If you are stuck in such a situation, here is what to do.

Many advocates, after being enrolled in one state, find the need to transfer their practice to another state for personal or professional reasons. A common query we received was from Mr. Alok Verma, an advocate enrolled with the State Bar Council of Rajgarh. He wished to transfer his enrollment to his home state of Pradeshpur to practice before the Pradeshpur High Court and its subordinate courts. This guide outlines the complete procedure for transferring your advocate enrollment from one State Bar Council to another within India.

Advice in such cases

Navigating the transfer process requires a systematic approach. Here are the key steps to ensure a smooth transition:

• Gather All Documents: Before initiating the process, collect all necessary documents, including your enrollment certificate, identity proofs, and educational qualifications.

  
  

• Obtain the No-Objection Certificate (NOC): The most crucial step is applying for an NOC from your current State Bar Council. This is the official permission that allows you to transfer.

  
  

• Follow Up Diligently: The process involves coordination between two State Bar Councils and the Bar Council of India. Regular follow-ups can help expedite the procedure.

  
  

• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

  
  

Applicable Sections of Law

The transfer of an advocate’s name from one state roll to another is governed by the Advocates Act, 1961, and the rules framed by the Bar Council of India.

• Section 18 of the Advocates Act, 1961: This is the primary section that provides for the transfer of an advocate’s name from one State roll to another. It empowers the Bar Council of India to direct such a transfer upon an application made by the advocate, provided a No-Objection Certificate has been obtained from the original State Bar Council.

  
  

• Bar Council of India Rules: Part V, Chapter III of the BCI Rules lays down the detailed procedure and the forms required for the transfer application.

  
  

If you are the complainant

If you are the advocate initiating the transfer (the applicant), you must follow these steps meticulously:

• Draft an Application: Write a formal application to your current State Bar Council (e.g., Rajgarh Bar Council) requesting a No-Objection Certificate (NOC) for the transfer of your enrollment to the new State Bar Council (e.g., Pradeshpur Bar Council). Clearly state the reason for the transfer.

  
  

• Submit to BCI: Once you receive the NOC and your original enrollment file from your current Bar Council, you must submit these along with a fresh application and the prescribed fee to the Bar Council of India for their approval and direction.

  
  

• Final Submission: After receiving the transfer order from the Bar Council of India, you need to submit it along with all the documents to the new State Bar Council (Pradeshpur Bar Council) for them to add your name to their state roll.

  
  

• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

  
  

If you are the victim

While there is no “victim” in this administrative process, you might face issues like undue delays, non-cooperation from a Bar Council, or loss of documents. In such a scenario, you can take the following steps:

• File a Grievance: If your application is being unreasonably delayed by the State Bar Council, you can file a formal grievance with the Chairman of that council.

  
  

• Escalate to the Bar Council of India: If the issue persists, you can escalate the matter by writing to the Bar Council of India, detailing the problem and seeking their intervention.

  
  

• Legal Recourse: As a last resort, you may consider filing a writ petition before the High Court seeking a direction to the concerned Bar Council to expedite your application.

  
  

• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

  
  

How the police behave in such cases

The police have absolutely no role or jurisdiction in the process of transferring an advocate’s enrollment between State Bar Councils. This is a purely administrative matter handled by the State Bar Councils and the Bar Council of India as per the provisions of the Advocates Act, 1961. You will not need to interact with any police authorities for this purpose.

FAQs people normally have

• Can I be enrolled in one state and be a member of a Bar Association in another?
  Yes. You can be enrolled with one State Bar Council (e.g., Rajgarh) and still become a member of a High Court or District Court Bar Association in another state (e.g., Pradeshpur) by paying their respective membership fees. However, to vote in the Bar Association elections or hold a position, you are generally required to be enrolled in that state’s Bar Council. For regular practice, Bar Association membership is often sufficient.

  
  

• What are the approximate expenses involved?
  The expenses include application fees for the NOC from the original Bar Council, fees for the transfer application to the Bar Council of India, and enrollment fees for the new State Bar Council. This can range from a few thousand to several thousand rupees, varying between states.

  
  

• Can I continue to practice during the transfer process?
  Yes, your enrollment as an advocate remains valid throughout the transfer process. You can continue to practice based on your original enrollment until your name is formally transferred and entered into the roll of the new State Bar Council.

  
  

What evidence is required?

You will typically need the following documents for the transfer process:

• A formal application for transfer.

  
  

• The No-Objection Certificate (NOC) from your current State Bar Council.

  
  

• Your original Certificate of Enrollment.

  
  

• An affidavit stating that no disciplinary proceedings are pending against you.

  
  

• Copies of your identity and address proofs.

  
  

• The resolution of the State Bar Council permitting the transfer.

  
  

• The prescribed fee paid via Demand Draft or other specified modes.

  
  

How long will the investigation take?

The term “investigation” is not applicable here; it is a “processing time.” The duration for the entire transfer process can vary significantly. Obtaining the NOC from the original State Bar Council may take 1 to 3 months. After that, the approval from the Bar Council of India can take another 2 to 4 months. The final enrollment in the new State Bar Council may take an additional month. On average, you should be prepared for the entire process to take anywhere from 4 to 8 months, depending on the efficiency of the councils involved.

Advocate Sudhir Rao, Supreme Court of India