BAR COUNCIL OF LNDIA New I)elhi:291h Osrober. 7,014 Extracts of the minutes nf tile meeting uf General Uouncil ul Rur Cr,uncil of India held on 17~ October, 2014. Itcm No. 27612014 (i) The Council considered he draft Rules in regard to Bar Cu~ltliil of India Certificate of Practice and Renewal Rules, 20 14 and passed ihe following resolution:- Resulr~tio~l Nu. 16912014 The (:r~uriciI resnlves that the draft rules ill rcg3t.d to Rat Council of lrdia Certificate of Practice and Renewal Rules, 20 14 sulrlnilird by the Sub-Committee he and is hereby approved. 'I'hesz rule< haxr brrn fran~rd ill {lie exercise of powers confcrrcd on ~t by Section J9(l)(ag), 49(ah) and 49(i) of the Ad\ ouatec hol, lob]. 11 IS fill 111ci :e\ulvcd that these rules shall be added as Part V-A of rhe Bar Council of India Rules ~ilh a titled B.lr COIIIICI~ of Inda Ccrt~licate uf Practice and Renewal Rules, 2014.
Transcript
BAR COUNCIL OF LNDIA
New I)elhi:291h Osrober. 7,014
Extracts of the minutes nf tile meeting uf General Uouncil ul Rur Cr,uncil of India held on 1 7 ~ October, 2014.
Itcm No. 27612014
( i ) The Council considered he draft Rules in regard to Bar Cu~ltliil of India Certificate of Practice and Renewal Rules, 20 14 and passed ihe following resolution:-
Resulr~tio~l Nu. 16912014
The (:r~uriciI resnlves that the draft rules ill rcg3t.d to Rat Council o f l rd ia Certificate of Practice and Renewal Rules, 20 14 sulrlnilird by the Sub-Committee he and is hereby approved.
'I'hesz rule< haxr brrn fran~rd ill {lie exercise of powers confcrrcd on ~t by Section J9(l)(ag), 49(ah) and 49(i) of the Ad\ ouatec hol, lob]. 11 IS f i l l 111ci :e\ulvcd that these rules shall be added as Part V-A of rhe Bar Council of India Rules ~ i l h a titled B.lr COIIIICI~ of I n d a Ccrt~licate uf Practice and Renewal Rules, 2014.
I t is also noticcd 25 pcr thc decision taken under Item 27412014 whereby the same Committee was requested to suggest arner~drrients in (-hap~t.r 1 ol' Part-Ill o f llie Rules uf Bar Council of India in order to u-ccd-out Ihc fdkc and bogus votcrs. The voter-list shall be prepared by llle Stale Bar Councils with a photographs of Advoc~tcs . Accordingly, the sub- Comtrlittee suggested amendments in the R d e I nnd Rule 2 conlain in Chapter I of Part-111 of the Bar Council of India Rulcs rcapcutitig preparation of electoral roll, disqualification of membership and vacation of office.
Bar Council of India Certificate of Practice and Renewal Rules. 2014.
Statement of objects and reasons:
Tl~r legal profession is an honorllh1e one and it has critical role to play in protecting iu~d promoting hr Civil and C ~ l ~ ~ < t i t i ~ t i o t l ~ l rights of the people. Ari independent and fearless Bar is vital and crucial for sustaining and promoring a i ~ u r and hcalthy dcmucracy. Thc Bar which is subject to n~anipulation and influence from exlraneclus powers, howsoever 1111gh~y a t ~ J C S L C ' C ~ C ~ thcy nray bc. cannot do justice either to the Legal Profession or to the Rule of Law. Bench and Bar
the [WO whe.4~ OK ;l chariol and one canno1 fun~ l ion without the othcr. Sadly, this profession has fallen under 3 cloud.
I I I tile Joiot hlezting of the reprehenlalives or all State Bar Couilcils and Bar CuunciI of India, conccms were raised by all that trzrlcl of hcltocateh swilcbing over Lu olher prufcssionslscrviccslbusincss without any information to Ihc Statc Bar Courlcil h.1~ r t a ~ h z d alxrnittg pruportions. This trend is endangering the legal profession as a whole. lr has also made a dct~t 111 it^ s:ulctity and stattdards. Narnes of such advocates continue to be included in the "Roll of advocates" being m;iil:r:uned hy t l ~ r S h t c Bar Cuuncils, notwithstanding the fact that they have left the legal profession or have since died. Though urldzr section I9 of the Advocates Act, (he Spate bar Councils are under legal obligation to send a copy of the R l d l ot advncatcs 111-cparcd by it under section 17 of the Act and subsequent alteration~/~~dditions thereto but practically nr, C I ~ I I L ' h ~ l r C ~ U U I ~ C I ~ I I ~ S ~ b s c r v c d this nra~ldatory provision of the Act up till now.
llrldzr thew clrcum\lancr\ il appears hit a definite trcnd is vislblc that the control of Bar Associations and of other elected bod~es under the Advocates Act is slipping our of the hands uf the advocate5 wlw practice law. It is also bcing experienced that after certificalr of enrmlmenl is ihaued lu an advocate, prictically t ~ o communicative m d continuing contact survives between him and h e Council unless strme complaint IS mdde against him.
Undcr the existing state of affairs, All India Bar Examinaticln inrroduced cln the direc.ciondobservations of the Supreme C U L I I ~ of Itidid to in~priive the sbandartl nf l e g ~ l prc)fe<sion liar alao h~lccl to fully achicvc its objective. Advocatcs cnrtlllcrl w ~ t h the State Bar Councils obtain "Pro\ isional Certificate of Practice" (valid for 3 years) and thereafter most of thcm arc p rac t~c~ng L a w without caring l u appear fur All Indin Bar Exatnitratiilri a r~d to pnqs it
Val-ic~i~s wclfirc s c h c ~ ~ i c s for advocates have been floated in Indin both urldzr State Lzgislariclns as well as under various we1l';lre schemes f'rnmed by diffcrcnt Statc BU- Councils a ~ d by Bar Coullcil of India but benefits there-under are being enjoyed by those also who have left the prufct;bion.
Thcl-c is also an urgcnt ~ c c d for laying d u w sunle conditions for practicing law in different Courls so as lo give due weightage and crcdcncc to cxpcricncc. BC~VI-c an advocnte could praciice law in higher Court?;, thcre is need that he is exposed tn real courl experience in luwcr Cvurrslrriul Courls. This will help in integrating the wlwle judicial system from the perspective of the Bar.
