

 

(4)

 

The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:

Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.

 

(5)

 

The salaries and allowances payable to and other terms and conditions of service of —

 

 

(a)

the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;

 

 

(b)

an Information Commissioner shall be the same as that of an Election Commissioner:

 

 

 

Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

 

 

 

Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:

 

 

 

Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.

 

(6)

 

The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

14

(1)

 

Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.

 

(2)

 

The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

 

(3)

 

Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—

 

 

(a)

is adjudged an insolvent; or

 

 

(b)

has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

 

 

(c)

engages during his term of office in any paid employment outside the duties of his office; or

 

 

(d)

is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

 

 

(e)

has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

 

(4) 

 

If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.

CHAPTER IV

The State Information Commission

15

(1)

 

Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

 

(2)

 

 The State Information Commission shall consist of—

 

 

(a)

the State Chief Information Commissioner, and

 

 

(b)

such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

 

(3)

 

The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—

 

 

(i)

 the Chief Minister, who shall be the Chairperson of the committee;

 

 

(ii) 

the Leader of Opposition in the Legislative Assembly; and

 

 

(iii)

a Cabinet Ministrer to be nominated by the Chief Minister.

 

 

 

Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

 

(4)

 

The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.

 

(5)

 

The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

 

(6)

 

The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

 

(7)

 

The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

16

(1)

 

 The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

 

 

 

Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

 

(2)

 

Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:

 

 

 

Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:

 

 

 

Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.

 

(3)

 

The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

 

(4)

 

The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:

 

 

 

Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

 

(5)

 

The salaries and allowances payable to and other terms and conditions of service of—

 

 

(a)

the State Chief Information Commissioner shall be the same as that of an Election Commissioner;

 

 

(b)

the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:

 

 

 

Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

 

 

 

Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:

 

 

 

Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.

 

(6)

 

The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

17

(1)

 

Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

 

(2)

 

The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.

 

(3)

 

Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—

 

 

 

(a) is adjudged an insolvent; or

 

 

(b) 

has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or

 

 

(c)

engages during his term of office in any paid employment outside the duties of his office; or

 

 

(d)

is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or

 

 

(e)

has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

 

(4)

 

If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.

CHAPTER V

Powers and functions of the Information Commissions, appeal and penalties

18

(1)

 

Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—

 

 

(a) 

who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;

 

 

(b) 

who has been refused access to any information requested under this Act;

 

 

(c)

who has not been given a response to a request for information or access to information within the time limit specified under this Act;

 

 

(d)

who has been required to pay an amount of fee which he or she considers unreasonable;

 

 

(e)

who believes that he or she has been given incomplete, misleading or false information under this Act; and

 

 

(f)

in respect of any other matter relating to requesting or obtaining access to records under this Act.

 

(2)

 

Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

 

(3)

 

The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—

 

 

(a)

summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

 

 

(b) 

requiring the discovery and inspection of documents;

 

 

(c)

receiving evidence on affidavit;

 

 

(d) 

requisitioning any public record or copies thereof from any court or office;

 

 

(e)

 issuing summons for examination of witnesses or documents; and

 

 

(f) 

any other matter which may be prescribed.

 

(4)

 

Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.

19

 (1)

 

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

 

 

 

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

(2) 

 

Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

 

(3)

 

A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:

 

 

 

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

(4)

 

 If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

 

(5)

 

In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

 

(6)

 

An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

 

(7)

 

The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

 

(8)

 

In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—

 

 

(a)

require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—

 

 

 

(i) 

by providing access to information, if so requested, in a particular form;

 

 

 

(ii)

by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;

 

 

 

(iii) 

by publishing certain information or categories of information;

 

 

 

(iv)

by making necessary changes to its practices in relation to the maintenance, management and destruction of records;

 

 

 

(v)

by enhancing the provision of training on the right to information for its officials;

 

 

 

(vi) 

by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;

 

 

(b) 

require the public authority to compensate the complainant for any loss or other detriment suffered;

 

 

(c)

impose any of the penalties provided under this Act;

 

 

(d)

reject the application.

 

(9)

 

The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

 

(10)

 

The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

20

(1)

 

Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:

 

 

 

Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:

 

 

 

Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.

 

(2)

 

Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

CHAPTER VI

Miscellaneous

21

 

 

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

22

 

 

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

23

 

 

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

24

(1)

 

 Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:

 

 

 

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

 

 

 

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

 

(2)

 

The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

 

(3)

 

Every notification issued under sub-section (2) shall be laid before each House of Parliament.

 

(4)

 

Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

 

 

 

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

 

 

 

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

 

(5)

 

Every notification issued under sub-section (4) shall be laid before the State Legislature.

25

(1) 

 

The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.

 

(2)

 

Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.

 

(3) 

 

Each report shall state in respect of the year to which the report relates,—

 

 

(a) 

the number of requests made to each public authority;

 

 

(b)

the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;

 

 

(c)

 the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;

 

 

(d)

particulars of any disciplinary action taken against any officer in respect of the administration of this Act;

 

 

(e)

the amount of charges collected by each public authority under this Act;

 

 

(f)

any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;

 

 

(g)

 recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.

 

(4) 

 

The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.

 

(5) 

 

If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

26

(1)

 

The appropriate Government may, to the extent of availability of financial and other resources,—

 

 

(a)

develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;

 

 

(b)

encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;

 

 

(c)

promote timely and effective dissemination of accurate information by public authorities about their activities; and

 

 

(d)

 train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

 

(2) 

 

The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

 

(3)

 

The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include—

 

 

(a)

 the objects of this Act;

 

 

(b)

the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;

 

 

(c)

the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

 

 

(d)

the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;

 

 

(e)

 the assistance available from the Central Information Commission or State Information Commission, as the case may be;

 

 

(f)

all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;

 

 

(g)

the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;

 

 

(h)

the notices regarding fees to be paid in relation to requests for access to an information; and

 

 

(i)

any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

 

(4)

 

The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

27

(1)

 

The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

 

(2)

 

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

 

 

(a)

the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

 

 

(b)

the fee payable under sub-section (1) of section 6;

 

 

(c)

the fee payable under sub-sections (1) and (5) of section 7;

 

 

(d)

 the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;

 

 

(e)

the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and

 

 

(f)

any other matter which is required to be, or may be, prescribed.

28

(1)

 

The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

 

(2)

 

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

 

 

(i)

the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

 

 

(ii)

the fee payable under sub-section (1) of section 6;

 

 

(iii)

the fee payable under sub-section (1) of section 7; and

 

 

(iv)

any other matter which is required to be, or may be, prescribed.

29

(1)

 

Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

(2)

 

Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.

30

 (1)

 

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

 

 

 

Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.

 

(2)

 

Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

31

 

 

The Freedom of Information Act, 2002 is hereby repealed.

THE FIRST SCHEDULE

[See sections 13(3) and 16(3)]

 

 

 

Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner

"I, ....................., having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner/State Information Commissioner 
swear in the name of God
solemnly affirm 
that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".

THE SECOND SCHEDULE

(See section 24)

 

 

 

Intelligence and security organisation established by the Central Government

 

 

1.

Intelligence Bureau.

 

 

2.

Research and Analysis Wing of the Cabinet Secretariat.

 

 

3.

Directorate of Revenue Intelligence.

 

 

4.

Central Economic Intelligence Bureau.

 

 

5.

Directorate of Enforcement.

 

 

6.

Narcotics Control Bureau.

 

 

7.

Aviation Research Centre.

 

 

8. 

Special Frontier Force.

 

 

9. 

Border Security Force.

 

 

10.

Central Reserve Police Force.

 

 

11.

Indo-Tibetan Border Police.

 

 

12.

Central Industrial Security Force.

 

 

13.

National Security Guards.

 

 

14.

Assam Rifles.

 

 

15.

Special Service Bureau.

 

 

16.

Special Branch (CID), Andaman and Nicobar.

 

 

17.

The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.

 

 

18.

Special Branch, Lakshadweep Police.

 

 

Followers

Wednesday, July 1, 2009

ADVOCATE ACT 1961

THE ADVOCATES ACT, 1961

CONTENTS

CHAPTER I

PRELIMINARY

1.

Short title, extent and commencement.

2.

Definitions.

CHAPTER II

BAR COUNCILS

3.

States bar Councils.

4.

Bar Council of India.

5.

Bar Council to be body corporate.

6.

Functions of State Bar Councils.

7.

Functions of Bar Council of India.

7A.

Membership in International Bodies.

8.

Term of office of members of State Bar Council.

8A.

Constitution of Special Committee in the absence of Election.

9.

Disciplinary Committees.

9A.

