Section 24 in Advocate Act

Title: Persons who may be admitted as advocates on a State roll

Description: (1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the following conditions, namely:-- (a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other country; (b) he has completed the age of twenty-one years; (c) he has obtained a degree in law-- (i) before the 1[12th day of March, 1967], from any University in the territory of India; or (ii) before the 15th day of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or 2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a three-year course of study in law from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any University outside the territory of India, if the degree is recognised for the purposes of this Act by the Bar Council of India; or] 4[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed passed the article clerk's examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court; or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]; 6* * * * * (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council:] Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees.] 10[Explanation.-- For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.] (2) Notwithstanding anything contained in sub-section (1), 11[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll if he-- (a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and (b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 12[(3) Notwithstanding anything contained in sub-section (1) a person who-- (a) 13*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time time to be enrolled under any law 14*** as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or -- 15[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or] 16* * * * * (c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935 (25 & 26 Geo. 5 C 42); or (d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he-- (i) makes an application for such enrolment in accordance with the provisions of this Act; and (ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 17* * * * * 1. Subs. by Act 60 of 1973, s. 18, for 28th day of February, 1963 (w.e.f. 31-1-1974). 2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974). 3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964). 4. Subs. by Act 60 of 1973, s. 18, for he is a barrister (w.e.f. 31-1-1974). 5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f 31-1-1974). 7 . Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974). 8. Subs. by Act 70 of 1993, s. 6, for "two hundred and fifty rupees" (w.e.f. 26-12-1993). 9. Subs. by Act 70 of 1993, s. 6, for "one hundred and twenty-five rupees" (w.e.f. 26-12-1993). 10. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962). 11. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964). 12. Ins. by s. 13, ibid. (w.e.f. 16-5-1964). 13. The words, "figures and letter before the 31st day of March, 1964", omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968). 14. The words "then in force" omitted by s. 2, ibid. (w.e.f. 5-6- 1968). 15. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 16. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974). 17. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976)

Title: Disqualification for enrolment

Description: 1[24A. Disqualification for enrolment.-- (1) No person shall be admitted as an advocate on a State roll- (a) if he is convicted of an offence involving moral turpitude; (b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955); 2[(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude. Explanation.-- In this clause, the expression "State" shall have the meaning assigned to it under article 12 of the Constitution:] Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his 3[released or dismissal or, as the case may be, removal.] (2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).] 1. Ins. by Act 60 of 1973, s. 19 (w.e.f. 31-1-1974). 2. Ins. by Act 70 of 1993, s. 7 (w.e.f. 26-12-1993). 3. Subs. by s. 7, ibid., for "release" (w.e.f. 26-12-1993)

Title: Authority to whom applications for enrolment may be made

Description: An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practise.

Title: Disposal of applications for admission as an advocate

Description: (1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) 1[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner: 2[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.] (2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. (3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India. 1[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.] 1. Ins. by Act 21 of 1964, s. 14 (w.e.f.16-5-1964). 2. The proviso added by s. 14, ibid. (w.e.f. 16-5-1964)

Title: Power to remove names from roll

Description: 1[26A. Power to remove names from roll.-- A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.] 1. Subs. by Act 60 of 1973, s. 20, for section 26A (w.e.f. 31-1-1974).