Transfer of Advocate’s Membership From Roll of One State Bar to Another-

Any person whose name is in the roll of a State Bar Council can be transferred to the Bar Council of another State. The Advocate who seeks to transfer his registration from one state to another must make an application on this behalf to the Bar Council of India. Then on the direction of the Bar Council of India, the transfer of the Advocate’s membership from the roll of one State Bar Council to Another can be done.

Who is Advocate-

An Advocate is a person who is recognized/authorized by the Law to argue for the cause/issue of another person, especially before a Court of Law. Advocates are the persons who have been legally authorized by virtue of the Advocate Act, 1960 to practice the legal profession before a court of law/tribunal etc. To know more you can click here.

Registration of Advocates-

For appearing in a case before a court of law it becomes very expedient to get registered as an Advocate. For getting registered as an Advocate one must fill out the application form of the respective State Bar Council in which the person wants to get registered. The Advocate Act, 1961 has authorized the State Bar Councils to prepare and maintain the roll of Advocates. To know more about Registration Click here.

Transfer of Registration-

After getting registered as an Advocate, any person can start practising the legal profession before a court of law, tribunal etc. Any Advocate who wants to continue his legal profession in any other place but within the jurisdiction of that State Bar Council then it’s OK. But if at the place the jurisdiction of that State Bar Council doesn’t extend then what the case may be? In this situation, the registration needs to be transferred from one State Bar Council to Another State Bar Council.

Conditions for Transfer of Registration-

For Transfer of Registration from a roll of one State Bar Council to the roll of another State Bar Council fulfilment of certain conditions are necessary which are –

1. He must be a citizen of India.
2. He must be registered within the roll of a State Bar Council from which registration is to be transferred to the roll of another State Bar Council.
3. The application for transfer must be made bona fide.
4. There should not be any pending disciplinary proceedings.
5. If the application for transfer is made within 2 years of the date of Enrolment, applicants should state the reason why even at the first instance they did not apply for Enrolment to the Bar Council to which transfer is sought.

Procedure and Provision for Transfer of Registration-

Section 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:

[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.

Section 49– General power of the Bar Council of India to make rules-

(1) The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe

(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;

(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;

(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3;

(ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll;

(ae) the manner in which the seniority among advocates may be determined;

(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;]

(ag) the class or category of persons entitled to be enrolled as advocates;

(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;

(b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another;

(c) the standards of professional conduct and etiquette to be observed by advocates;

(d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose;

(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act;

(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee;

(g) the restrictions in the matter of practice to which senior advocates shall be subject;

(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;]

(h) the fees which may be levied in respect of any matter under this Act;

(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced;

(j) any other matter which may be prescribed:

[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:]

[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government.

(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.

Section 18 of the Advocate Act, 1961 makes provision regarding the transfer of the name from one State Roll to another State Roll of another State Bar Council. Section 49 (1)(b) of the Act states the form in which an application shall be made for the transfer of the name of an Advocate from one State roll to another. The procedure for the transfer of the name of an Advocate from one State roll to another State roll is as follows-

1. Any person whose name is entered on any State Roll may make an application to the Bar Council of India for transfer under Section 18 of the Act in Form ‘C’ in Chapter 3.
2. The application shall be accompanied by-
   • A certified copy of the entry in the State Roll relating to the applicant and
   • 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.
3. On receipt of an application for transfer, the Secretary shall enquire from the State Bar 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.
4. 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 the original of the application for enrolment, retaining an authenticated copy of the documents with the “Transferor” Bar Council.
5. The order of the Council on the application for transfer shall ordinarily be in Form-D in the Annexure to this Chapter 3.
6. The applicant for transfer shall be informed about the order on his application.
7. On receipt of a communication from the Bar Council of India of an order for transfer:-
   • It shall be the duty of the Advocate who has applied for a transfer to produce the certificate of Enrolment issued to him under Section 22 of the Act for endorsement in Form D-1 in Chapter 3 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 ;
   • 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.
   • 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.
   • 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.
8. 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.

Fee payable for transfer of Registration-

A Sum of  Rs. 20/- (Rs. 2000 Transfer fees ) in the name of “Bar Council of India”, payable at New Delhi towards transfer application under the Rules of the Bar Council of India in Part VIII. The amount may be paid to the Bar Council of India by way of a Demand Draft, M.O., or in cash.

Application form for Transfer of Advocate’s Membership From the Roll of One State Bar Council to another-