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Advocates - Certificate and Place of Practice (Verification) Rules, 2015 - Last Date, Fee, Documents Procedure and Effect of Non Verification

 

What is Certificate of Practice Verification? What are the Rules? Who should apply for issuance of Certificate of Practice? Is it applicable to Advocate on Record and designated Senior Advocates? What is the procedure for submitting application for Certificate of Practice? Is it Compulsory to use Original Application form? What is the procedure to get duplicate application form in case of change of address or non receipt of application forms? What are the documents to be submitted with Application for Certificate of Practice? What is the amount of Verification / Processing Fee and what is the mode of payment? What is the process for advocates doing chamber practice with law firms and who are unable to file Vakalatnamas? What is the procedure for those who are engaged in registered law firm? What are the modes of Submission of Application for Certificate of Practice with Bar Council? Other Latest information from Bar Council of Delhi?

What is Certificate of Practice Verifications?

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.

Who should apply for issuance of Certificate of Practice?

The 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.

Advocates enrolled with Bar Council 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 under the Rules of 2015.

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.

Is it applicable to Advocate on Record and designated Senior Advocates?

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.

What is the Procedure for Certificate of Practice?

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

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.

Is it Compulsory to use Original Application Form?

The Applicant should use application from sent by respective Bar Council.

What is the procedure to get duplication application form in case of change of address or non receipt of application forms?

Those who have not received the form (for change of address or otherwise) may write to the Bar Council of Delhi as per the attached format and marked as Annexure-‘A’ and obtain form in original through their clerk/authorized agent.

What are the documents to be submitted with Application for Certificate of Practice? How Much is the fee? What is mode of payment?

Application for Certificate of Practice shall be accompanied by the following documents, certificates, declaration, fee etc.

Verification / Processing Fee and mode of payment

(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.

What is the process for advocates doing chamber practice with some law firms and who are unable to file Vakalatnamas?

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.

What is the procedure for those who are engaged in registered law firm?

Those who are engaged in any registered law firm shall be required to obtain a certificate from the law firm and submit it along with their application form.”

What are the modes of Submission of Application for Certificate of Practice with Bar Council?

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 ].

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.

 

Other Latest information from Bar Council of Delhi

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.

"1. By Order of the Hon’ble Supreme Court of India dated 10th May 2016 duly filled in form have to be deposited either by hand or post to the Secretary, Bar Council of Delhi, 2/6, Siri Fort Institutional Area, Khel Gaon Marg, New Delhi – 110049 on or before 20th June 2016.

2. Those who have not received the form (for change of address or otherwise) may write to the Bar Council of Delhi as per the attached format and marked as Annexure-‘A’ and obtain form in original through their clerk/authorized agent.

3. Senior Advocates and Advocates on Record are exempt. However, a separate Form ‘E’ be filed for issuances of Identity Card. The specimen copy of ‘Form-E’ is attached herewith as Annexure-‘B’

4. Verification exercise applies to the advocates who enrolled upto 31.12.2011.

5. 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 authorised for this purpose by the Bar Association, of which the applicant is a member, or by a member of the State Bar Council duly authorised by the State Bar Council or Bar Council of India Rule 8.4 (iii).

6. 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 authorised by State Bar Council or by the Bar Council of India [Rule 8.4 (iv).

7. This application (complete in all respect) may be submitted against proper receipt with the Bar Council of Delhi and/or sent by Registered Post with verification fee of Rs. 100/- (Rupees Hundred only) payable by way of demand draft/cheque/cash in the name of Secretary, Bar Council of Delhi and is to be given along with duly filled in form with attachments

8. Practicing advocates are also required to attach the certified copies of at least 5 Vakalatnamas or any other document/cause list/self attested copies of the orders/judgments establishing that the advocate has been in practice for last 5 years.

9. Additionally, one photograph with signature on the back be also provided for the purposes of Identity Card.

10. For retainers of law firms, Conveyancing Advocates, Corporate Lawyers, requirements as mentioned in para 8 does not apply. Please attach the following:

(a) If the Advocate is attached with/Registered with some law or Solicitor firm, he/she shall furnish a certificate to that effect from the Authorised Officer of the Firm showing details as to for what period Advocate has served the firm and nature of his details.

(b) If the lawyer is a conveyancing lawyer he/she shall furnish 5 (five) such documents of last 3 years to support his claim that he/she is a conveyancing practice lawyer.

Annexure-‘C’ is the copy of the ‘Form’ for your review.

All these documents to be self attested (except form and photograph)."

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