Constitution of Legal Aid Committees.

10.

Constitution of Committee other than Disciplinary Committees.

10A

Transaction of business by Bar Councils and Committees thereof.

10B.

Disqualification of members of Bar Council.

11.

Staff of Bar Council.

12.

Accounts and Audit.

13.

Vacancies in Bar Councils and Committees thereof not to invalidate action taken.

14.

Election to Bar Councils not to be questioned on certain grounds.

15.

Power to make Rules.

CHAPTER III

ADMISSION AND ENROLMENT OF ADVOCATES

16.

Senior and other Advocates.

17.

State Bar Councils to maintain roll of Advocates.

18.

Transfer of name from one State roll to another.

19.

State Bar Councils to send copies of Rolls of Advocates to the Bar Council of India.

20.

Special provision for enrolment of certain Supreme Court advocates.

21.

Disputes regarding seniority.

22.

Certificate of enrolment.

23.

Right of pre-audience.

24.

A person who may be admitted is an advocate on a State roll.

24A.

Disqualification for enrolment.

25.

Authority to whom applications for enrolment may be made.

26.

Disposal of an application for admission as an Advocate.

26A.

Power to remove names from roll.

27.

Application once refused not to be entertained by another Bar Council except in certain circumstances.

28.

Power to make rules.

CHAPTER IV

RIGHTS TO PRACTICE

29.

Advocates to be the only recognised class of persons entitled to Practice law.

30.

Right of advocates to Practice.

31.

Omitted.

32.

Power of Court to permit appearances in particular cases.

33.

Advocates alone entities to practice.

34.

Power of High Courts to make rules.

CHAPTER V

CONDUCT OF ADVOCATES

35.

Punishment of advocates for duct.

36.

Disciplinary powers of Bar-Council of India.

36A.

Changes in constitution of disciplinary committee.

36B.

Disposal of disciplinary proceedings.

37.

Appeal to the Bar Council of India.

38.

Appeal to the Supreme Court.

39.

Application of Sections 5 and 12 of Limitation Act, 1963.

40.

Stay of order.

41.

Alteration in roll of Advocate.

42.

Powers of disciplinary committee.

42A.

Power of, Bar Council of India and other committees.

43.

Cost of proceedings before a disciplinary committee.

44.

Review of orders by disciplinary committee.

CHAPTER VI

MISCELLANEOUS

45.

Penalty for persons illegally practicing in courts and before other authorities.

46.

Omitted.

46A.

Financial assistance to State Bar Council.

47.

Reciprocity.

48.

Indemnity against legal proceedings.

48A.

Power of revision.

48AA.

Review.

48B.

Power to give directions.

49.

General Power of the Bar Council of India to make rules.

49A.

Power of Central Government to make rules.

50.

Repeal of certain enactments.

51.

Rule of construction.

52.

Saving.

CHAPTER VII

TEMPORARY AND TRANSITIONAL PROVISIONS

53.

Elections to first State Bar Council.

54.

Term of office of members of first [* * *] State bar council.

55.

Right of certain existing legal practitioners not affected.

56.

Dissolution of existing Bar Council.

57.

Power to make rules pending the constitution of a Bar Council.

58.

Special provisions during the transitional period.

58A.

Special provisions with respect to certain period.

58AA.

Special provisions in relation to the Union territory of Pondicherry.

58AB.

Special provisions with respect to certain persons enrolled by Mysore State Bar Council.

58AC.

Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.

58AD.

Special provisions with respect to certain persons migrating India.

58AE.

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

58AF.

Special provisions in relation to Jammu and Kashmir.

58AG.

Special provisions in relation to articled clerks.

58B.

Special provisions relating to certain disciplinary proceedings.

59.

Removal of difficulties.

60.

Powers of Central Government to make rules.

THE SCHEDULE.

THE ADVOCATES ACT, 1961

[Act No. 25 of 1961]

[19th May, 1961]

An Act to amend and consolidate the law relating to legal practitioners and to provide for the Constitution of Bar Council and on All India Bar.

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the Advocates Act, 1961.

1[(2) It extends to the whole of India].

(3) It 2[shall, in relation to the territories other than those referred to in sub-section(4),come into force] on such date3 as the Central Government may, by notification in the Official Gazette, appoint and different dates3 may be appointed for different provisions of this Act.

4[(4) This Act shall, in relation to the State of Jammu and Kashmir and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]

COMMENTS

Merely because a law causes hardship, it cannot be interpreted in a manner so as to defeat its object. (Molar Mal v. M/S Iron Works (P)Ltd, AIR 2000 SC 1261(1267).

Whenever there are two possible interpretations, its true meaning and legislative’s intent has to be gathered from the ‘Preamble’ and ‘Statement of Objects and Reasons.’(Qarry Owners Association v. State of Bihar, AIR 2000 SC 2870(2886).

1. Subs by the Act No. 60 of 1973, S. 2, for sub-section (2), w.e.f. 31-1-1974.

2. Subs. by S. 2 of Act 60 of 1973, for "shall come into force", w.e.f. 31-1-1974.

3. The provisions of the Act have been brought into force as under.—

Date

Provisions

Notification

16-8-1961

Chaps. I, II and VII

S.O. 1870, dt. 7-8-1961, Gazette of India, Extra., Pt. II, S. 3(ii), p. 1237.

1-12-1961

Chap. III and S. 50(2)

S.O. 2790, dt. 24-11-1961, ibid., p. 1723.

15-12-1961

S.50(1)

S.O. 2919, dt. 1312-1961, ibid., p. 1745

24-1-1962

Ss. 51 and 52

S.O. 297, dt. 24-1-1962, ibid., p. 169

29-3-1962

S. 46

S.O. 958, dt. 29-3-1962, ibid., 589

4-1-1963

S. 32 and Chap. VI (except S. 46 sub-section (1) and (2) of S. 50, Ss. 51 and 52)

S.O. 50, dt. 4-1-1963, ibid., p. 1.

1-9-1963

Chap. V

S.O. 2509, dt. 31-8-1963, ibid., p. 513.

1-6-1969

Ss. 29, 31, 33 and 34 of Chap IV

S.O. 1500, dt. 5-4-1969, ibid., p. 569

4. Ins. by Act 60 of 1973, S. 2, w.e.f. 31-1-1974.

2. Definitions.—1[(1)] In this Act, unless the context otherwise requires, .—

(a) “Advocate” means an advocate entered in any roll under the provisions of this Act;

(b) “Appointed day” in relation to any provision of this Act, means the day on which that provision comes into force;

2(c) [* * *]

(d) “Bar Council” means a Bar Council constituted under this Act;

(e) “Bar Council of India” means the Bar Council constituted under Section 4 for the territories to which this Act extends;

3(f) [* * *]

(g) “High Court” except in sub-section (1) 4[and sub-section (IA)] of Section 34 and in Section 42 and 43 does not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means.–

(i) In the case of a Bar Council constituted for a State for a State and one or more Union territories, the High Court for the State;

(ii) In the case of the Bar Council constituted for Delhi, 5[the High Court of Delhi];

(h) “Law graduate” means a. person who has obtained a bachelor’s degree in law from any university established by law in India;

(i) “Legal practitioner” means an advocate, 6[or vakil] of any High Court, a pleader, and mukhtar or revenue agent;

(j) “Prescribed” means prescribed by rules made under this Act;

(k) “Roll” means a roll of advocates prepared and maintained under this Act;

(l) “State” does not include a Union territory;

(m) “State Bar Council” means Bar Council constituted under section3;

(n) “State roll” means a roll of advocates prepared and maintained by State Bar Council under Section 17.

7[(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or in/the State of Goa, Daman and Diu, shall, in relation to that State or that territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.]

1. S. 2 renumbered as sub-section (1) of that Section by S. 3, ibid., w.e.f. 31-1-1974.

2. Omitted by Act No. 107 of 1976, S. 2, w.e.f. 15-10-1976.

3. Omitted by S. 3, ibid., w.e.f. 31-1-1974.

4. Ins. S. 3, ibid., w.e.f. 31-1-1974.

5. Subs. by S. 3, ibid., for, "the High Court of Punjab", w.e.f. 31-1-1974.

6. Subs. by Act No. 107 for 1976, S. 2, w.e.f. 15-10-1976.

7. Ins. By Act No. 60 of 1973, S. 3, w.e..f 31-1-1974.

CHAPTER II

BAR COUNCILS

3. State Bar Councils.—(1) There shall be a Bar Council—

(a) For each State of Andhra Pradesh, Bihar, Gujrat, 1[Jammu and Kashmir], 2[Jharkhand], Madhya Pradesh 3[Chattisgarh], 4[* * *] 5[* * *], Mysore, Orissa, Rajasthan and Uttar Pradesh, 6[and Uttaranchal] to be known as the bar Council of that State.

