INTRODUCTION
There is no clarification that an advocate acts as a Secretary of a Society. Now we will discuss here:
THE BAR COUNCIL RULES – DUTY TO THE COURT RULES GOVERNING ADVOCATES
PART – VI CHAPTER – II
Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)
Section I – Duty to the Court 7
- An Advocate should not act or plead in any matter in which he is himself pecuniary interested.
Illustration: I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
- He should not accept a brief from a company of which he is a Director.
Section VII-Restriction on other Employments
The restrictions given by the Bar Council of India are enumerated from Rules 47 to 52 of Bar Council of India Rules, frames under Advocates Act 1961
Rule 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.
The above rule is applicable to a society or co-operative Society also. As per society laws Secretary, act as a chief executive officer and look into the day to day operations of the society and carry out administrative tasks. So He or she cannot be appointed as secretary of Society when he/she is in Practice.
Thanks and Regards,
L Damodara
Legal Advisor
