Surrender of enrollment
bhavik
(Querist) 12 July 2012
This query is : Resolved
HI,
All experts,
if an advocate is going to out of India without surrendering his enrollment with bar council. so he should require to surrender his enrollment or not ?
if he will come back to India after five or ten years than he can start his practice again as an advocate.
Means, NRI advocate have to surrender his enrollment or not ?
kindly give your advice.
Bhavik
ajay sethi
(Expert) 12 July 2012
Under the Advocates Act 1961, only Indian citizens can be advocates. Any Indian lawyer who migrates overseas and acquires foreign nationality will immediately cease to an Indian advocate on acquiring such foreign nationality. not only should one be an Indian citizen at the time of registration as an advocate, one must continue to be an Indian citizen to be an advocate. The moment you nationality changes, you become ineligible to be an advocate.
if he has gone abroad and is working overseas he must intimate Bar council on which his name appears and cease to practise as an advocate as long ashe is in employment
Guest
(Expert) 12 July 2012
Dear Bhavik,
When a person is enrolled as a Lawyer with Bar Council, he has to give an undertaking. It includes the following which as a Lawyer the person undertakes to perform:
UNDERTAKING
(a) I HEREBY UNDERTAKE that if after my admission as an advocate, I accept full or parttime service or I am engaged in any trade, business or profession (Unless exempted by the Bar Council under its Rules) I shall forthwith inform the Bar Council to put my name in the non-practising advocates list for suspension of my sanad, and I will also surrender my identity card and sanad to the Bar Council Office immediately.
(b) I HEREBY UNDERTAKE that I shall not accept any employment which, in the opinion of the Bar Council, is derogatory to the status of an Advocate.
(c) I HEREBY DECLARE & UNDERTAKE that -
(i) I shall uphold the Constitution of India and the Laws.
(ii) I shall faithfully discharge every obligation cast on me by the Advocates Act, 1961 and the Rules framed thereunder :
(iii) I shall inform the Bar Council of any change of address of my residence or place of practice for the proper maintenance of the Roll and Voter’s List.
(iv) I HEREBY UNDERTAKE that if I fail to inform any change in my profession or I fail to inform about change in my name & address within 15 days from the aforesaid change the Bar Council is at liberty to take suitable action against me.
(v) I HEREBY UNDERTAKE that I shall produce my attested LL. B. Convocation certificate within six months from the date of my enrolment as an Advocate.
(vi) I have no objection if my B.A. / B.Com / B. Sc. etc. degree is not shown on the enrolment certificate till I produce the attested copy of convocation certificate of the same.
(vii) I UNDERTAKE to furnish such other particulars as may be required of me for the purpose of this application.
I undertake that if the above is not followed by me, the Bar Council can take action against me.
(viii) I declare that I had no previous conviction of any kind by any court. (if there is any conviction or adjudication, particulars thereof should be furnished).
(ix) I declare that I am not being adjudged insolvent by any court.
(X) I declare that I am not suffering from any contageous disease and nor have I suffered from any contageous disease within a period of one year prior to my application.
(In the event of an applicant stating that he is suffering from any contageous
disease or he has suffered from any contageous disease within a period of one year, he shall attach a medical certificate for the same).
(xi) I hereby declare that if admitted as an Advocate, I will faithfully observe and abide by all the rules, made by the Bar Council of Maharashtra & Goa & the Bar Council of India as amended from time to time for regulating the conduct of Advocates on the State Roll, a copy of which is furnished to me and I have read the same.
(xii) I declare that the statements made in this application are true to my personal knowledge, information and belief.
Guest
(Expert) 12 July 2012
No binding on surrender of enrollment. Tne advocate needs only to notify change of address within 15 days in such a case, as mentioned in your query.
bhavik
(Querist) 13 July 2012
Dear PS Dhingra Ji,
your answer is saying not need to surrender of enrollment.
I am not change my nationality. i m still Indian citizen. Also still i don't accept the any other country PR (Permanent Residence) & citizenship.
i m doing job outside India.
Whenever i come back to India, than i can start again my practice as an advocate in India or not.
if i get PR of any other country then what should i do.
bhavik
V R SHROFF
(Expert) 13 July 2012
u r doing job outside India.
So inform Bar Council.
U cannot practice while on job. & ur address chg.
Guest
(Expert) 13 July 2012
Dear Bhavik,
Your query was about going out of India, but did not mention for what purpose, i.e., job, etc. So, my reply was as per the information provided in your question. Enrollment has to be cancelled only on acquisition of citizenship of other country or the death of the member.
Status of enrollment with the bar council with a view of doing a job whether in India or in another country is quite a different issue, which you did not mention in your original query. But, since you are doing job you would need to surrender your enrollment, as a practising member cannot engage himself in any private job in addition to practice.
