Representation to bar council of india

Date:18.02.2011
Representation to Bar Council Of India

Being aggrieved by the discrimination against themselves in certifications of e-forms notified under the Companies Act, 1956 and the Limited Liability Partnership Act, 2008 a representation on behalf of advocates has been given to The Bar Council of India, today. The representation has been signed by around forty advocates practicing in New Delhi. Earlier in 2010 same representation was given to Different State Bar Councils of India and the Coordination Committee, All bar association of Delhi. Through the aforesaid representation Chairman of Bar Council of India has been requested to look into the matter and raise the issue before the concerned ministries of central Government and take all other necessary steps to resolve the issue which has the impact of discrimination against Advocates and Law students of the country.

For ready reference the said representation has been reproduced as under:

“To:

The Chairman,
Bar Council of India,
New Delhi

From:
Under signed Advocates.

Sub: Discrimination against Advocates.
Ref: E-forms notified under the Companies Act, 1956 and the Limited Liability Partnership Act, 2008.

Sir,

We are writing to you on a matter which has been a source of concern to over one million advocates practicing across the country and lacs of students doing LL.B.

Needless to say that since the inception of concept of “body corporate”, advocates have been providing their valuable services to the corporate world and this field of law has separately been recognized as Corporate Law. Till year 2006 advocates were serving their corporate clients on their own. They were not required to approach any Chartered Accountant, Cost Accountant or Company Secretary.

With a view to implement e-governance in Registrar of Companies (ROC) the Ministry of Corporate Affairs (MCA) has notified over 80 e-forms under the abovesaid Acts which can be filed with ROC only after one of the practicing Chartered Accountant or Company Secretary or Cost Accountant certify them. Advocates have not been allowed to certify those e-forms. This has caused unnecessary restriction on the profession of the advocates.

We are sure you appreciate and share the Advocates’ and law students’ concern for the benefit and development of the legal profession. We request you to raise the issue before the concerned ministries of Central Government and take all other necessary steps to resolve the issue which has the impact of discrimination against Advocates.

We look forward for your response in this matter.

With warm regards.”