SHARAD CHANDRA DANEJ (Asstt. Manager) 04 November 2016

Advocate act 1961

Dear friends,

Can anyone provide me the copy of notification of Sec.30 of Advocate Act 1961? It states that advocates can now practice any courts in India irrespective of their enrollment with Bar Council. Mr. Veerappa Moily declared that notification regarding this would soon be issued.

The notification has never been issued by the Govt. Because one of my friends who enrolled with Bar Council of MP, got his sanat transferred to Maharashtra in 2015 with heavy fees.

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adv.bharat @ PUNE (Lawyer) 04 November 2016

Section 30 in THE ADVOCATES ACT, 1961

30. Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,—

(i) in all courts including the Supreme Court;

(ii) before any tribunal or person legally authorised to take evidence; and

(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.

Suneet Gupta (www.vashiadvocates.com) 05 November 2016

Has Sec 30 of the Act been notified? Additionally what are the benfits of transfer of Sanat from one State to another.

Apparently, there are still some restrictions on practicing in other states, e.g. need for a local associate counsel, membership of local bar councils and registration as Advocates of Record in the High Courts of the other States.

Could some one please guide on the current rules and regulations in this regard?

SHARAD CHANDRA DANEJ (Asstt. Manager) 06 November 2016

Whats the need of notification when the act clearly says so?

SHARAD CHANDRA DANEJ (Asstt. Manager) 06 November 2016

I think Bar Councils of various states have formulated their own rules which are followed without any opposition. For transfer of sanat from one state to another they charge heavy fees.

SHARAD CHANDRA DANEJ (Asstt. Manager) 06 November 2016

I am asking for the notification of sec 30 of Advocate Act.

SHARAD CHANDRA DANEJ (Asstt. Manager) 07 November 2016

The sec 30 of Advocate Act 1961 has been notified through Gazette of India dt .9.6.2011

S O No. 1349E effective from 15.6.2011.

In accordance with Sec-49.A of Adv.act 1961- the Central government has the power to make rules ,thus the Ministry of Law and Justice of India / Government of India has notified Section 30 of the Advocates Act 1961 in the Gazette of India dated 9.6.2011 (S.O.1349 E) declaring that the Government appointed, '15.6.2011' as the date for giving effect to Section 30 of the Advocates' Act 1961 and all the Lawyers have acquired a right to Practise before all Courts/Tribunals and such other Forum of India as a matter of right and In view of the notification as aforesaid, Section 30 of the Advocates Act, 1961 has been brought into force from 15.06.2011 and as it stands so,

Even after the notification of Government has said that it has notified Section 30 of the Advocates Act, 1961 recently enabling the lawyers to practice in courts across the country irrespective of their enrolment in any Bar Council without the need to transfer license to their desired States. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that subject to provision of the Advocates Act, 1961, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends. He informed the House that this section has come into force with effect from the 15th June, 2011.

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