S.Rule 3 Date of commencement.--

These rules, except Rule 7 of Chapter III, shall come into force at once from the date of publication of these Rules in the Gazette of India. Rule 7 of Chapter III shall come into force on such date as the Bar Council of India may, by notification in the Gazette of India, appoint in this behalf. Published in the Gazzette of India on 12th January 2015.

S.Rule 4 Definitions.--

(a) Act means the Advocates Act, 1961.

(b) Advocate means an advocate whose name is entered in the Roll of Advocates being maintained by the State Bar Councils under section 17 of the Advocates Act, 1961.

(c) Certificate of Enrolment means the certificate of enrollment held by an advocate issued under Section 22 of the Advocates Act, 1961.

(d) Certificate of Practice in relation to an advocate having obtained graduate degree in law before the academic year 2010 enrolled on the roll of Advocates shall mean Certificate of Practice issued under Rule 13 and in relation to an advocate graduating in law in academic year 2009-2010 (1st July, 2009 to 30th June, 2010) and thereafter, enrolled on or after 12th Day of June, 2010, Certificate of Practice means the "Certificate of Practice" issued under All India Bar Examination Rules or under Rule 13 of these Rules or the enrolment certificate issued by the State Bar Council.

(e) State Bar Council means the State Bar

S.Rule 5 Necessity of "Certificate of Practice".--

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 these Rules.

This disability to practice law would come into force only when the name/names of such advocate/s is/are published under Rule 20.4.

S.Rule 5(a) Exemption of certain categories of Advocates.--

However, it is made clear that the senior Advocates designated under Section 16 of the Act and the Advocates on Record of Supreme Court of India shall not be required to fill up the form for Verification. The senior Advocates and Advocates on Record of Supreme Court of India are simply required to send their two passport size photographs with their names and current Address to the concerned Bar Council through their respective Associations so that their names could be included in the voters list of State Bar Council. There is a separate form, "Form E" for that purpose.

S.Rule 6 Advocate to be a member of the Bar Association where he/she normally practices law.--

6.1 An advocate, after having obtained a Certificate or Enrollment under section 22 of the Advocates, Act, 1961, is required to get himself registered as a member of the Bar Association where he ordinarily practices law or intends to practice law. And if any Advocate does not intend to be a member of any Bar Association duly recognized by concerned State Bar Council, then he shall be required to intimate the same to the State Bar Council and he shall have to explain as to how shall he be getting the benefits of any welfare scheme floated by the State Bar Council or the Local Bar Association. The decision of State Bar Council shall be final in this regard.

6.2 In case an advocate leaves one Bar Association and joins another by reason of change of place of practice or by reason of change of field of law, he/she shall intimate such change with all the relevant particulars to the State Bar Council, of which he is a member.

Such fact of leaving as well as of joining shall b

S.Rule 7.1

If it comes to the notice of the Council through any source that any office-bearer of any Bar Association or any Advocate is involved in making unnecessary, baseless and deliberate Protests /objections in the process of identification of fake persons (involved in Legal profession) or in the identification of non-practicing Advocates (who are doing some other job, business etc.) and/or making any attempt to mislead the Advocates of his Association or State by making irresponsible statements with ill motive to create hurdle in implementation of these reformative Rules, a Tribunal constituted by the Bar Council of India and the State Bar Council may pass an order debarring such Advocate or office-bearer from contesting the elections of

Bar Association/State Bar Council for a period of three years from the date of passing of such order.

7.2 Any such order be passed only by a Tribunal consisting of one former Judge of any High Court (nominated by Bar Council of India) one s

S.Rule 8 Application for verification of "Certificate to practice and place of Practice" by advocates enrolled on or before June 12. 2010.--

8.1 An advocate graduating 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, is 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.

8.2 An advocate having obtained graduate degree in law before the academic year 2010 & enrolled on the "Roll of Advocates", is required to apply for verification of "Certificate of Practice and place of practice" from the State Bar Council in which he/she is enrolled as an advocate under this rule within a period of 6 months of the enforcement of these Rules/date of enrolment.

8.3 Every application for issuance of verified Certificate of Practice shall be submitted in the prescribed format as given in Column I and Column II annexed with

S.Rule 9 Application for Verification of Certificate of Practice issued by State Bar Council.--

9.1 The Certificate of Practice issued to an advocate under Rule 13 of these Rules or under All India Bar Examination Rules and Verification thereof, shall be valid for a period of five years (5) years only and is liable to be verified every five (5) years by filing an application for verification in advance within a period of six (6) months, before the validity period of "Certificate of Practice" or of its verification, expires.

