[1] [(1) ??In this Act, unless the context otherwise
requires,- (a) "advocates"
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[8],
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. ] STATE AMENDMENTS UNION TERRITORY OF LADAKH [9] [Section
2.--In sub-section (2), omit "in the State of Jammu and Kashmir or",
"that State or".] (1) Notwithstanding
anything 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, and 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 on 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 sub-section (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 practicing 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 sub-section (1) or sub-section (2), shall,
notwithstanding the repeal by this Act of the relevant provisions of such law,
or before any other authority or person and be subject to the disciplinary
jurisdiction of the same 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 repealed by virtue of the provisions
of section 50 of this Act shall also stand repealed.] STATE AMENDMENTS UNION TERRITORY OF LADAKH [10] [Section
58AF--Omit.] [1]
Section 2
renumbered as sub-section
(1) thereof by Act 60 of 1973, section 2 w.e.f. 31-7-1974. [2] Clause (c) omitted by Act 107 of 1976,
section 2. [3] Clause (f) omitted by Act 60 of
1973, section 3. [4] Inserted by Act 60 of 1973,
section 3. [5] Substituted By Act 60 of 1973,
section 3 [6] Substituted by Act No. 107 of 1976,
section 2. [7] Inserted by Act 60 of 1973,
section 2. [8] Goa is now a state, see Goa, Daman
and Diu Reorganization Act, 1987 (18 of 1987), Section 3 w.e.f.
30-5-1987. [9] Vide Union Territory of
LadakhReorganisation (Adaptation of Central Laws) Order, 2020, Order No.
SO3774(E), dated 23.10.2020. [10] Vide Union Territory of
LadakhReorganisation (Adaptation of Central Laws) Order, 2020, Order No.
SO3774(E), dated 23.10.2020.ADVOCATES
ACT, 1961 (LADAKH AMENDMENT)