State Bar Council cannot levy charge for transfer of enrollment: MP High Court

The Madhya Pradesh High Court on Tuesday said that State Bar Council cannot charge any amount from an advocate who wants to transfer his enrollment to Madhya Pradesh from other States [Rohit Pathak v The Bar Council of India and Others]

The Division Bench of Chief Justice Sanjeev Sachdeva and Justice Dwarka Dhish Bansal made the observation while hearing an advocate's plea challenging the demand of ₹15,000 fee by the Bar Council of State of Madhya Pradesh. The Court had last month passed an interim order directing the State Bar Council to register the advocate's name on its roll without charging any fee.

Today, the Court was informed that the petitioner-advocate's name has been entered into the rolls of the State Bar Council. Following the submission, the Court was inclined to dispose of the plea.

However, another lawyer stood up and said that he was facing a similar problem. In response, the counsel appearing for the State Bar Council said the overall issue related to the charging of fee for transfer of enrollment will be reconsidered by the body in the next general meeting.

However, Chief Justice Sachdeva questioned how the State Bar Council can demand the amount in absence of any provision in the Advocates Act.

"Aap demand kasie karsakhte hai fee [how can you demand the fee] when Act says without fee," the Court asked.

It then proceeded to record the counsel's statement that the Bar Council would not charge the amount since the same is not permissible under the Act.

"He submits that in view of the specific provision of Section 18 (1) of the Advocates Act, 1961, which states that Bar Council of India shall direct that the name of such a 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,  no fee shall be charged by the State Bar Council in case of such transfer application which are received after due approval from the Bar Council of India. The statement is taken on record and the petition is accordingly disposed of in accordance with above terms."

Addressing the young counsel who had stood up, the Court then said,

"We have directed it, now they can't take it. He has made statement they wont charge, you go and get your transfer done."