9.2. All such applications for verification shall be filed in the format as given in Form A annexed with these Rules and it shall be accompanied by such documents, certificates, declaration, fee etc as are mentioned in clauses (i), (ii) and (iv) of Rule 8.4 and the same may be submitted as per Rule 8.5.

S.Rule 10 Delayed application with late fee.--

That all the applications for verification of "Certificate of Practice" filed after the time fixed by rule 8/ rule 9.1 of these Rules shall not be received by the Office/Secretary unless it is accompanied by late fee in the sum of Rs.100/- (one hundred only) and such late applications would be entertained only for a period of six (6) months.

S.Rule 11 Delayed application for verification with penalty clause.--

That all applications for verification of certificate of practice filed after the period fixed under rule 10 shall not be received and processed by the Office/Secretary unless it is accompanied by a penalty fee of Rs.50 (rupees fifty only) per month reckoned from the last date on which such an application ought to have been made under Rule 10 of these Rules but such late application with penalty clause attached thereto would be entertained only for a period of six (6) months.

S.Rule 12 Incomplete and faulty applications.--

That in case, the applications so received, are found to be incomplete/faulty, the Office of State Bar Council shall intimate the concerned advocate of such shortcomings/defects by issuing letter under registered Post and such applications shall be processed further by the office on removal of such shortcomings/defects. .

The time taken to remove such shortcomings/defects by the concerned applicant may be counted towards late fee payable by the concerned advocate at the rate of Rs.100/- per month unless it is waived by the Chairman/Vice-Chairman of the State Bar Council in case sufficient cause is shown for such delay.

S.Rule 13 Order on the application for verification of Certificate of Practice.--

That every application for verification of certificate of practice and place of practice received shall be scrutinized by the Office within a period of one month from the date of its receipt and if found in order, it shall be placed along with the personal tile of the applicant before the Administrative Committee, for passing the requisite order allowing or dismissing the application.

Such application is liable to be dismissed only in case it is found that the advocate has left law practice and that he/she has no bona fide intent and interest in-continuing it in future also and such an advocate shall be treated as a non-practicing advocate under these Rules.

No adverse order can be passed under this rule unless a reasonable opportunity of being heard is afforded to the applicant.

S.Rule 14 Objection Petition.--

14.1 An advocate or any person may file an objection petition before the State Bar Council seeking to add the name/names of an advocate/advocates in the List of Non-Practicing Advocates on the ground that such an advocate has left law practice and that he/she has no bona fide intent and interest in continuing it in future also.

14.2 Rule A. I (I) and rule A. I (2) of Chapter I of Part VII of the Bar Council of India Rules relating to complaints under section 35 of the Advocates Act shall, mutatis mutandis apply to these objection petitions except that such objection petition shall be accompanied by a security amount of Rs.1,000/- and such fee as is prescribed in the aforesaid Rules relating to complaints under section 35 of the Advocate Act.

14.3 That in case the State Bar Council finds that there is a prima facie case in favor of the applicant; it shall refer it for decision to its Administrative Committee.

14.4 That the "Administrative Committee" of the State

S.Rule 15 Follow up action of order passed under rule 13.--

15.1 That immediately after the application for verification of Certificate of Practice is allowed under Rule 13 of these Rules, the Office of the State Bar Council shall prepare the verified Certificate in FORM "B" in duplicate duly signed by the Chairman of the State Bar Council and in his absence by the Vice chairman of the State Bar Council or by such other member of the State Bar Council who is specifically authorized for the said purpose by the State Bar Council.

15.2 That one copy of such verified Certificate of Practice 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 the advocate. The State Bar Council shall also make rules and issue an Identity card of such Advocates containing their photographs, which I-card shall be valid for a period of 5 years from the date of issuance and it shall be required to be produced at the time of voting election of State Bar Council or Bar

S.Rule 16 Consequence of dismissal of application under Rule 13.--

In the event of dismissal of application under Rule 13, such consequences as are laid down by Rule 20.4 would follow.

S.Rule 17 Consequences of failure to make application as stipulated by Rule 7 to 11.--

That in case an advocate fails to make an application for verification of Certificate of Practice within such period/extended periods as provided for under Rules 8 to 11 and in case he fails to remove the shortcomings/defects in his application despite intimation under Rule 12 for a period of 6 months, it shall, prima facie, be presumed that the such an advocate has left law Practice and that he/she has no bona fide intent and interest in continuing it in future also.