Therefore, in order Ln achieve helter and effcc~ivc administrative and disciplinary control of the local Bar Associations, Starc Bar Councils and the Bar Council of India ewer thr advocares entered on the Rolls of advocates bcing maintilincd by difltrenl S h t c Bar Councils under section 22 of the Advocates Act and further in order to weed nut advocalzs who have left practice, tlie Bar Council of India, in the exercisc of puwcrs conferred on it by section 49(1) (ag), 49 (ah) @(I) oI' thc Advocatcs Act. 1961 and by all other enabling and res id~~ary powers vested in it, i s pleased to make Ihe following rilles ~illetl " Bar Council of India Certificate of Practice and Renewal Rules, 2014" for the purposes of carrying into effect lhe pn)visions and objectives r ~ f the said Act:-
CHAPTER I
PKELlMIN ARY
I . Shurt l'itle:
Thew Rules shall be called ,Is the Certificale of P r i l i c e and renewal Rules, 2014.
T11t.w rille\ will bc applti3blc to all the advocates whose names appear on the Stare Rolls being maintained by ~ h c Statc Bar Cout~cils uttder section 17 of the Advocaks Act, 196 1.
3. Datc ol cornn~cncen~ent:
14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IlI-SFX. 41
These rules, except Rule 7 of Chaptcr 111, shall come into force at oncc from thc date of publication of these Ritles in the Gazelte or India. Rule 7 of Chapter I I I shall come into k r c e on such date as ihe Bar Council of India may, by notification in the Gazettc of India, appoint in this behalf.
4. Definitions:
(a) Act means the Advocates Act, 196 1.
(h) Advocate means an advocate whose name is entered in the Roll of advocates being maintained by thc State Bar Cuuncils mder section 17 of lhe Advocates Act. 196 1.
( c ) Certificate uf Enrolment means the certificate of enrollment held by an advwate issued undcr scction 22 of the Advocatex Act, 196 1.
(d) Certifiuate oC Pra~$ice in relation to an advocate having obtained graduate degree in law before the xlidcmic year 2010 cnrullcd on thc roll of Advocatcs shall mean Certificate of Practice issued under Rule 13 m d in relation to an advocate graduating in law in academic year 2009-2010 (I" July, 2009 to 30"' June, 2010) and lhereafier, enrolled un or after 12Ih Day of June, 2010, Certificate of Practice mearis the "Certificale of Practice" issued under All India Bar Examination Rules or under Rule 13 of these R ~ ~ l e s as the case may be.
(e) Practicc Fund means the atnount received by the State Bar Cnuncils under these rules on its own bchalf and on behalf of the Bar Council of Indin and different Bar Associations situated within the ierl-iiori;d limits uf the Statc Bar Council.
(t) State Bar Council ttleans the State Bar Councils as defined under section 3 (1) (a) of the Advocates Act. 196 1.
(6) Practice Fee means the amountls payablc undcr thcsc rulcs as practice fce and this amount may be varied by lhe Bar Council of lndia from time to time and on such variation, the varied amount shall mean the fee.
(h) Kar Association r j l ' a given arell/town/city means m areidterritory and court work based association of advocates, weather registered under the Societies Registration Act (Act No. XXI of 1860) or not having its arcdtcrritory defined in terms of the whole or part of the territorial jurisdiction of Courts~l'rib~tnalsIPersnns or any olher Authorities legally competent Lo take evidence before which its mentbers ordinarily practice law and it includes Bar Association exclusively dealing in specific fields of law viz. Income Tax, Corporate law, CentraUState Excise Law etc. in relation to the authoritics/tribunals/boards etc. there-urider.
(i) "Rnll nf advocates" means "roll" as defined in the Advocates Act.
u) "Adnlinistrativc Committcc" sball mean a committee comprising of Lhree members of the State Cn~~nci l , consliluted hy the Siaie Bh Council by wsly uf electiun, fur discharging such functions and ditties as are entrusted to it under these Rules. There may be more than one such Committee depending upon the work load of a particular State Bar Council.
(k) An nun-practicing advocate is an advocate who is so declared under Rule 13 and Rule 20.2 of these Kules and whose name stands published under Rule 20.4.
(1) All terms and phrases used in these rules shall have the same meaning as they have under the Advocatcs Act, 1961, unless the context in which such words and phrases are used, expressly suggest to thc contrary.
5. Necessity or "Certificate of Practice":
An advociltc shall not bc entitled to practice law u~lless he holds a valid certificate of practice issued either under All India Bar Examinatiotl Rules or under these Rules.
This disability to practice law would come into Corce only when the ndmelnanies of such advwatels islare published under Rule 20.4.
CHAPTER 11
LOCAL BAR ASSOCIATIONS
6. Advocatc to hc a member nP the Rar Association where helshe normallv practices law:
h.1 An advocate, aftcr having obtained a Certificate of Enrollment under seclicln 22 of the Advocates Act, 196 I , is required to get himselr registcrcd as a mcmbcr of the Bar Assoc~illion where he ordinarily pradices law or intends tu practice law.
6 . 2 In case an advocate lcavcs one Bar Association and joins another by reason of change of place of practice or by reason of changc of ficld of law, hetshe shall intimate such chiunge wit11 all the relevant parlici~lars Lu tlie State Bar Council. of which he is a member.
Such fact of leaving as well as of joining shall be independently inlimaled lo the aforesaid said Bar Council within a pcriod of one inot~th.
6.3 Bar Associations to apply to the respeclive Bar Council within whose jurisdic~iui~ they are lwated, for being rccog~iizcd under these rules. Recognition shall be accorded to such a Bar Associali~n ~ n l y ivliich falls within lhe definition of Bar Association as dcfincd in these rules.
CHAPTER 111
hlINIMUM EXPERIENCE REQUIRED TO PRACTICE BEFORE HIGHER COURTS OF LAW.
7. C ~ t l d i t i ~ t w for practicing law in different Courts of law:
7.1 ,411 ~([vocate, cnrullcd on the roll of advocates after the enforcement of these Rules, after having r>h;:ut~cdlt-enewed Certificate of Practice, shall be elltitled to practice law only before such Courts of Law irs ~ r z equivalent to Scssjons Judge or District Judge and such other Courts in specific fieldls of law 11x11 ;Ire exercising uriginal jurisdiction in the matters covered by such fields of law and at1 other Cui~rts which arr auhr lrdinatc tu tl~cm.
7.2 An advocatctc, cnrollcd on the roll of advocates after the enfilrzenitnt of these Rules, after having practiced law berorr Courls. Tribunals ctc. mentioned in Rule 7.1 for a period of not less than two (2) years, shall be entitled to PI-ucticc law before a High Court arld such other Courts in specific fields of law that are exercising nppzllnlr: nr reviaiclnal juri5dicticlr1 In t11c nlattcrs covered by such fields of law and all other Cllurls which arr suhnrdina~c lo thcm.
7.3 An advocate enrolled on the 1-011 O F udvoca~ct; aftcr thc c t l fo~ren~znt of these Rules, after having practiced law before Courrl; oE L a w mcn~ioncd in Rule 7.2 for a period of t~ut less than three (3) years shall bc cntitled to practice law before the Supreme Couri o f India subject to such other terms and conditions as may be in forcr In lhe Supreme Cr~urt or India.
