Can advocates do business with public sector companies?
Harry
(Querist) 10 August 2017
This query is : Resolved
I had been applying for lube distributorship and petrol pumps and was recent called in one interview. The company has a clause saying candidate will have to resign if employed and give affidavit that he is not employed in private sector. And they asked me to surrender my licence in case I was selected which was not acceptable to me. Advocates act does not restrict advocates from doing business and guidelines from petroleum ministry only say about resigning from employment (whether public or private). Surrendering license doesn't make sense never heard that some advocate has surrendered his/her license. So If I do such business will state bar stuck me out from state enrolment list? Or initiate any such action?
Rajendra K Goyal
(Expert) 10 August 2017
Please refer Rules governing Advocates, Rule 47 reads:
47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
http://lawmin.nic.in/la/subord/bcipart6.htm
Kumar Doab
(Expert) 10 August 2017
You may also go thru section:52..
'52. Nothing in these rules shall prevent an advocate from accepting after obtaining the consent of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council, the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as may be issued by the Bar Council India from time to time.
'
and also Section;48,49,50,51
R.K Nanda
(Expert) 10 August 2017
advocate cannot do any other business.
Ms.Usha Kapoor
(Expert) 11 August 2017
According to Advocates Act section 24 r/w section 49(1)(c0 precludes advocates taking up any full time job or any job that is inconsistent with practice.Please refer the following links also.
... Read more at: http://www.livelaw.in/rule-49-fate-lawyers-law-firms/...
Read more at: http://www.livelaw.in/rule-49-fate-lawyers-law-firms/
Ms.Usha Kapoor
(Expert) 11 August 2017
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R.K Nanda
(Expert) 11 August 2017
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Kumar Doab
(Expert) 11 August 2017
Dear Mr. R.K.Nanda,
A word of thanks, note of thanks does motivate, encourage to do the free social service.
Guest
(Expert) 11 August 2017
Only favourable answers are liked by the querists.
R.K Nanda
(Expert) 11 August 2017
Dhingraji, you are very right.
