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Section 50 – The Advocates Act, 1961

The Advocates Act, 1961

 

Section.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(1), (2) and (3) of Section 15 and Section 20 of the Indian Bar Council Act, 1926 (38 of 1926), shall stand repealed in the territory for which the State Bar Council is constituted.

 

(2) On the date on which Chapter III comes into force, the following shall stand repealed namely.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

 

(d) 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(3) On the date on which Chapter IV comes into force, the following shall stand repealed, namely: –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 195 1);

 

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(4) On the date on which Chapter V comes into force, the following shall stand repealed, namely: –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

 

COMMENTS

 

(i) Sub-se
ction (1) of section 50 was brought into force on 15-12-1961, vide Gazette of India, Extra., Pt. II, sec. 3(ii), p. 1745, dated 13th December, 1961.

 

(ii) Dates on which the State Bar Councils were set up are as follows:—

 

The Bar Council of Madras                           11-11-1961

The Bar Council of Orissa                            17-11-1961

The Bar Council of Andhra Pradesh           20-11-1961

The Bar Council of Kerala                            2-12-1961

The Bar Council of Karnataka                      3-12-1961

The Bar Council of Assam                         15-12-1961

The Bar Council of Punjab (Haryana)        16-12-1961

The Bar Council of Gujarat                         16-12-1961

The Bar Council of Uttar Pradesh              17-12-1961

The Bar Council of Rajasthan                     22-12-1961

The Bar Council of Maharashtra                 28-12-1961

The Bar Council of Madhya Pradesh         13-1-1962

The Bar Council of Bihar                              16-1-1962

The Bar Council of Delhi                              22-1-1962

The Bar Council of West Bengal                17-4-1962

The Bar Council of Himachal Pradesh        7-11-1971

The Bar Council of India                              18-8-1962

 

(iii) Sub-section (2) of section 50 was brought into force on 1-12-1961 vide Gazette of India, Extra., Pt. II, sec. 3(ii), p. 1723, dated 24th November, 1961.

 

(iv) Sub-section (4) of section 50 was brought into force on 1-9-1963 vide Gazette of India, Extra., Pt. II, sec. 3(ii), p. 513, dated 31st August, 1963.

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