07.11.

2022

PRESS RELEASE

It is brought to the notice of the Bar Council that several Advocates who are
enrolled in the rolls of other State Bar Councils are practicing in the Courts of
Tamilnadu and Puducherry continuously for more than 6 months without getting
transferred their names to our Bar Council as mandated
under Rule 1, Chapter III, Part VI of the Bar Council of India Rules which reads
as follows,

“1. Every Advocate shall be under an obligation to see that his name
appears on the roll of the State Council within whose jurisdiction he ordinarily
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
practicing 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.”

The matter is also elaborately discussed in the General Council of the Bar
Council of Tamilnadu and Puducherry and passed a resolution requesting the
President/Secretaries of all the Bar/Advocate Associations to inform the details of
Advocates who are all enrolled in other State Bar Councils practicing continuously
for more than 6 months without transferring their names enable to take necessary
action against them.

Further, it is informed that the Advocates who have joined in any

employment/business, it is mandatory to inform the same to the Bar Council as
contemplated under Rule 43 and Rule 49, Chapter II, Part VI of the Bar Council of
India Rules which reads as follows,
 “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 enrolled, within ninety days from the date of such
disqualification.

49. An advocate shall not be a full-time salaried employee of any person,

government, firm, corporation or concern, so long as he continues to practice,
and shall, on taking up any such employment, intimate the fact to the Bar
Council on whose roll his name appears and shall thereupon cease to practice
as an advocate so long as he continues in such employment.”

But several Advocates who are in employment/Business have not suspended

their practice and they are joining in the Welfare Fund Scheme by suppressing the
same.

Therefore, the President/Secretaries of all the Bar/Advocate Associations are

directed to identify those Advocates who are all practicing in the Courts of Tamilnadu
and Puducherry without transferring their enrolment and send their details to the Bar
Council of Tamilnadu and Puducherry to take necessary action against them.
Further, they are also requested to send the details of those Advocates who are
under employment/business to the Bar Council enable to make entry in the records
and also to take action against them.

(P.S. AMALRAJ)
CHAIRMAN
Note: All the details may be sent through email information@bctnpy.org
All the Advocates are requested to verify their details in the Bar Council
website : bctnpy.org