45. Penalty for persons illegally practising in courts and before other authorities.―Any person who
practises in any court or before any authority or person, in or before whom he is not entitled to practise under
the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
[46. Payment of part of enrolment fees to the Bar Council of India].―Omitted by Act 70 of 1993, s. 8
(w.e.f. 26-12-1993).
1
[46A. Financial assistance to State Bar Council.―The Bar Council of India may, if it is satisfied that
any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such
financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]
47. Reciprocity.―(1) Where any country, specified by the Central Government in this behalf by
notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects
them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the
profession of law in India.
(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribe the conditions, if
any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be
recognised for the purpose of admission as an advocate under this Act.
48. Indemnity against legal proceedings.―No suit or other legal proceeding shall lie against any Bar
Council or any committee thereof or a member of a Bar Council 2
[or any committee thereof] for any act in
good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made
thereunder.
3
[48A. Power of revision.―(1) The Bar Council of India may, at any time, call for the record of any
proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and
from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him
a reasonable opportunity of being heard.
4
[48AA. Review.―The Bar Council of India or any of its committees, other than its disciplinary
committee, may of its own motion or otherwise review any order, within sixty days of the date of that order,
passed by it under this Act.]
48B. Power to give directions.―(1) For the proper and efficient discharge of the functions of a State Bar
Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general
supervision and control, give such directions to the State Bar Council or any committee thereof as may appear
to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar
Council of India may, without prejudice to the generality of the foregoing power, give such directions to the
ex officio member thereof as may appear to it to be necessary, and such directions shall have effect,
notwithstanding anything contained in the rules made by the State Bar Council.]
1. Ins. by Act 60 of 1973, s. 35 (w.e.f. 31-1-1974).
2. Ins. by s. 36, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
4. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974).
25
49. General power of the Bar Council of India to make rules.― 1
[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
2
[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar
Council including the qualifications or disqualifications of voters, and the manner in which an electoral
roll of voters may be prepared and revised by a State Bar Council;
(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;
(ac) the time within which and the manner in which effect may be given to the proviso to sub-section
(2) of section 3;
(ad) the manner in which the name of any advocate may be prevented from being entered in more
than one State roll;
(ae) the manner in which the seniority among advocates may be determined;
3
[(af) the minimum qualifications required for admission to a course of degree in law in any
recognised University;]
(ag) the class or category of persons entitled to be enrolled as advocates;
(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances
under which a person shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer of the name of an advocate from
one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by advocates;
(d) the standards of legal education to be observed by Universities in India and the inspection of
Universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be
recognised for the purpose of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own
disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be subject;
4
[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions,
appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
5
[(i) general principles for guidance of State Bar Councils and the manner in which directions issued
or orders made by the Bar Council of India may be enforced;
(j) any other matter which may be prescribed:]
4
[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have
been approved by the Chief Justice of India:]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964).
3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974).
4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964).
26
1
[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been
approved by the Central Government.
2
[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with
reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or
repealed or amended in accordance with the provisions of this Act.]
3
[49A. Power of Central Government to make rules.―(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with
respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar
Councils and the manner in which the directions issued or orders made by the Bar Council of India may
be enforced;
(c) the class or category of persons entitled to be enrolled as advocates under this Act;
(d) the category of persons who may be exempted from undergoing a course of training and passing
an examination prescribed under clause (d) of sub-section (1) of section 24;
(e) the manner in which seniority among advocates may be determined;
(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the
procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of India or for all or any of the Bar
Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the
Central Government under this section, then, the rule under this section, whether made before or after the rule
made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the
repugnancy, be void.
4
[(5) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]
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 9, section 15 and
section 20 of the Indian Bar Councils Act, 1926 (38 of 1926), shall stand repealed in the territory for which
the State Bar Council is constituted.
1. Subs. by Act 60 of 1973, s. 38, for “Provided that” (w.e.f. 31-1-1974).
2. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16-5-1964).
4. Subs. by Act 60 of 1973, s. 39, for sub-section (5) (w.e.f. 31-1- 1974).
27
(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 relates 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 (38 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 1951);
(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 (18 of 1879), and so 82 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 (Bombay Act 17 of 1920);
(c) sections 10 to 13 (inclusive) of the Indian Bar Councils 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) (18 of 1879) shall stand repealed;
(b) the enactment specified in the Schedule shall stand repealed to the extent mentioned therein.
51. Rule of construction.―On and from the appointed day, references in any enactment to an advocate
enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under
this Act.
52. Saving.―Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules
under article 145 of the Constitution―
(a) for laying down the conditions subject to which a senior advocate shall be entitled to practise in
that Court;
28
(b) for determining the persons who shall be entitled to 1
[act or plead] in that Court.