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Section 2 – The Advocates Act, 1961

The Advocates Act, 1961

 

 

Section.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;

 

(c) 2[***]

 

(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;

 

(f) 3[***]

 

(g) “High Court”, except in sub-section (1) 4[and sub-section (1A)] of section 34 and in sections 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 or 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 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 a Bar Council constituted under section 3;

 

(n) “State roll” means a roll of advocates prepared and maintained by a 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 Union Territory 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. Section 2 renumbered as sub-section (1) thereof by Act 60 of 1973, sec. 2 (w.e.f. 31-1-1974).

2. Clause (c) omitted by Act 107 of 1976, sec. 2 (w.e.f. 15-10-1976).

3. Clause (f) omitted by Act 60 of 1973 sec 3 (w.e.f. 31-01-1974.)

4. Ins. by Act 60 of 1973 sec. 3 (w.e.f. 31-1-1974.)

5. Subs. by Act 60 of 1973 sec. 3 for the High Court of Punjab (w.e.f. 31-1-1974.)

6. Subs. by Act 107 of 1976 sec. 2 for vakil or attorney (w.e.f. 15-10-1976).

7. Ins. by Act 60 of 1973 sec. 3 for vakil or attorney (w.e.f.15-10-1976.)

 

* Goa is now a state, see Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987),
sec. 3 (w.e.f. 30-5-1987).

 

 

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