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F

1947 :T.N. Act IXJ Bar Councils and Legal

965
Practitioners (Tamil Nadu Amendhtentj

l W I L NADU] ACT NO. IX OE 1947.4

.

/
,

BAR COUNCILS
AND LEGAL
PRACT~TIONERS
('[TAMIL

NADU] END^^*) ACT, 1947.1

(Received the assent of the Governor-General on the

24th May i947 ; Jirst published in the Fort S t .
George Gazette on the 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 a[State of Tamil Nadu].
4

WHEREAS
it is expedient further to amend the Indian
Act
xxxv111
Bar Councils Act, 1926, and the Legal Practiof 1926.
tioners Act, 1879, in their application to the $[State
of Tamil Nadu], for the purposes hereinafter appearAct
XVIII
ing ; It is hereby enacted as follows :of 1879.
1. (1) This Act may be called the Bar Councils short title
.
and Legal Practitioners (Inamil Nadu] Amendment) and extent.
Act, 1947.
(2) It extends to the whole of the 4[State of
Tamil Nadu].
I These words were substituted for thy word "Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu-Adaptation of Laws (Second Amendment) Order, 1969,

a For Statement of Objects and Reasons, see Fort St. Georfe

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 Flrst Schedule to, the Tam11 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.
This expression was substituted for the expression "Province
of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970,
which was deemcd to have come into 'force o n the 14th January 1969.
4 This expression was substituted f ~ the
r expression ''State of
Madras" by the Tamil Nsdu Adaptation of Laws Order, 1969, a s
amended by tho Tamil Nadu Adapt$tion of Lawe (Seoond Amendment) Order, 1969.

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(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.
bxplanation 2.-Conviction for any politf
cal offence, under any general, special or local Law
or Ordinance or any rules made thereunder, including conviction under section 124-A of the Ind~ar!
Penal Code or the Indian Criminal Law Amendment of 1860.

3. In the Legal Practitioners Act, 1879(i) in Chapter 111, after section 13, the following z y I ~ ~ 9 .
section shall be inserted, namely :-

---

-*. "

--

------.+-

---

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Practitioners (Tamil Nadu Amendmpnt)

violence or incitement to or abetment of such violence,

i

(ii) in Chapter IV,after section 22, the following

section shall be insemd, namely :-"22-A. Notwithstanding anything contained in P
i$
;;
to
sections 21 and 22, no revenue-agent holding a certi- punished for
ficate as aforesaid shall be 1;able to be proceeded ho!d!ng political
op~nlons,etc.1
against or punished under those sections(i) for holding any politiual opinion, or

. expressing it in any form or act not involving physical

violence or incitement to or abetment of such violence ;

t, 1879, as amended
-------

--

marginal no'e was inserted; by section 4 of, and the

Thkd Scbedule to, the Tamil Nadu fiepealing and Amending
Act, 1957 (Tamil Nadu Act XXV of 1957).
\
1 This

.,

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md Legal [1947: T.N. Act IX

il Nadu Ahendment)
ast

5. If any advocate has b e y suspended or removed

from practice under the Indian Bar Councils Act, CentrpJ
1926. or if anv deader. mukhtar or Revenue-agent Act
has been susdenhed o; dismissed under the Ggal
Practitioners Act, 1879, and such suspension, removal
or dismissal is subsisting on the date of the commence- A C ~
ment of this Act. then. the advocate, deader. mukhtar XVIII
or ~evenue-agentmay, within one year from the said Of
date, apply in writing unde~this section to the High
Court or the Chief Controlling Revent~e-authority,
as the case may be, and the High Court or the Chief
Controlling ~&enue-authorityshall thereupon vacate
the order of suspension, removal or dismissal, if such
order could not have been passed after the commencemerit of this Act.

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