Advocate Registration Formnew1
Advocate Registration Formnew1
Advocate Registration Formnew1
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Photograph In
Enrollment No. ....................................
Coat Tie Duly
U.P. ....................................
Attested By
Date of Enrollment .................................... Member Bar
Council Of U.P or
Application No. Year Date
First Class
Magistrate
8. Permanent Address
Mobile PIN:
9. Local Address
Mobile PIN:
Teshil:
4
a. High School
b. Inter
B.A. B.Com.
c.
B.Sc.
d. LLB
e. Any other
N.B:- Ascertain LLB Degree obtained by affiliated college/university is recognized by Bar Council of
India.
1. Service
2. Business
3. Trade
Note: Enclose proof of discharge/closer/ending of above occupation/service by competent
authority
Signature of the Candidate
Date :
Place:
(Name in full)
----------------------------------------------------------------------------------------------------
FOR OFFICE USE ONLY
Checked by me and found correct/incorrect. Age of applicant is aboe 21 year as per High
School Certificate.
Checked By Signature
आवेदन पत्र मे ननम्न कममया है
5
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vf/koDrk gksus ds fy;s ckj dkSafly vkWQ mRrj izn's k ds le{k fu;fer iathdj.k gsrq vkosnd fu"BkiwoZd izfrKk
djrk@djrh gw¡ vkSj fuEufyf[kr ?kks"k.kk djrk@djrh gw¡ fd%&
1- eSa 21 o"kZ dh vk;q iwjh dj pqdk@pqdh gw¡A
2- viuk uke iathd`r gksus dh frfFk ls lk/kkj.k mRrj izn's k ckj dkSafly ds vf/kdkj ls eSa fu;fer :i ls fof/k
O;olk; d:¡xk@d:¡xhA
3- 'kklu vFkok fdlh vU; foHkkx esa eSa fu;qDr ugha gw¡A
4- eSa dksbZ vU; O;kikj vFkok dkjksckj ugha djrk@djrh gw¡A
5- fdlh jkT; dh ckj dkSafly vFkok Hkkjr ds fdlh vU; U;k;ky; vFkok mPpre~ U;k;ky; }kjk vf/koDrk
iathdj.k dk esjk vkosnu i= dHkh vLohdkj ugha fd;k x;k gSA
6- eSa Hkkjrh; ukxfjd gw¡A
7- eSa fyf[kr ?kks"k.kk dj jgk@jgh gw¡ fd eSa viuh ;ksX;rk vkSj vPNs ls vPNs vius Kku ls ,d ,MoksdsV ds
dk;Z ,oa O;ogkj dk oLrqr% bZekunkjh ls fuokZg d:¡xk@d:¡xh vkSj iathd`r vf/koDRkvksa dk O;ogkj
fofu;fer djus ds fy;s ckj dkSafly }kjk cuk;s x;s fu;eksa dk fu"BkiwoZd ikyu d:¡xk@d:¡xhA
8- eSa ?kks"k.kk djrk@djrh gw¡ fd Hkkjrh; lafo/kku ds izfr fu"Bk ,oa J)k j[kax w k@j[kwx a hA
9- eSa ?kksf"kr djrk@djrh gw¡ fdfdlh lsok esa ;qDr gksus] O;kikj dkjksckj vFkok fHkUu o`fRr djus ij viuk
vf/koDrk izek.k&i= ckj&dkSafly dks rqjUr lefiZr dj nw¡xk@nw¡xhA
10- eSa ?kksf"kr djrk@djrh gw¡ fd fof/k O;olk; ds vius lk/kkj.k LFkku vFkok mlds ifjorZu dh lwpuk ckj
dkSflay dks nwx a k@nwaxhA
11- eSa ?kksf"kr djrk@djrh gw¡ fd eSasu fof/k Lukrd mikf/k ckj dkmafly vkQ bf.M;k ls ekU;rk izkIr fof/k
laLFkku@egkfo|ky;@fo'ofo|ky; ls izkIr fd;k gSA
12- eSa ?kksf"kr djrk@djrh gw¡ fd eSa dHkh uSfrd] vijkf/kd ;k vLi`';rk ds nks"k esa nf.Mr ugha gqvk@gqbZ gw¡A esjs