CHAFTEH 1V
APPLICATIONSIORDERSIOB JECCI'10N YE'I'lTION W lTH RESPECT TO GMNT/RENEWAL OF CERTIFICATE OF PRACTICE
8. Application for grant of "Certificate of Pradice" by advocates enrolled on or before .Tune 12,2010:
8.1 An advocate grdduating in la\\; In acadelllic year 2009-2010(1" July, 2009 to 30Ih June, 2010) and thereafter, enrolled on the "Roll of Advucaies" on or after June 12, 2010, is required to apply for issuance of "Certificate of Practice" under All India Bar Examination Rules, 2010 and for renewal of such "Certificate of Practice" fro111 ihe State Bar Council in which helshe is enrulled as an advoca~c ut~der Rule 9.
8.2 An advocate having oblilined graduate dcgrcc in law bcfore the acadenlic year 2010 enrolled on the "Roll of Advocates", i s rcqu~tcd to apply for issuance of "Certificate of Practice" from the State Bar Cui~ricil it1 which 11el.rlie 1s enrolled as an advocate under this rule within a period of 6 months of the enrorcemcnt of thcac Rulc~lllatz of enrolment.
8 . 3 Evcry ilppllcaticjn for i b s u ~ t ~ c r of Certificate of Practice shall be submitted in rhe prescribed format as EL ven in Form A annctcd wit11 these Rules disclosing all the necessary information as required there ur~der to the Slatt: Bar Council, with which hdshe is enrolled.
H 4 Evcry such applicnriilri shall be accompinied by the following documents, certificates, declaration, fee ctc.:-
1. "Pr;lcii<r kr" in ihe sum of Rs. 5,00 (Rupees five hundred only) by way of Bank Urnt't.;lAcc.o~~nt p~lyce biirik cheque in the nailles of the following officials:-
2. Secretary Statc Bar Council, with which the applicant is enrolled for a sum of Rs. 4XI (Rupees k ~ u r hundred only);
b. Secreiary. Bar Council of India for Rs. 100 (One hundrcd only).
11. A declaration in thc ptcscribtd format as given in Form B annexed with these Rules;
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 111-SEC. 41
, , 111. Two passport size photographs duty attested by the PresidentlSecrzIary or the Bar Asroc~allon
or by any uther officc bcarer of the Association who is duly authorized fur this purpose by the Bar Association, of which thc appliruit is a nlembcr, or by a rne~nber of the State Bar Council;
I V . Cerlificate in Form C issucd by thc PresidcntlSecretary or by any other office bearer of the Association who i s duly authorized for Lhis purpose by the Bar Assucialiun, of which the applicant is a member, to (he effect that the applicant advocate is a bona fide mcmbcr of thc concerned Bar Association and that hc has nut lcft law practice.
In case, the applicant has bccn a member of different Bar Associalinns at different times since the iss~rance of cerlilicale of cnrol~ncnt undcr section 22 of the Advocates Act, 1961, such certificates may be ob~ained Troll1 the Presidents/Secrctarics of thc different Bar Associations, aT which the applicanl remained a membcr, at diffcrcnt times.
I I I c u e , the ccrtificatc of enrol~llent under section 22 of the Advocates Act, 1961 was granted ttwl-c than tivc (5) years prior to the date of application, such certificatelcertificates needs to br c~ltltincd only lo a pcriod of five ( 5 ) years.
t1.5 Thal the aforesaid applicatiun may bc tiled by the applicarir along with all the aforesaid documents either by hand in the Office of the Slate Bar Council agiinat ptopcr rcccipt or sent to the Secretary under registered post or rlimuph the Bar Associa~ion, or which helshc i s a n~embcr.
9. Applicetion for Rcncwal of Certificate of Practice:
9.1 The Cerlit'icate of Pwclice ~s>ued tn a11 advocak undcr Rule 13 of these Rules or under All India Bar Examination Rulcs and renewal thereof, shall be valid for 3 period of live y t m (5) years only and i s liablc to be rcncwcd every five (5) years by f i l i n ~ an application for rr'nchal in advance within a period of six (6) months, before the validily period of "Crnificaie of P r ~ ~ t i c ' t " clr (if its renewal, expires.
9.2. All such applications for renewal shall be lilcd in thc i'urmat as given it1 Fur t~~ D annexed with these Rules and it shall be accompanied by such documcnts. ceriificales, drclaratiot~. fee etc. as are tnentioned in clai~ses (i), (ii) and ( IV) of Rulc 8.4 and the same IIUY be submiried u per Rule 8.5.
10. Delayed ilpplicetio~ with law fee: That all the applications for issuat~ce/renewal uf " C e r ~ ~ f i c a ~ e ml Practice" filed after the time fixed by rulc 8lrule 9.1 ot'thcsc Rules shall not be received by Ihr: OCficrJSrcrzfiry unless it is accompanied by late fee in lhc sum of' Rs.50 (rupccs fifty only) and such late applications would be entertained only for a period ol' S ~ X (6) munths.
11. Delayed application for rcnewill with penalty clause: That all applicalions I'or issuancelrencwal uf ccrtificatc of practice filed after the period fixed under rule 10 shall nut bc rcccivcd and processed by the OflicdSecretary unless it is accompanied by a penalty fee of Rs. 50 (rupccs fifty only) per rnonth reckoned from the last dale on which such an application ought to have been made under Rule 10 of thcsc Rulcs but such lntr ~pplication with penalty clause attached thereto would Ix entertained only fur u pcriod u t six (6) months.
12. Iiicurnplett. and faulty apylicatinns:
That in tax. t l~c applications so rec'tivecl, are found tn be incompletelf~ulty, the Office shall intimate tlic cnncer~~ed adbocale ot' such ~hurtc~nungddcfccts by issuing letter under registered Post and such applications ~Iiall br prt~ces.red Curther by lhc Officr: 011 r r t ~ ~ u v a l of such shortcomingsldefects.
l'llr tinw taken to rcmuvc s u c l ~ I; honc.ot~ur~gsldefects by the concerned applicant may be counied towards late frr payablr I7y [he cr~l~ccr t lc~l ild~ocatc. at the rate of Rs.1, 001- per month untess it is waived by the Chairmanl\:icc-Uliau man u f tllc State Bar Couricil in case sufficient cause is shown Tor such delay.
13. Ordrr on the applicatiu~l fur issuincdrrnewnl uf Certificate of Practice:
Thnl e\:ery ;lppliCnliun [or issuuncc/rcncwal of certificate of practice so received shall be scrutinized by the Office wit hi11 ;I prricd of one monlh from thc date of its receipt and if found in order, it shall be placed along with thr: perhoii.~l file uC Ihc applicant bcfcrre the Adt~inistrative Committee, for passing the requisite order nlluwing or d ismis~ing ihe appl~cotic,n.
