Enrollment change from one u.p to jharkhand
prashant
(Querist) 11 October 2011
This query is : Resolved
As know that we can practice in all over india.But i like to get details of enrollment change from one state to another and whether i could be eligible for membership of that state if i have not changed my enrolment to another state where i would like to practice.
R.Ramachandran
(Expert) 11 October 2011
Dear Mr. Prashant,
If I am not incorrect, I think you want to know whether you can get yourself enrolment in another State without disturbing/cancelling the enrolment in the existing State.
As things stand today, one cannot get enrolment in more than one State Bar Council. In other words, you can get yourself enrolled only in one State. If you want to change your enrolment from one State to another, then you have to get your existing Enrolment transferred to the other State.
prabhakar singh
(Expert) 11 October 2011
YES,you have to get your existing Enrolment transferred to the other State.
Sailesh Kumar Shah
(Expert) 11 October 2011
Shri R.Ramachandra Correctly advised. I provide procedure, If you change to transferred enrolment to another state:-
Transfer of name from one State Roll to another State Roll
1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under Section 18 of the Act in Form ‘C’ in this Chapter. The application shall be accompanied by
(i) a certified copy of the entry in the State Roll relating to the applicant and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered. On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers
for disposal before the Council or a Committee constituted for the purpose. If the Committee consider that the application shall be
refused, the matter should be referred to the Council for orders.
1A. On receipt of an application for transfer, the “transferor” Bar
Council shall transmit the entire records relating to the enrolment of
the advocate who is seeking a transfer, to the Bar Council of India
together with original of the application for enrolment, retaining an
authenticated copy of the documents with the “transferor” Bar
Council1.
2. (1) The order of the Council on the application for transfer shall
ordinarily be in Form-D in the annexure to this Chapter.
(2) The applicant for transfer shall be informed about the order
on his application.
(3) On receipt of a communication from the Bar Council of India
of an order for transfer :-
(a) it shall be the duty of the advocate who has applied for
transfer to produce the certificate of enrolment issued to him
under Section 22 of the Act for endorsement in Form D-1 in
this Chapter to the State Council on the roll of which his
name appears. The said State Council shall as expeditiously
as possible after the endorsement and the necessary entries in
its roll transmit the certificate to the State Council to which
the name of the Advocate is directed to be transferred ;
(b) on receipt of the certificate endorsed as aforesaid the
Secretary of the latter State Council shall make a further
endorsement thereon in Form D-2 in this Chapter;
(c) on such endorsement being made and the other formalities, if
any, required by law being complied with the transfer shall
be deemed to take effect from the date of the direction of the
Bar Council of India under Section 18 of the Act.
(d) After the application has been allowed by the Bar Council of
India, the Bar Council of India shall transmit the original
records received from the “transferor” Bar Council to the
“transferee” Bar Council and in the event of the application
for transfer is rejected for any reason, shall be transmitted to
the “transferor” Bar Council
(4) A Copy of the Order on the applications for transfer made by
the Council shall be put up on the Notice Board of the State Councils
concerned.
FORM - C
(Under Rule I Chapter III Part V)
BAR COUNCIL OF INDIA
Application for Transfer to another Roll under Sections 18 and
49 (1) (b) of the Advocates Act, 1961.
From
..........................................................
...........................................................
...........................................................
To
The Secretary
Bar Council of India
New Delhi.
Sir
1. I request the transfer of name from the roll of the Bar Council of
................................... to the roll of the Bar Council of ....................
under Section 18 of the Act for the reasons set out by me in this
application.
2. I was enrolled in the Bar Council of ...........................on
.......................
3. My name is entered on the roll of the said Bar Council
.................... and my roll number is
.........................................................................
4. I state that prior to my enrolment as aforesaid, in the Bar Council
of ..................................... I did not make any application for
enrolment to any other State Bar Council and that no such
application was either withdrawn, refused or dismissed.
(If any prior application had been made, details should be given
here).
5. I state that there are/are no disciplinary proceedings pending
against me in any State Bar Council.
6. The reasons for my application for transfer are as follow :-
(If the application for transfer is made within 2 years of the date
of enrolment, applicant should state the reason why even at the
first instance he did not apply for enrolment to the Bar Council to
which transfer is sought).
7. After the transfer of my name to the roll of the Bar Council
.................................. I intend to practise ordinarily at
............................ My permanent address after transfer will be :-
...............................................................
..............................................................
..............................................................
8. I undertake to communicate to the State Bar Council to which my
name is to be transferred, any change in the said address.
9. Till the transfer is effected all communications may please be sent
to the following address :-
...............................................................
..............................................................
..............................................................
I undertake to furnish any further information that may be
necessary in reply to any communication that may be sent to the said
address till the transfer is ordered.
10. I enclose herewith :
(i) A certified copy of entry in the State Roll.
(ii) A certificate from the State Bar Council as prescribed in
Rule 1 (2) in Part V Chapter III.
I hereby declare that the facts stated herein are true.
Place : Signature of the Advocate
Date : (Applicant)
prabhakar singh
(Expert) 11 October 2011
WE simply advised you BUT Mr. SHAH HAS PRACTICALLY DONE IT FOR YOU.AN APPRECIABLE AND NICE EFFORT.
prashant
(Querist) 12 October 2011
thank u very much for telling me the procedure for trannsfer of enrolment from one state to another.