fo:) Hkkjrh; n.M lafgrk vFkok vU; fdlh ,DV dk dksbZ eqdnek fdlh Hkh QkStnkjh U;k;ky; esa
fopkjk/khu ugah gS vkSj u gh fdlh vkijkf/kd dsl esa esjh fxj¶rkjh gqbZ] vkSj u gh esjs fo:) iqfyl }kjk
dksbZ foospuk py jgh gSA
13- eSa ?kksf"kr djrk@djrh gw¡ fd vf/koDrk ds :i esa ckj dkSafly }kjk vf/koDrk iathd`r fd;s tkus ds ckn esjs
fo:) Moral Turpitude ds vUnj vkus okyk dksbZ Hkh vkijkf/kd okn ;k ,Q0vkbZ0vkj0 dk;e gksrk gS
rks ifjokn dh izfrfyfi mRrj izn's k ckj dkSafly dks mDr rF; dh tkudkjh gksus dh frfFk ls rhu ekg ds
vUnj jftLVMZ Mkd ls izsf"kr dj nwaxk@nwx a h rFkk bl ckr dks Hkh lqfuf'pr d:¡xk@d:¡xh fd izfr
dk;kZy; dks fey xbZ gSA
¼v½ eSa ?kksf"kr djrk@djrh gw¡ fd mijksDr ifjokn ;k eqdnesa esa tks Hkh vfUre fu.kZ; gksxk bl fu.kZ; dh
lR;&izfrfyfi dks Hkh fu.kZ; dh frfFk ls rhu ekg ds vUnj ckj dkSafly vkQ mRrj izn's k dks lR;&izfrfyfi
ds lkFk jftLVMZ Mkd ls izsf"kr dj nwx a k rFkk bl ckr dks Hkh lqfuf'pr d:¡xk@d:¡xh fd izfr fey xbZ gSA
¼c½ eSa ?kksf"kr djrk@djrh gw¡ fd vf/koDrk ds :i esa iathd`r gksus ds i'pkr eSa vius thou ;kiu gsrq fdlh vU;
O;kikj ;k O;olk; ;k ukSdjh ;k vU; izksQs'ku dks thfodksiktZu ds lk/ku ds :i esa ugha
viukÅ¡xk@viukÅ¡xh A ;fn eSa ,slk djrk@djrh gw¡ rks ,slk djus ds ckn vf/koDrk ds :i esa ewy vf/koDrk
iathdj.k izek.k&i= ckj dkSafly mRrj izn's k dks lefiZr djuk fuf'pr d:axk@d:axhA ,slk u djus ij ;g
d`R; esjs }kjk ckj dkSafly mRrj izn's k ds izfr ÝkWM ekuk tk;sxk vkSj Hkkjrh; n.M fo/kku ds vuqlkj n.Muh;
vijk/k gksxkA
14- eSa fu"BkiwoZd ?kksf"kr djrk@djrh gw¡ fd [k.M 1 ls [k.M ¼13½ esa nh xbZ leLr lwpuk tks esjs iathdj.k ls
lEcfU/kr gS] esjs Kku ,oa fo'okl ls lR; gSA blesa u dqN fNik;k x;k gS vkSj u dksbZ Hkkx vlR; gSA
15- eSa ?kksf"kr djrk@djrh gw¡ fd eSaus ckj dkSafly vkQ bf.M;k }kjk fufeZr [k.M 6 esa of.kZr pSIVj 1 ls pSIVj 4
esa fn;s x;s ¼iathdj.k QkeZ ds lkFk layXu½ leLr fu;eksa dks HkyhHkkafr v/;;u dj fy;k gS ftudk ikyu
iathdj.k ds ckn iwjh fu"Bk ds lkFk fu;fer :i ls d:¡xk@d:¡xhA
16- eSa ?kksf’kr djrk@djrh gwa fd eSus “kSf{kd izek.k i=@lsokfuo`fRr izek.k i= dh Loizekf.kr izfrfyfi nkf[ky
dh gS] os iw.kZr;k lgh gSaA ;fn os xyr ik;s tkrs gSa rks ckj dkmfUly mRrj izn”s k dks ;g vf/kdkj gksxk fd
og iathdj.k fujLr dj nsa vkSj vU; dk;Zokgh djus ds fy;s ckj dkmfUly mRrj izn”s k LorU= gSA
lsok es]a
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1- eSa vkosnd Hkkjrh; ukxfjd gw¡ ,oa esjh vk;q 21 o"kZ ls vf/kd gSA eSa] vf/koDrk vf/kfu;e 1961 ds
vUrxZr vf/koDrk ds :i esa iathd`r gksus gsrq jkT; fof/kK ifj"kn mRrj izn's k ds le{k bl vkosnu
i= ds ek/;e ls izkFkhZ@izkfFkZuh gw¡A
ekuuh; mPpre U;k;ky; }kjk fjV fiVh”ku ¼lh½ ua0 352@2023 xkSjo dqekj cuke ;wfu;u vkWQ bf.M;k ,.M