1. Ins. by Act No. 60 of 1973, S. 4.

2. Ins. by Act 30 of 2000, S. 28, w.e.f. 15-11-2000.

3. Ins. by Act 28 of 2000, S. 24, w.e.f. 1-11-2000.

4. The word "Madras" omitted by Act 26 of 1968, S. 3 and Sch.

5. The word "Maharashtra" omitted by Reg. 8 of 1963, S. 12, w.e.f. 107-1965.

6. Ins. by Act 29 of 2000, S. 29, w.e.f 9-11-2000.

1(b) For the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, Mizoram and Arunachal Pradesh;]

1. Subs. by Act 69 of 1986, S. 19, w.e.f. 20-2-1987.

(c) For the State of Kerala and the Union territory of Lakshadweep, Minicoy and Amindivi island to be known as the Bar Council of Kerala;

1[(cc) For the 2[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras.]

1. Ins. by Act 26 of 1968, S. 3 and Sch.

2. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "State of Madras", w.e.f. 14-1-1969.

1[2[(ccc) For the State of Maharashtra and Goa, and the Union territories of Dadra and Nagar Haveli and Daman and Diu to be known as the Bar Council of Maharashtra and Goa;]]

1. Ins. by Reg. 8 of 1963, S. 12, w.e.f. 1-7-1965.

2. Subs. by Act 18 of 1987, S. 21, w.e.f. 30-5-1987.

1[(d) For the State of Punjab and Haryana, and the Union territory of Chandigarh to be known as the Bar Council of Punjab and Haryana;

(dd) For the State of Himachal Pradesh to be known as the Bar Council of Himachal Pradesh.]

1. Subs. by Act 53 of 1970, S. 24, w.e.f. 25-1-1971.

(e) For the State, of West Bengal and the 1[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and

(f) For the Union territory of Delhi, to be known as the Bar Council of Delhi.

1. Subs. by Act 81 of 1971, S. 34, for "Union Territories of Tripura and the Andaman and Nicobar Islands", w.e.f. 21-1-1972.

(2) A State Bar Council shall consist of the following members, namely.—

(a) In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex-officio; 1[in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex-officio; in the case of the state council Bar of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex-officio;] and in the case of any other State Bar Council, the Advocate.—General of the State, ex-officio;

1. Ins. by Act 60 of 1973, S. 4, w.e.f. 31-1-1974.

1[(b) In the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council, with all electorate exceeding, five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:]

2[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of’ India, be persons who have for at least ten years been advocates on a Slate roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the persons has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).]

1. Subs. by S. 4, ibid., for Cl. (b), w.e.f. 31-1-1974.

2. Ins. by Act 21 of 1964, S. 2.

1[(3) There shall be a Chairman and a Vice-Chairman of’ each State Bar Council elected by the Council in such manner as may be prescribed.

(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act. 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977, charge of the office.]

1. Subs. by Act 38 of 1977, S. 2, w.e.f. 31-10-1977.

1(4) An advocate shall be disqualified front voting at all election under sub-section (2), or of being chosen as, and for being a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may he made an electoral roll shall be prepared and revised from time to time by each State Bar council.

(5) Nothing in the proviso to subsection (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1904 but every election after such commencement shall he held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.]

1. Ins. by Act 21 of 1964, S. 2.

1[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]

1. Ins. By Act 60 f 1973, S. 4, w.e.f 31-1-1974.

4. Bar Council of India.—(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely.—

(a) The Attorney General of India, ex-officio;

(b) The Solicitor-General of India, ex-officio;

1[(bb) 2[* * *]]

(c) One member elected by each State Bar Council from amongst its members.

3[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of Section 3]

4[(2) There shall be a Chairman and a Vice-Chairman of the Council of India elected by the council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977, shall on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that such person shall continue to carry on the duties, of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.]

5[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,—

(i) In the case of a member of a State Bar Council who holds office ex-officio, be two years from the date of his election 6[or till he ceases to he a member of the State Bar Council, whichever is earlier]; and

(ii) In any other case, be for the period for which be he holds office as a member of the State Bar Council:

Provided that every such member shall continue to hold as a member of the Bar Council of India until his successor is elected.]

1. Ins. by Act. No. 60 of 1973, S. 4, w.e.f. 31-1-1974.

2. Omitted by Act No. 38 of 1977, S. 3, w.e.f. 31-10-1977.

3. Ins. by S. 5, Act 60 of 1973, w.e.f. 31-1-1974.

4. Subs. by Act 38 of 1977, S. 3, w.e.f. 31-10-1977.

5. Ins. by Act 21 of 1964, S. 3.

6. Ins. by S. 5, Act 60 of 1973, w.e.f. 31-1-1974.

5. Bar Council to be body corporate.—Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued.

6. Functions of State Bar Councils.—(1) The functions of State Bar Council shall be.—

(a) To admit persons as advocates on its roll;

(b) To prepare and maintain such roll;

(c) To entertain and determine cases of misconduct against advocates on its roll;

(d) To safeguard the rights, privileges and interests of advocates on its roll;

1[(dd) To promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of Section 7;]

(e) To promote and support law reform;

2[(ee) To conduct seminars and practice talks on legal topics by eminent jurists and journals and papers of legal interest;

(eee) To practice legal aid to the poor in the prescribed manner;]

(f) To manage and invest the funds of the Bar Council;

(g) To provide for the election of its members;

3[(gg) To visit and inspect Universities in accordance with the directions given under clause (i) of sub-Section (1) of Section7;]

(h) To perform all other functions conferred on it by or under this Act;

(i) To do all other things necessary for discharging the aforesaid functions

4[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of.—

(a) Giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;

(b) Giving legal aid or advice in accordance with the rules made in this behalf;]

1[(C) Establishing law libraries.]

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section].

1. Ins. By Act No. 70 of 1993, S. 2.

2. Ins. By Act No. 60 of 1973, S. 6, w.e.f. 31-1-1974.

3. Ins. By Act No. 70 of 1993, S. 2.

4. Sub Sections (2) and (3) subs. by Act No. 60 of 1973.

7. Functions of Bar Council of India.—1[(1)]The functions of the Bar Council of India shall be.—

2(a) [* * *]

(b) To lay down standards of professional conduct and etiquette for advocates;

(c) To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) To safeguard the rights, privileges and interests of advocates;

(e) To promote and support law reform;

(f) To deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) To exercise general supervision and control over State Bar Councils;

(h) To promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) To recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf];

4[(ia) To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(ib) To organise legal aid to the poor in the prescribed manner;

(ic) To recognise on a reciprocal basis foreign qualifications in law obtained outside Indian for the purpose of admission as advocate under this Act;]

(j) To manage and invest the funds of the Bar Council;

(k) To provide for the election of its members;

(l) To perform all other functions conferred on it by or under this Act;

(m) To do all other things necessary for discharging the aforesaid functions;

5[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of.—

(a) Giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;

(b) Giving legal aid or advice in accordance with the rules made in this behalf;

6[(c) Establishing law libraries.]

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section].

1. S. 7 renumbered as sub-section (!) of that section by S. 7 of Act 60 of 1973, w.e.f. 31-1-1974.

2. Cl (a) omitted by S. 7, ibid., w.e.f. 31-1-1974.

3. Added by Act 70 of 1993, S. 3.

4. Ins. by Act 60 of 1973, S. 7, w.e.f. 31-1-1974.

5. Ins. by ibid., w.e.f. 31-1-1974.

6. Ins. by Act 70 of 1993, S. 3.

1[7A. Membership in international bodies.—The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar.]

1. Ins. by S. 8, Act 60 of 1973.

1[8. The term of office of an elected member of a State Bar Council.—The than an elected member thereof referred to in Section 54) shall be five years from the date of publication of the result of his election:

Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order for reasons to be recorded in writing, extend the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months.

(2) An outgoing member shall continue in office until the publication of the result of the election of his successor.]

1. Omitted by Act No. 60 of 1973.

8A. Constitution of Special Committee in the absence of election.—(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in Section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of—

(i) The ex-officio member of the State Bar Council referred to in clause (a) of sub-section of Section(2) to be the Chairman:

Provided that where there are in more than one ex officio members the senior-most amongst them shall be the Chairman; and

(ii) Two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.

