Advocates Act, 1961 — back to Table of Contents
Section 58. Special provisions during the transitional period
(1) Where a State Bar Council has not been constituted, or is unable to perform its functions (by court order or otherwise), the functions relating to admission and enrolment of advocates are performed by the High Court in accordance with this Act.
(2) Until Chapter IV comes into force, a State Bar Council (or a High Court performing its functions) may enrol a qualified person as an advocate even without approved rules under section 28, and every such person is, until Chapter IV commences, entitled to the practice rights conferred under section 14 of the Indian Bar Councils Act, 1926.
(3) Every person who, immediately before 1 December 1961, was an advocate on a High Court roll under the 1926 Act, or who has since been enrolled under this Act, is entitled as of right to practise in the Supreme Court (subject to Supreme Court rules) until Chapter IV comes into force.
(4) Despite the repeal of relevant provisions of the Legal Practitioners Act, 1879 and the Bombay Pleaders Act, 1920 (or other similar law), those provisions continue to have effect, as regards renewal/issue of practice certificates to legal practitioners not enrolled as advocates, until Chapter IV comes into force; certificates issued/renewed in the interim are deemed validly issued.
Note: Inserted by the Advocates (Amendment) Act, 1962, with effect from 30 March 1962.