vnlZ esa ikfjr vkns”k fnukad 30-07-2024 ds ifjisz{; esa o ekuuh; mPpre U;k;ky; }kjk fjV fiVh”ku ¼flfoy½ ua0
82@2023 vt; “kadj JhokLro cuke ckj dkmafly vkWQ bf.M;k ,.M ,unj esa ikfjr vkns”k fnukad 10-04-2023 o
ekuuh; mPp U;k;ky;] bykgkckn }kjk fjV lh ua0 42619@2023 iou dqekj nwcs cuke LVsV vkWQ ;w0ih0 ,.M 3 vnlZ
esa ikfjr vkns”k fnukafdr 21-12-2023 ds ifjizs{; esa fuEuor fu;e cuk;s tkrs gSa %&
1- iathdj.k QkeZ vH;FkhZ vkuykbu MkmuyksM dj ldrs gSa] ftldk dksbZ “kqYd ugha fy;k tk;sxkA
2- iathdj.k QkeZ ds lkFk lkekU; o fiNM+h tkfr ds vH;FkhZ dks :i;s 600@& dk cSad MªkQ~V Bar Council of
Uttar Pradesh, Allahabad ds uke ls rFkk :i;s 150@& dk cSad MªkQ~V Bar Council of India Collection
Fund Account, Allahabad ds uke ls rFkk vuqlwfpr tkfr@vuqlwfpr tutkfr ds vH;FkhZ dks :i;s 100@& dk
cSad MªkQ~V Bar Council of Uttar Pradesh, Allahabad ds uke ls rFkk :i;s 25@& dk cSad MªkQ~V Bar
Council of India Collection Fund Account, Allahabad ds uke ls ns; gksxkA
3- QkeZ tek gksus ds i'pkr~ ,d ekg ds Hkhrj lHkh 'kS{kf.kd izek.k&i=@vadi= lacaf/kr cksMZ o fo'ofo|ky; dks
lR;kiu gsrq izsf"kr dj fn;k tk,xkA lkFk gh iqfyl osfjfQds'ku ds fy, izR;sd ftys ds ofj’B iqfyl v/kh{kd@iqfyl
v/kh{kd dks ,d ekg ds vUnj iqfyl osfjfQds'ku gsrq Hkst fn;k tk,xkA
lkFk gh ofj’B iqfyl v/kh{kd@iqfyl v/kh{kd dks bl vk”k; ds lkFk i= Hkstk tk;sxk fd ;fn fdlh vH;FkhZ
ds fo:) dksbZ eqdnek yfEcr gS] rks 45 fnu ds vUnj vk[;k izsf’kr djsa rFkk ftu vH;fFkZ;ksa ds fo:) dksbZ ekeyk
yfEcr ugha gS] muds lEcU/k esa fdlh izdkj dh vk[;k nsus dh vko”;drk ugha gSA ;fn 45 fnu ds vUnj lEcfU/kr
vH;FkhZ ds fo:) dksbZ vk[;k izkIr ugha gksrh gS rks ;g eku fy;k tk;sxk fd mDr vH;FkhZ ds fo:) dksbZ eqdnek
iathd`r ugha gSA
4- iqfyl osfjfQds'ku o 'kS{kf.kd izek.k&i=ksa ds lR;kiu ds i'pkr~ lacaf/kr fyfid 15 fnol ds vUnj viuh
vk[;k ds lkFk lHkh i=kofy;ka lfpo] ckj dkmafly] m0iz0 ds lEeq[k dkm.Vj&lkbu gsrq izLrqr djsxAas
5- lfpo] ckj dkmafly] m0iz0 vxys 15 fnol ds Hkhrj dkm.Vj&lkbu ds i'pkr~ lacaf/kr i=koyh iathdj.k
foHkkx dks vxzlkfjr djsxa sA
6- iathdj.k foHkkx ds lacaf/kr deZpkjh i=koyh izkfIr dh fnukad ls 30 fnol ds Hkhrj iathdj.k lfefr ds le{k
mDr i=kofy;ka izLrqr djsxa Asa
7- lHkh iathdj.k lfefr;ksa ls visf{kr gS fd ,slh i=kofy;ka tks muds lEeq[k izLrqr gks]a mUgsa viuh lqfo/kkuqlkj
lEcfU/kr izkFkhZx.k dks O;fDrxr lk{kkRdkj ds fy, lfpo] ckj dkmafly vkWQ mRrj izn”s k dks lwfpr dj rhu lIrkg ds
vUnj frfFk fu'pr djds cqyk;sxa s] rnksijkUr 'kh?kz fu.kZ; ysxa sA ;fn vH;FkhZ lk{kkRdkj esa mRrh.kZ ugha gksrs gSa rks 03 ekg
ckn iqu% lk{kkRdkj fy;k tk;sxkA
8- bl leLr izfØ;k ds i'pkr~ vLFkk;h iathdj.k iznku fd;k tk;sxk tks nks o"kZ gsrq oS/k ,oa ekU; gksxkA
9- nks o"kZ esa izR;sd ,sls vH;FkhZ ftudk iathdj.k gks pqdk gS] izR;sd o"kZ ds ik¡p eqdnesa Lo;a nkf[ky fd;s gq;s ;k
