Legal Question in Civil Rights Law in India
Sir, My question was "I am an Advocate. I have taken a fish pond in auction for three years from gram panchayat. Shall this activity attract sec 35 of Advocates Act". In answer you told me "Yes. Engaged in business". But if I will not use it for business purpose and as there is shortage of ponds It will be used for social cause for 10th day ceremony purposes of a death person without any cost . Is it a business. Please reply me.
1 Answer from Attorneys
1) already replied on Pathlegal. Also refers to ur email.
2) Rules framed under Sec.28. (2) (d) read with Sec.24(1) (e)
70. A person who is otherwise qualified to be admitted as an Advocate but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an Advocate.
3) Every person applying to be admitted as an Advocate shall in his application make a declaration that he is NOT IN FULL OR PART-TIME SERVICE or part-time service or employment and that he is not engaged in any trade, business or profession.
4) But in case he is in such full or part-time service or employment or is engaged in any trade, business or profession he shall in the declaration disclose full particulars of his service, employment or engagement.
5) He shall also undertake that if, after his admission as an Advocate he accepts full or part-time service or employment or is engaged in any trade, business or profession disqualifying him from admission, he shall forthwith inform the Bar Council of such service or employment or engagement and shall cease to practise as an Advocate.
6) For further clarification u hv to write to ur State Bar Council as to how many acres the pond is, how many 10th day ceremonies will take place, how the profit earned from pond is disposed etc.
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