ADVOCATES(REMOVAL OF DIFFICULTIES ORDER, 1963*.
S.D.
2510, dated the 31st August, 1963-In exercise of the powers conferred by sub-section (1) of Sec. 59 of the Advocates Act, 1961
(25 of1961), the Central Government hereby makes the following Order,
namely:
1. Short title and commencement
(1) This Order may be called the Advocates (Removal of
Difficulties) Order, 1963.
(2) It shall come into force on the 1st day of September, 1963.
2. Definitions
In this Order,
(a) "Act" means the Advocates Act, 1961;
(b)
" appointed day" means the date on which
Chapter V of the Act comes into
force;
(c)
"existing advocate" means a person who was enrolled as 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
the Act.
3. Removal of certain difficulties
(1)
As from the appointed day, every proceeding in respect of any disciplinary
matter in relation to an existing advocate of a High Court shall, save as provided
in sub-clause (2), be disposed pf by the State Bar
Council in relation to that High Court, as if the existing advocate has been
enrolled as an advocate on its roll.
(2)
If immediately,before the
appointed day, 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 I-ilgi-l
Court, as if it were a proceeding pending before the corresponding Bar Council
under cl. (c) of sub-section (1) of Sec. 56 of the
Act:
PROVIDED
that where in respect of any such proceeding the High Court has received the
finding of a Tribunal constituted under Sec. 11 of the Indian Bar Councils Act,
1926, the High Court shall dispose of the case and it shall be lawful for the
High Court to exercise for the purpose all the powers conferred on it under
Sec. 12 of the said
Act, as if that
section has not been repealed by the Act:
PROVIDED
FURTHER that where the High Court has referred back any case for further
inquiry under sub-section (4) of Sec. 12 of the said Act, the 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 cl. (c) of sub-section (1) of Sec. 56 of the Act.
(3)
If immediately before the appointed day there is any proceeding in respect of
any disciplinary matter pending in relation to any pleader, vakil
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 was enrolled and be dealt with under the Act as if it were a
proceeding arising against him there under
Published in the Gazette of India, Extraordinary, 1963, Pt. II,
Sec. 3(H), P. 513
