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Section 4 – The Advocates Act, 1961

The Advocates Act, 1961

 

 

Section.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[***]

 

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

 

2[(1 A) 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.]

 

3[(2) There shall be a Chairman and a Vice-Chairman of the Bar 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 (38 of 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 (38 of 1977), assumes charge of the office.]

 

4[(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 [or till he ceases to be a member of the State Bar Council, whichever is earlier;] and

 

(ii) in any other case, be for the period for which 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. Clause (bb) omitted by Act 38 of 1977 sec. 3 (w.e.f. 31-10-1977).

2. Inserted by Act 60 of 1973 sec 5 (w.e.f. 31-1-1974)..

3. Substituted by Act 38 of 1977 sec 3 for sub-section (2) (w.e.f. 31-10-1979).

4. Inserted by Act 21 of 1964 sec.3

 

 

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