1[59. Removal of difficulties
(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in relation to the transition from the enactments repealed by this Act to the provisions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 provision 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 Tom the
date not earlier than the 1st day of December, 1961.]
2[60. Powers 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 Councilor 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.]
COMMENTS
In the matter of disciplinary proceedings against advocates, the procedure to be followed in an
enquiry under s. 35 of the Advocates Act is outlined in Part VII of the Bar Council of India Rules
made under the authority of s. 60 of that Act. In order to enable the concerned advocate to defend
himself properly an appropriate specific charge was required to be framed.-AIR 1989 SC 245.
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