Surrender of bar licences

Querist : Anonymous (Querist) 16 March 2020 This query is : Resolved
Please help me to understand the process of surrendering the bar council of UP licence. Please share the steps, Thanks in advance.

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This discussion clarifies the procedure for an advocate to surrender their Bar Council licence in India. It outlines that an advocate intending to suspend their practice must inform the State Bar Council via registered post, submitting their original enrolment certificate. The process for resuming practice also involves an affidavit to confirm no disqualifications were incurred during the suspension period. While the Advocates Act, 1961 and its rules provide the framework, individual State Bar Councils may have specific procedures or forms available on their websites.

Raj Kumar Makkad (Expert) 16 March 2020
You being a lawyer should go through the rules which clearly describe the procedure seeking suspension of his license. For your ready reference, those rules are mentioned herein:

BAR COUNCIL OF INDIA RULE 5:

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 suspension together with his Certificate of Enrollment in original.

(2) Whenever any such Advocate who has suspended his practice desires to resume his practice, he shall apply to the Secretary of the State Bar Council for resumption of practice, along with affidavit stating whether he has incurred any of the disqualification under Section 24A Chapter III of the Advocates Act, 1961 during the period of suspension.

(3) The Enrollment Committee of the State Bar Council may order the resumption of his practice and return the Certificate to him with necessary endorsement. If the Enrolment Committee is of the view that the Advocate has incurred any of the disqualifications, the Committee shall refer the matter under Proviso to Section 26 (1) of the Advocates Act, 1961.

(4) On suspension and resumption of practice the Secretary shall act in term of Rule 24 of Part IX.

N.K.Assumi (Expert) 17 March 2020
Thanks Makkad Sir, for your accurate responds, as this provisions is followed more in breach in the country, as no one bothers about it and joins regular services of various kinds after enrollment. .

Rajendra K Goyal (Expert) 17 March 2020
Inform the respective State Bar Council in writing through Registered post regarding suspension of your license.

Raj Kumar Makkad (Expert) 18 March 2020
Most welcome Mr. Assumi.

T. Kalaiselvan, Advocate (Expert) 18 March 2020
Your concern is about the surrender of licence of bar council or about any other undesirable activities by an advocate enrolled under the advocate's act, 1961?
However you may please note that you have answers for all related questions in the advocate act clearly explained which at the cost of repetition, not repeated, you may peruse the bare act and get the details clarified.

Raj Kumar Makkad (Expert) 18 March 2020
T. Kalaiselvan Sir has rightly advised you to go through the relevant provisions contained in the Advocates Act and Rules framed there under wherein you shall find the solution of all related problems.

T. Kalaiselvan, Advocate (Expert) 19 March 2020
Makkad Sir, thank you for supporting my views in this regard.
In fact the querist can always put some efforts to go through the relevant law to know more about the subject issue since he is not a layman and can very well understand the legal jargon therein.

KISHAN DUTT KALASKAR (Expert) 19 March 2020
Dear Sir,
You may approach the concerned Bar Council to know the detailed procedure as each Bar Council has framed its own rules which may be similar to other Bar Councils also.

Rajendra K Goyal (Expert) 22 March 2020
Otherwise, most of the State Bar councils are having their site, can search site for the forms if available.

Raj Kumar Makkad (Expert) 22 March 2020
I have gone through some Bar Council Rules, wherein such issues are not found mentioned so better to go through Advocates Act, 1961.

Rajendra K Goyal (Expert) 27 March 2020
You can inform the respective Bar Council in writing regarding your job and hence suspending your membership, if no form is available.

Raj Kumar Makkad (Expert) 27 March 2020
Advocates Act, 1961 not only provides specific provision but also the due format so the author should use it as already advised.

Rajendra K Goyal (Expert) 30 March 2020
The Author has not specified whether why he want to surrender license, whether permanent or for some time being in employment?

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