S.Rule 18 Follow up action against advocates who fail to respond and fall within the ambit of Rule 17 and Publication of "list of defaulting advocates".--

18.1 That the Office of the State Bar-Council -shall prepare a list of such defaulting advocate/advocates who has/have failed to apply for issuance/verification of Certificate of Practice within such period/extended period as provided for by these Rules or have failed to remove shortcomings/defects in their applications despite intimation within the stipulated period of 6 months.

This list may be titled as the "List of the Defaulting Advocates".

18.2 All such advocates whose name/names have been included in the list of "defaulting advocates" shall be given due notice of the fact that their name/names stood included in the above list and further notice of this list shall also be given in the following manner:

 i. One Copy of such List shall be displayed outside the Office of the Bar Council
 
 ii. Copies of such list shall also be sent to such District/Taluka Bar Association/s to which such advocate/advocates belong as per the. Address

S.Rule 19 Late Applications after publication under Rule 18.--

If an application for issuance/verification of Certificate of Practice is received by the State Bar Council within a period of 6 months of the publication of the aforesaid list of defaulting advocates under Clause (iv) of Rule 18, it shall be accompanied by such late fee penalties as are specified by rules 10 to 12 of these Rules.

All such applications shall be processed by the Office as per the procedure laid down by rule 10 to 12 and thereafter order on such applications shall be obtained under rule 13 and such order shall be given effect to as per these rules.

S.Rule 20 Consequences of failure to respond and publication of "list of non-Practicing advocates".--

20.1 That if no application for issuance/verification of Certificate of Practice is made under these rules or if an, application is filed but defects are not removed as -per Rule 17, it shall be presumed for the purposes of these rules that such an advocate has left law practice and that he/she has no bona fide intent and interest in continuing it in future also.

20.2 That on the expiry of a period of 6 months of the publication of such "List of Defaulting Advocates", the State Bar Council shall pass an order directing that the name/names of such advocate/advocates appearing "List of the Defaulting Advocates" be put in the list of "Non-Practicing Advocates".

20.3 That due notice of the list of "Non-Practicing Advocates" shall be given to the followings:--

 i. One copy of such list shall be sent to the Bar Councilor India and to all other State Bar Councils.

 ii. One copy of this list shall be sent to all the Courts situated within the territoria

S.Rule 21 Non-practicing advocates as included in the list of "non-practicing advocates" not entitled to practice law and to other privileges and rights.--

21.1 From the date of publication of the aforesaid list of non-practicing-advocates, all such advocate/s whose name/names has/have been included in the aforesaid list shall not be entitled to appear in any Court of Law, before any Tribunal or person legally authorized to take evidence and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice. Notwithstanding the fact that name/names of such advocates is/are entered in the State Roll and that he is holding certificate of enrolment under section 22 of the Advocates Act.

Further name/s of such advocate/s shall not be included in the electoral roll for the purposes of elections to the State Bar Councils. Such an advocate/s shall cease to be a member of any Bar Association and further he/she shall not be entitled to cast vote/s in any elections of the Bar Associations.

The status and rights of such advocate/s as advocate/s entitled to participa

S.Rule 22 Record with respect to practicing and non-practicing Advocates.--

22.1 That on culmination of the initial process of identification of Non-practicing Advocates in the aforesaid manner in the publication of the List of such advocates under Rule 20.4 the State Bar Council shall create and maintain a separate record of such Advocates with all particulars as to name, address, date of birth, date of enrolment, enrolment number, particulars of application for issuance/verification of Certificate of Practice if any, and of its dismissal. This record shall be updated regularly.

22.2 Every State Bar Council shall send to the Bar Council of India an authenticated soft copy of the record as maintained under Rule 22.1 every year.

22.3 All the Advocates whose certificate of Practice arc duly verified shall be issued a certificate of Practice affixing his photograph and mentioning the period of its validity FORM "B", and the State Bar Council shall also issue an Identity card to such Advocates containing a Xerox copy of his photograph and the peri

S.Rule 23 Updating of the electoral rolls of the State Bar Council for the purposes of elections.--

On the publication of list of non-practicing Advocates under rule 20.4 and after sending copy of such record to the Bar Council of India under Rule 22.2 the State Bar Councils shall start the process of preparation of electoral roll for elections to the State Bar Councils as per Chapter I Part-III of the Bar Council of India Rules. No State Bar Council shall undertake to prepare electoral roll or to conduct elections to the State Bar Councils unless the process of verification of Certificate of Practice and of identification of non-practicing advocates is completed under these Rules by publication of their names under Rule 20.4

