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Important Notice Dated 29.02.160

Posted on February 29th, 2016 in Circulars & Notices, News & Events

Important Notice Dated 29.02.16

29.02.2016

N O T I C E

1. The learned Advocates enrolled with Bar Council of Delhi are informed that as per Rule 5 of the Certificate and Place of Practice (Verification) Rules, 2015, an Advocate shall not be entitled to practice law unless he holds a valid and verified Certificate of Practice issued either under All India Bar Examination Rules or under the said Rules of 2015.

2. The learned Advocates who have graduated in law in academic year 2009-2010 (1st July 2009 to 30th June, 2010) and thereafter, enrolled on the “Roll of Advocates” on or after June 12, 2010, are required to apply for issuance of “Certificate of Practice” under All India Bar Examination Rules, 2010 and for verification of such “Certificate of Practice” from the State Bar Council in which he/she is enrolled as an advocate under Rule 9 of Rules of 2015, if they have completed five years from the date of issuance of Certificate of Practice by the Bar Council of India. It is stated that Advocates-on-Record of the Hon’ble Supreme Court and also designated Senior Advocates are exempted under Rule 5(a) of the Notification dated 12.1.2015. They would be required to fill a separate form, i.e. – “Form-E” for issuance of identity cards.

3. The learned Advocates enrolled with Bar Council of Delhi and who have obtained graduate degree in law before the academic year 2010 and who have completed five years, are required to apply for Verification of Certificate and Place of Practice of Advocates for the Bar Council of Delhi under the Rules of 2015.

4. For the present verification exercise, it is clarified that the Learned Advocates who have enrolled themselves upto the date of 31.12.2011 are obliged to apply under the rules of 2015. This will also include the Ld. Advocates who have completed five years from the date of issuance of Certificate of Practice by Bar Council of India. Rules 2015 of the Bar Council of India can also be accessed from the website of the BCI – www.barcouncilofindia.org. For the convenience of the learned Advocates, certain salient features for submitting their applications for verification are highlighted hereinbelow. However, applicants are requested to kindly read the applicable rules of 2015 carefully before submitting their applications.

5. The following procedure has been laid down under Rule 8 of Certificate and Place of Practice (Verification) Rules, 2015 for the aforesaid purpose:

8.3 Every application for issuance of verified Certificate of Practice shall be submitted in the prescribed format as given in Form A Column I and Column II annexed with these Rules disclosing all the necessary information as required thereunder to the State Bar Council, with which he/she is enrolled.

8.4 Every such application shall be accompanied by the following documents, certificates, declaration, fee etc.
(a) Verification fee/process fee in the sum of Rs. 100/- (Rupees one hundred only) by way of Bank Drafts/Account Payee Bank Cheque or Cash in the name of – Secretary, Bar Council of Delhi.
[The above mentioned fee of Rs.100/- has been prescribed by the BCI]
(b) A declaration in the prescribed format as given in Column II of Form A annexed with the 2015 Rules [ Rule 8.4 (ii) ];
(c) Two passport size photographs duly attested by the President/Secretary of the Bar Association or by any other office bearer of the Association, who is duly authorized for this purpose by the Bar Association, of which the application is a member, or by a member of the State Bar Council duly authorized by the State Bar Council or Bar Council of India [Rule 8.4 (iii) ] ;
(d) Certificate in Form A Column III issued by the President/Secretary or by any other office bearer of the Association, who is duly authorized for this purpose by the Bar Association to the effect that the applicant advocate is a bonafide member of the concerned Bar Association and that he has not left law practice OR by any member of State Bar Council duly authorized by State Bar Council or by the Bar Council of India [ Rule 8.4 (iv) ] ;
(e) In case, the applicant has been a member of different Bar Associations at different times since the issuance of certificate of enrolment under section 22 of the Advocates Act, 1961, such certificates may be obtained from the Presidents/Secretaries of the different Bar Associations, of which the applicant remained a member, at different times.
(f) That the aforesaid application may be filed by the applicant along with all the aforesaid documents either by hand in the office of the State Bar Council against proper receipt or send to the Secretary under registered post or through the Bar Association, of which he/she is a member [ Rule 8.5 ].

6. It is also pertinent to note that the Bar Council of India for the purposes of Certificate in Form A, column III has further clarified that:

“However, the Advocates doing chamber practices, or engaged with some law firms who are unable to file Vakalatnamas in any court or forum shall also be entitled to apply for verification of their certificates and place of practice. They shall be required to file an affidavit stating that they are doing legal practice and shall have to furnish at least proof to this effect. Those who are engaged in any registered law firm shall be required to obtain a certificate from the law firm and submit it alongwith their application form.”

7. The prescribed forms i.e. Form A (Column I, Column II and Column III) and Form D (For Identity Card), for the purpose of the verification under the present rules of 2015 by the Bar Council of India, shall be sent by post and the learned Advocates are to fill them correctly and properly and annex therewith requisite documents and submit the same to the office(s) of the BCD.

Harsh K. Sharma
Member, Special Committee
Bar Council of Delhi

K.K. Manan
Member, Special Committee
Bar Council of Delhi

Maninder Singh
Addl. Solicitor General of India
Chairman, Bar Council of Delhi

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