Section 18 of Advocates Act, 1961 Transfer from one State Bar Council to anothe
The Advocates Act, 1961, clearly stipulates “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…”
Bar Council of UP is asking for a Rs. 1050 Demand Draft for issuing a No Objection Letter and transferring my registration to another Bar Council.
Two things are important:
1. No Objection Letter;
2. Transferring my registration.
My question is, the Advocates Act, 1961 doesn’t stipulates such fee any where, not even for the No Objection Letter, then why should the Bar ask for such DD.
Pls let me know if my understanding is completely wrong.
Thank you,
dt
5 Replies
i want to know particular one advocates registration id i n a bar council of calcutta he is my klawyear but he is refusing me to give hos registration number and my other document how i will get his licence number ?
That is probably because the sections dealing with an enrolled advocate’s right to practice in ALL COURTS under the Jurisdiction of the Bar Council of India was never notified, and hence, remained ineffective. So there is no ‘Right’ to transfer your enrollment from one state to another, hence the fee. Also in the newspapers, the Law Ministry is notifying relevant sections of the Advocates Act, so in a couple of months a lawyer registered anywhere in the country will be able to practice anywhere in the country. Can’t give you a citation on that, but there’s an article in today’s edition of ‘The Hindu’. I’m sure you can find the same thing in other papers too.
see the vakalatnama. Usually it will have his enrollment number. Or Ask the Court Clerk where he practises for his details.
i suggest you to go through the rules and regulation of Bar Counsel, UP, if any. because such rules and regulations may authorize Bar Counsel, UP to levy such fee for transfer of enrollment, despite there is no version in The Advocates Act, 1961. So go through the rules and regulation of Bar Counsel, UP, if any then fight it out.
Thanks for your reply - however i have to come across the said Notification by Mr Moilly yet.