Provided that the election/s of the State Bar Council/s where a special committee/committees under section 8A of the Act is/are already functioning on the date of commencement of these rules, shall continue under the existing rules as if these rules-have not been enforced. In such State Bar Councils. these Rules shall come into force only after the new

S.Rule 24 Appellate Tribunal.--

24.1 There shall be an Appellate Tribunal for disposal of appeals under these rules with respect to each State Bar Council and such Tribunal shall comprise of the following members:-

 i. Two Members of the State Bar Council elected by the state Bar Council under Rule 44 A(2)(i) of Bar Council of India Rules under Part VI, Chapter II Section (IV A).

 ii . One member of the State Bar Council from amongst the members of the Executive Committee to be nominated 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.

 iii. Member of the Bar Council of India from the concerned State Bar Council who shall be its Chairman;

24.2 That the quorum of the Appellate Tribunal shall be three members but no final order shall be passed unless the Chairman of the Appellate Tribunal is party thereto.

S.Rule 25 Appeal against order passed under rule 13/Rule 20.2.--

That in case the application of an Advocate for verification of Certificate of Practice is dismissed under Rule 13 of these Rules/in 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 party may, within a period of 60 days of-the date of passing of the order or publication of the list of non-practicing 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 cause is shown for such delay.

Every such appeal shall be accompanied by an attested copy of the impugned Order. The appeal shall not be received and entertained unless it is accompanied by a fee of Rs.200/- in the form of a Bank Draft / Account Payee Bank Cheque favoring Secretary, State Bar Council of the concerned State Bar Council.

Out of this amount of Rs.200/- the Secretary State Bar Council shall send or deposit remi

S.Rule 26 Stay of operation of order passed under rule 13 and 19.2.--

Mere filing of an appeal against order passed under rules 13 and 20.2 shall not operate to stay the operation of order appealed against unless its operation is stayed by the Appellate Tribunal on such conditions, as it may deem tit.

S.Rule 27 Power of Revision.--

27. 1 The Bar Council of India may, at any time call for the record of any proceeding under these Rules which has been disposed of by the Stale Bar Council or by the Appellate Tribunal, and from which no appeal lies for the purpose of satisfying itself as to the legality and propriety of such: order or disposal and may pass such orders in relation thereto as it may deem fit.

This revision shall be under Part-II, Chapter IX of BCI Rules viz, Section 48A of the Advocates Act, 1961.

27.2 No order which prejudicially affects any Advocate shall be passed under this Rule unless an opportunity of being heard has been afforded to him.

S.Rule 28 Resumption of Practices.--

28.1 If an advocate whose name has been included in the "list of non-practicing advocate" published under Rule 20.4, intends to resume law practice in the changed circumstances, he may apply to the State Bar Council that his/her name may be taken out of such list

28.2 Application for resumption shall be made in Form C along with resumption fee of Rs.2,000/.- and declaration. Such an application shall be supported by a certificate in Column III of Form A issued by the President/Secretary of the Bar Association, of which the applicant intends to become member for doing practice in law.

28.3 The State Bar Council shall refer such an application for resumption to the Administrative Committee which may pass an appropriate order allowing or dismissing such application provided that such an application shall be allowed only if the Administrative Committee is satisfied that the intent of the applicant to resume law practice is bona fide.

28.4. In case application for re

S.Rule 29 The Verification/Process Fee Fund.--

The State Bar Council shall open a separate account for this purpose to be operated jointly by the Chairman and Secretary of the State Bar Council.

29.1 That all the payments towards application verification fee, late fee and penalties payable under these rules shall be paid by way of bank drafts/account payee bank cheques only in the name of Secretary State Bar Council or it may also be deposited in cash to the Secretary, State Bar Council or it may also be deposited in cash to the Secretary, State Bar Council.

29.2 That the all the amount collected under these rules shall be utilized for the following purposes only:--

 (a) To meet the administrative and other expenses arising in connection with these Rules; The rest of amount shall be spent.

 (b) To make contributions to different Bar Associations for the following purposes only.--

  i. Establishing and improving Law libraries.

  ii. Improvement of infrastruct

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S.Rule 2 Extent.--

These rules will be applicable to all the advocates whose names appear on the State Rolls being maintained by the State Bar Councils under section 17 of the Advocates Act, 1961.

S.Rule 1 Short Title.--

These Rules shall be called as the "Certificate of Practice and Place of Practice (Verification) Rules, 2015".