The Act says only parties to a proceeding and advocates may act and plead before a court, with some limits on advocates who are government employees or tied to trade/business.
SlKKIM GOVERNMENT GAZETTE EX TR A 0 R DIN A R Y PUBLISHED BY AUTHORITY No. 32 Gangtok, Friday, April 3, 1981 . LAW DEPARTMENT ' GOVERNMENT OF' SIKKIM:', Notification No. 2/LD//8I. .,; " .. .,1 Dated Gangtok, the 31st Marcn,,1981. The following Act of the Sikkim Legisla.Jive Assembly having received the assent of the Governor on 30th day of March, 1981, is; hereby: published for general information. ',' .', ' i.' . oJ' THE SIKKIM ADVOCATES ACT, 1981. ACT NO. 1 OF 1981. AN ACT to provide for appearance ofAd vocates in'different courts in .Sikkim. Be it enacted by the Legislature of Sikkim .in the Thirty-second Year of the Republic of India as follows:- " I. (1). This Act may be called the Sikkim Advocates Act, 1981. Short title, ex- tent and com" mencement, (2) .It extends to the whole of Sikkim. '(3) It shall be deemed to have come into force on the 24th day of November, 1980. 2. In this Act, unless the context otherwise requires,- Definitions. (a) "Advocate" means an Advocate entered in any roll under. the provisions of the Advocates Act" 1961·(No- 25,of:1961); "Court~'I' (b) means the High Court of;S;*~im, and a Court of Civil or Criminal jurisdiction in Srkkffi1 and includes any tribunal, authority or person in Sikkim legally authorised to take evidence;. (c) "proceeding" includes suit, appeal, revision, review, petition, application before any Court. 3. (1) Notwithstanding anything contained in any other law, but Persons wbo subject to the provisions of this Act, only the following may be allowed classes of persons, shall be entitled to act and plead before to act audpJead any Court=- in courts. (a) parties to the proceeding; or (b) Advocates. 2 (2) An advocate who is a full time employee of any Government or person or is actively associated with t any trade business shall not be entitled to act and plead before any Court. unless he is a party to the proceedings. (3) Any Court may permit any person' not enrolled as an Advocate under the provisions of the Advocates Act.: 1961, to appear" before it, in any particular case: Provided that no court shall permit any person to appear before it under. rhis -sub.•section; if.there are reason- able grounds to believe that he is practising the profession of law. " Explanatioti r-r- A person may be deemed to be prac- tising the profession of, law even if -he-rappears without remuneration. (4) Any person who acts and pleads before any Court in contravention .of any> provision of this Act shall 1 be punishable, with, fine, which: may' extend to One thousand rupees. 4. (\) The Sikkjm, Ad:,ocate~ ..9rdip.ance; 19,80 (Ordinance Repeal and No. 2 of 1980) IS hereby repealed. Saving. (2.) .Not"v:it~,~t'.u1dip'R'.such .repeal, .nnything done. or any, action taken under the Ordinance so repealed, shall be deemed to have .. been., .done or> taken under the corresponding provisions of this Act. By Order. of the Governor. . B.R: PRAt.H-lAN~ Secretary to the Government of Sikkim. Law'Department, F. No~16(115)ILD/80. -------~.-.-.----.---~----------,-----------------