cgl fd;s gq;s ;k lgk;d ds :i esa dk;Z fd;s gq;s] ftuesa mudk uke vk;k gks] dk fooj.k izLrqr djsxa s o blh chp
vkWy bf.M;k ckj ijh{kk ¼AIBE½ mRrh.kZ djsxa s rRi'pkr~ gh LFkk;h iathdj.k iznku fd;k tk;sxkA vU;Fkk dh fLFkfr esa
ns'k&izn's k ds U;k;ky;ksa dks lwpuk izsf"kr dh tk;sxh fd veqd vH;FkhZ dk vLFkk;h iathdj.k lekIr gks pqdk gS o LFkk;h
iathdj.k iznku ugha fd;k x;k gSA vr% vH;FkhZ vf/koDrk O;olk; djus ;ksX; ugha gSA
10- LFkk;h izek.k i= izkIr gksus ds ckn gh lh0vks0ih0 ds fy;s vkosnu ekU; gksxk vkSj ml le; okafNr “kqYd
fy;k tk;sxkA
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¼;fn vki vuqlwfpr tkfr ;k tutkfr ds gSa] rks mldk mYys[k ;gka vo'; djsa rFkk bl vk'k; dk ,d
izek.k&i= ftykf/kdkjh ls izkIr djds vo”; nkf[ky djsaA½ Photograph In Coat
Tie Duly Attested By
PIN:
PIN:
6. Place Of Practice/District.
Head Quarter :
Tehsil :
YY MM DD
9
uke -------------------------------------------------------------------------------------------------------------
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7. MOH/VILL...........................................................................................................
8. POST.....................................................................................................................
Signature Secretary
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ifjf”k’V
¼iqfyl osjhfQds”ku QkeZ] vUrZxr vkns”k ekuuh; mPp U;k;ky;] bykgkckn }kjk fjV lh ua0
42619@23 ds lEcU/k esa½
vkils vuqjks/k gS fd vH;FkhZ ds vkijkf/kd bfrgkl ds lEcU/k esa fjiksVZ ;Fkk”kh?kz ckj
dkmafly vkWQ mRrj izns”k] iz;kxjkt dks izsf’kr djus dk d’V djsAa
5- Fkkuk ---------------------------------------------------------------------------------------------------------------------------------------
6- ftyk --------------------------------------------------------------------------------------------------------------------------------------
iqfyl vk[;k
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ननदे श
Instructions
बार कौम ल
िं भवन
13
izk:i 'kiFk&i=
¼vkosnd }kjk “kiFk i= ds :i esa vkosnu i= ds lkFk layXu fd;k tk;s½
'kiFkdrkZ@”kiFkdrhZ
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lfpo
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15
4. An Advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from
doing anything in relation to the court, opposing counselor parties which the Advocate himself ought not to do. An advocate
shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a more mouth-piece
of the client and shall exercise his own judgment in the use of restrained language in correspond dence, avoiding scurrilous
attacks in pleadings. and using intemperate language during arguments in Court.