(2) On the constitution of the Special Committee and until the State Bar Council is constituted.—

(a) All properties and assets vesting in the State Bar Council shall vest in the Special Committee;

(b) All rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;

(c) All proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.

(3) The Special Committee constituted under subsection (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reason the special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.]

1. S. 8 and 8-A subs. for S. 8 by Act 70 of 1993, S. 4.

1[9. Disciplinary Committees.—(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co.—opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of Section 3 and who are not members of the Council, and the senior.—most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.

(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964, (21 of 1964) may dispose of the proceeding pending before it as if this section had not been amended by the said Act.]

1. Subs. by Act 21 of 1964, S. 5, for S.9.

1[9A. Constitution of legal aid Committees.—(1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed.

(2) The qualifications, the method of, selection and the term of office of the member of a legal aid committee shall be such as may be prescribed.]

1. Ins. By Act No. 60 of 1973, S. 9, w.e.f. 31-1-1974.

10. Constitution of committee other than disciplinary committees.—(1) A State Bar Council shall constitute the following standing committees, namely.—

(a) An executive committee consisting of five members elected by the Council from amongst its members;

(b) An enrolment committee consisting of three members elected by the Council from amongst its members.

(2) The Bar Council of India shall constitute the following standing committees, namely.—

(a) An executive committee consisting of nine members elected by the Council from amongst its members;

(b) A legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co.—opted by the Council who are not members thereof.

(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees, as it may deem necessary for the purposes of carrying out the provisions of this Act.

1[10A. Transaction of business by Bar Councils and committees thereof.—2[(1) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine.

(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine.]

(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils.

(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.

(5) The disciplinary committees constituted under Section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.

1. Ins. by S. 10, Act 60 of 1973, w.e.f. 31-1-1974.

2. Subs. by Act No. 70 of 1993, S. 5.

1[2[10B.]Disqualification of members of Bar Council.—An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India.]

1. Renumbered by Act No. 60 of 1973, S. 10, w.e.f. 31-1-1974.

11. Staff of Bar Council.—(1) Every Bar Council shall appoint a Secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary.

(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.

12. Accounts and audit.—(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.

(2) The accounts of Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed.

1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the Official Gazette.

(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India].

1. Subs. by Act 60 of 1973, S. 11 for sub-sections (3), w.e.f. 31-1-1974.

13. Vacancies in Bar Councils and Committees thereof not to invalidate action taken.—No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council or committee, as the case may be.

14. Election to Bar Councils not to be questioned on certain grounds. –No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette.

15. Power to make rules.—(1) A Bar Council may make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for.—

1[(a) The election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of elections shall be published];

(b) 2[* * *]

3[(c) The manner of election of the Chairman and the Vice-Chairman of the Bar Council;]

(d) The manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council 3[or to the office of the Chairman or Vice-Chairman] shall be finally decided;

(e) 4[* * *]

(f) The filling of casual vacancies in the Bar Council;

(g) The powers and duties of the Chairman and the Vice-Chairman of the Bar Council;

5(ga) The constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in subsection (2) of Section 6 and sub-section (2) of Section 7;

(gb) Organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given];

(h) The summoning and holding of meetings of the Bar Council, the conduct of business thereat, and the number of members necessary to constitute a quorum;

(i) The constitution and function of any committee of the Bar Council and the term of office of members of any such committee;

(j) The summoning and holding of meetings, 6[* * *] the conduct of business of any such committee, and the number of members necessary to constitute a quorum;

(k) The qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council;

(l) The maintenance of books of accounts and other books by the Bar;

(m) The appointment of auditors and the audit of the accounts of the Bar Council;

(n) The management and investment of the funds of the Bar Council.

(3) No rules made under this section by a State Bar Council Shall have effect unless the Bar Council of India has approved them.

1. Subs. By Act No. 60 of 1973,

2. Cl. (b) omitted by S. 12, ibid., w.e.f. 31-1-1974.

3. Restored by Act 38 of 1977, S. 5, w.e.f. 31-10-1977.

4. Cl. (e) omitted by Act No. 23 of 1966, S. 3, (retrospectively).

5. Ins. by Act No. 60 of 1973, S. 12, w.e.f. 31-1-1974.

6. Certain words omitted by Act 60 of 1973, S. 12, w.e.f. 31-1-1974.

CHAPTER III

ADMISSION AND ENROLMENT OF ADVOCATES

16. Senior and other advocates.—(1) There shall be two classes of advocates, namely, senior advocates and other advocates.

(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.

(3) Senior advocates, shall in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.

(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:

2[Provided that where any such senior advocate makes an application before the 31st December, 1965, to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly].

COMMENTS

Duties and status of a senior advocate- see ES Reddy v. Chief Secretary of AP, AIR 1987 SC 1550.)

1. Subs. By Act No. 60 of 1973, S. 13, for, “experience and standing at the Bar.”w.e.f. 31-1-1974.

2. Ins. By Act No. 21 of 1964, S. 8.

17. State Bar Councils to maintain roll of advocates.—(1) Every State Bar Council, shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of.—

(a) All persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) immediately before the appointed day 1[including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935, and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council;

(b) All other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.

(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates.

(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 2[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows.—

(a) The seniority of an advocate referred to in clause (a) sub-section (1) shall be determined in accordance with his date of enrollment under the Indian Bar Council Act, 1926 (38 of 1926);

(b) The seniority of any person who was a senior advocate of the Supreme Court immediately before, the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify;

(c) 3[* * *]

(d) The seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be.

4[(e) Notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether before or after the commencement5 of the Advocates (Amendment) Act, 1980] as an advocate shall be determined in accordance with the date of his enrolment as an attorney].

(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.

1. Subs. by Act No. 60 of 1973, S. 14, for and who, within the prescribed time", w.e.f. 31-1-1974.

2. Subs. by Act 21 of 1964, S. 9, for “and, such seniority shall be determined”.

3. Cl. (c) omitted by Act 60 of 1973, S. 14, w.e.f. 31-1-1974.

4. Ins. by Act 47 of 1980, S. 2, 29-11-1980.

5. Nov. 29, 1980.

18. Transfer of name from one State roll to another.—(1) Notwithstanding anything contained in Section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make in application in the prescribed from to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the Bar Council of India shall direct that name of such person shall without the payment of any fee, be removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction:

1[Provided that where any application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been. Made bona fide and that the transfer should not be made, the Bar Council of India may, after giving the person making the application an opportunity of making representation in this behalf, reject the application.]

(2) For the removal of doubts it is hereby declared that where on an application made by an advocate under sub-section (1), his name is transferred from the roll of one State Bar Council to that of another, he shall retain the same seniority in the latter roll to which he was entitled in the former roll.

1. Ins. By Act 21 of 1964, S. 10.

19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.—Every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations in, the addition to, any such roll, as soon as the same have been made.

1[20. Special provision for enrolment of certain Supreme Court advocates.—(1) Notwithstanding anything contained in this Chapter, every advocate who is entitled as of right to practice in the Supreme, Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and the State bar Council concerned shall comply with such direction.

(2) Any entry in the State roll made in compliance with the direction of Bar Council of India under sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of sub-section (3) of Section 17.

(3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.]

1. Subs. by Act No. 60 of 1973, S. 15 for S. 20, w.e.f. 31-1-1974.

21. Disputes regarding seniority.—(1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other.

1[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.]

1. Subs. by S. 16, Act No. 60 of 1973 for sub-section (2), w.e.f. 31-1-1974.

1[22. Certificate of enrolment.—(1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council of every person whose name is entered in the roll of advocates maintained by it under this Act.

(2) Every person whose name is so entered in the State roll shall notify any change in the place of his permanent residence to the State Bar Council concerned within ninety days of such change.]

1. Subs. by Act No. 60 of 1973, S. 17, for S. 22, w.e.f. 31-1-1974.

23. Right of pre-audience.—(1) The Attorney General of India shall have pre-audience over all other advocates.

(2) Subject to the provisions of sub-section (1), the Solicitor-General of India shall have pre-audience over all other advocates.

(3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall have pre-audience over all other advocates.

1[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.]

(4) Subject to the provisions of sub-section (1), 2[(2), (3) and (3A)] the Advocate General of any State shall have pre-audience over all other advocates, and, the right of pre-audience among Advocates-General inter se shall be determined by their respective seniority.

(5) Subject as aforesaid-

(i) Senior advocates shall have pre-audience over other advocates; and

(ii) The right of pre-audience over senior advocates inter se and other advocates inter se shall be determined by their respective seniority.

