STATE BAR COUNCIL OF MADHYA PRADESH
RENEWAL OF LICENSE RULES, 2005
It has been observed that some of the Advocates on the roll of this Bar Council are either doing their own business or have joined service but they have neither informed the Bar Council nor they have yet got suspended their license. Not only this some of them are not even the members of any Bar Association. Apart from this, there are cases in which an advocate has either gone out of India and left the active practice or died. As such in order to up-date the existing position of the advocates on the Roll, the necessity to form these rules have been arisen. This system will help in raising some funds, which can be utilized for the welfare of the advocates these rules will also help in safeguarding the right. Privileges and interests of the advocates and to promote the growth of the Bar Associations.
These rules shall be called as State Bar Council of M.P. Renewal of License Rules 2005.
These rules will be applicable to all the advocates whose names appear on the State Roll maintained by the State Bar Council of M.P. under Section 17 of the Advocates Act 1961.
Date of Enforcement: 3
These Rules shall come into force at once from the date these are approved by the Bar Council of India.
Definition : 4
a) Advocate means an advocate whose name is entered in the State Roll prepared and maintained by the State Bar Council of M.P. under Section 17 of the Advocates Act 1961.
b) License means Certificate of Enrolment held by an advocate issued under Section 22 of the Advocates Act 1961.
c) Fund means amount received by the State Bar Council of M.P. in furtherance of the renewal of license of the Advocate under these rules.
d) State Bar Council means the Bar Council of State of M.P. as defined under Section 3 (1) (a) of the Advocates Act, 1961.
e) Fee - means amount payable by each advocate at the time of renewal of the license under these rules and may be increased from time to time by a resolution of Bar Council.
f) Dependent : A person shall not be dependent, if he is not employed in any kind of service, nor having any independent source of income and was dependent on deceased Advocate for his livelihood.
5. Every Advocate shall get his/her license renewed from the State Bar Council after a span of every 5 year. The Advocate whose name appears on the roll of State Bar Council and on the date of enforcement of these rules, has completed 5 years shall get his license renewed within 6 months from the date of enforcement of these rules, further provided that an advocate who has not completed 5 years on the commencement of these rules, shall apply for renewal of the license within two months, from the date of completion of five years.
6. Every application shall be accompanied within a fee, as prescribed below to be paid by way of Bank Draft in favour of " State Bar Council of Madhya Pradesh " payable at Jabalpur.
Rs. 200/- Advocates having standing 5 years to 10 years.
Rs. 500/- Advocates having standing above 10 years.
Rs. 50/- as Regd. Postal Charges.
Out of the fund received by the State Bar Council of M.P 15% amount shall be payable to the concerned Bar Association for Library.
The period of standing as Advocates shall be reckoned from the date of enrolment.
7. Every Advocate shall apply for renewal of his/her license in the prescribed form appendix "A" accompanied with an affidavit/declaration on prescribed form Appendix "B" and original enrolment Certificate, along with two Stamp Size photographs duly attested by Member Bar Council/President/Secretary, Bar Association.
The Declaration of the Advocate must be signed by the President/Secretary of the Bar Association concerned/countersigned by a Member of the State Bar Council to the effect that Advocate has been practicing regularly since the date of enrolment or from the date of membership of the Bar Association as the case may be.
8. Advocate shall send such application, accompanied by documents as provided in Rule 7 through by Regd A.D. Post or by hand, at the office of State Bar Council of M.P. along with prescribed renewal Fee.
9. Every such application shall be submitted/sent to the office of Bar Council as to reach within the stipulated date under rule 5, or such extended date by Bar Council in General Meeting by a resolution.
Further provided that application received after expiry of last date/extended date shall only be accepted by the office with late fee as prescribed in rule 14.
10. Every application received shall be scrutinized by the office preferably within one week from the date of receipt in order of seniority of received application and if found in order it shall be placed along with person file before, Secretary or any other person authorized by the Bar Council for passing orders of renewal of license. These persons shall be competent authority to sign the renewal license.
In case application received is incomplete the office shall write a letter to Advocate pointing out defects and after completion of formalities his case would be processed.
Further provided that if any Advocate does not follow his incomplete application for a period of six months his application shall be deemed to have been rejected and fee paid shall be confiscated. However, he may apply afresh with requirements.
Where in case office reports that Advocate has incurred any disqualification under Section 24-A of Advocates Act 1961 or any Resolution / Rule of Bar Council of India, after his enrolment or he did not comply with any undertaking filed at the time of enrolment the matter shall be placed before the Chairman of Bar Council through Secretary for consideration and Chairman may, if in his opinion, he has incurred any disqualification, disentitling him to renew license, may pass an order to place before the General House for opinion and Bar Council may refer to Bar Council of India for refusal of renewal as provided under provisions of Section 26 (2) & (3) of Advocate Act, 1961 and Rules framed there under.
11. After having found the application in order the State, Bar Council shall prepare and issue a certificate to be called as " Renewed Certificate " and it shall be dispatched to Advocate under Registered Post.
Further Provided that a separate dispatch register shall be reckoned as Renewal Number of advocates by entering full particulars of advocate. Renewal Register of each year shall be prepared and maintained in a manner prescribed. However, for a time being as an alternative measure, the entry of renewal license shall be made in the Register of Advocate Welfare Fund already being maintained.
12. Bar Council shall prepare Certificate of Renewal in duplicate duly signed by the Secretary or any other person authorized by Bar Council and an endorsement shall be made on the back of Enrolment Certificate. The second copy shall be placed in the personal file of the Advocate.
13. If any Advocate fails to apply for renewal of her/his license with stipulated date or Extended date as provided in Rule 5, it shall be presumed that the Advocate is not practicing regularly, either has gone out of India, without intimation to Bar Council permanently or joined service/business and left his practice and his Enrolment certificate shall be deemed to have been suspended and Chairman shall pass formal Order of such cessation and his name will be entered in the list of non-practicing Advocates.
14. Any Advocate on the Roll of Bar Council has failed to get his license within stipulated date/extended date, due to some sufficient cause or reasonable ground, he may apply to the Bar Council for renewal of his license, with late fee supported by an affidavit and his application, may dealt with as per Rule 7.
The Chairman of Bar Council may condone the delay, if in his opinion that sufficient cause of reasonable ground prevented him to apply within, stipulated/extended date. Not exceeding first six months with late fee of Rs.100/- per month or part of month.
Further provided that in a particular case, any advocate does not apply as provided herein above within one year after expiry of last date his license shall only be renewed after the approval of Bar Council in General Meeting and may impose late fee as Bar Council may determine.
15. An Advocate who does not get license renewed he shall not be entitled to appear in any Court Tribunal or before any authority or person in India.
16. (i) Amount received by way of renewal of fee shall be deposited in a nationalized Bank under the License Renewal fee Fund Account and will be operated by Secretary and Chairman jointly. The Office shall maintain a separate Cash Book/Ledger and Receipt Book to maintain the Accounts and all payment shall be made by Cheque and accounts will be audited every year by Chartered Accountant to be a appointed by the Bar Council.
(ii) Amount of this fund be utilized for the following purposes only by the General Body of the Council.
a) For the welfare of the Advocates in the following manner.
i) May grant medical aid upto Rs.10,000/-.
ii) For the purchase of library of Bar Association.
iii) For any other purpose for enhancing common cause of the Advocates of State of MP as the Bar Council may decide in General Meeting by a Resolution.
iv) No amount for any other purpose shall be utilized except for the purpose explained.
17. The State Bar Council may issue any instructions from time to time under these rules.
18. In case of any doubt/dispute regarding interpretation of these rules, the decision of the Bar Council shall be final.