5. An Advocate shall appear in court at all times only in the prescribed dress, and his appearance shan always be presentable.·
6. An Advocate shall not enter appearance, act, plead or practise in any way before a Court, Tribunal or Authority mentioned in
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Section 30 of the Act, if the sole or any member thereof is related to the Advocate as father, grandfather, son, grand-son,
uncle, brother, nephew, first cousin, husband, wife, mother, daughter sister. aunt,
niece, father-in-law, mother-in-law, son-in-Iaw, brother-in-Iaw, daughter-in-law or sister-in-law.
7. For the purposes of this rule, Court shall mean a Court, Bench or tribunal in which above mentioned relation of the
advocate is a judge, Member or the Presiding Officer. .
9. An Advocate shall not wear bands or gown in public places other than in Courts except on' such ceremonial occasions and at
such places as the Bar Council of lndia or the Court may prescribe. An Advocate shall not appear in or before any Court or
Tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the
Executive Committee of such orqanistion or institution or society- or corporation. "Executive Committee", by whatever name it
may be called, shall include any Committee or body of persons which, for the time being, is vested with the general
management of the affairs of the organisation or institution, society or corporation. Provided that this rule shall not apply to
such a member appearing as "amicus curiae" or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar
Association.
10. An Advocate should not act or plead in any matter in which he is himself peculiarly interested.
Illustration:
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is Director. An Advocate shall not stand as a surety, or
certify the soundness of a surety for his client required for the purpose of any legal proceedings.
Section II Duty to the Client
11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any other authority in or before which he
proposes to practice fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify
hi? refusal to accept a particular brief.
12. An Advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable
and sufficient notice is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been
earned.
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if
being engaged in a case, it becomes apparent that he is awitness on a material question of fact, he should 'not continue to
appear as an Advocate if he can retire without jeopardising his client's interests. . An
14. Advocate shall, at the commencement of his engagement and during the continuance thereof, make all such full and frank
disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to
affect his client's judgement in either engaging him or continuing the engagement.
15. It shall be the duty of an Advocate fearlessly to uphold the interests of his client by all fair and honourable means without
regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his
personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should
be convicted without adequate evidence.
16. An Advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to
conviction of. The innocent. The suppression of material capable of establishing the innocence of the accused shall be
scrupulously avoided
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian
Evidence Act.
18. An Advocate Shall not, at any time, be a party to fomenting of litigation.
19. An Advocate Shall act on the instructions of any person other than his client or his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing
in this rule shall apply to stock, shares and debentures of government securities, or to any instruments which are, for the time
being by law or custom, negotiable or to any mercantile document of title to goods
22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own
benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other
proceeding in which he was in any way professionally engaged. This prohibition, however, .does not prevent an Advocate from
bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the
Advocate is expressly authorised in writing in this behalf.
23. An Advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does
not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.
25. An Advocate should keep accounts of the client's money entrusted to him, and the accounts should show the
amounts received from the client or on his behalf, the expenses incurred for him and debits made on account of fees with
respective dates and all other necessary particulars
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether
the amounts have been received for fees or expenses, and during the coursed the proceedings no Advocate shall, except with
the consent in writing of the client concerned. be at liberty to divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client; the fact of such receipt must be intimated to the client, as
early as possible.
28. After the termination of the proceeding, the Advocate shall be at liberty to appropriate towards the
settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that
has come into his hands in that proceeding
29. Where the fee has been left unsettled, the Advocate shall be, entitled to deduct, out Of any moneys of the client remaining in
his hands, at the termination of the proceeding for which he had been engaged the fee payable under the rules of the Court, in force for
the time being, or by then settled and the balance, if any, shall be refunded to the client .
30. A copy of the client's account shall be furnished to him on demand provided the necessary copying charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
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32. An Advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by
such client . .
Explanation. An Advocate shall not be held guilty for a breach of this rule, if in the course a pending suit or proceeding, without any
arrangement with the client in respect of the same, the Advocate feels compelled by reason of the rule of
Court to make a payment to the court on account of the client for the progress of the suitor proceeding
33. An Advocate who has, at any time advised in connection with the institution of a suit. appeal or other matter or has drawn
pleadings, or acted for a party, shall not act, appear or plead for the opposite party.
Section IV-A
40. Every Advocate borne on the rolis of the State Bar Council shall. pay to the State Bar council a sum of Rs. 90/- every third year
commencing from 1 stApril, .1993 along with a statement of particulars as given in the form set out
at the end of these Rules, the first payment to be made on or before 1 st April, 1993 or such extended time as notified by the
Bar Council of India or the concerned State Bar Council.