1. Ins. by Act No. 47 of 1980, S. 3, 29-11-1980.

2. Subs. by Act No. 47 of 1980, S. 3, 29-11-1980.

24. Persons who may be adopted as advocates on a State roll.—(1) Subject to the provisions of this Act, and the rules made there under, 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 practise 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 1[12th day of March, 1967] from any University, in the territory of India; or

(ii) Before the 15th 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

2[(iii) After the 12th day of March, 1967, save as provided in sub.—clause (iii) After undergoing a three years course of study in law from any University in India which is recognised 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 recognised for the purposes of this Act by the Bar Council of India; or]

3(iv) In any other case, from any University outside the territory of India, if the degree is recognised for the purpose of this Act by the Bar Council of India] or;

4[He is a barrister and is called to the Bar on or before the 31st day of December, 1976 5[or has passed the articled clerks’ 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 recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]:

(d) 6[* * *]

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

7[(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 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council]:

If where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to the effect from such authority as may be scribed, the enrolment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees].

10[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 subsection (1) 11[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 revisions of this Act, not later than two years from the appointed, day, and

(b) Fulfills the conditions specified in clauses (a), (b) and (f) of subsection (1)

12[(3) Notwithstanding anything contained in subsection (1) a person who—

(a) 13[* * *] has, for at least three years, been a vakil or a pleader or a mukhtar or was entitled at any time to be enrolled under any law 14[* * *] 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

15[(aa) Before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise 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) 16[* * *]

(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.

(e) 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) Fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section

(4) 17[* * *]

COMMENTS

Rule baring entry of persons who carry professions other than legal profession held not arbitrary. (Haniraj L. Chulani v. Bar Council of Maharashtra & Goa, AIR 1996 SC 1708).

1. Subs. by S. 18, ibid., for, "28th day of February, 1963", w.e.f. 31-1-1974.

2. Subs. by Act No. 60 of 1973, S. 18, for sub-clause (iii), w.e.f. 31-1-1974.

3. Ins. by Act 21 of 1964, S. 13.

4. Subs. by Act 60 of 1973, S. 18, for "he is a barrister", w.e.f. 31-1-1974.

5. Ins. by Act 107 of 1976, S. 6, w.e.f. 15-10-1976.

6. C. (d) omitted by S,. 18, ibid., w.e.f. 31-1-1974.

7. Subs. by S. 18, Act 60 of 1973, for cl. (f), w.e.f. 31-1-1974.

8. Subs. for "two hundred and fifty rupees", by Act 70 of 1993, S. 6.

9. Subs. for "one hundred and twenty-five rupees" by Act 70 of 1993, S. 6.

10. Ins. by Act 14 of 1962, S. 2.

11. Subs. by Act 21 of 1964, S. 13, for certain words.

12. Ins. by Act 21 of 1964, S. 13.

13. The words and figures "before the 31st day of March, 1964", omitted by Act 33 of 1968, S. 2, w.e.f. 5-6-1968.

14. The words "then in force" omitted by S. 2., ibid., w.e.f. 5-6-1968.

15. Ins. by Act 60 of 1973, S. 18, w.e.f. 31-1-1974.

16. Cl. (b) omitted by S. 18, ibid., w.e.f. 31-1-1974

17. Omitted by Act 107 of 1976, S. 6, w.e.f. 15-10-1976.

1[24A. Disqualification for enrolment.—(1) No person shall be admitted as an advocate on a State roll.—

(a) If he is convicted of an offence involving moral turpitude;

(b) If he is convicted of an offence under the provisions of the Untouchables (Offences) Act, 1955;

2[(c) If he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.

Explanation.—In this clause, the expression ‘State’ shall have the meaning assigned to it under article 12 of the Constitution:]

If the disqualification for enrolment as afore said shall cease to have effect after a period of two years has elapsed since his 3[release or dismissal or, as the case may be, removal.]

(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the provision of the Probation of Offenders Act, 1958 (20 of 1958)].

1. Ins. by S. 19, Act 60 of 1973, w.e.f. 15-10-1976.

2. Ins. by Act No. 70 of 1993, S. 7.

3. Subs. for "release" by Act 70 of 1993, S. 7.

25. Authority to whom applications for enrolment may be made.—An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practise.

26. Disposal of an application for admission as an Advocate.—(1) State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-section (2) and (3), 1[and to any direction that may be given in writing by the State Bar Council in this behalf] such committee shall dispose of the application in the prescribed manner:

1[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.]

(2) Where the enrolment committee of State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application.

(3) The enrolment committee of State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India.

1[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.]

1. Ins. by Act No. 21 of 1964, S. 14.

1[26A. Power to remove names from roll.—A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.]

1. Subs. by Act No. 60 of 1973, S. 20, for S. 26-A, w.e.f.31-1-1974.

27. Application once refused not to be entertained by another Bar Council except in certain circumstances.—Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an advocate on its roll, except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India.

28. Power to make rules.—A State Bar Council may make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for.—

1[(a) The time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a State bar Council under Section 20;]

(b) 2[* * *]

(c) The form in which an application shall be made to the Bar Council for admission as an advocate on its roll and the manner in which such application shall be disposed of by the enrolment committee of the Bar Council;

(d) The conditions subject to which a person may be admitted as an advocate on any such roll:

(e) The instilments in which the enrolment fee may be paid.

(3) No rules made under this Chapter shall have effect unless the Bar Council of India has approved them.

1. Subs. by Act 60 of 1973, S. 21 for Cl. (a), w.e.f. 31-1-1974.

2. Cl. (b) omitted by S. 21, ibid.

CHAPTER IV

RIGHTS TO PRACTISE

29. Advocates to be the only recognised class of persons entitled to practice law.—Subject to the provisions of this Act and any rules made there under, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

30. Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends.—

(i) In all Courts including the Supreme Court;

(ii) Before any tribunal or person legally authorised to take evidence; and

(iii) Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.

1. Subs. by S. 22, Act 60 of 1973 for "common roll", w.e.f. 31-1-1974.

31. Special provision for attorneys.—1[* * *]

1. Omitted by Act No. 107 of 1976, S. 7, w.e.f. 31-1-1977.

32. Power of Court to permit appearances in particular cases.—Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

33. Advocates alone entitle to practise.—Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on of after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.

34. Power of High Courts to make rules.—(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto.

1[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s advocate upon all proceedings in the High Court or in any Court subordinate thereto.

2[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in Section 58 AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.]

(3) 3[* * *]

1. Ins. by Act No. 60 of 1973, S. 23, w.e.f.31-1-1974.

2. Ins. By Act No. 38 of 1977, S. 6, w.e.f. 31-10-1977.

3. Omitted by Act No. 107 of 1977, S. 8, w.e.f. 1-1-1977.

CHAPTER V

CONDUCT OF ADVOCATES

35. Punishment of advocates for misconduct.—(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

1[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee mid direct the inquiry to be made by any other disciplinary committee of that State Bar Council;]

(2) The disciplinary committee of a State Council, 2[* * *] shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely—

(a) Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;

(b) Reprimand the advocate;

(c) Suspend the advocate from practice for such period as it may deemed fit;

(d) Remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause(c) of subsection (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.

(5) Where any notice is issued to the Advocate.—General under subsection (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

3[Explanation.—In this section 4[Section 37 and Section 38] the expression Advocate General and Advocate-General of the State’ shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India].

1. Ins. by S. 24, ibid., w.e.f. 31-1-1974.

2. The words "if it does not summarily reject the complaint", omitted by Act 60 of 1973, S. 24, w.e.f. 31-1-1974.

3. Ins. by Act 21 of 1964, S. 17.

4. Ins. by Act 60 of 1973, S. 24, w.e.f. 31-1-1974.

36. Disciplinary powers of Bar Council of India.—(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 1[* * *] whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

(2) Notwithstanding anything contained in this Chapter the disciplinary committee of the Bar Council of India may, 2[either of its own motion or on a report by any State Bar Council or an application made to it by any person interested], withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.

(3) The disciplinary committee of the Bar Council of India disposing of any case under this section, shall observe, so far as may be, the procedure laid down in Section 35, the references to the Advocate-General in that section being construed as references to the Attorney-General of India.

(4) In disposing of any proceedings under this section the disciplinary committee of’ the Bar Council of India may make any order which the disciplinary committee of a State Bar Council can make under sub-section (3) of Section 35, and where any proceedings have been withdrawn for inquiry 3[before the disciplinary committee of the Bar Council of India] the State Bar Council concerned shall give effect to any such order.

