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Section 24 – The Advocates Act, 1961

The Advocates Act, 1961

 

Section.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, 19671 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]:

 

6[(d) * * *]

 

(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]:

 

Provided that 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 be9[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 13[* * *] 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

 

14[(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]

 

15[(b) * * *]

 

(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 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

 

16[(4) * * *]

1. Subs. by Act 60 of 1973 sec. 18 for 28th day of February 1963 (w.e.f. 31-1-1974).

2. Subs. By Act No. 60 of 1973 sec 18 for clause (iii) (w.e.f. 31-1-1974).

3. Ins by act 21 of 1964 sec. 13.

4. Subs. by Act 60 of 1973 sec. 18 for he is a barrister (w.e.f. 31-1-1974).

5. Ins. By Act No. 107 of 1976 sec. 6 (w.e.f. 15-10-1976).

6. Clause (d) omitted by Act 60 of 1973 sec. 18 (w.e.f. 31-1-1974).

7. Clause (f) subs. by Act 60 of 1973 sec. 18 (w.e.f. 31-1-1974).

8. Subs. By Act No. 70 of 1993 sec 6.

9. Subs. By Act No. 70 of 1993 sec 6.

10. Ins. By Act No. 14 of 1962 sec. 2

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

12. Sub-section (3) and (4) ins. by Act 21 of 1964 sec. 13.

13. The words before the 31st day of March 1964 and then in force omitted by act 33 of 1968 sec. 2 (w.e.f. 5-6-1968).

14. Sub-clause (aa) ins by act 60 of 1973 sec. 18 (w.e.f. 31-1-1974).

15. Sub clause (b) omitted by Act 60 of 1973 sec. 18 (w.e.f. 31-1-1974).

16. Sub-section (4) omitted by Act 107 of 1976 sec. 6.

 

 

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