Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 18 of the Advocates Act, 1961: Transfer of Name from One State Roll to Another
Section 18 of the Advocates Act, 1961 allows an advocate enrolled with one State Bar Council to apply to the Bar Council of India for transfer of the advocate's name to the roll of another State Bar Council.
In brief: The application is made to the Bar Council of India in the prescribed form. If transfer is allowed, the advocate's name is removed from the first State roll and entered on the second State roll without payment of a transfer fee under Section 18, and the advocate retains the same seniority.
Text of Section 18
Section 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 transfer of the advocate's name from that State Bar Council roll to the roll of any other State Bar Council.
On receipt of such an application, the Bar Council of India shall direct that the advocate's name, without payment of any fee, be removed from the roll of the first State Bar Council and entered in the roll of the other State Bar Council, and the State Bar Councils concerned shall comply with that direction.
Proviso: If disciplinary proceedings are pending against the applicant, or if for any other reason the Bar Council of India considers that the transfer application is not bona fide and that transfer should not be made, the Bar Council of India may reject the application after giving the applicant an opportunity to make a representation.
(2) Where an advocate's name is transferred from one State roll to another under sub-section (1), the advocate retains in the new State roll the same seniority to which the advocate was entitled in the former State roll.
Meaning and procedure under Section 18
1. Who may apply?
An advocate whose name is already entered on the roll of a State Bar Council may seek transfer to another State Bar Council roll.
2. Application is made to the Bar Council of India
Section 18 places the transfer power with the Bar Council of India, not with either of the two State Bar Councils acting alone.
3. Prescribed Form C
The current Bar Council of India Rules prescribe Form C for an application for transfer to another State roll under Sections 18 and 49(1)(b) of the Advocates Act, 1961. The form asks for enrolment details, the existing State Bar Council and roll number, information about any prior enrolment applications, whether disciplinary proceedings are pending, reasons for transfer, intended ordinary place of practice and the permanent address after transfer.
4. No transfer fee under Section 18
The statutory text states that the name is to be removed from the first roll and entered in the second roll without payment of any fee. Any administrative documentation requirements under current rules should nevertheless be checked before filing.
5. Disciplinary proceedings may prevent transfer
If disciplinary proceedings are pending against the applicant, the proviso permits the Bar Council of India to reject the application after giving the applicant an opportunity to make a representation.
6. Bona fide requirement
The Bar Council of India may also reject an application where it appears that the transfer request is not bona fide and that transfer should not be made. The applicant must first be given an opportunity to make a representation.
7. Seniority is preserved
Section 18(2) expressly protects the advocate's existing seniority. Transfer to another State roll does not cause the advocate to lose the seniority already enjoyed on the former roll.
Transfer procedure at a glance
| Step | Requirement |
|---|---|
| 1 | Advocate is enrolled on an existing State Bar Council roll. |
| 2 | Application is made to the Bar Council of India in prescribed Form C. |
| 3 | BCI considers enrolment details, reasons for transfer, disciplinary status and bona fides. |
| 4 | If allowed, BCI directs removal from the former State roll and entry on the new State roll. |
| 5 | The concerned State Bar Councils comply with the BCI direction. |
| 6 | The advocate retains the same seniority after transfer. |
How Section 18 relates to Section 17
Section 17 prohibits a person from being enrolled on the roll of more than one State Bar Council. Section 18 provides the statutory mechanism for changing the State roll without creating simultaneous enrolment on two State rolls.
Related provisions
- Section 17 deals with State rolls and prohibits enrolment on more than one State roll.
- Section 19 requires State Bar Councils to send copies of rolls and alterations to the Bar Council of India.
- Section 21 deals with disputes regarding seniority.
- Section 22 deals with certificates of enrolment.
- Section 26A deals with removal of names from a State roll in specified situations.
- Section 28 deals with State Bar Council rule-making on admission and enrolment.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
The prescribed transfer form is published in the Bar Council of India Rules: India Code - Bar Council of India Rules, Form C.
Legal note: Section 18 provides the statutory transfer right and safeguards. Before filing a transfer application, the current Bar Council of India Rules, prescribed Form C, documentary requirements and any current BCI directions should be checked.