1. The words "on the common roll" omitted by S. 25, Act 60 of 1973, w.e.f. 31-1-1974.

2. Subs. by S. 25, ibid., for "of its own motion", w.e.f. 31-1-1974.

3. Subs. by Act 60 of 1973, S. 25, for "before the Bar Council of India", w.e.f. 31-1-1974.

1[36A. Changes in constitution of disciplinary committees.—Whenever in respect of any proceedings under Section 35 or Section 36, a disciplinary committee of the State Bar Council or a disciplinary committee of the Bar Council of India cease to exercise jurisdiction and is succeeded by another committee which has and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council of India, as the case may be, so succeeding may continue the proceedings from the stage at which the proceedings were so left by its predecessor committee.

36B. Disposal of disciplinary proceedings.—(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of Section 36.

(2) Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates (Amendment) Act” 1973, any proceedings in respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of the State bar Council shall dispose of the same within a period of six months from the date of such commencement or within a period of one year from the date of the receipt of the complaint or, as the case may be, the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing which such other proceedings shall stand transferred to the Bar Council of India for disposal under sub-section (1).]

1. Ins. by S. 26, ibid., w.e.f. 31-1-1974.

37. Appeal to the Bar Council of India.—(1) Any person aggrieved by in order of the disciplinary committee of a State Bar Council made 1[under Section 35] 2[or the Advocate-General of the State] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India.

(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass such order 2[including an order varying the punishment awarded by the disciplinary committee of the State Bar Council] thereon as it deems fit.

2[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.]

1. Subs. by Act No. 21 of 1964, S. 18, for the words ‘under subsection (3) of Section 35".

2. Ins. by Act No. 60 of 1973.

38. Appeal to the Supreme Court.—Any person aggrieved by an order made by’ the disciplinary committee of the Bar Council of India under Section 36 or Section 37 1[or the Attorney-General of India or the Advocate-General of the State concerned as the case may be], within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such order.1[including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India] thereon as it deems fit:

1[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.]

1. Ins. by Act No. 60 of 1973.

1[39. Application of Sections 5 and 12 of Limitation Act, 1963.—The provisions of Sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under Section 37 and Section 38.]

1. Subs. by S. 29, Act 60 of 1973, w.e.f. 31-1-1974.

40. Stay of order.—1[(1)] An appeal, made under Section 37 or Section 38, shall not operate as a stay of the order appealed against, but the disciplinary committee of tire Bar Council of India or the Supreme Court, as the case may be, (c) may for sufficient cause direct the stay of such order on such terms and conditions as it may deem fit.

2[(2) Where an application is made for the stay of the order before the expiration of the time allowed for appealing there from under Section 37 or Section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.]

1. S. 40 was renumbered as sub-section (1) of that section by S. 30, ibid., w.e.f. 31-1-1974.

2. Ins. by S. 30, ibid., w.e.f. 31-1-1974.

41. Alteration in roll of Advocates.—(1) Where an order is made under this Chapter reprimanding or suspending an advocate, a record of the punishment shall be entered against his name.—

(a) In the case of an advocate whose name is entered in a State roll, in that roll.

(b) 1[* * *]

Anywhere any order is made removing an advocate from practice his name shall be struck off the State roll. 1[* * *]

(2) 1[* * *]

(3) Where any advocate is suspended or removed from practice, the certificate granted to him under Section 22, in respect of his enrolment shall be recalled.

1. Omitted by Act No. 60 of 1973, S. 31, w.e.f. 31-1-1974.

42. Powers of disciplinary committee.—(1) The disciplinary committee of the Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely—

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring discovery and production of any documents;

(c) Receiving evidence on affidavit;

(d) Requisitioning any public record or copies thereof from any court or office;

(e) Issuing commissions for the examination of witness or documents;

(f) Any other matter, which may be prescribed:

Provided that no such disciplinary committee shall have the right to require the attendance of.—

(a) Any presiding officer of a court except with the previous sanction of the High Court to which court is subordinate;

(b) Any officer of a revenue court except with the previous sanction of the State Government.

(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning (.if Sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1960), and every such disciplinary committee shall be deemed to be a civil court for the purpose of Sections 480, 482and 485 of Code of Criminal Procedure, 1898 (5 of 1898)1.

(3) For the purpose of exercising any of the powers conferred by subsection (1), a disciplinary committee may send to any civil court in the territories to which this Act extends, any summons or other process, for the attendance of a witness or the production of a document required by the committee or any commission which it desires to issue, and civil court shall cause such process to be served or such commission to be issued as the case may be, and may enforce any such process as if it were a process for attendance or production before itself.

2[(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on a date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on any such date:

Provided that no final orders of the nature referred to in sub-section (3) of Section 35 can be made in any proceedings unless the Chairman and other members of the disciplinary committee are present.

(5) Where no final order of the nature referred to in subsection (3) of Section 35 can be made in any proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon, shall be laid before the Chairman of the Bar Council concerned or if the Chairman of’ the Bar Council is acting as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council, and the said Chairman or the Vice-Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.]

1. Corresponding sections of the new Code of 1973 are Ss. 345 (1), 346 and 349.

2. Ins. by Act 60 of 1973, S. 32, w.e.f. 31-1-1974.

1[42A. Power of Bar Council of India and other committees.—The provisions of Section 42, shall so far as may be, apply in relation to tie Bar Council of India, the enrolment committee, the election committee., the legal aid committee, or any other committee of a Bar Council as they apply in relation to the disciplinary committee of a Bar Council.]

1. Ins. by S. 33, Act No. 60 of 1973, w.e.f. 31-1-1974.

43. Cost of proceedings before a disciplinary committee.—The disciplinary committee to a Bar Council may, make such order as to the cost of any proceedings before it as it may deem fit and any such order shall be executable as if it were an order.—

(a) In the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme Court;

(b) In the case of an order of the disciplinary committee of a State Bar Council of the High Court.

44. Review of orders by disciplinary committee.—The disciplinary committee of a Bar Council may of its own motion or otherwise review any order 1[within sixty days of the date of that order] passed by it under this Chapter:

If no such order of review of the disciplinary committee of a State Bar shall have effect unless it has been approved by the Bar Council of India.

1. Ins. by S. 34, Act 60 of 1973, w.e.f. 31-1-1974.

CHAPTER VI

MISCELLANEOUS

45. Penalty for persons illegally practicing in courts and before other authorities.—Any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.

46. Payment of part of enrolment fees to the Bar Council of India.—1[* * *]

1. Omitted by Act No. 70 of 1993, S. 8.

1[46A. Financial assistance to State Bar Council.—The Bar Council of India may, if it is satisfied that any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]

1. Ins. by Act 60 of 1973, S. 35, w.e.f. 31-1-1974.

47. Reciprocity.—(1) Where any country, specified by the Central Government. In this behalf by notification in the Official Gazette, prevents citizens of India from Practicing the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the profession of law in India.

Subject to the provisions of sub-section (1), the Bar Council of India may prescribe the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognised for the purpose of admission as all advocate under this Act.

48. Indemnity against legal proceedings.—No suit or other legal proceeding shall lie against any Bar Council or any committee thereof or a member of a Bar Council 1[or any Committee thereof] for any act in good faith done or intended to he done in pursuance of the provisions of this Act or of any rules made there under.

1. Ins. by S. 36, ibid., w.e.f. 31-1-1974.

1[48A.Power of revision.—(1) The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a Committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal it may pass such orders in relation thereto as it may think fit.

(2) No order, which prejudicially affects any person, shall be passed under this section without giving him a reasonable opportunity of being heard.]

2[48AA. Review.—The Bar Council of India or any of its committees. Other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this Act.]

48B.Power to give directions.—(1) For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with, such directions.

(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect notwithstanding anything contained in the rules made by the State Bar Council.]

1. Ss. 48-A and 48-B ins. by Act 21 of 1964, S. 19.

2. Ins. by Act 60 of 1973, S. 37, w.e.f. 31-1-1974.

49. General power of the Bar Council of India to make rules.—1[(1)] The Bar Council of India may make rules for discharging its functions under this Act and particular, such rules may prescribe.]