Such apyl~cul~on is liable to be dismissed only in case it is found that the advocate has left law practice and that l~elshe 11ah no bona lidc intcnt and interest in continuing it in future nlsn and such an advmare shall be treated as a r~uri-pi-,~~:~icing odvucate undcr thcse Rules.
Nu u d ~ c r s c clrdcr can be passed under this rule 11nless a reasonable oppoflunity of be~ng hcard is afforded to thc applicanl.
14. Clhicction Petition:
14 1 An advocak or any pcrson may file an objection petition before the State Bar Council seeking to add tllc namdnamcs of an advocate/advocates it1 the List of Non-Practicing Advocates on the ground that huch an advocate h i i ~ lelt law pruclicc and that hdshe has no buna fide intent and interest in continuing it in future ~ I Y J
14.7, Rule A. I (I 1 and rule A. 1 (2) uf Chapter I of Part VII of thc Bar Council of India Rules relating to complainra under aection 35 of thc Advocatcs Act shall, mutatis mutandis, apply to these objection pciit~or~s except that such objzc.rion pt~ttion shall be accompanied by n security amount of Rs.1,000 and nut such ice as is. prescribed it1 tlte aforesaid Rules relating to complaints under section 35 of the AClvt>ciltc .4ct.
14.3 Tli;tt 1t1 cnje the State B,u Coi~rlcil finds that there is a prima facie case in favor of the applicant; it shall refer i t t'or drc~sioo it) its Adn~inistrative Committee.
14.4 Ttur the hcirnin~slr~~tivc Comniitiee of 1he Swte Bar Council shrill decide and dispose of such w abjr'tlat~ perition a l ~ ~ r ~ g ~ t t h applicalion Tor issuwce/renewal of Cerlificate o r Praciice of the c.ar~certizil ndvocnre. it ' nrly But if no such proceedings are pending, such objection petition shall be LIc'c'IC~CCI indepei~dznil 1 .
Such procedure ah is applicable to complaints undcr Scction 35 of the Advocatcs Act shall apply, mutaris mutalldih, to proccc~iit~gs undcr this rule.
14.5 T h a ~ In casc thc col l~pla~t~t is found to be vexatious, frivolous and mala fide, the security amount dcpu~ilcd with thc ubjection pctition shall be forfeited to the State Bar Council.
CHAYTEK V FOLLOW UP ACTION
15. Follow I I ~ ;~ctiun nfordcr passcd uttdcr rule 13:
15.1 That ~mmcdiatcly after t11c application for issuancelrenewal of Certificate of Practice is allowed under Rulc I 3 ot' thcsc Rules: the Office of the State Bar Council shall prepare the Certificate of Practicdkenewal C'e~-tiJ:~ilte in duplicate duly signed by the Chairman of the State Bar Council and in his abscncc by thc Vice ct~airman of the State Bar Council or by such other member of the State Bar Council who i s specifically autt~urized for the said purpose.
15.2 That one copy of such Certificak of Practice/Renewil Cerlificaie shall be dispatched to the advocate concerned under registered Post AD without any delay and the other copy shall be kept in the personal file of h e advocale.
15.3 That thc Statc Bar Council shall mainlain a separate Dispatch Register containing all the details as to Llie particu~lars of i~~uance/rcnewal of thc ccrtiticatc of practice, original certificate of enrolment and full particulars of (he advocate as to ugc. dale uf birth and addrcss.
This Register shall be maintained year wise i n such manner as may be prescribed by the State Council.
15.4 Every State Bar Council shall send to the Bar Council of India an authenticated soft copy of the record maintained by it urtder Rule 15.3 every year.
CHAPTER VI
COSSEQUENCES OF ORDER U/R 13 AND OF FAILURE TO MAKE APPLlCATlONS
16. Conseuuence of dismissal uf anulication under Rule 13:
11) the even1 ol' dismissal uf application under Rule 13, such consequences as are laid down by Rule 20.4 wuuld ~(IIIuw.
17. Consequences of failure to make application as stipulatrd by Rule 7 lo 11:
Thul in casc an advocate fails tu ~llake an applicnl~on for issunncelrenewal of Certificate of Practice w~thin ri~clt periodlextended periods as provided for under Rules 8 to 11 and in c u e he fails to remove the shortcumings/dcfccts in his application despite intimalicln under Rule 17 for a period nf 6 months. i t sltall. prir~ta hicic, bc presumed that the such an advocate has left law p ~ 3 ~ l i ~ t : mil Ihal helsht. has no bona fide intent and intcrest in continuing it in future also.
18. Fnlln\v up action arainst advocates who fail to rrspund u i ~ d j'all within the ambit ul Rule 17 nttd publicalion or "list of defaulting advucatrs"):
18.1 That the Oflice or the Stale Bar Couilcil shall p~ cpal c a l i s ~ of such dcfauliing advoca~eladvocatcs who hadhave failed to apply for issu;~ncdrznzwal ol' Crrtihcate of Prac~ice within such periojle~tendeci
18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I I-S EC. 41
p c ~ I I ~ I I as pruvidcd for by these Rules or have failed to remove shortctrmingsldefecrs in their ~pp l~ca t ions despite intimation within the stipulated period of h m o n l h ~ .
This list rriay be titled as Lhe "List of the Debulting Advucates".
18.2 All silch advocates whose namdnames have been includcd in thc list of "defaulting advocates" shall be given due notice of the fdct Lhat hei r namelnames stood includcd in the nbovc list and further notice of this list shall also be given in the following manner:
i. One copy of such Lisl shall be displayed outside the Officc of thc Bar Council: ii. Copics of such list shall also be setit to such Disuict Bar Assuciatiunls lo which such
advucatc/advocatcs belong as per the address last disclosed by himher and also lo the cuncert~ed High Coi~rl/Supreme Cuurt Bar Assuciation;
iii. A letter of intimation that hislher name stands included in such list shall also be sen1 to the defaulting advocate at the address last disclosed by himiher under regi~tr red Posl.
iv. This List shall also hc published by the State Bar Council as per law.
19. Latt t\p~licatiol~s after ~ublicatiun under Rule 18:
It' all .~pplicatiut~ for issuance/renewal or Certificate of Practice is rcccivcd by the State Bar Council within a pc-~,intl of b months of the publication of the aforesaid l i s ~ of deKauliing advocales under Clause (iv) of Rulc 18, it rh.111 be .~czon~patiied by silch late fee and penalties as are specified by rules 10 to 12 of these Rules.
All ~ ~ 1 1 app! i c i l t i~~ i~ !,hall be processed by the Office as per the procedure laid down by rule 10 to 12 and tlltrtafler arcler on such applicalions shall be obtained undcr rulc 13 and such order shall be given effect to as per thew rulch.
