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Advocate taking employment

(Querist) 09 August 2012 This query is : Resolved 
If an advocate on the roll of State bar has paid professional tax upto 2017 and has taken employment in a Company and Company keeps it on its payroll and deducts professional tax, and that advocate tells the company to show his paid challan and certificate of Prof Tax if upon enquiry by the Prof Tax department. Then can the Prof Tax department tell the bar council that an advocate is employed in company and can bar council take action against that advocate. That advocate has not informed the bar about taking full time employment. The advocate is employed by way of appointment letter as Sr.Officer legal.
HIRAL THAKKAR (Querist) 09 August 2012
please help
adv. rajeev ( rajoo ) (Expert) 09 August 2012
It amounts to misconduct, so it is better to surrender his sanad to bar council immediately, before bar council initiating the action.
Hemant Agarwal (Expert) 10 August 2012
for : HIRAL,

1. Presently, a Advocate may not hold any office-of-profit, while holding a Advocate-Practising-Sanad. Hence it would ultra-vires of the Advocates Act and the state HC rules.

2. To circumvent around the problem, you may request the employer Company to engage your services in the capacity of a "Legal Consultant / Legal Advisor", on monthly "Retainer-Ship" "FEE" basis and yet continue your professional Advocacy parameters (Sanad), even while providing the same relevant services (now say Client) which you are now providing as a "employee" on salary basis.

3. Note here the criteria would be (for point no. 2)
a) Legal Consultant / Legal Advisor INSTEAD OF "Sr. Legal Officer"
b) Retainer-Ship fees INSTEAD OF "Salary / Remuneration"

4. FURTHER, it does not matter, if someone complains in your matter. At that then enquiry / notice time, just simply surrender your Sanad with a regret declaration / apology. However, be careful NOT to sign any vakalatnama for ANYBODY, "IF & WHEN" during your employment perood.

Keep Smiling .... Hemant Agarwal
HIRAL THAKKAR (Querist) 10 August 2012
Can the professional tax department complain about that advocate to bar council
O. Mahalakshmi (Expert) 10 August 2012
I support with Hemanth

HIRAL THAKKAR (Querist) 10 August 2012
I again ask

Can the professional tax department complain about that advocate to bar council when they will be come to know Prof Tax of that advocate is already paid and the employer has shown the certificate to the Prof. Tax department.?

HIRAL THAKKAR (Querist) 10 August 2012
Your answers are required
Hemant Agarwal (Expert) 10 August 2012
1. Professional Tax dept, has got nothing to do with the Advocates Bar council and neither will it be bothered for violations under the Advocates Act, and neither the Profession Tax Act / Rules, has any such provision or jurisdiction to inform other non-govt. depts. Note: The Bar Council is not a govt. dept.

2. Further there is no logical reason or motive, for the Professional Tax dept., to complain to the Bar Council, as there is no violation of "Professional Tax", since as a Registered Advocate, you are liable to pay a maximum of Rs. 2500/- as professional Tax to the dept. .AND. EVEN AS A EMPLOYEE YOU ARE LIABLE TO PAY A MAXIMUM OF RS. 2500/- AS PROFESSIONAL TAX TO THE DEPT.

However, morally by vow-of-ethics, the onus is on you, to self-declare your current professional / employee status to the Bar Council and do the needful.

Keep Smiling .... Hemant Agarwal
V R SHROFF (Expert) 10 August 2012

Don't let others spoil image of Advocate.

If you have no courage, just let me knoe name add &bar council state he is regd with.
Why he can't inform BC , that he want to temporarily suspend his practice, while on roll of bar.
HIRAL THAKKAR (Querist) 01 September 2012

Stay cool. It is only a query. If there is any thing sort of I shall inform accordingly to BC
Guest (Expert) 01 September 2012
Dear Hiral,

You have not stated what is the actual problem. Any academic query may not get you appropriate solution to your problem.

About your queries and supplementary queries, at first, as a querist, your instruction/ direction to the experts, like "stay cool, it is a query" is quite unwarranted on your part.

2ndly, your query seems to be hypothetical, as you have stated that the "advocate on the roll of State bar has paid professional tax upto 2017", that means he has paid his professional tax for 5 years in advance up to 2017. I don't think any advocate on earth would prefer to pay in advance, that too for 5 years, any amount to cover his professional tax that would become due in future and without knowing whether the rates would remain the same or be revised.

3rdly, about your supplementary query, "Can the professional tax department complain about that advocate to bar council." if the advocate has resorted to the fight with the officials of the professional tax department, anybody out of them individuall;y or officially would report the matter to the BC, may be out of revenge.
prabhakar singh (Expert) 01 September 2012
bull shit!
an advocate can not accept employment of any body,however he can be a retainer.once employed he is no more a professional.

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