12 April 2012
please note that in maharashtra advocates have to give an undertaking format mentioned below
UNDERTAKING (a) I HEREBY UNDERTAKE that if after my admission as an advocate, I accept full or parttime service or I am engaged in any trade, business or profession (Unless exempted by the Bar Council under its Rules) I shall forthwith inform the Bar Council to put my name in the non-practising advocates list for suspension of my sanad, and I will also surrender my identity card and sanad to the Bar Council Office immediately.
12 April 2012
The affidavit mentioned by Sethi is submitted almost all persons seeking their enrollment before any of the Bar Councils of India but practically various so-called advocates engage themselves in trade or business and do not get their license suspended for that period. this problem is going on in almost all bar associations and various problems are being faced by practising lawyers due to increasing number of such non-practising advocates.
I observed in one bar association that non-practicing advocates outnumber practicing advocates. When the election of the bar association held, such 'outsiders' elected their own president and other office bearers of that bar. This is nothing but a mockery of Advocates Act, 1961.
Lawyers engaged in taxation practice are practicing advocates and cannot be ousted as told but the discussion of practicing and non-practicing advocates should definitely be raised in all bar associations and BCI should take appropriate practical action in this matter.
13 April 2012
No Bar Council of any State would disqualify a member only for the reasons that he has been practicing tax related laws. Practice means practive of any branch of law including taxation or IPRs or for that matter civil or criminal. Even those practicing Labour and Allied Laws are also practicing advocates. However those engaging themselves into any kind of business/commercial activity should volunteer to inform the Bar Council with which they are enrolled and should stop influencing the working of Bar Association of which they are members. In case the Bar Association is strong, it can take action against those members and remove their name from the membership of Bar Association. Many association do not take such steps for the reasons that such non-active, non-practicing members are source of their income.