Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates

Section 22 of the Advocates Act, 1961: Certificate of Enrolment

Section 22 of the Advocates Act, 1961 requires the concerned State Bar Council to issue a certificate of enrolment in the prescribed form to every person whose name is entered on its roll of advocates. It also requires an enrolled advocate to notify the State Bar Council of any change in permanent residence within 90 days.

Text of Section 22

Meaning and explanation of Section 22

1. Who issues the certificate of enrolment?

The certificate is issued by the State Bar Council that maintains the State roll on which the advocate's name is entered.

2. Certificate follows entry on the State roll

Section 22 links the certificate directly to enrolment on the State roll. Once a person's name has been entered on that roll under the Advocates Act, the State Bar Council must issue a certificate in the prescribed form.

3. The form is prescribed by applicable rules

Section 22 itself does not set out the physical format or all particulars of the certificate. The certificate must be issued in the form prescribed under the applicable Bar Council rules.

4. Change of permanent residence must be reported

An advocate whose name is on a State roll has a continuing statutory duty to notify the concerned State Bar Council whenever the advocate's place of permanent residence changes.

5. Ninety-day statutory period

The notification under Section 22(2) must be made within 90 days from the change in permanent residence.

Section 22 compliance at a glance

How Section 22 fits into the enrolment framework

Section 17 requires each State Bar Council to maintain its roll of advocates. Section 24 states who may be admitted on a State roll, while Section 25 identifies the authority to which an enrolment application is made. Section 22 operates after entry on the roll by requiring issuance of the certificate.

Certificate of enrolment and later verification

The certificate of enrolment under Section 22 should be distinguished from later regulatory requirements concerning verification of an advocate's place and continuity of practice. The Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 use the Section 22 certificate as part of the advocate's enrolment record and verification framework.

Related provisions

• Section 17 requires State Bar Councils to maintain rolls of advocates.
• Section 18 governs transfer from one State roll to another.
• Section 19 requires State Bar Councils to communicate rolls and changes to the Bar Council of India.
• Section 21 deals with disputes regarding seniority.
• Section 24 sets out qualifications for admission on a State roll.
• Section 25 specifies where applications for enrolment are made.
• Section 26 deals with disposal of applications for admission.
• Section 28 concerns State Bar Council rule-making for admission and enrolment matters.

Official legal sources

The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.

The Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 may be checked through India Code: India Code - BCI Certificate and Place of Practice (Verification) Rules, 2015.