Section 49A in Advocate Act

Title:  Power of Central Government to make rules

Description: 1[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. 2[(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.] 1. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16-5-1964). 2. Subs. by Act 60 of 1973, s. 39, for sub-section (5) (w.e.f. 31-1- 1974).

Title: Repeal of certain enactments

Description: (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. (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

Title: Rule of construction

Description: 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

Title: Saving

Description: 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; (b) for determining the persons who shall be entitled to 1[act or plead] in that Court. 1. Subs. by Act 70 of 1993, s. 9, for "act" (w.e.f. 26-12-1993).

Title: Elections to first State Bar Council

Description: Notwithstanding anything contained in this Act, the elected members of a State Bar Council, constituted for the first time under this Act, shall be elected by and from amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be constituted. Explanation.-- Where the territory for which the Bar Council is to be constituted includes a Union territory, the expression "High Court" shall include the court of the Judicial Commissioner of that Union territory.