Section 31 of The Punjab Reorganisation Act, 1966 in hindi — Special provision relating to Bar Council and Advocates
Bare section text
Official Legislative Text
- (1)On and from the appointed day,—
- (a)in the Advocates Act, 1961 (25 of 1961), in sub-section (1) of section 3, for clause (d), the following clause shall be substituted, namely:— “(d) for the States of Punjab and Haryana and the Union territories of Chandigarh and Himachal Pradesh, to be known as the Bar Council of Punjab and Haryana”;
- (b)the Bar Council of Punjab shall be deemed to be the Bar Council of Punjab and Haryana with the Advocate-General of the State of Haryana also as an ex officio member.
- (2)Any person who immediately before the appointed day is an advocate entitled to practice in the High Court of Punjab shall be entitled to practise as an advocate in the common High Court.
- (3)All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Punjab shall, as from that day, become advocates on the roll of the Bar Council of Punjab and Haryana.
- (4)The right of audience in the common High Court shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the High Court of Punjab: Provided that as between the Advocate-General of Punjab and the Advocate-General of Haryana, the right of audience shall be determined with reference to their dates of enrolment as advocates.
Educational Study Layer
Summary
- This section renames the regional legal association to the Bar Council of Punjab and Haryana and expands its reach to include Himachal Pradesh.
- It makes the Advocate-General of Haryana an automatic, ex officio member of this newly named Bar Council.
- It guarantees that any lawyer who had the right to practice in the old Punjab High Court can automatically practice in the new shared High Court.
- It decides who gets to speak first in court by using original enrollment dates, specifically noting this rule for the Advocate-Generals of Punjab and Haryana.
Practical examples
FAQ
1. Does Section 31 of The Punjab Reorganisation Act force lawyers to re-register to practice?
No, Section 31 of The Punjab Reorganisation Act, 1966 ensures that lawyers on the old Punjab roll automatically become advocates on the new roll and can practice in the common High Court.
2. Who represents Haryana on the Bar Council under Section 31 of the 1966 Act?
Under Section 31 of The Punjab Reorganisation Act, 1966, the Advocate-General of the State of Haryana becomes an ex officio member of the Bar Council.
3. How do they decide which Advocate-General speaks first under Section 31 of the Punjab Act?
Section 31 of The Punjab Reorganisation Act, 1966 determines the right of audience between the Advocate-Generals of Punjab and Haryana based on their dates of enrollment as advocates.
4. What regions does the new Bar Council cover according to Section 31 of the Reorganisation Act?
Section 31 of The Punjab Reorganisation Act, 1966 amends the Advocates Act so the Bar Council covers the States of Punjab and Haryana and the Union territories of Chandigarh and Himachal Pradesh.
Practice Quiz
Q1.According to Section 31 of The Punjab Reorganisation Act, 1966, which territories are covered by the newly named Bar Council of Punjab and Haryana?
Q2.Under Section 31 of the 1966 Act, how is the right of audience determined between the Advocate-General of Punjab and the Advocate-General of Haryana?
Q3.Linking Section 29 and Section 31 of The Punjab Reorganisation Act, 1966, if an advocate was entitled to practice in the court that existed before the new common High Court was formed, what happens on the appointed day?
Q4.Section 31 of The Punjab Reorganisation Act modifies a specific clause in which previous piece of legislation?