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Union of India - Section

Section 3 in The Advocates Act, 1961

3. State Bar Councils.

(1)There shall be a Bar Council
(a)for each of States of Andhra Pradesh, Bihar, Gujarat, [Jammu and Kashmir] [ Inserted by Act 60 of 1973, Section 4 (w.e.f. 31.1.1974).], [Jharkhand] [ Inserted by Act 30 of 2000, Section 28 (w.e.f. 15.11.2000).], [Madhya Pradesh and Chhattisgarh] [ Substituted by Act 28 of 2000, Section 24. for " and Madhya Pradesh" (w.e.f. 1.11.2000).], [* * *] [ The word " Madras" omitted by Act 26 of 1968, Section 3 and Sch.], [* * *] [[ The word
" Maharashtra" omitted by Regulation 8 of 1963, Section 12 (w.e.f.1.7.1965).]], [Karnataka] [ Substituted by the Mysore State (Alteration of Name) Adaptions of Laws on Union Subjects) Ordeeeeer, 1974, for "Mysore" (w.e.f. 1.11.1973).], Orissa, Rajasthan, [Uttar Pradesh] [ Substituted by Act 29 of 2000, Section 29, for " and Uttar Pradesh" (w.e.f. 9.11.2000).] [Uttarakhand, Meghalaya, Manipur and Tripura] [Substituted for the words of "and Uttaranchal" Act No. 26 of 2012] to be known as the Bar Council of that State;
(b)[ for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;] [Substituted by Act No. 26 of 2012]
(c)for the State of Kerala and the Union territory of [Lakshadweep,] [ Substituted by Act 34 of 1973, Section 5, for " Laccadive, Minicoy and Admindivi islands" .] to be known as the Bar Council of Kerala;
(cc)[] for the [State of Tamil Nadu] [ Inserted by Act 26 of 1968, Section 3 and Sch.] and the Union territory of Pondicherry, to be known as the Bar Council of Madras;]
(ccc)[ for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;] [ Substituted by Act 18 of 1987, Section 21, for Clause (ccc) as initially inserted by Regn, 8 of 1963, Section 12 and relettered by Act 26 of 1968, Section 3 and Sch. and subsequently amended by Act 60 of 1973, Section 4.]
(d)[ for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; [ Substituted by Act 53 of 1970, Section 24, for Clause (d) (w.e.f. 25.1.1971).]
(dd)for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;]
(e)for the State of West Bengal and the [Union territory of Andaman and Nicobar Islands] [ Substituted by Act 81 of 1971, Section 34, for " Union territories of Tripura and the Andaman and Nicobar Islands" (w.e.f. 21.1.1972).], to be known as the Bar Council of West Bengal; and
(f)for the Union territory of Delhi, to be known as the Bar Council of Delhi.
(2)a State Bar Council shall consist of the following members, namely:
(a)in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio, [in the case of the State Bar Council of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland] [Substituted by "in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura" Act No. 26 of 2012], ex officio; [in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio] [ Inserted by Act 60 of 1973, Section 4 (w.e.f. 31.1.1974).]; and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;
(b)[ in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of the State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:] [ Substituted by Act 60 of 1973, Section 4, for Clause (b) (w.e.f. 31.1.1974).]
[Provided that as nearly as possible one-half of such elected members shall subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).] [ Inserted by Act 21 of 1964, Section 2 (w.e.f. 16.5.1964).]
(3)[ There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.(3-A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council 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 every 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 each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.] [ Substituted by Act 38 of 1977, Section 2, for sub-sections (3) and (3-A) (w.e.f. 31.10.1977).]
(4)[ An advocate shall be disqualified from voting at an election under sub-section (2)or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.
(5)Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.] [ Inserted by Act No. 21 of 1964, (w.e.f. 16.5.1964).]
(6)[ Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.] [ Inserted by Act 60 of 1973, Section 5 (w.e.f. 31.1.1974).]
Additional Information - North-Eastern Areas ▼
As per North-Eastern Areas (Reorganisation) And Other Related Laws (Amendment) Act, No. 26 of 201210. Special provision relating to Bar councils and advocates.- (1) Any person·who immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 is an advocate on the roll of the Bar Council of the States of Assam, Nagaland, Meghalaya, Manipur and Tripura may give his option in writing, within one year from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 to the Bar Council of such State, to transfer his name on the roll of the Bar Council of any Ole State among the States of Meghalaya, Manipur and Tripura and notwithstanding anything contained in the Advocates Act, 1961 and the rules made thereunder, upon such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of such State with effect from the date of the option so given for the purposes of the said Act and the rules made thereunder.(2) The persons other than the advocates who are entitled immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, to practise in the common High Court or any subordinate Court thereof shall, on and after the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, be recognised as such persons entitled also to practise in the High Court of Meghalaya, the High Court of Manipur· and the High Court of Tripura or any subordinate Court thereof, as the case may be.(3) The right of audience in the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall be regulated in accordance with the like principles as immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 are in force with respect to the right of audience in the common High Court.11. Right to appear or to act in proceedings transferred to High Courts of Meghalaya, Manipur and Tripura.- Any person who, immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, is an advocate entitled to practise or any other person entitled to practise in the common High Court and was authorised to appear in any proceedings transferred from that High Court to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura under section 28-1 of the North-Eastern Areas (Reorganisation) Act, 1971 shall have the right to appear in the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the case may be, in relation to those proceedings.