Advocates Act, 1961
17. State Bar Councils to maintain roll of advocates-
(1) Every State Bar Council, shall prepare and maintain a roll
of advocates in which shall be entered the names and address of -
(a) all persons who were entered as advocates
on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of
1926) immediately before the appointed day [ (Note:- Subs. by Act 60 of 1973,
sec.14, for the work "and who within the prescribed time".) including
persons, being citizens of India, who before the 15th day of August,
1947, were enrolled as advocates under the said Act in any area which before
the said date was comprised within India as defined in the Government of India
Act, 1935, and who at any time] express an intention in the prescribed manner
to practice within the jurisdiction of the Bar Councils.
(b) all other persons who are admitted to be
advocates on the roll of the State Bar Council under this Act on or after the
appointed day.
(2) Each such roll of advocates shall consist of two parts, the
first part containing the names of senior advocates and the second part, the
names of other advocates.
(3) Entries in each part of the roll of advocates prepared and
maintained by a State Bar Council under this section shall be in the order of
seniority, [ (Note:- Subs. by Act 21 of 1964, sec.9, for the words "and,
such seniority shall be determined".) and, subject to any rule that
may be made by the Bar council of India in this behalf, such seniority shall be
determined] as follows-
a. The seniority of an advocate referred
to in clause (a) sub section (1) shall be determined in accordance with his
date of enrolment under the Indian Bar Council Act, 1926 (38 of 1926)
b. The seniority of any person who was a
senior advocate of the Supreme Court immediately before the appointed day,
shall, for the purpose of the first part of the State roll, be determined in
accordance with such principles as the Bar Council of India may specify.
c.(Note:- Clause (c) omitted by Act 60 of
1973, sec.14).
d. The seniority of any other person who, on
or after the appointed day, is enrolled as a senior advocate or is admitted as
an advocate shall be determined by the date of such enrolment or admission, as
the case may be .
e. (Note:- Ins. by Act 47
of 1980, sec.2) Notwithstanding anything contained in clause (a) the
seniority of an attorney enrolled (whether before or after the commencement of
the Advocates (Amendment) Act, 1980 as an advocate shall be determined in
accordance with the date of his enrolment as an attorney.
(4) no person shall be enrolled as an advocate on the roll of
more than one State Bar Council.