In accordance with BCI Rule 1975-Sec.1- Part VI-Chap.III (Conditions for right to practice) an Advocate has to apply for an enrolment transfer (Sec.18) that if he /she wants to do his/her Law practice in another State jurisdiction where he/she is not actually a member of particular State Bar Council within Six months of the start of such practice or otherwise it shall be deemed that he/she is guilty of professional misconduct within the meaning of Section 35 (Punishment of advocates for misconduct )of the Advocates Act.
In accordance with Sec-49.A of Adv.act 1961- the Central government has the power to make rules ,thus the Ministry of Law and Justice of India / Government of India has notified Section 30 of the Advocates Act 1961 in the Gazette of India dated 9.6.2011 (S.O.1349 E) declaring that the Government appointed, '15.6.2011' as the date for giving effect to Section 30 of the Advocates' Act 1961 and all the Lawyers have acquired a right to Practise before all Courts/Tribunals and such other Forum of India as a matter of right and In view of the notification as aforesaid, Section 30 of the Advocates Act, 1961 has been brought into force from 15.06.2011 and as it stands so,
Even after the notification of Government has said that it has notified Section 30 of the Advocates Act, 1961 recently enabling the lawyers to practice in courts across the country irrespective of their enrolment in any Bar Council without the need to transfer license to their desired States. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that subject to provision of the Advocates Act, 1961, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends. He informed the House that this section has come into force with effect from the 15th June, 2011
[ https://www.lawnotes.in/Section_30_of_Advocates_Act,_1961#ixzz3NUXobWkQ]
Questions / Seeking valuable expert’s opinion on this:-
1).Whether Sec.1-Part VI-Chap.III (Conditions for right to practice) of BCI Rule-1975 is still valid even after the Central government notification or not?
2).Sec .30 of Adv.act 1961 prevail the BCI rule after the government notification and the Bar Council rule shall to the extent of the repugnancy be void? -(As per my point of view Sec.30 of Adv.act 1961 prevails the BCI rule Sec.1- of Part VI-Chap.III -which restrict an enrolled Advocate is now “null and Void”)
3).Whether an enrolment transfer application is mandatory even after the Central government official Gazette notification on Sec.30 of Adv.act or not? / An advocate can do his Law practice in any other jurisdiction without any enrolment transfer? If so, it will be deemed as guilty of professional misconduct?
4) If the above BCI rule is now “Void” whether it has been amended by the BCI based on this Government notification? -(As far as I am aware there was no any amendment till today based on the Government notification).
Note: Gazette notification has been attached.
