Section 54 in Advocate Act

Title: Term of office of members of first State Bar Councils

Description: Notwithstanding anything contained in this Act, the term of office of the 1*** elected members of 2*** a State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council: 3[Provided that such members shall continue to hold office until the State Bar Council is reconstituted in accordance with the provisions of this Act.] 1. The words "nominated and" omitted by Act 14 of 1962, s. 3 (w.e.f. 30-3-1962). 2. The words "the Bar Council of India and" omitted by Act 21 of 1964, s. 22 (w.e.f. 16-5-1964). 3. Ins. by s. 22, ibid. (w.e.f. 16-5-1964).

Title: Rights of certain existing legal practitioners not affected

Description: Notwithstanding anything contained in this Act. (a) every pleader or vakil practising as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or any other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act; 1* * * * * 2[(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act; (d) every revenue agent practising as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or any other law;] shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or other law, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was subject immediately before the said date and accordingly the relevant provisions of the Acts or law aforesaid shall have effect in relation to such persons as if they had not been repealed. 1. Clause (b) omitted by Act 107 of 1976, s. 10 (w.e.f. 1-1-1977). 2. Subs. by Act 21 of 1964, s. 23, for clause (c) (w.e.f. 16-5-1964)

Title: Dissolution of existing Bar Councils

Description: (1) On the constitution under this Act of a State Bar Council, other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council) (a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar Council;-- (b) all rights, liabilities, and obligations of the corresponding Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council; (c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the new Bar Council. (2) In this section, "corresponding Bar Council" in relation to a State Bar Council, other than the Bar Council of Delhi, means the Bar council for the High Court in the territory for which the State Bar Council is constituted under this Act.

Title: Power to make rules pending the constitution of a Bar Council

Description: Until a Bar Council is constituted under this Act, the power of that Bar Council to make rules under this Act shall be exercised-- (a) in the case of the Bar Council of India, by the Supreme Court; (b) in the case of a State Bar Council, by the High Court

Title: Special provisions during the transitional period

Description: 1[58. Special provisions during the transitional period.-- (1) Where a State Bar Council has not been constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by reason of any order of a court or otherwise, the functions of that Bar Council or of any committee thereof, in so far as they relate to the admission and enrolment of advocates, shall be performed by the High Court in accordance with the provisions of this Act. (2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a State Bar Council may enrol any person to be an advocate on a State roll, if he is qualified to be so enrolled under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the Bar Council of India, and every person so enrolled shall, until that Chapter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the Indian Bar Councils Act, 1926 (38 of 1926). (3) Notwithstanding anything contained in this Act, every person who, immediately before the 1st day of December, 1961, was an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) or who has been enrolled as an advocate under this Act shall, until Chapter IV comes into force, be entitled as of right to practise in the Supreme Court, subject to the rules made by the Supreme Court in this behalf.(4) Notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the Legal Practitioners Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) 2[or of any other law relating to the admission and enrolment of legal practitioners, the provisions of the Acts and law aforesaid] and any rules made thereunder in so far as they relate to 3[the renewal] or the issue by way of renewal of a certificate to a legal practitioner authorising him to practise shall have effect until Chapter IV comes into force and, accordingly, every certificate issued or renewed to a legal practitioner (who is not enrolled as an advocate under this Act) which is or purports to be issued or renewed under the provisions of either of the aforesaid Acts 4[or of the other law] during the period beginning with the 1st day of December, 1961 and ending with the date on which Chapter IV comes into force, shall be deemed to have been validly issued or renewed.] 1. Ins. by Act 14 of 1962, s. 4 (w.e.f. 30-3-1962). 2. Subs. by Act 32 of 1962, s. 3, for certain words (retrospectively). 3. Subs. by Act 21 of 1964, s. 24, for "the issue and renewal" (w.e.f. 16-5-1964). 4. Ins. by Act 32 of 1962, s. 3 (w.e.f. 30-3-1962).

CHAPTER 7 TEMPORARY AND TRANSITIONAL PROVISIONS