Provided further however that an advocate shall be at liberty to pay in lieu of the payment of Rs. 90/- every three years a
consolidated amount of Rs. 300/- .. This will be a life time payment to be kept in the fixed deposit by the concerned State
Bar Council and interest to be used or the purpose of the rule. However, payment made by the concerned Advocate before this
consolidated payment shall be exclusive of it and no credit shall be given for the payment, but those
advocates who have paid consolidated am out of Rs. 200/- only as a consolidated, Rs. 100/-will be required to pay.
Explanatlon 1 : Statement of particulars as required by rule 40 in the form set out shall require to be submitted only once in three years.
Explanation 2 : All Advocates who are in actual practice and not drawing salary or not in full time service and not drawing any from
their respective employers are only required to pay the amount referred to in this rule.
Explanation 3 : This rule will be effectives from 1.4.1994 and for period prior to this Advocates will continue to be covered by old Rule.
41. (1) All the sums so collected by the State Bar Council in accordance with Rule 40 shall be credited in a separate fund known as
"Bar Council of India Advocates Welfare Fund for the State" and shall be deposited in the bank as provided hereunder.
(2) The Bar Council of India Advocates Welfare Fund Committee for the State shall remit 20% of the total amount collected and
credited to its account, to ~he Bar Council of India by the end of every month which shall be credited by the
Bar Council of India and the Bar Council of India shall deposit the said amount in a separate fund to be known as "BAR COUNCIL
OF INDIA ADVOCATES WELFARE FUND". This fund shall be managed by the Welfare Committee of the
Bar Council of India in the maimer prescribed from time to time by the Bar Council of India for the Welfare of the Advocates.
(3) This rest 80% of the total sum so collected by the Bar Council of India Advocates Welfare Find Committee for the State under
Rule 41 (1) shall be utilised for the welfare of advocates in respect of Welfare Schemes sponsored by the respective State Bar Councils
and this fund.sha'! be administered by the Advocates Welfare Committee for the State Which shall submit its report annually to the Bar
Council of India.
42. If any advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the.
State Bar-Council shall issue to him a notice to show cause within a month why his right to practice be not suspended. In
case the advocate does not pay the amount or fails to show sufficient cause, a Committee of three members constituted
by the State Bar'Council in this behalf may pass an order suspending the right of the advocate to practise. Provided that the
order of suspension shall cease to be in force when the advocate concerned pays the amount along with a late. fee of Rs.
50/- and obtain a certificate in this behalf from the .State Bar Council.
43. An advocate who has been convicted of an offence mentioned under section 24A of the Advocates Act or has been declared
insolvent or has taken full time service or part time service or engages in business or any avocation
inconsistent with his practising as an Advocate or has incurred any disqualification mentioned in the Advocates Act or the
rules made thereunder, shall send a declaration to that effect to the respective State Bar Council in which the Advocate is to
show sufficient cause for not filling such declaration provided therefore the Committee constituted by the State Bar Council
under rule 42 may pass orders suspending the right of the advocate to practise.
Provided that it shall be open-to the Committee to condone the delay on an application being made in this behalf. Provided
further that an advocate who had after the date of his enrolment and before the coming into force of this
rule, become subject to any of the disqualifications mentioned in this rule, shall within a period of ninety days of the coming
into force of this rule send declaration referred to in this rule to the respective State Bar Council in
which the Advocate is enrolled and on failure to do so by such Advocate all the provisions of this rule would apply.
44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of thirty
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days from the date of the order passed under rules 42 and 43. .'
44A. (1) There shall be a Bar Council of India Advocates welfare Committee. consisting of five members elected from amongst
the members of the Council. .The term of the members of the committee shall be co-extensive with their time in the Bar council of India:.
(2) (i) Every State Council shall have an Advocate Welfare Committee known as Bar Council of India Advocates
Welfare Committee for the State.
(ii) The Committee shall consist of member Bar Council, of India from the State concerned. who shall be the
Ex-Officio Charmin of the Committee and two mem hers elected from amongst the members.
(iii) The Secretary of the State Bar Council concerned will act.as Ex-Officio Secretary of the Committee.
(iv) The term of the member, Bar Couricil of India in the Committee shall be co-extensive with his term in the
'Bar Council of India.
(v) The term of members elected from the State Bar Council shall be two years.
(vi) Two members of the Committee will form a quorum of any meeting of the Committee.
