Restrictions

 

Restrictions on other employment......

 

A NOTE OF CAUTION RESTRICTION ON OTHER EMPLOYMENT
Part VI Chapter II Sec. 7, Bar council of India Rules

Section Vll- Restriction on other Employments

1. Section 47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
Section 48. 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.
2. An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice, 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 practice as an advocate so long as he continues in such employment.
Nothing in this rule shall apply to a Law Officer of the Central Government of a State or any Public Corporation or body constituted by State who is entitled to be enrolled under the rules of his State Bar Council made under Section 28(2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee.

Law Officer for the purpose of these Rules means a person who is designated by the terms of his appointment, and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.

3 An Advocate who has inherited, or succeeded by survivor ship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has descended to him by survivorship of inheritance or by will, provided he does not personally participate in the management thereof.

4 An Advocate may review parliamentary Bills for a remuneration, edit legal text books at a salary, do press vetting for newspapers, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects both legal and non-legal.

5. 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 of India from time to time.