14. Right of advocates to practise.—(1) An advocate shall been titled as of right to practise—
(a) subject to the provisions of sub-section (4) of section 9, in the High Court of which he is an
advocate, and
(b) save as otherwise provided by sub-section (2) or by or under any other law for the time being
in force in any other Court 2*** and before any other Tribunal or person legally authorized to take
evidence, and
(c) before any other authority or person before whom such advocate is by or under the law for the
time being in force entitled to practise.
(2) Where rules have been made by any High Court within the meaning of clause (24) of section 3 of
the General Clauses Act, 1897(10 of 1897), or in the case of a High Court for which a Bar Council has
been constituted under this Act, by such Bar Council under section 15, regulating the conditions subject
to which advocates of other High Courts may be permitted to practise in the High Court, such advocates
shall not be entitled to practice therein otherwise than subject to such conditions.
(3) Nothing in this section shall be deemed to limit or in anyway affect the power of the High Court
of Judicature at Fort William in Bengal or of the High Court of Judicature at Bombay to make rules
determining the persons who shall be entitled respectively to plead and to act in the High Court in the
exercise of its original jurisdiction.
1. Ins. by Act 13 of 1927, s. 3.
2. The words “in the Provinces” omitted by the A.O. 1950.
7
115. General power of Bar Councils to make rules.—A Bar Council may, with the previous
sanction of the High Court for which it is constituted, make rules consistent with this Act to provide for
and regulate any of the following matters, namely:—
(a) the rights and duties of the advocates of the High Court and their discipline and professional
conduct;
(b) the conditions subject to which advocates of other High Courts may be permitted to practise
in the High Court;
(c) the giving of facilities for legal education and training and the holding and conduct of
examinations by the Bar Council;
(d) the charging of fees payable to the Bar Council in respect of the enjoyment of educational
facilities provided, or of the right to appear at examinations held, by the Bar Council;
(e) the investment and management of the funds of the Bar Council; and
(f) any other matter in respect of which the High Court may require rules to be made under this
section.
16. Power to fix fees payable as costs.—The High Court shall make rules for fixing and regulating
by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s
advocate upon all proceedings in the High Court or in any Court subordinate thereto.
17. Indemnity against legal proceedings.—No suit or other legal proceeding shall lie against a Bar
Council or any Committee, Tribunal or member of a Bar Council for any act in good faith done or
intended to be done in pursuance of the provisions of this act or of any rule made there under.
18. Publication of rules.—All rules made under this Act shall be published in the Official Gazette of
the State, or of each State, as the case may be, in which the High Court by which or with whose sanction
the rules are made exercises jurisdiction.
19. Amendment of enactments, etc.—(1) When sections 8 to 16 come into force in respect of any
High Court, any enactment mentioned in the first column of the Schedule which is in force in any State in
which the High Court exercises jurisdiction shall, for the purpose of its application to that State, be
amended to the extent and in the manner specified in the second column of the Schedule.
(2) When sections 8 to 16 come into force in respect of any High Court of Judicature established by
Letters Patent, this Act shall have effect in respect of such Court notwithstanding anything contained in
such Letters Patent, and such Letters Patent shall, in so far as they are inconsistent with this Act or any
rules made thereunder, be deemed to have been repealed.
(3) When sections 8 to 16 come into force in respect of the High Court of Judicature at Bombay, the
Bombay Pleaders’ Act, 1920 (Bom. Act 17 of 1920) except section 7 thereof, shall cease to apply to or in
respect of any person enrolled as an advocate of the High Court under this Act, and nothing in that Act
shall be deemed to authorise the admission or enrolment of any person as a vakil or pleader of the High
Court.
(4) When this Act has come into force in respect of any High Court, any provision of any other
enactment or any order, scheme, rule, form or bye-law made thereunder, which was before that date
applicable to advocates, vakils or pleaders entitled to practise in such High Court shall, unless such a
construction is repugnant to the context or to any provision made by or under this Act, be construed as
applying to advocates of the High Court enrolled under this Act.
1. The provisions of sections 3 to 7, sub-sections (1), (2) and (3) of section 9, section 15 and section 20, shall stand repealed in
the territory for which the State Bar Council is constituted vide Act 25 of 1961, s. 50(1).
8
1
[
220.Transitional provision regarding certain Bar Councils affected by States’
reorganisation.—(1) The Bar Councils for the High Courts of the States of Bombay, Madhya Pradesh,
Mysore, Punjab, Rajasthan and Travancore-Cochin functioning immediately before the 1stday of
November, 1956, shall be deemed to be the Bar Councils for the High Courts of the corresponding new
States of Bombay, Madhya Pradesh, Mysore, Punjab, Rajasthan and Kerala, respectively.
(2) As from the said day,—
(a) the Bar Councils for the High Courts of Hyderabad and Saurashtra shall stand dissolved, and
(b) the assets and liabilities of the Bar Council for the High Court of Hyderabad shall stand
transferred to, the Bar Councils for the High Courts of Andhra Pradesh, Bombay and Mysore and be
divided among them in such proportion as may be agreed upon, and in default of such agreement, in
the proportion of 57:61:27.81:14:58.]