Temporary suspension of advocate’s practice in Maharashtra
This article explains how an advocate may temporarily suspend his/her Sanad or Certificate of Practice, when taking up any alternate occupation or employment.
As per The Bar Council of India Rules made under the Advocate Act 1961:
Section VII-Restriction on other Employments
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.
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.
49. 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.
50. An advocate who has inherited, or succeeded by survivorship 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 decended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.
51. 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.
Hence, if an Advocate takes up any other such business or profession, he must inform the Bar Council and get his name transferred to the list of Non-Practicing Advocates.
Procedure to suspend Advocate’s Practice under Bar Council of Maharashtra and Goa:
- Write a simple application
Mention your Full Name, Enrollment Number, request for temporary suspension of practice and Transfer of your name to the rolls of Non-Practicing Advocates.
- Attach a DD or pay cash of Rs. 300/- as Administrative Fees.
If you want a Certificate confirming your name on the list of Non-Practicing Advocates (for Profession Tax purposes, or occupation purposes) , you need to pay Rs. 300 + 700 = Rs. 1000 by Cash or DD.
- If suspending practice temporarily, you do not need to surrender your Advocate’s ID Card or your Certificate of Practice.
- Within 3 – 8 days, you can collect your Non-Practicing Certificate from the Bar Council Office on showing the Receipt.