20. Unnsesuences of hilure to respond and publicatiun of "list of nrrn-practicing advocates:
20.1 '1'17~1 iT no applizuiion for i~su;u~cclrenewal of Cert~ficate of Practice is rnade under these rules or if an applicatirln is lilrll but defects arc not removed as per Rule 17, it s11.1Il bz presumed for the purposes of tliese rules that sllch an advocule h i ~ 5 1cft law priicticc a r~d that hdshz has no bona fide intent and iriterest in continilin:: il in fiilure alsu.
20.2 'I'hal o n (he expiry of ;I pel-iod of 6 nlonths of the publtcatiori ot' such "List of Defaulting Advocates", the State Bar Council hhalI pahs an wder directing that thc t13n1cIna11cs of such advocate/advocates appenritig "List of the Defal~lting Advut;lIes" be put in the list of "Non-Practicing Advocates".
20.3 That due notice oT Lhe lisl of "Nun-Practicing Advuca~cs" sllall be given to the followings:-
i. One copy uf such L i s ~ hhall be sent lo the Bar Coutlc'il of [ndia attd to all other State Bar Councils.
ii. One copy of this list shill1 bc sci~l to 311 the Courts situared within rtiz territorial limits of the State Bar CounciI attd also In the concerned High Court.
iii. Copies of such list shill1 ;~lt;u bc hcnt to such District Bar Associatiotds to which such advucslteladvucatcs hclong as per ihe addrers lat disclosed by hlmther and also to the concerned lligh CourtlSuprcme Court Bar Assotiat ion;
20.4 The List of Notl-Praclicing advocak'i and namelnames of advocates whose applicnlion tor issua~~cc/renewal of certificate of practice stands dismissed under Rule 13 shrill also be published by lie Statc Bar Cuuilcil as prr law after such lisdt~amelnames idare approved by the Bar Council of India.
21. Nun-prdcticin~ advucutes as includcd in the list of "nnn-practicinc advocates" not entitled to practice law and to ntbcr ~r iv i lepes and riehts:
21.1 From the date of p~lblication of the doresaid list of non-practicing advocates, all such advocatds whose nnnlelnarnes Ilndhave been included in the aforesaid list, shall not be entitled to appear in any Cuurt ot' Law. hrt'orr any Tribunal or person legally authorized Lo Lake evidence and before any other author~ty or P C ~ S O I I before whom such advocate is by or under any law for the time being in force el~tillcd to ptilctiic, tlotwithstanding the fact that namelnames of such advocates islare entered in the Slalc Rull atid t l u t Ilc is l~olding certificate of enrolment under section 22 of the Advocates Act.
Further. r ~ a r ~ ~ r l s of such advocsliels shall not be iucludcd in thc electoral roll for the purposes of clcctiot~s to the Stare BLu Cnuncils. Such an advocalds shall cease to be a member of any Bar Associatiati and f ~ l r ~ h t r helshe shall not be entitlcd tu cast vote/s in any clcctions of thc Bar Assacialians.
T ~ L - s ia~us ant1 rigllts of siich advocatels "as advocatels entitled to participate and receive benefits" unclrr Wrilare S~,henies c)C Bar Cuuncil of India created under Rules 40 to 44 B of Section IV-A of
Chapter I1 contained in Part VL of the Bar Council of India Rules and other schemes floated by the Statc Bar Council shall collie to an end w. e. f. the date of publication of the List/name/names of Non- Practicing Advocates undcr Rule 20.4 with the exception that such an advocate would be entitled to rcccivc such bcncfits under the relevant schernels, if any, which have already accrued in hislher favor.
CHAPTER VII
UPDATING OF THE RECORD OF PRACTICING AND NON-PRACTICING ADVOCATES
22. Hecord with resnect to nracticing and nun-prilcticing Advocates:
22.1 That un culmination of the inilia1 process of identification of Non-practicing Advocates in the aforesdid tnanner in the publication of the List of such advocates under Rule 20.4, the State Bar Council shall crcatc and maintain a separate record of such Advocates with all particulars as to name, address, date of birth, dale oT enrolment, enrolment number, puliculars uf application for issuance/renewal of Gel-tif'icalc: uf Practice, if any, and of its dismissal. This rccord shall be updated regularly.
72.2 Evcry Shtc Bar Cuuncil shall send to thc Bar Council of lndia an authenticated soft copy of the record as nraintaincd undcr Rule 22.1 every year.
23. Updati~it! of the electoral rolls of the State Bar Cuuncil fur the purposes of elections:
On (he publicalion c>C list of nun-practicing Advucatcs undcr rulc 20.4 and after sending copy of such record to the Bar Cn~lncil nT India under Rule 22.2, lhe SLale Bar Councils shail start the process of preparatiun of electoral roll fo r elections to the State Bar Councils as per Chapter I, Pat-I11 of the Bar Council of India Rules. No State Bar Council shall uttdertake to prepare electoral roll or to conduct elections to the State Bar Councils unless the process of identificatiu~l of non-practicing advocates is completed under these Rules by publication of (heir names ~ ~ n d e r Rulc 20.4.
Pmvidcd (hat thc clcctiuds uf thc Statc Bar Councills where a special cornrnittee/comrnittees under section 8A ol' (he Act islarc alrcady functioning on the date of co~~~mencenlent of these rules, shall continue under the existing r ~ ~ l e s as if lhese rules have not heen enl'orced. In such Slate Bar Councils, these Rules shall come into force urily af'ler the new Spate Bar Council is constituled OII the declw~tiodpubljcation of the results of [he eleclions.
CHAPTER VlII
APPEAL, REVISION ETC, 24. Appellate Tribunal:
24.1 There shall be at1 Appellate Tribunal fur disposal of appeals under these rules with respect to each State Bar Council and such Tribunal shall comprise of the following members:-
1. Two Members of the State Bar Council elected by the State Bar Cuuncil under Rule 44 A(2)(i) nf Bar Council of India Rules under Part VI, Chapter I1 , Section-(IV A).
11. One mcmber of the State Bar Council from amongst the members of the Executive Committee 10 he nurninated by the Chairman of the State Bar Council and another member nominated by the Member, Bar Council of India from the concerned State Bar Council.
... 111. Member of the Bar Coutlcil of India from the concerned State Bar Council and he shall be its
Chairman;
24.2 That the quorum of the Appellate Tribunal shall be ihree members bur no final order shall be passed ~lnlcss thc Chairmnn of thc Appellate Tribunal is party thereto.
25. Appeal against order passed under Rulc 13IRulc 20.2:
Tliat in case the applicatiiln of an Advocule for issuance/renewd of Certificate of Practice is dismissed under Rulc 13 of Iliese Ruledin case the name of an Advocate is ordered to be included in the list of "non-practicing Advocates" by the State Bar Council under Rule 20.2, the aggrieved p i t y may, within a period of 60 days of the date of passing of the order or publication of the list of non-pracricing advocates under Rule 20.4, prefer an appeal against such order to the Appellate Tribunal but delay in filing the appeal can be condoned, if sufficient callse is shown Cor xuch delay.
