Section 26 in Advocate Act
Title: Disposal of applications for admission as an advocate
(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
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).
Title: Application once refused not to be entertained by another Bar Council except in certain circumstances
Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an advocate on its roll, except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India.
Title: Power to make rules
(1) A State Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
1[(a) the time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a State Bar Council under section 20;]
2* * * * *
(c) the form in which an application shall be made to the Bar Council for admission as an advocate on its roll and the manner in which such application shall be disposed of by the enrolment committee of the Bar Council;
(d) the conditions subject to which a person may be admitted as an advocate on any such roll;
(e) the instalments in which the enrolment fee may be paid.
(3) No rules made under this Chapter shall have effect unless they have been approved by the Bar Council of India.
1. Subs. by Act 60 of 1973, s. 21, for clause (a) (w.e.f. 31-1-1974).
2. Clause (b) omitted by s. 21, ibid. (w.e.f. 31-1-1974).
Title: Advocates to be the only recognised class of persons entitled to practise law
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.