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Central · 1961 · Section 2

Section 2 — Definitions.

The Advocates Act, 1961

2. Definitions.―6[(1)] In this Act, unless the context otherwise requires,―

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1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).
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2. Subs. by s. 2, ibid., for “shall come into force” (w.e.f. 31-1-1974).
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3. The provisions of the Act have been brought into force as under:―
     16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of
       India, Extraordinary, Part II, sec. 3(ii).
     1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50(2), see
       Gazette of India, Extraordinary, Part II, sec. 3(ii).
     15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961, in respect of s. 50(1), see Gazette of India,
       Extraordinary, Part II, sec. 3(ii).
     24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962, in respect of ss. 51 and 52, see Gazette of India,
       Extraordinary, Part II, sec. 3(ii).
     29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary,
       Part II, sec. (ii).
     4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter VI [except s. 46,
       sub-sections (1) and (2) of s. 50, ss. 51 and 52], see Gazette of India, Extraordinary, Part II, sec. 3(ii).
     1st September, 1963, vide notification No. S.O. 2509, dated 31st August, 1963, in respect of Chapter V, see Gazette of India,
       Extraordinary, Part II, sec. 3(ii).
     10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapters I, II, III, section 32 of Chapter IV and
       Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
     1st June, 1969, vide notification No. S.O. 1500, dated 5th April, 1969, in respect of ss. 29, 31, 33 and 34 of Chapter IV, see
       Gazette of India, Extraordinary, Part II, sec. 3(ii).
     1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979, except section 30 in respect of the Union territory
       of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i).
     15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India,
       Extraordinary, Part II, sec. 3(i).
4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974).
5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and
   Kashmir.
6. Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and
   Kashmir and the Union territory of Ladakh.
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         (a) “advocate” means an advocate entered in any roll under the provisions of this Act;
        (b) “appointed day”, in relation to any provision of this Act, means the day on which that provision comes into
    force;
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         (d) “Bar Council” means a Bar Council constituted under this Act;
        (e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act
    extends;
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         (g) “High Court”, except in sub-section (1) 3[and sub-section (1A)] of section 34 and in sections 42 and 43, does
    not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,--
             (i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the
         High Court for the State;
                 (ii) in the case of the Bar Council constituted for Delhi, 4[the High Court of Delhi];
         (h) “law graduate” means a person who has obtained a bachelor's degree in law from any University established
    by law in India;
         (i) “legal practitioner” means an advocate 5[or vakil] of any High Court, a pleader, mukhtar or revenue agent;
         (j) “prescribed” means prescribed by rules made under this Act;
         (k) “roll” means a roll of advocates prepared and maintained under this Act;




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         (l) “State” does not include a Union territory;


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         (m) “State Bar Council” means a Bar Council constituted under section 3;
         (n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under section 17.
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      [(2) Any reference in this Act to a law which is not in force 6*** in the Union territory of Goa, Daman and Diu,
shall, in relation to 7*** that territory, be construed as a reference to the corresponding law, if any, in force in that State
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or that territory, as the case may be.]
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                                                           CHAPTER II
                                                         BAR COUNCILS

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