Every such appeal slinll be xcumpanied by an attcsted cupy of the impugned Order. The appeal shall not be rweived and enlerbained unless it i s accumpaiiied by a [ee of Rs.1,WO in the form of a Bank draft/Account Payee Bank Cheque favoring Secretary, State Bar Council of the concerned State Bar Cuuncil.
Oul ul' [his amount uf Rs. 1000, thc Secretary, State Bar Council shall sendl deposit remit a sum of Rs. 200 to the Accr~~lnl of (he Bar Cuuncil uf lndia and a suin of Rs. 160 shall be transferred to the fund known as " Fund I'OI- Prumutiun Bar Assuciations" undcr these rules.
Evcry such appeal shall be heard by the Appellate Tribunal, which may pass such order there on as it deems fit.
20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I I S E C . 41
26. Stay uf uperation of order pi~ssed under rule 13 and rule 19.2: Merc filing of an appeal against order passed under rules 13 and 20.2 shall not operate to stay the oprntion of order appealed against unless its operalion is stayed by the Appellate Tribunal on siich conditions as i l may deem fit.
27. Power nf Revision:
27.1 The Bar Council of India may, at any time, call for thc record of any proceeding under these Rules which has been disposed of by the State Bar Council or by the Appellate ~ribunal ; and from which nu appeal lies, for the purpose of satisfying itself as to the legality and propricty uf such order Or disposal and nlny pass such orders in relation thereto as it may deem fit. This rcvisinn shall bc undcr Part-[I, Chaptcr IX of BCI Rules viz. Section 48A uf !he Advrxilles Acl. 196 1.
27.2 No order which prejudicially affects any Advacare shall be pawed under lhis Rule unless m opportunity of being heard has been afforded to him.
CHAPTER M RESUMPTION OF PRACTICE
28. Kesurn~tion of Practice: 28.1 If an ;Idvacate whose name has been included in the "list of non-practicing advocates" publisl~ed uttdcr
Rulle 20.4, intends Lo resume law practice in the changed circumstances, he may apply ta the State Bar Council that hislher nanie may be taken out of such list.
28.7 Application Tor resumplion shall be made in Form E along with resumption fee ot' Rs.3, 0Oi)l- arld declaration in Fortti F.
Such an applicatiun shall be supported by a certificate in Form G issuleci by lhz PresidtridSeccetuy at' Lhe Bar Associalion, or which the applicant intends to become member h r doing practice in law.
28.3 Tlic State Bar Council shall rcfcr such an application for rcsumptioti to the Administrative Commitlee which may pass an upprupriatc order allowing or dismissing such application provided that such an applicnlion &hall be allowed only iC the Adminislrative Committee is satisfied that the intent of the .~pplic;lnt to rcsumc law pmcticc is hona iidc.
2F.J 111 case applicalicrrl fcrr resi~~nptiun IS nllowed. llie [lame of the applicant shall be taken out of the list of i h i *'l~ul~-praclicil~g ndvosntes" and such exclusion shall be duly notified and published as provided by r ~ ~ l r 211.3 ijua "I1s1 of nun-prdclicing ndv~)cates".
28.5 Th;~r Irom 111c iI;llc ol publ~cat~on under Rule 28.4, all disabiliiies suffered by the applicant under rule 7 I . \hall nor huri i i r bur 11rlshr shall not be enti tled for any benefitslprivileges that were denied to him undcr Rule 2 1 i 01 thc pcr~otl h ~ s h c r narnc rcrnaincd in the "list of non-practicing advocates".
CHArYTER X
PRACTICE FUND 29. Tllc Practicc Fund:
29.1 80% of all he amounts received by way of fee, renewal fce, late fee, penalty fce etc under these Rules qua which bank drafts are tiled in the name of the Secretary State Bar Council shall lx called the "State Bar Council Practicc Fund Accuulit "and the remaining 20% of the amounts so received in respect of w l i ~ ~ h h311h dr~lf t~lchcquc~ ilrc tiled in the name of the Secretary Bar Council of India shall be called the "BCL Prwticc Futtd Account" and jo~ntly thcsc funds shall be called the "Practice Fund".
29 2 That the "S tLlte Bar Coiincil Practice Fund Account" shall be operated jointly by the Chairman and Secretary of the St3te Bar Council. Similarly "BCI Practice Fund Account" shall be operated jointly by ttte Ctt,iir~nnrt artd Secretary BCI.
2 . . T l ~ u 20'11 al' th t "Srarc Bar Council Practice Fund Account" which comes to 16% of the "Practice ~ L I I I J I ' s h ~ l l be srraigtltaitaq put urlcler a separate fund to be known as "Fund for pronlotiun of Bar A.;wc.iatiotis" arid [tie S t ~ t t Bar Council shall frame appropriate Rules for the managcinent and cli.;hut-wrlleut of this fulncl I O favor ot' different Bar Associations falling within its jurisdiction in coi~sult~tion wi th [he rtp~2<2fltdti~??i of 4ucI1 Bar Asscciations and the amount lying under this Head shall nut bc uscd in any milnner till sucl~ rules come into force.
29.4 Tttat this Practice Fund shall be separately audited by such Chartered Accountant as may be appointed by die State Bar Council and by BCI qua their respective accounts.
29.5 That all the pay~llents towards application fec, renewal lee, late Fee and penalties payable under these rilles shall bc paid by way oC bank drarts/account payee bank cheques only in the ratio of 80:20 in the narnes of Secretary State Bar Council and Sccretsuy Bar Council of India respectively.
29.6 That the all the arnount collected under these rules shall be utilized for the following purposes only:-
(c) To meet the adnlinistrativc and other cxpenscs arising in connection with these Rules;
(d) T o makc co~~tributions to diffcrcnt Bar Associations for the following purposes only:-
i. Establishing and improving Law libraries.
ii. Improvement uf infrastructure in the prenlises of the Bar Associations which is reserved for the common use of the advocates and to make such other contributions for promoting and strengthening the Bar Associations at thc Taluka, District, High Court and Supreme Court levels as it may deem fit.
iii. To promote welfare schemes for advocates. Such welfare schemes may i~lclude insurancc of all kinds with respect to the advocates and their dependcnt members of the family; pension schcnlcs, stipcnds for junior and disabled dvccates , cuntinued legal educationltraining of advocates.
CHAPTER X1
MISCELLENOUS
30. Hemoval of difliculties:
111 case of any doubt or dispute as lo the meaning, interpretation, execution of these RuIes arises, the Appellate 'l'ribi~nnl shall be the final authority to settle all such issues and its decision thereon shall be final.
31. Regulaturv Powers:
The Bar Uuuncil of India shall have the right o f issuing such regulalions to the State Bar Council from time to lime, as are necessary for (he proper implementation and execution of these Rules and such regulations shall be coniplied with by the State Bar Council in letter and spirit so that uniformity is maintained in the application of lhese Ruleh ~liroughout tile Counlry.
