Advocates can not form companies to run business. No such guidelines framed and approved by Bar council Of India and Maharashtra Goa. As per the reply it means all advocates firm and LLP companies are illegal! Read RTI reply by Bar Council of India.
Final Status of PMOIN/R/2016/52967
Applicant Name
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SK Shrivastava
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Date of receipt
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04/10/2016
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Request Filed With
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Prime Minister's
Office
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Text of Application
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Many Advocate firms
register LLP (Limited Liability Partnership)company by showing Business
activity as other Business in LLP form. Bar Council of India may have rules
to register LLP advocate firms . Information required from Bar Council of
India/Ministry of law and justice.
RTI Question 1. Guidelines to register LLP Law/legal firms by advocates.(Copy) 2. Number of advocates taken prior permission from bar council of India/any to form LLP since 2008. 3. List of legal/law/advocate firms approved by Bar council as LLP with date of registration at Bar council. |
Request document (if any)
|
|
Status
|
RTI REQUEST RECEIVED as on 04/10/2016
|
Date of Action
|
04/10/2016
|
Final Status of MOLAW/R/2016/80329
THE ADVOCATES ACT, 1961
6. Functions of State Bar Councils.—
(1) The functions of a State Bar Council shall be—
(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(c) to entertain and determine cases of misconduct against advocates on its roll;
(d) to safeguard the rights, privileges and interests of advocates on its roll; 1[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section 7;]
(e) to promote and support law reform; 2[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and paper of legal interest;
(eee) to organise legal aid to the poor in the prescribed manner;]
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members; 3[(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;]
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions. 4[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;] 5[(c) establishing law libraries.]] 6[(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.]
THE ADVOCATES ACT, 1961
17. State Bar Councils to maintain roll of advocates.—
(1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1[including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935, and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates.
(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 2[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows:—
(a) the seniority of an advocate referred to in clause (a) sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926);
(b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify; 3[***]
(d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be; 4[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether before or after the commencement of the Advocate (Amendment) Act, 1980] as an advocate shall be determined in accordance with the date of his enrolment as an attorney.]
(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
THE ADVOCATES ACT, 1961
29. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.
THE ADVOCATES ACT, 1961
30. Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,—
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.
THE ADVOCATES ACT, 1961
33. Advocates alone entitled to practise.—Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.