Advocates Act,1961

Act No : 25

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Section : Transfer of name from one State roll to another.

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 --------------------------------------------------------------------- 1. Subs. by Act 21 of 1964, s. 9, for "and such seniority shall be determined". 2. Cl. (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974). 3. Ins. by Act 47 of 1980, s. 2. 63 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: 1*[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.

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Comments

Devendra N.Tripathi, Advocate wrote on 07 July 2014

Though this section states there shall be charged no fee for transfer from one state bar to another- nonetheless the State Bar Councils still charge transfer fee, that too with retrospective effect. In Particular transfer from UP Bar Council to Maha & Goa Bar Council.. Questionable and an arguable point.. Bar Council Rules can't over rule Advocates Act under which these rules are made.. Major contraction in law...

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