2[(a) the conditions subject to which an advocate may he entitled to vote at an election to the State Bar Council, including the qualifications or disqualifications of voters, and the matter in which an electoral roll of voters may be prepared and revised by a State Bar Council;

(ab) Qualifications for membership of a Bar Council and the disqualifications for such membership;

(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of Section 3;

(ad) The manner in which the name of any advocate may be prevented from being entered in more than one State roll;

(ae) The manner in which the seniority among advocates may be determined;

3[(af) The minimum qualifications required for admission to a course of degree in law in any recognised University;]

(ag) The class or category of persons entitled to be enrolled as advocates;

(ah) The conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;]

The form in which an application shall be made for the transfer of the names of advocates from one State roll to another;

(c) The standards of professional conduct and etiquette to be observed by advocates;

(d) The standards of legal education to be observed by university in India and the inspection of Universities for that purpose;

(e) The foreign qualifications in law obtained by person other than citizens of India, which shall be recognised for the purpose of admission as an advocate under this Act;

(f) The procedure to be followed by the disciplinary committee of State Bar Council and by its own disciplinary committee;

(g) The restrictions in the matter of practice to which senior advocates shall be subject;

4[(gg) The form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal];

(h) The fees, which may be levied in respect of any matter under this Act;

5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Councils of India may be enforced;]

(j) Any other matter, which may be prescribed:

4[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have approved by the Chief Justice of India]:

6[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government.

4[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any Rule made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before commencement of the Advocates (Amendment) Act, 1973, shall continue in force until altered or amended in accordance with the provisions if this Act.]

1. Section 49 renumbered as sub-section (1) by Act No. 60 of 1973, and sub-section (2) added.

2. Clauses (a) to (ah) subs. by Act 21 of 1964, S. 20, for cl. (a).

3. Subs. by Act 60 of 1973, S. 38, fo rCl. (af), w.e.f. 31-1-1974.

4. Ins. by Act 60 of 1973, S. 38, w.e.f. 31-1-1974.

5. Subs. by Act 21 of 1964, S. 20, for Cl. (i).

6. Subs. by Act 60 of 1973, S. 38 for "Provided that", w.e.f. 31-1-1974.

1[49A. Power of central government to make rules.—(1) The Central Government may, by notification in the official Gazette, make for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or State Bar Council has power to make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.—

(a) Qualification of membership of Bar Council and disqualifications for such membership;

(b) The manner in which the Bar Council of India may exercise supervision and control over state Bar Council and the manner in which the directions issued or orders made by the Bar Council of India may be enforced;

(c) The class or category of persons entitled to be enrolled as advocates under this Act;

(d) The category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub-section (1) of Section24;

(e) The manner in which seniority among advocates may be determined;

(f) The procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;

(g) Any other matter, which may be prescribed.

(3) Rules under this section may be made either for the whole of India or for all or any of the Bar Councils.

(4) If any provision of a rule made by a bar Council is repugnant to nay provision of a rule made by the Central Government under this section, then, the rule under this section, whether made before or after the rule made by the Bar Council shall prevail and the rule made by the Bar Council shall, to the extent of the repugnancy, be void.

2[(5) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is session for a total period of thirty days Which may be comprised in one session or in two or more successive sessions and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule].

1. Ins. by Act No. 21 of 1964, S. 21.

2. Subs. by Act No. 60 of 1973, S. 39, for sub-section (5), w.e.f. 31-1-1974.

50. Repeal of certain enactments.—(1) On the date on which a State Bar Council is constituted under this Act, the provisions of Sections 3 to 7 (inclusive), sub-sections (1), (2) and (3) of Section 15 and Section 20 of the Indian Bar Council Act, 1926 (38 of 1926), shall stand repealed in the territory for which the State Bar Council is constituted.

(2) On the date on which Chapter III comes into force, the following shall stand repealed namely.—

(a) Sections 6, 7, 18, and 37 of the Legal Practitioners Act, 1879 (18 of 1879) and so much of Sections 8, 9, 16, 17, 19 and 41 of that Act as relate to the admission and enrolment of legal practitioners;

(b) Sections 3, 4 and 6 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);

(c) So much of Section 8-of the Indian Bar Councils Act, 1926 (38 of 1926), as relate to the admission and enrolment of legal practitioners; the provisions of the Letters Patent of any High Court and of any other law in so far as they relate to the admission and enrolment of legal practitioners.

(3) On the date on which Chapter IV comes into force, the following shall stand repealed, namely.—

(a) Sections-4, 5, 10, and 20 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of Sections 8, 9, 19 and 41 of that Act as confer on legal practitioners the right to practise in any court or before any authority or person;

(b) Sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);

(c) Section 14 of the Indian Bar Councils Act, 1926 (39 of 1926), and so much of Sections 8 and 15 of that Act as confer on legal practitioners the right to practise in any court or before any authority or person;

(d) The Supreme Court Advocates (Practice in High Courts) Act, 1951 (18 of 1951);

(e) The provisions of the Letters Patent of any High Court and of any other law conferring on legal practitioners the right to practise in any, court or before any authority or person.

(4) On the date on which Chapter V comes into force, the following shall stand repealed, namely.—

(a) Sections 12 to 15 (inclusive), Sections 21 to 24 (inclusive) and Sections 39 and 40 of the Legal Practitioners Act, 1879 (19 of 1979), and so much of Sections 16, 17 and 41 of that Act as relate to the suspension, removal or dismissal of legal practitioners;

(b) Sections 24 to 27 (inclusive) of the Bombay Pleaders Act, 1920 (17 of 1920);

(c) Sections 10 to 13 (inclusive) of the Indian Bar Council Act, 1926 (38 of 1926);

(d) The provisions of the Letters Patent of any High Court and of any other law in so far as they relate to the suspension, removal or dismissal of legal practitioners,

(5) When the whole of this Act has come into force.—

(a) The remaining provisions of the Acts referred to in this section which do not stand repealed by virtue of any of the foregoing provisions of this section (except Sections 1, 3 and 36 of the Legal Practitioners Act, 1879 (19 of 1879) shall stand repealed;

(b) The enactments specified in the Schedule shall stand repealed to the extent mentioned therein.

51. Rule of construction.—On and from the appointed day, references in any enactment to an advocate enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under this Act.

52. Saving.—Nothing in this Act shall be deemed to affect the power for the Supreme Court to make rules under Article 145 of the Constitutional.—

(a) For laying down the conditions subject to which a senior advocate shall be entitled to practise in that Court;

(b) For determining the persons who shall be entitled to 1[act or plead] in that Court.

1. Subs. for "act" by Act No. 70 of 1993, S. 9.

CHAPTER VII

TEMPORARY AND TRANSITIONAT, PROVISIONS

53. Elections to first State Bar Council.—Notwithstanding anything contained in this Act, the elected members of a State Bar Council constituted for the first time under this Act, shall be elected by and from amongst advocates, vakils, pleaders and attorneys who on the date of the election, are entitled as of right to practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be constituted.

Explanation.—Where the territory for which the Bar Council is to be constituted includes a Union territory, the expression ‘High Court’ shall include the Court of the Judicial Commissioner of that Union territory.

54. Term of office of members of first State Bar Council.—Notwithstanding anything contained in this Act the term of office of the 1[* * *] elected members of 2[* * *] State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council:

3[Provided that such members shall continue to hold office until the State Bar Council is reconstituted in accordance with the provisions of this Act.]

1. The words "nominated and" omitted by Act 14 of 1962, S. 3.

2. The words "the Bar Council of India and" omitted by Act 21 of 1964, S. 22 (retrospectively).

3. Ins. by S. 22, ibid., (retrospectively).

55. Right of certain existing legal practitioners not affected.—Notwithstanding anything contained in this Act.—

(a) Every pleader or vakil practising as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of.—the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of 1920), or any other law who does not elect to be or is not qualified to be enrolled as an advocate under this Act:

(b) 1[* * *]

2[(c) every mukhtar practising as such immediately before the said date by virtue the provisions of the Legal Practitioners Act, 1879, or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act;

(b) Every revenue agent practising as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act, 1879 or any other law];

Shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) or other law, continue to enjoy the same rights as respects practice in any court or revenue office or before any 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 Acts or law aforesaid shall have effect in relation to such persons as if they had not been repealed.

1. Omitted by Act No. 107 of 1976, S. 10, w.e.f. 1-1-1977.

2. Subs. by Act 21 of 1964, S. 23, for Cl. (c).

56. Dissolution of existing Bar Councils.—(1) On the constitution under this Act of a State Bar Council other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council):

(a) All properties and assets vesting in the corresponding Bar Council shall vest in the new Bar Council;

(b) All rights, liabilities, and obligations of the corresponding Bar Council whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of this new Bar Council;

(c) All proceedings pending before the corresponding Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the new Bar Council.

(2) In this section, ‘corresponding Bar Council’ in relation to a State Bar Council, other than the Bar Council of Delhi, means the Bar Council for the High Court in the territory for which the State Bar Council is constituted under this Act.

