Section 58B in Advocate Act

Title: Special provision relating to certain disciplinary proceedings

Description: 1[58B. Special provision relating to certain disciplinary proceedings.-- (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926 (38 of 1926), the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred on it under section 12 of the said Act as if that section had not been repealed: Provided further that where the High Court has referred back any case for further inquiry under subsection (4) of section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub- section (1) of section 56. (3) If immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder. (4) In this section "existing advocate" means a person who was enrolled as an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a State roll under this Act. (5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.] 1. Ins. by Act 38 of 1977, s. 7 (w.e.f. 31-10-1977).

Title: Removal of difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty. (2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the 1st day of December, 1961.]

Title: Power of Central Government to make rules

Description: 1[60. Power of Central Government to make rules.-- (1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government. (2) The Central Government after consultation with the Bar Council of India may, by notification in the Official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act. (3) Where in respect of any matter any rules are made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar Council with effect from such date as may be specified in the notification and on the issue of such notification, the rules made by the Central Government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date.] 1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14-9-1962).

Title: Short title extent and commencement

Description: (1) This Act may be called the Advocates Welfare Fund Act, 2001. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. 1. 1st November, 2001 (whole of India except certain States), vide notification No. S.O. 946(E), dated 26th September, 2001, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,— (a) "advocate" means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates Association; (b) "appropriate Government" means,— (i) in the case of advocates admitted on the roll of a Bar Council of a State, the State Government; (ii) in the case of advocates admitted on the roll of a Bar Council of a Union territory, the Central Government; (c) "cessation of practice" means removal of the name of an advocate from the State roll under section 26A of the Advocates Act, 1961 (25 of 1961); (d) "Chairperson" means the Chairperson of the Trustee Committee referred to in clause (a) of sub-section (3) of section 4; (e) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (f) "dependants" means the spouse, parents or minor children of a member of the Fund; (g) "Fund" means the Advocates Welfare Fund constituted under sub-section (1) of section 3; (h) "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938); (i) "member of the Fund" means an advocate admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act; (j) "notification" means a notification published in the Official Gazette of the appropriate Government and the expression "notified" shall be construed accordingly; (k) "prescribed" means prescribed by rules made under this Act; (l) "Schedule" means a Schedule to this Act; (m) "scheduled bank" shall have the meaning assigned to it in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (n) "stamp" means the Advocates Welfare Fund Stamp printed and distributed under section 26; (o) "State" means a State specified in the First Schedule to the Constitution and shall include a Union territory; (p) "State Advocates Association" means an association of advocates in a State recognised by the Bar Council of that State under section 16; (q) "State Bar Association" means an association of advocates recognised by the Bar Council of that State under section 16; (r) "State Bar Council" means a Bar Council referred to in section 3 of the Advocates Act, 1961 (25 of 1961); (s) "suspension of practice" means voluntary suspension of practice as an advocate or suspension of an advocate by a State Bar Council for misconduct; (t) "Trustee Committee" means the Advocates Welfare Fund Trustee Committee established under sub-section (1) of section 4; (u) "Vakalatnama" includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority; (v) words and expressions used and not defined in this Act but defined in the Advocates Act, 1961 (25 of 1961) shall have the meanings respectively assigned to them in that Act.

CHAPTER 7 TEMPORARY AND TRANSITIONAL PROVISIONS