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 the Bar Council or any committee thereof, insofar
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) Not with standing 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 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 rule made by the
Supreme Court in this behalf.
(4) Not with standing the repeal by sub-section (2) of section 50 of the provisions of the Le?,al Practitioners
Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (17of 1920) [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 insofar 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.]
COMMENTS
Even under sub-so (4) as it was originally introduced the High Court had only the power of renewal
or the issue of a certificate by way of renewal and it had no power to admit or enrol fresh persons
as pleaders which power is lost on 1-12-1961 when Chap. III of the Act was enforced.-AIR 1969AI/112.
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