Section 17 in Advocate Act

Title: State Bar Councils to maintain roll of advocates

Description: (1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of (a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1[including persons, being citizens citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council; (b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day. (2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates. (3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 2[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows:-- (a) the seniority of an advocate referred to in clause (a) of sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926); (b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify; 3* * * * * (d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be. 4[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled whether before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980) as an advocate shall be determined in accordance with the date of his enrolment as an attorney.] (4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council. 1. Subs. by Act 60 of 1973, s. 14, for "and who, within the prescribed time" (w.e.f. 31-1-1974). 2. Subs. by Act 21 of 1964, s. 9, for "and such seniority shall be determined" (w.e.f. 16-5-1964). 3. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974). 4. Ins. by Act 47 of 1980, s. 2 (29-11-1980).

Title: Transfer of name from one State roll to another

Description: (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 the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction: 1[Provided that where any such application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application.] (2) For the removal of doubts it is hereby declared that where on an application made by an advocate under sub-section (1), his name is transferred from the roll of one State Bar Council to that of another, he shall retain the same seniority in the latter roll to which he was entitled in the former roll. 1. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16-5-1964).

Title: State Bar Councils to send copies of rolls of advocates to the Bar Council of India

Description: Every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations in and additions to any such roll, as soon as the same have been made.

Title: Special provision for enrolment of certain Supreme Court advocates

Description: 1[20. Special provision for enrolment of certain Supreme Court advocates.-- (1) Notwithstanding anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and the State Bar Council concerned shall comply with such direction. (2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of subsection (3) of section 17. (3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi. 1. Subs. by Act 60 of 1973, s. 15, for section 20 (w.e.f. 31-1-1974).

Title: Disputes regarding seniority

Description: (1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. 1[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.] 1. Subs. by s. 16, ibid., for sub-section (2) (w.e.f. 31-1- 1974).