[Bar Councils and Legal Practitioners (1[Tamil Nadu] Amendment) Act, 1947]*
| 1[Tamil Nadu Act No. 9 of 1947]2 | [3rd June, 1947] |
An Act further to amend the Indian Bar Councils Act, 1926, and the Legal Practitioners Act, 1879, in their application to the 3[State of Tamil Nadu].
Whereas it is expedient farther to amend the Indian Bar Councils Act, 1926, (central Act XXXVIII of 1926) and the Legal Practitioners Act, 1879, (central Act XVIII of 1879) in their application to the 3[State of Tamil Nadu], for the purposes hereinafter appearing; It is hereby enacted as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 21st March, 1947, Part IV-A, page 4.
This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act, 23 of 1960) repealing the corresponding law in force in that territory.
3 This expression was substituted for the expression "Province of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.
* Received the assent of the Governor-General on the 24th May, 1947; first published in the Fort St. George Gazette on the 3rd June, 1947.
Bar Councils and Legal Practitioners (1[Tamil Nadu] Amendment) Act, 1947
1. Short title and extent.- (1) This Act may be called the Bar Councils and Legal Practitioners of (1[Tamil Nadu] Amendment) Act, 1947.
(2) It extends to the whole of the 4[State of Tamil Nadu].
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
4 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. Amendment of section 10, Central Act XXXVIII of 1926.- In section 10 of the Indian Bar Councils Act, 1926 (Central Act XXXVIII of 1926)-
(i) in sub-section (1), after the words "any advocate of the High Court", the words "or an advocate of any other High Court ordinarily practising in any subordinate Court or Courts in the 1[State of Tamil Nadu]" shall be inserted;
(ii) to the same sub-section, the following Explanations shall be added, namely:-
"Explanation 1.- The holding of any political opinion, or the expression of it in any form or act not involving physical violence or incitement to or abetment of such violence, is not misconduct within the meaning of this sub-section.
Explanation 2.- Conviction for any political offence, under any general, special or local Law or Ordinance or any rules made thereunder, including conviction under section 124-A of the Indian Penal Code (Central Act XLV of 1860) or the Indian Criminal Law Amendment Act, 1908, (Central Act XLV of 1908) where the person convicted has not been found guilty of physical violence or of incitement to or abetment of such violence is no proof of misconduct within the meaning of this sub-section."
1 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1960, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3. Amendment of Central Act XVIII of 1879.- In the Legal Practitioners Act, 1879 (Central Act XVIII of 1879)-
(i) in Chapter III, after section 13, the following section shall be inserted, namely
"13-A. Notwithstanding anything contained in sections 12 and 13, 2[Pleaders and mukhtars not to be punished for holding political opinion, etc.] no pleader or mukhtar holding a certificate as aforesaid shall be liable to be proceeded against or punished under those sections-
(i) for holding any political opinion, or expressing it in any form or act not involving physical violence or incitement to or abetment of such violence, or
(ii) for having been convicted of any political offence under any general, special or local Law or Ordinance including section 124-A of the Indian Penal Code (Central Act XLV of 1860) or the Indian Criminal Law (Amendment) Act, 1908 (Central Act XIV of 1908) or under any rules made thereunder, where he has not been found guilty of physical violence or of incitement to or abetment of such violence";
(iii) in Chapter IV, after section 22, the following section shall be inserted, namely:-
"22-A. Notwithstanding anything contained in sections 21 and 22, 1[Revenue agent not to be punished for holding political opinions, etc.] no revenue-agent holding a certificate as aforesaid shall be liable to be proceeded against or punished under those sections-
(i) for holding any political opinion, or expressing it in any form or act not involving physical violence or incitement to or abetment of such violence; or
(ii) for having been convicted of any political offence under any general, special, or local Law or Ordinance including section 124-A of the Indian Penal Code (Central Act XLV of 1860) or the Indian Criminal Law (Amendment) Act, 1908 (Central Act XIV of 1908) or under any rules made thereunder, where he has not been found guilty of physical violence or of incitement to or abetment of such violence."
2 This marginal note was inserted by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957).
1 This marginal note was inserted by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957).
4. Application of Act to pending disciplinary proceedings.- Any disciplinary inquiry or other proceeding pending at the commencement of this Act against any advocate, pleader, muklitar or Revenue-agent, shall be continued under the Indian Bar Councils Act, 1926, (Central Act XXXVIII of 1926) as amended by section 2 or, as the case may be, under the Legal Practitioners Act, 1879, (Central Act XVIII of 1879), as amended by section 3.
5. Review of past disciplinary action.- If any advocate has been suspended or removed from practice under the Indian Bar Councils Act, 1926, (Central Act XXXVIII of 1926) or if any pleader, mukhtar or Revenue-agent has been suspended or dismissed under the Legal Practitioners Act, 1879, (Central Act XVIII of 1879) and such suspension, removal or dismissal is subsisting on the date of the commencement of this Act, then, the advocate, pleader, mukhtar or Revenue-agent may, within one year from the said date, apply in writing under this section to the High Court or the Chief Controlling Revenue-authority, as the case may be, and the High Court or the Chief Controlling Revenue-authority shall thereupon vacate the order of suspension, removal or dismissal, if such order could not have been passed after the commencement of this Act.