Transfer of membership from one state to another state
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
Dear friends,
I want to transfer my membership from Bar council of Maharashtra & Goa to Bar council M.P. For that I need certificate from Bar council of Maharashtra & Goa regarding my membership.How could I get such certificate? Whether any proforma of application is available?
I will be very thankful for the help.
prabhakar singh
(Expert) 03 December 2011
30. Right of advocates to practise.
Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends, -
(i) In all Courts including the Supreme Court;
(ii) Before any tribunal or person legally authorised to take evidence; and
(iii) Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice.
hence nothing you need to do.practice wherever you like without any transfer.
Sailesh Kumar Shah
(Expert) 03 December 2011
Extract of BCI Rules:-
Transfer of name from one State Roll to another State Roll
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.
Sailesh Kumar Shah
(Expert) 03 December 2011
18. Transfer of name from one State roll to another.—(1)
Notwithstanding anything contained in section 17, any person
whose name is entered as an advocate on the roll of any State
Bar Council may make an application in the prescribed form to
the Bar Council of India for the transfer of his name from the roll
of that State Bar Council to the roll of any other State Bar
Council and, on receipt of any such application the Bar Council
of India shall direct that the name of such person shall without
the payment of any fee, be removed from the roll of the first
mentioned State Bar Council and entered in the roll of the other
State Bar Council and the State Bar Councils concerned shall
comply with such direction:
1[Provided that where any such application for transfer is made
by a person against whom any disciplinary proceeding is pending
or where for any other reason it appears to the Bar Council of
India that the application for transfer has not been made bona
fide and that the transfer should not be made, the Bar Council of
India may, after giving the person making the application an
opportunity of making a representation in this behalf, reject the
application.]
(2) For the removal of doubts it is hereby declared that where on
an application made by an advocate under sub-section (1), his
name is transferred from the roll of one State Bar Council to that
of another, he shall retain the same seniority in the latter roll to
which he was entitled in the former roll.
Form C attached herewith.
Querist :
Anonymous
(Querist) 05 December 2011
Section 30 of Advocates Act comes into force; now lawyers can practise in all courts
So far, in some courts, lawyers could appear only if they were permitted by presiding officer
Lawyers thank Veerappa Moily for his efforts at notifying Section 30
NEW DELHI: Now, lawyers can practise, as a matter of right, in all courts and forums, including tribunals or any quasi-judicial authority.
Fifty years after the Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from Wednesday — to enable advocates to practise anywhere.
This provision was not notified when the Act was added to the statute book. As a result, in certain courts and tribunals, lawyers could appear only if they were permitted by the presiding officer concerned.
The long-pending demand of lawyers for notifying this Section was fulfilled, thanks to Union Law Minister Veerappa Moily's initiative.
Section 30 of the Act says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.”
In an interaction earlier this month with The Hindu, Mr. Moily said he would take immediate steps to get Section 30 notified. The government issued the Gazette Notification on June 9. It said: “The Central government hereby appoints June 15, 2011 as the date on which Section of the Advocates Act shall come into force.”
All-India Bar Association chairman Adish Aggarwala and vice-chairman S. Prabhakaran, who is also a Member of the Bar Council of India, have welcomed the Centre's decision and thanked Mr. Moily for his efforts at conceding the long-pending demand of lawyers.
Thanks a lot prabhakar singh Ji, after your advice I make search and found the upper information relating to notification . Thank you very much once again.
Shonee Kapoor
(Expert) 05 December 2011
Thanks for the information.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 07 December 2011
@ Shri Prabhakar Singh
As BCI rules, He Shall have to 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.
Sailesh Kumar Shah
(Expert) 07 December 2011
Extract:-
"(Rules under Section 49 (1) (ah) of the Act)
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."
