MISCELLANEOUSCentral
Section 58AA of THE ADVOCATES ACT, 1961 __________
- (1)Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory.
- (2)Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into force in the Union territory of Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.]
↩4.Ins. by Act 32 of 1962, s. 3 (w.e.f. 30-3-1962).
↩1.Ins. by Act 21 of 1964, s. 25 (w.e.f. 16-5-1964).
↩2.Ins. by Act 26 of 1968, s. 3 and Sch. (w.e.f. 24-5-1968).
Summary
- The Act provides specific provisions in relation to the Union territory of Pondicherry, including the right to practice the profession of law, the right of entry as an advocate on the State roll, and the right for a person to be a judge on the state roll maintained in respect of the Union Territory.
- It also includes provisions for the repeal of relevant provisions of the Pondichersary (Extension of Laws) Act, 1968.
Practical examples
1Henri was a lawyer in Pondicherry before the new Indian advocate rules were introduced there. Because he was already practicing under the local law, this provision allowed him to apply to the Madras Bar Council to be officially recognized as an advocate.
2Fatima was a government employee in Pondicherry who had the right to practice law before she joined public service. When she left her job, this section ensured she was treated as if she had been an advocate all along for registration purposes.
3Jean chose not to become an "advocate" under the new system but wanted to keep his small local practice in Pondicherry. This rule allowed him to keep his existing rights and stay under the same disciplinary authority he was used to.
FAQ
1. Which Bar Council handles applications from Pondicherry practitioners under Section 58AA of the Advocates Act, 1961?
Under Section 58AA of the Advocates Act, 1961, practitioners from Pondicherry apply to the Bar Council of Madras.
2. What happens to people in public service in Pondicherry under Section 58AA of the Advocates Act, 1961?
Section 58AA of the Advocates Act, 1961, protects people who would have been entitled to practice law in Pondicherry if they had not been in public service at the time the rules changed.
3. Can someone in Pondicherry continue practicing without becoming an advocate under Section 58AA of the Advocates Act, 1961?
Yes, Section 58AA of the Advocates Act, 1961, allows those who were practicing under old laws to keep their rights even if they do not join the new advocate roll.
4. Does Section 58AA of the Advocates Act, 1961, change the disciplinary authority for non enrolled practitioners?
No, Section 58AA of the Advocates Act, 1961, states that these individuals remain subject to the same disciplinary jurisdiction they had before the new law.