Advocate can start an ashram?
Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
Sir,
An Advocate who is actively practicing before the Court of law and in the meanwhile he started an Ashram in his name and also inviting the general public through his Website to donate his Ashram for construction of Ashram buildings.
Is it permissible under the Advocates Act or Bar Council Rules to start an Ashram and to collect donations from the general public in the name of his Ashram?
Please provide your valuable suggestions, in this regard.
Nadeem Qureshi
(Expert) 20 December 2011
As per mu view, there is no boundation for an advocate to build or prepared Ashram, & collect money from Public in this regard.
Raj Kumar Makkad
(Expert) 20 December 2011
There is no such provision binding any Advocate not to involve himself in the religion activities by opening Ashram and collect donation from general public for the construction work.
Advocates Act, 1961 is meant only for professional rules/regulations/conduct of the Advocates being an advocate and not as an individual person.
Shailesh Kr. Shah
(Expert) 20 December 2011
In my opinion, before doing so, prior permission of BCI shall be taken.
Advocate. Arunagiri
(Expert) 20 December 2011
If he is going to be the managing trustee of the ashram, he has to renounce the advocate profession also.
Shonee Kapoor
(Expert) 20 December 2011
Hmmm, conflicting advise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 December 2011
i agree with shailesh shah . better obatin sanction from bar council
prabhakar singh
(Expert) 20 December 2011
In my opinion,before doing so, prior permission of BCI should be sought for to avoid any complication in future.
Shyam Ji Srivastava
(Expert) 20 December 2011
Shailesh Shah is absolutely right. Prior permission is mandatory.
mahendrakumar
(Expert) 21 December 2011
if he is involving only religious activities or associating with an asram,no need of any such permission.
however,in this case collecting money etc for the same and running a website,it is better to take the permission.
Deepak Nair
(Expert) 21 December 2011
If it is pure religious activity, which is not for nay personal gain, then i dont think you need to get any prior sanction from BCI.
The Advocates Act does not bind any advocate from engaging themselves in any religous activity.
Only thing to keep in mind is the activities shall not be commercial
Raj Kumar Makkad
(Expert) 21 December 2011
Ashram is a pure religious activity and many of us are also associated with such activities of donating such institutions and directly or indirectly contributing in the smooth running such institutions and we do not require any permission from BCI so also is in the case of author.
Can any expert tel the relevant provision of Advocates Act, 1961, under which such permission is required?
Shailesh Kr. Shah
(Expert) 27 December 2011
Makkad Sir,
author stated that on his name, he wish to start ashram. and BCI Rules says :-
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."
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2011
Being a legal person you will do a great service by starting an ashram since this job is mental work and people will get solace from your efforts.
Make a trust and get as many donations as you can get , people will come to find out how you did it. Go ahead, all the luck.
