l[58 AG. Special provisions in relation to articled clerks
Not with standing anything contained in this Act, every person who, immediately before the 31st
day of December, 1976, has commenced his articleship and passed the Preliminary examination,
for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with
the rules made under sub-section (2) of section 34, before the omission of that sub-section
by the Advocates (Amendment) Act, 1976 (107 of 1976), may be admitted as an advocate on the
State roll if he:
(i) passes, on or before the 31st day of December, 1980,:
(a) the Final examination in a case where such person has, before the 31st
day of December, 1976, passed the Intermediate examination,
(b) the Intermediate and the Final examinations in any other case.
Explanation: For the purpose of this clause, the High Court at Calcutta may prescribe
such rules as may be necessary under sub-section (2) of section 34, specifying the
nature of the examination and any other matter relating thereto;
(ii) makes an application for such enrolment in accordance with the provisions
of this Act; and
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1) of section 24.]
2[58 B. Special provisions 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 purpos'e
all powers conferred 011 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 sub-section
(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 proceeding before 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 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.]
COMMENTS
Though s. 12 of the Bar Councils Act stood repealed by s. 50 of the Advocates Act, on the date on
which the petitioner sought redress and the power of review is not saved even by s. 58B, yet the
power is indisputably saved, assuming that the case is not provided for in the Advocates Act, by
virtue of s. 6. Clauses (c) and (e) of the General Clauses Act, 1897 as the power embodied in s.
12(6) of the Bar Councils Act is not merely a power vested in High Court but is also a remedy in
favour of the affected party. Hence the High Court has power to entertain the application and
to dispose of it, as though the Bar Councils Act, were in full force and effecttoday.-AIR 1965
Mad 166.
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