32. Pnwer nf Bar Council nf India to form Ad-hnc Comrnitte~:
In case the tern1 of elected members of any State Bar Council is likely to expirelexpires due to delay in thc process of identification of non-practicing advocates under these rules or in case of delay in thc reparation of the electoral roll for the elections to the State Bar Councils, the Bar Council of India shall constitute an ad-hoc C:ommit~ee consisling of elecled members of the Stale Bar Council for smooth running nf the State Bar Council and Ibr expeditiilus execution of the aforesaid process. This ad-hoc Committee of State Bar council shall fut~ction under the Special Committee constituted under Section XA of the Act till the process of preparation of clcctoral roll as per Chapter I, Part-111 of the Bar Council of India Rulcs for thc purposc of elections to the State Bar Couricil is completed.
33. Savinr clause
Ariy certificate of the nature of Certificate of Practice as defined in these Rules and renewal thereof (by whntcvcr namclmanncr or form thcy may havc bccn issuedlgranted by the State Bar Councils) granled by any Stiitc Bar Council and any othcr actionlordcr passcd by thc State Bar Council in conneclion therewith, before the cnfol-ccmcnt of thcsc Rulcs shall continue to be valid for a priod of five years from the date of its issuancdrenewd, h u ~ on h e expiry or this period, s ~ ~ c h certificatellicense issued by the State Bar Council is r q i ~ i i - d to he renewed 11nder these Rules.
34. Rcpcal of all Rcsnlutions/Rulcs passedlframed either by any State Bar Council or by Bar Council of Intlie.
Any ResoIutionslRules passedlframed by any State Bar Council or by Bar Council of India, which are inconsistent with these Rules, shall stand repealed from the date on which these Rules comc into force.
J . R. SHARMA, Secy.
[ADVT. IIU4Exty. /96/2014]
Printed by the Mani~ger, Covernnlellt of Indiu P~xss, Ring Road, Mayapuri. New Delhi-l 10064 and Published by the Controller uf Publicirtions, Delhi-110054.
-e
Bar Council of India C?rhFute oJPractriw and R e t m l Rules, 2014 L25 -.- r
FORM A
APPLICATION FOR ISSUANCE OF CERTIFICATE OF PRACIlCE (See Rule 8.3 oJ the Bar Council ojlndia Grtijicnte of Practia Rules 22014)
To.
The Secretary, ........................................ Bar Council of
............... ........... Sub. : Application for issuancc of Certificate of Pmclirr ( / /.... 1
Sir,
I hereby apply to the ........................................... name of the State Bar Cowi f ) for issuance of cerdicate of practice.
My full particulars are as foIhs:-
.............................................................................. 1. Enrotment number on the Roll :
................................................................... .......................... 2. Date of Enrolment: .. 3. Name of the Advocate : .............................................. ................................u...........
Mobile No. / EmaiI / Website ...........,.................,.................,.................. .......... ............. .......................................................................... 7. Place of Practice : .....
( A s given in the Applicutirm Form for eniolrneiit):
......................................................................................... 8. Present PIace of Practice:
............................................... ..... .................................................. 9. Date of Birth : .,
10. Whether the applicant after enrolment has joined any Government/ Semi-Govt. or Pvt. Service or any other kind of smite, If so full particuhrs be furnished with daie of joining of such servicer: ......................................................................
f . .
29 ( Bar Council of India Certijicate of Practice and Renewal Rules, 2014
11. Whether the appIicsnt after enrolment, has joined any business, as a full parher 1 sleeping Parker, if so, fuH particulars be supplied, with an attested copy of business instrument like Partnership deed, MOU, Agreemenis ek.
12. Whether the applicant is a managing / active / sleeping / dfrector of any company, corporation etc if so particulars thereof: ....................................................
13. Whether the applicant after enrolment has incurred any disqualification as mentioned in Sectlon 24-A of the Act, if so, certified copy of judgment / order be attached:
14. Whether appIicant, at present, is facing any discipIinaly proceedings/ convicted in any Criminal proceedings or not. if so, partidam k given: ...............................
15. Delay, if any, in submitting the application form, reasons ta k given: .................................................................................................................................... .............................................................................................................. " ..................... .....................................................................................................................................
16. Practice fee/ 'Late fee/ PenaIty
................................ ........................................ Rs. by way of Demand Draft No ......................................... ................................. Date / Account Payee Cheque No
dated ........................................... 17. Any other information, applicant wank to submit about his distinctions:
I verify that the information/ particulars furnished by me are true and correct to the best of my knowledge and nothing has been kept conceaIed therein.
Date : Signature of the Advocate
Z Bar Council of India Certificate of Pracfice and Renewal Rules, 201 4 1 27
FORM B
To be submitted on Nan-JudiciaI paper worth Rs. 1q- 1 Scr Rule 11.4 (ii)] of the Bnr Council of lndia OrtificaQ ofPracfice Rules 2014)
I ......................................................................... aged ..................................................... son of ................................. ., ...................................... resident of ............................. .................................................................................. enrolled as an advocate on the roll of ..................................................................................... (name of the Slate Bar Council) vide certificate of enrolment dated and No. ....................................... ...-...... do hereby solemnly affirm and declare as follows:
1. That after having obtained Certificate of enrolment from the ...................... a. ............................................................. . . ( a m e of the Bar Council) under Saction 22 of the Advocate Act, I have not left practice in law.
2 That since my enrolment as an advocate, 1 have not switched over to any &r profession/ services / business snd that there&, 1 am doing practice in law.
Date&. Signature of the declaranl
/I&'( Bm Council of India Certificate of Pracfib and R e d Rules, 2014 -
FORM -C
See Rule 8.4 (iv) ofthe Bar Council of lndia CertiJwk of Practim RutLc 2014)
This is to certificate that Shri/Mr/M~s/Ms ....................................................... ........................................................................................................................... Advocate S/o, W/o, D/o ................................................................................................... is a
...................................................................... bonefide member of the Ber Association (name of the Bar Association) and he/she has been practicing law since joining this Bar on .......................... .. ............................................ and has not left such practice and J further certify that the particulars disclosed by him/ her in the accompnying application are correct to m y knowledge and belief.
Dated : Secretary Presidenflecret ary Bar Association
Bar Cmncil oJfndia C e r t i j b t e of Practice and alRauwal RuLs, 2014 ] e '
FORM- D
APPLICATION FOR RENEWAL OF CERTIFICATE OF PRACTICE (See Rule 9,2 of &he Bar Council ojlndia Certificate of Practice Rules -2014k . .
The Secretary, Bar CounciI of .....................................
Subject : Application for renewel of Certificate of Practice ( / .............- / ............... 1
Sir,
I hereby apply to the ................................................ [name of thestate Bar Council) for renewal of certificate of practice.