57. Power to make rules pending the constitution of a Bar Council.—Until a Bar Council is constituted under this Act the power of that Bar Council to make rules under this Act shall be exercised.—

(a) In the case of the Bar Council of India, by the Supreme Court;

(b) In the case of a State Bar Council, by the High Court.

1[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 nay order of a court or otherwise, the functions of the Bar Council or any Committee thereof, in so far 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 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.

(3) Notwithstanding anything contained in this Act, every person who immediately before the Ist 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, or of the Bombay Pleaders Act, 1920, 2[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 in so far as they relate to 3[the renewal Or the issue by way of renewal] of a certificate to a legal practitioner authorizing him to practise shall have effect until Chapter IV comes into force and, accordingly, every certificate issued or renewed to 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.

1. Ss. 58 and 59 ins. by Act 14 of 1962, S. 4, (retrospectively)

2. Subs. by Act 32 of 1962, S. 3, for certain words (retrospectively)

3. Subs. by Act 21 of 1964, S. 24 for "the issue and renewal".

4. Ins. by Act 32 of 1962, S. 3 (retrospectively)

1[58A. Special provisions With respect to certain Advocates.—(1) Notwithstanding anything contained in this Act, all advocates who immediately before the 26th day of July, 1948, were entitled to practise in the High Court in Allahabad or the Chief Court in Oudh and who under the provisions of the United Provinces High Courts (Amalgamation) Order, 1948 were recognised as advocates entitled to practise in the new High Court of Judicature at Allahabad but whose names were not formally entered on the roll of advocates of that High Court merely by reason of the non.—payment of the fee payable to the Bar Council of the said High Court, and all advocates were enrolled as such between the said date and the 26th day of May, 1952; shall, for the purposes of clause (a) (1) of Section 17 be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 and every such person may, on an application being made in this behalf, be admitted as advocate on the State roll of Uttar Pradesh.

(2) Notwithstanding anything contained in this Act, all advocates who immediately before the 10th day of October, 1952 were entitled to practise in the High Court of Hyderabad but whose names were not formally entered on the roll of advocates of that High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of Section 17 be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra.

(3) Notwithstanding anything contained in this Act, all advocates, who, immediately before the 1st day of May, 1960, were entitled to practise in the High Court of Bombay and who applied to get names entered on the roll of advocates of the High Court of Gujarat under the provisions of Section 8 of the Indian Bar Councils Act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause (a) of sub-section (1) of Section 17, be deemed to be persons who were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat.

(4) Notwithstanding anything contained in this Act, all persons who immediately before the 1st day of December, 1961, were advocates on the roll of the Court of Judicial Commissioner in any Union territory under any law in force in that territory shall, for the purposes 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 and every such person may, on an application made in this behalf, be admitted as an advocate on the State roll maintained in respect of that territory.]

1. Ss. 58-A and 58-B ins. by Act 21 of 1964, S. 25.

1[58AA. Special provisions in relation to the Union territory of Pondicherry.—(1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter II are brought into force in the Union territory of Pondicherry, 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 purposes of clause (a) of subsection, (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, and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted. as an advocate on the State roll maintained in respect of the said Union territory.

(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 Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue to the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968, continue to enjoy the same rights as respects in any .,court or revenue office or before any 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.]

1. Ins. by Act No. 26 of 1968, S. 3 and Sch.

1[58AB.Special provisions with respect to certain persons enrolled by Mysore State Bar Council.—Notwithstanding anything contained in this Act or any judgment, decree or order of any court or any resolution passed or direction given by the Bar Council of India, every person who was admitted as iii advocate on the State roll by the State Bar Council of Mysore during the period beginning with the 28th day of February, 1963, and ending on the 31st day of March, 1964, on the basis of his having obtained a certificate of leadership from the High Court of Mysore, shall, save as otherwise provided, be deemed to have been validly admitted as an advocate on that State roll and accordingly entitled to practice the profession of law (whether by way of acting or both):

If where any such person has been elected to be enrolled as an advocate on the roll of any other State Bar Council, his name shall be deemed to have been struck off the roll of the State Bar Council, of Mysore from the date he was enrolled by the other State Bar Council:

Provided further that the seniority of such person, whether his name is borne on the State roll of the State bar Council of Mysore, or on the State roll of any other Bar Council, shall, for the purposes of clause (d) of subsection (3) of Section 17, be determined by reckoning the 16th day of May, 1964, as the date of admission.]

1. Ins. by Act No. 33 of 1968, S. 3, w.e.f. 5-6-1968.

1[58AC. Special provision with respect to certain persons enrolled by Uttar Pradesh State Bar Council.—Notwithstanding anything contained in this Act or any judgment, decree or order of any court, every person who was enrolled as an advocate by the High Court during the period beginning with the 2iid day of January, 1962 and ending on the 25th day of May, 1962 and was subsequently admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly admitted as an advocate on that State roll from the date of his enrolment by the High Court and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both).

1. Sections 58AC to 58AF ins. by Act No.60 of 1973, S. 40, w.e.f. 31-1-1974.

58AD. Special provisions with respect to certain persons migrating India.—Not withstanding the repeal by this Act of the provisions of the Legal Practitioners Act, 1879, or of any other law relating to the admission and enrolment of legal practitioners (hereafter it, this Section referred to as such Act or law), every person who migrates to the territory of India from any area which, before the 15th day of August, 1947, was comprised within India as defined in the Government of India Act, 1935, and who has, before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force therein, may be admitted and enrolled under the relevant provisions of such Act or law as a pleader, mukhtar or, as the case may be, revenue agent, if he-

(a) Makes an application for the purpose to the appropriate authority under such Act or law; and

(b) Is a citizen of India and fulfills other conditions, if any, specified in this behalf by the appropriate authority aforesaid, and notwithstanding the repeal by this Act of the relevant provisions of such Act or law, every pleader, mukhtar or revenue agent so enrolled shall have the same right as respects practise in any court or revenue office or before any other authority or person and be subject to the disciplinary jurisdiction of the same authority to which he would he subject under the relevant provisions of such Act or law as if they had been repealed and accordingly, those provisions shall have effect in relation to such persons.

58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.—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 subsection (1) of Section 17, be deemed to be persons who were entered as advocates on the roll of High Court under the Indian Bar Councils Act, 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:

If the provisions of this subsection 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, continues 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 which does not stand repealed by virtue of the provisions of Section 50 of this Act, shall also stand repealed.

58AF. Special provisions in relation to Jammu and Kashmir.—(1) Notwithstanding any thing 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 practise in the High Court of that State, 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, Hand every such person may, on an application made 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 practise 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 in 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 Subsection (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 of Jammu and Kashmir, 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 therein, or who does not elect to be or is not qualified to be enrolled as an advocate under subsection (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 practise 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.

(4) On the date on which this Act or any part thereof comes into force in the State of Jammu and Kashmir, the law in force in that State which corresponds to this Act or such part thereof which does not stand repeated by virtue of the provisions of Section 50 of this Act shall also stand repealed.]

1[58AG. Special provisions in relation to articled clerks.—Notwithstanding anything contained in this Act,. every person who immediately before the 31st day of December, 1976 has commenced his articleship and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with the rules made under sub-section (2) of Section 34, before the omission of that sub-section by the Advocates (Amendment) Act 1976 (107 of 1976), may be admitted as an advocate on the State roll if he.—

(i) Passes, on or before the 31st day of December, 1980,.—

(a) “The Final examination in a case where such person has before the 31st day of December, 1976, passed the Intermediate examination.

(b) The Intermediate and the Final examination in any other case.

Explanation.—For the purpose of this clause, the High Court at Calcutta may prescribe such rules as may be necessary under sub-section (2) of Section 34, specifying the nature of the examination and any other matter relating thereto:

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

(iii) Fulfills the conditions specified in clauses (a), (b), (e) and (f) of Sub-section (1) of Section 24]

1. Ins. by Act. 38 of 1977, S. 7, w.e.f. 31-10-1977.

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 to 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, as 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 II 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 subsection (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 subsection (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 there under.

(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 Councils 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.

59. Removal of difficulties.—(1) If any difficulty irises in giving effect to the provision of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provision not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

An order under sub-section (1) may be made to have retrospective effect from the date not earlier than the 1st day of December 1961.

1[60. Powers of Central Government to make rules.—(1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government.

(2) The Central Government after consultation with by notification in the official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.

(3) Where in respect of any matter any rules are made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar Council with effect from such date as may be specified in the notification, and on the issue of such notification the rules made by the Central Government shall, accordingly, cease to be in force except as respects thing done or omitted to be done before the said date.]


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