Bar association membership registration
Querist :
Anonymous
(Querist) 21 August 2011
This query is : Resolved
one of my friend who is enrolled with up bar council went to delhi bar association for registration as member, but they replied only advocates enrolled with bar council of delhi, can become members of bar association in delhi, but as per learned experts, is it not unfair with refrence to notification of section 30 of advocates act which says an advocate can practice anywhere in india, and now, without transfering his/her enrolment, pls guide
Querist :
Anonymous
(Querist) 21 August 2011
to add to this, since now section 30 has been notified, is not he entitled to register with any bar associaiton of any state, what is the remedy available to him....
R.Ramachandran
(Expert) 21 August 2011
You are confusing issues.
Section 30 of the Advocates Act enables every advocate to make 'Appearance' in evey court disregard of in which State Bar Council he/she has enrolled.
Membership in any of the Bar Association would be possible only for an Advocate Registered within the State for the simple reason. Section 30 of the Advocates Act does not come into picture in this case. It is the bye-laws of the Bar Assocition that will guide the issue and not the Advocates Act.
Advocate. Arunagiri
(Expert) 21 August 2011
All the advocates associations are giving membership to the local advocates (within the state of his registration) only.
The advocates associations are created to give support to the advocates who are practicing locally.
M/s. Y-not legal services
(Expert) 21 August 2011
Yes.. Am also agree with experts. You can appear before all courts. But membership with any bar mean thats depends upon the terms and conditions of the subject bar. You are confusing with that section.
Querist :
Anonymous
(Querist) 21 August 2011
pardon,there is no confusion, the query is whther the member of A state council, is entitled to membership district bar association of state B, or can he fight for this also, since if it is a neighboring state, and since he is an advocate and since section 30 legaly allows him to practice, and since he wants to feel comfortable, while handling cases there
Manish Singh
(Expert) 22 August 2011
I agree with the anonymous 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.
Raja
(Expert) 05 January 2013
Delhi HC has not framed any Rule to define Legal Practitioner within the provisions of Advocates Act and is following old acts.
Raj Kumar Makkad
(Expert) 05 January 2013
*Raja! Why are you replying one year old queries which have even been resolved since a long?
Raja
(Expert) 06 January 2013
i feel that something left here to say properly.......therefore !!!
i think more discussion is required on this issue, as i found, there are several queries in LCI on this topic, but has a proper idea!
moreover, i invite ld. members from all States to report about their local scenario, to understand us exactly what is happening, and what is the outcome of sec.30 as a hole !!!!!!
Raj Kumar Makkad
(Expert) 06 January 2013
If your intention is accordingly, then it is welcome.
