PART V
The state roll and seniority
Chapter1
Preparation and maintenance of the State Roll
(Rules under Section 17, 19, 20 and 22 of the Act)
1.
(1) The Council may, from time to time, give directions as to the manner in which the State Councils shall prepare and maintain the Rolls under Section 17 of the Act.
(2) The copies of the State Roll to be sent under Section 19 of the Act shall be in Form ‘B—1 and B—2’ as set out in the rules at the end of this Chapter and shall contain such further details as the Council may specify.
2. Particulars of transfers under Section 18 of the Act, cancellations directed under the proviso to Section 26 (1) of the Act, removal of names under Section 26A of Act, punishments imposed by an order under Chapter V, particulars as to the result of appeals under the relevant decisions of the courts, and such other matters which the Council may specifically direct, shall be noted in the said Rolls.
3. Save as otherwise directed by the Council, no other particulars shall be entered in the said Rolls.
4. Every page of the Roll shall bear the signature or a facsimile thereof of the Secretary or other person authorised by the State Council.
5. Authenticated copies of any additions or alternations made in the Roll shall be sent to the Council without delay.
FORM B-1
(Under Rule 1(2) of Chapter 1, Part V)
Part I/II : Copy of Roll under Section 17(1)(a)(b) of the Advocates Act, 1961 of the Bar Council of ………….sent under Section 19 of the Advocates Act,1961.
| S.no. |
Name |
Address |
Date of enrolment under the Bar Councils Act/ Advocates Act |
Date of entry as Vakil pleader or Attorney, if any |
Date of Birth |
Date of Transfer, if any |
If enrolled in Supreme Court, date of such enrolment |
Date of enrolment as Senior Advocate in case designated as such on or after 1-12-1961 |
Remarks (particulars envisaged under Rule) |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
FORM B-2
(Under Rule 1(2) of Chapter 1, Part V)
Part II : Copy of Roll under Sec. 17 (1) (b) of the Bar council of ……….. sent under Section 19 of the Advocates Act, 1961.
| Roll No. |
Name and Address |
Date of enrolment under the Advocates Act, 1961 |
Date of Birth |
Date of Transfer if any, and particulars |
Remarks |
| 1 |
2 |
3 |
4 |
5 |
6 |
Particulars should be entered in the remarks column for persons enrolled under section 24(3)
Chapter II
Prevention of entry in more than one roll
[Rules under Section 17(4) and 49 (1) (ad) of the Act]
1. The rules of every State Council shall provide inter alia, for a declaration in its form of application for enrolment.
(a) that the name of the applicant is not on the roll of any other State Council, and
(b) that the applicant will not, so long as his name is on the roll of one of the State Councils, apply for enrolment to any other State Council.
2. The Council may, on receipt of information that the name of any person is entered on the roll of more than one State Council, after hearing the person concerned, remove his name from any of the rolls on which his name appears and take such other action against him as may be called for.
Chapter-III
Transfer of name from one State Roll to another State Roll
[Rules under Section 18 and 49 (1) (b) of the Act]
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 Council 1.
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 2.
(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)
FORM D
Bar Council of India
Order on Transfer Applications
Resolved that the names of the following persons be removed from and entered in the rolls of the State Bar Councils as shown against their names:
| Transfer Application No. Roll |
Name as in the State Attorney if any |
Date of entry as Vakil, pleader or BC/ Advocates Act |
Date of enrolment under the |
Date of Birth roll of |
On the the roll of |
Transfer to address after transfer |
Permanent Supreme Court date of such enrolment |
If enrolled in |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
Form D - 1
Name transferred to the roll of the Bar Council of ....................... by order of the Bar Council of India made under resolution No .......................... dated ............................................................................................................ Date ................................ Secretary, Bar Council of .................................
Form D - 2
On transfer from the roll of the Bar Council of ............................. with Roll No ................... (vide BCI Order dated .................... and communication of State Bar Council of ............................ Dated ..................) the name is entered in the State Roll of Bar Council of ............................... vide Roll No. ..................................... Dated .............................
Date : Secretary, Bar Council of .................................
Chapter - IV
Seniority in the State Rolls
[Rules under Sections 17 (3), 20 and 49 (1) (i) (ac) of the Act]
1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court :-The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an advocate immediately before the appointed day or who was enrolled after that day shall be determined according to the date of enrolment as advocate.
2. Seniority of other Advocates : (1) The seniority of other advocates referred to in Section 17 (1) (a) shall :-
(a) in the case of persons whose names were entered in the rolls under Section 8 (3) (a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;
(b) in the case of persons admitted as advocates under Section 58 A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners’ Court mentioned in sub-sections (2), (3) and (4) of the said Section 58 A;
(c) in the case of persons admitted as advocates under Section 58AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;
(d) in the case of the other persons be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926.
Proviso to (a), (b), (c) and (d), :- Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled shall be taken as the date for entry for purpose of seniority in the rolls under Section 17 (1) (a) of the Advocates Act, 1961.
(2) In the case of the persons referred to in Section 58 AE of the Act, be the date when they were first entitled to practise the profession of law as provided for in Section 58AE.
(3) In the case of the persons referred to in Section 58AF of the Act, the date on which they are deemed to be advocates.
3. In cases not covered by any of the rules previous in this chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.
4. Seniority of Senior Advocates of the Supreme Court : The seniority of a senior advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as senior advocate.
Chapter V
Special provision for enrolment of certain Supreme Court advocates
(Rules under Section 20 read with Section 49 (1) (i) of the Act)
1. Any Advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State Roll may within 31st December, 1974 express his intention in the form prescribed under this rule to the Bar Council of India for entry of his name in the roll of any State Bar Council.
2. The notification of the Bar Council of India prescribing the date shall be published in the Gazette of India, and copies thereof sent to all Bar Councils. The notification or a gist thereof shall also be published in at least one English Newspaper in Delhi and one English Newspaper in every State.
BAR COUNCIL OF INDIA
Intimation under Section 20 of the Advocates Act, 1961
(Unnecessary columns/entries to be struck out)
To
The Secretary
Bar Council of India,
21, Rouse Avenue, Institutional Area
New Delhi - 110 002.
1: I, ................................................................ (name in block letters), residing at..................................................................................................................................................................................... was entitled as of right to practise in the Supreme Court of India immediately before the appointed day viz., 1-12-1961.
2A. I was enrolled on .......................................... as an Advocate of the Supreme Court of India and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz 1-12-1961.
I have not expressed to any State Bar Council my intention to practise under Section 17 (1) (a) of the Advocates Act, 1961.
OR
2B. (i) I was first enrolled as an Advocate of the Supreme Court of India on ..................................... and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz., 1-12-1961.
(ii) I was enrolled later as Senior Advocate of the Supreme Court of India on ...........................................
My Roll Number as Senior Advocate is ............................................. I have not expressed to any Stare Bar Council my intention to practise under Section 17 (1) (a) of the Advocates Act, 1961.
3. (To be entered if in service) On the date of this intimation, I am in service (Particulars to be given) .............................................
I undertake to intimate my intention to resume practise to the State Bar Council mentioned in column 4.
4. I hereby express my intention as mentioned under Section 20 of the Advocate Act, (as amended ) for the entry of my name in the roll of the Bar Council of ................................................................
...............................................................................................................I declare that the facts set out in this form are correct.
(Signature)
Date: ............................................
Place: ...........................................
Address:........................................
.....................................................
.....................................................
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