CAN ADVOCATE PRACTICE AS C.A.also

one of the profession you will have to choose.

@ CA Members and  Ld Lawyers friends

ICAI with its amendments in act/schedules/code has allowed membership of Bar Council while holding COP of CA

I am still finding section/rule in Advocate Act/BCI rules which prohibit enrollment of practising CA who has got NOC from ICAI for enrollment in BCI.

I request learned Advocate member to please give specific section in Advocate act and BCI Rule and

I furturer request all members please do not give answers like these " ONLY ONE PROFESSION OR NO BODY CAN SAIL TWO BOATS OR IT IS BARRED IN ADVOCATE ACT OR BCI RULE"

if any CA or Advocate member has specific section/rule in Advocate Act/BCI rule only then answer this query

sanjeev

judicialreformsindia@gmail.com or send PM

Rules are framed by the state Bar councils. I am herewith giving relevant part of Rules framed by the A.P. Bar Council. All other bar Councils also framed similar Rules.

C H A P T E R – IV 
ENROLMENT 
Rules framed under Sec.28. (2) (d) read with Sec.24(1) (e)

70.        A person who is otherwise qualified to be admitted as an Advocate but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an Advocate.  Provided however that this rule shall not apply to:-

1. Any person who is an articled Clerk of an attorney.
2. Any person who is an assistant to an Advocate; or to an attorney who is an Advocate.
3. Any person who is in part-time service as a Professor, Lecturer or Teacher-in-Law.

Provided that in the opinion of the State Bar Council the nature of employment does not conflict with his professional work, and is not inconsistent with the dignity of the profession. This shall be subject to such directions, if any, as may be issued by the Bar Council of India from time to time.

1. Any person who by virtue of being a member of a Hindu Joint family has an interest in a joint Hindu family business, provided he does not take part in the management thereof; and.

1. Any class of persons as the Bar Council may from time to time exempt with the approval of the Bar Council of India.

70.        A.         Every candidate for admission as an advocate by the Bar Council of the State of Andhra Pradesh, whose medium of instruction in the Law Degree course is not in English, shall pass a preliminary examination in English conducted by the Bar Council. 

Provided that a candidate who has taken his law degree with English as an optional subject shall not be required to pass such preliminary examination in English.

70. A person suffering from a contagious disease which the opinion of the State Bar Council makes his practice of Law a hazard to the health of others shall not be enrolled during the time that person concerned continues to suffer from the said disease. 

70.        *AAA.   Deleted

1. Every person applying to be admitted as an Advocate shall in his application make a declaration that he is not in full or part-time service or employment and that he is not engaged in any trade, business or profession.  But in case he is in such full or part-time service or employment or is engaged in any trade, business or profession he shall in the declaration disclose full particulars of his service, employment or engagement.  He shall also undertake that if, after his admission as an Advocate he accepts full or part-time service or employment or is engaged in any trade, business or profession disqualifying him from admission, he shall forthwith inform the Bar Council of such service or employment or engagement and shall cease to practise as an Advocate.

1. No Advocate shall accept any employment which, in the opinion of the Council, is derogatory to the status of an Advocate.  And if he does so, he shall be liable to be proceeded against for professional misconduct.
    
2. A breach of the above mentioned rules or any undertaking given in pursuance thereof shall amount to professional misconduct.

@ Narender Ji

I am talking of Delhi State Bar Council rules.