My fun particuIars are as follows:-
............................................. ......................... 1. Enrolment numhr on h e Roll : ...
................................................................................................ 2. Date of Enrolment
....................................... 3. Name of the Advocate : .................................................
7. Place of Practice : ................................................................................................... (As given in the Application Form for enrolment):
r - I-
30,: Bar Cmnn'I of India Certj(icate DJPmctice and Renewal Rules, 2014
8 Present Place of Prnctice: ......................... ..., ,....... - ................................................ 9. Date of Birth : .................................................. ........ ................................w..............
10. Particulars of the Certificate of Rac lice issued to the applicant :
a) Whether issued under AXBE Rules, if so, its number and date: ......................... ...................................................................................................................................
b) Whether issued by the State Bar Council under these rules, if so, its number and date (sell attested photo copies of the certificate of practice to be m e x e d
............................................................................................ with this appIication):
21, Whether the applicant after enrolment has joined any Government/ Semi- G~vt . or Pvt. Service or any other kind of service, if so f d 1 particulars be furnished
............................................................. with date of joining of such sew& ................................................................................ .. .................................................. ................*......-..... l..... ............................................................................................
12. Whether the applicant af ter enroIment has joined any business, as a full pa- / sleeping Partnet, if so, rulI particulan h supplied, with an attesbd copy of Business Instrument Iike Partnership deed, MOU, Agreement etc: .........................
13. Whether the applicant: is a managing / active / sleeping / director of any company, corporation etc if so particulars thereol: ...................................................
14. Whether applicant, at present, is facing my dkiplinary proceedings/ convicted in any Criminal proceedings or not, if so, particulars be given: ...................... ,.. ....................................... ..a. ........... i..." ....... '.'.... ...................................................... ........................................ ...I .............. .. ...................................................... -* ...........*..
15. Delay, if any, in submitting the application form, reasons to be given: .................................................................................................................................... .....................................................................................................................................
16. RenewaI fee/ Late fee/ Penalty
Rs. ........................................ by way of Demand Draft N o .................. ... ........ ...................................... Date ................................. / Account Payee Cheque No
dated ........................................... 17. Any other information, applicant wants to submit about his distinctions:
I ~.el+ify t I l i l c drc informstinn/ particrilars turnisl~c(l hy 11)r. arb- hue and carrt3c.i to
t l ~ v hcqt nf my knarvlrrll;tl and not l l in~ has h c n kcyl roi~rlcaled t hcr~ in .
Dntc : Siguat~rrc of the Advoca~c
32-j Bm Council oflndia CPrtificafe oJPracficc and R e d Rules, 2014 -.
FORM - E
APPLICATION FOR RESUMPmON OF CERTIFICATE OF PRAmm (See Rute 18.2 of the Bar CPuncil of India (3rrtijcate of Practice Rules -2014). .
To,
The Secretary,
........................................ Bar Council of .................................................. ...... ......... ..................................................................
Subject : AppIication for resumption of CerHicate of Practice (/ ...........................
................................................ I hereby apply to the (name of the State Bar Council) for resumption of certificate of practice.
My full particulars are as fo1lows:-
.............................................................................. 1. EruoIrnertt nlrrnkr on the Roll :
............. ................................. 2. Date of Enrolment: ... ...................................... ........................................................................................... 3. Name of the Advocate :
......................................................................... ........................... 7. Place of Practice : ,,
(As given in the Application Form for enrolment):
......................................................................................... 8. Present Place of Practice:
......................................................................................................... 9. Date of Birth :
Bar Council cfIndia Certificate of Practice and Renaual Rules, 2014 1 &
10. 1, That in the changed circumslances, I intend to resume law practice:
2. That after enrolment I have not suffered and incurred any disqualification as mentioned in Section 24-A of the Advocat~ Ack
11. ParticuIars of the Certificate of Practice issued to the appIicant if any : +........ . a) Whether issued under AIBB Rules, if so, its number and d a k ....,.......,..
................................................................................................................................... b) Whether issued by the State Bar Council under these rules, if so, ib number
and date (self attested photo copies of the certificate of p m c h to be annexed with this application): ............................................................................................... .....................................................................................................................................
c). Particulars of the notifica~on, whereby the appIicant was put in the list of .................................................................................... " Non-Practicing Advocate":
12. Whether the applicant after enrolment has joined any Government/ Semi- Govt or Pvt. Service or any other K i d of service, if so Ml particulars be furnished with date of joining of such services: ...................................-.......................... .............................................................. *..*... ............................................................... ....................................................................................................................................
23. Whether h e applicant after enrolment, has joined any business, as a fuII partner / sleeping Parher, if so, fulI particulm be supplied, with an attested copy of Businesa Znshment Iike Parhlership deed, MOU, Agreement etc: ................... : .....
14. Whether the applicant is a managing / active / sleeping / director of any .... company, corporadon etc if so particulars themk : ................,.,,,,,,.,,,,,,.,,,~,.,,,,,..,.
............................ ..............................................-.*................*..*.*......*.................,......... 15. Whether the applicant, after enrolment has incurred any disqualification as
mentioned in Section 24-A of the Act, if so, ceriified copy of judgment / order be attached: ..............................................................................................................
16. Whether applicant, at present, is facing any diiplinary prweedings/ convicted in any CriminaI proceedings or not, if so, particulars be given: .........................
17. Delay, if any, in submitting the application form, reasons to be given: ........................................................................ .........*................................................ .f
Bar Corrncil of lndiu Certi5cate of Practice and Renewul Rubs, 201 4 1 @
FORM - F r'' (To be submitted on Non- Judicial Paper of worth Rs. 1q-1
[See Rule 28.2f ill of the Bar Council ofhdiu Cert$cate of Practice Rules 2024)
I .............................................................................................................................. aged about .......................................... years sonof ................................................... ................. ...................................................... resident of .......................................................
enrolled as an ............................................................................................................. advocate on the roll of ............................................................................... (name of the State Bar Council) vide certificate of enrolmentdated and No. ............................. ............................................ do hereby solemnly affirm and declare as follows:
1. That I have not incurred any dfsquaIificafion has mentioned in Section 24-A af the Act.
2. That I bonefide intend to resume hw pracljce.
Dated: Signature of the Declatant
36 , Bar Council of India Certj%dte of Practice and R e n d Rules, 2014
FORM - G - See Rule 28.2 of the Bar ColtnciI of India Gttificale oJPmcti~ Ruks 2M4)
Certificate
....................................................... This is to certificate that Shri/Mr/Mrs/Ms ..................................................................................................................... Advocate S/o, W/o, D/o ................................................................................................ intends to join this Bar Association ....................... .. .................................................. and I further certify that particulars disclosed by himiher in the accompanybg application for resumption of practice are correct and true to the beat of my knowledge and belief.
Dated : Secretary Presidenflecretary Bar Asociation
