An Advocate who is not in practice since his enrollment in State Bar Council, he use to do practice in Taxation but now he got an offer from his friend to become a MD in his friend Pvt Limited Company.
As we all knows that: Section VII-Restriction on other Employments-48- says, An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.
and also -49- says : An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.
U may think, when i know this is not possible to become MD for an advocate who is in practice then why i am asking such question,
my question is that person only has a Bar Council Membership and he is not in practice since the beginning so is this possible for him to be MD or he should surrender his license or he should contact the concerned bar council. or does it is the same meaning that bar council membership is a proof that he is in practice. when he is not in practice.
Please rectify me if am wrong anywhere. i would be appreciate if you could clear me by replying the above concern.