Bar association membership
talklegaly
(Querist) 21 August 2011
This query is : Resolved
advocate enrolled with state bar council of UP, wants to get membership of delhi bar association, is he entitled to do so, if not why, can the bar association of delhi deny him membership, since he is advocate, who can practice anywhere in india...the reason for his want of taking membership of delhi bar association is, since hea practice in ncr noida of UP, which is a part of delhi ncr, he comes across cases of delhi also..
Advocate. Arunagiri
(Expert) 22 August 2011
Repeated query. I have already answered to the same query.
A. A. JOSE
(Expert) 22 August 2011
I think he can become a member of Delhi Bar Association also.
Manish Singh
(Expert) 22 August 2011
I agree with the querist in first go as his query stands on a good reasoning as when we have the right to practice in any bar, then why the restriction for enrollment to bar association.
But here I would like to point out that this right u/s 30 is not without any restriction since as per the Bar Council of India Rules 1975,if we ordinarily practice in any bar for more than 6 months, we are bound to enroll in that bar where we ordinarily practice.
please go through the said rule.
CHAPTER - III
1. Every advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices.
PROVIDED that if an advocate does not apply for transfer of his name to the roll of the State Bar Council within whose jurisdiction he is ordinarily practising within six months of the start of such practice, it shall be deemed that he is guilty of professional misconduct within the meaning of Section 35 of the Advocates Act.
2. An advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal practitioner who is not an advocate.
3. Every advocate shall keep informed the Bar Council on the roll of which his name stands, of every change of his address.
4. The Council or a State Council can call upon an advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars.
5. (1) An advocate who voluntarily suspends his practice for any reason whatsoever, shall intimate by registered post to the State Bar Council on the rolls of which his name is entered, of such suspensions together with his certificate of enrolment in original
Manish Singh
(Expert) 22 August 2011
But having said the same, what you can do is make representation to the Association members and state your problem since association is governed by their own by-laws and if their by-laws permit, they may enroll you for their membership as NCR advocates often practice in all courts of NCR