(3) Every State Bar Council shall open an account in the name of the Bar Council of India Welfare Committee for the
State, in any Nationalised Bank. "
(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the Chair man of the Welfare
Committee and its Secretary.
(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council of India through Advocates
Welfare Committee as constituted under sub-clause (2) (i). The State Bar Councils may suggest suitable
modifications in the Welfare Schemes or suggest more schemes, but such modifications or such suggested schemes
shall have effect only after approval by the Bar Council of India.
(6) The State Bar Council shall maintain separate account in respect of the Advocate Wel fare Fund which shall be
audited annually along with other accounts of the State Bar Council and send the same along with Auditors
Report to the Bar Council of India. _
44B The Bar Council of India shall utilise the funds received under Rule 41 (2) in accordance with the schemes which
may be framed from time to time.
CHAPTER-III
(Condition for right to practice)
(Rules under Section 49 (1) (ah) of the Act.
Even Advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose
jurisdiction he ordinary practices.
PROVIDED that if an advocate does not apply for transfer of his name to the roll of the State Bar Council within whose jurisdiction he is
ordinarily practising within six months of the start of such practice it shall be Deemed that he is guilty of professional misconduct within
the meaning of section 35 of the Advocates Act’’.
2. An Advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal
practitioner who is not an advocate.
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3. Every Advocate shall keep informed the bar council on the roll of which his name stands, of every change of his address.
4. The council or a state council can call upon an advocate to furnish the name of the state council on the roll of which his name is entered
and call for other particulars.
5. (1) An Advocate who voluntarily suspends his practice for any reason whatsoever, shall intimate by registered post to the state bar
council on the roll of which his name is entered, of such suspension together with his certificate of enrolment in original.
(2) whenever any such advocate who has suspended his practice desire to resume his practice, he shall apply to the secretary of the state
bar council for resumption of practice, along with an affidavit stating whether he has incurred any of the disqualifications under section
24A, chapter III of the Act during the period of suspension.
(3) The Enrolment committee of the state bar council may order the resumption of his practice and return the certificate to his with
necessary endorsement. If the Enrolment Committee is of the view that Advocates has incurred any of the disqualifications the
committee shall refer the matter under proviso to Section 26(1) of the Act.
(4) On suspension and resumption of practice the secretary shall act in terms of rule 24 of part IX.
6. (1) An Advocate whose name has been removed by order of the supreme Court or a High Court or the Bar Council as the case may be,
shall not be entitled to practice the profession of law either before the court and authorities mentioned under section 30 of the Act, or in
chambers, or otherwise
(2) An Advocate who is under suspension shall be under same disability during the period of such suspension as an Advocate whose
name has been removed from the roll.
7. An officer after his retirement or otherwise ceasing to be in service shall not practice for a period of two years in the area in which he
exercised jurisdiction to one in which he held office.
RESOLVED that nothing in these Rules shall prevent any such person from practicing in any Court or tribunal or authority of superior
jurisdiction to one in which he held office.
Explanation: ‘Officer’ shall include a judicial officer or authority as referred to in section 30 of Act.
‘Area’ shall mean area in which the person concerned exercising jurisdiction.
8. No Advocate shall be entitled to practice if in the opinion of the council he is suffering from such contagious disease as makes the
practice of law a hazard to the health of others. This disqualification shall last for such period as the Council directs from time to time.
CHAPTER-IV
Advocates appearing in the Supreme Court, High Court, Subordinate Courts, Tribunals or Authorities shall wear the following as part of
their dress which shall be sober and dignified:-
(a) a black buttoned up coat, chapkan, achkan black sherwani and white bands with Advocates’ Gowns, or
(b) a block open breast coat, white shirt, white collar, stiff or soft, and white bands with Advocate’s Gowns. In either
case long trousers (white, black striped of grey) or Dhoti.
I. LADY ADVOCATES
(a) Black and full or half sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates’ Gowns.
White blouse, with or without collar, with white bands and with a black open breast coat.
OR
(b) Sarees or long skirts (White or black or any mellow or subdued color without any print or design) or Flare (White,
black or black striped or grey) or Punjabi dress churidar-kurta or salwar-kurta with or without dupatta) white or
black.
Provided that the wearing of Advocates’ gown shall be optional except when appearing in
the supreme Court in High Court.[ Provided further that in courts other than the supreme
Court, High Court District Court, Sessions Court or city Civil Court a black tie may be worn
instead of bands.]