West Bengal Law Clerks Act, 1997
No: 6 Dated: Apr, 16 1997
THE WEST BENGAL LAW CLERKS ACT, 1997
West Bengal Act VI of 1997
An Act to provide for the regulation and control of the system of registration and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the regulation and control of the system of regulation and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Law Clerks Act, 1997.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "advocate" has the same meaning as in clause (a) of section 2 of the Advocates Act, 1961;
(b) "appointed day", in relation to any provision of this Act, means a day on which that provision comes into force;
(c) "law clerk" means a law clerk entered in the State roll under the provisions of this Act;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "right to act" means the right to do one or all of the following acts:-
(i) to accept employment under an advocate to assist him in the work of his legal profession or to enter into an agreement with an advocate for the purpose of assisting him in the work of his legal profession;
(ii) to present application signed by an advocate of the parties to a litigation for information, supply of form, return of document, repayment of deposit, inspection or any other matter of routine nature;
(iii) to take delivery of copies or information, and to tender money, on behalf of an advocate;
(iv) to identify persons swearing affidavits;
(v) to take notes from the cause lists and books of information regarding dates of hearing, processes, process-fees due, and like matters;
(vi) to file before an officer of any court, tribunal or other authority or person legally authorised to take evidence, whether on oath or not, any document, material or thing required to be filed before such court, tribunal or other authority or person on behalf of a litigant, provided such document, material or thing is accompanied by a list of such document, material or thing and is signed by the advocate of the concerned party;
(vii) to do any other act which may be required by any rules made under any law for the time being in force or by any order issued by the State Government or the High Court;
(f) "roll" means a roll of law clerks prepared and maintained under section 8;
(g) "State Council" means a council of law clerks constituted under section 3.
3. State Council. - (1) There shall be a State Council consisting of twenty-seven members elected from amongst the law clerks on the roll in such manner and from such constituencies as may be prescribed.
(2) There shall be a Chairman, a Vice-Chairman, a General Secretary, elected by the State Council from amongst its members in such manner as may be prescribed.
(3) The term of office of the members of the State Council shall be three years from the date of the first meeting of the State Council :
Provided that the members of the State Council shall continue to hold office until the first meeting of the next State Council.
(4) The State Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold properties, both moveable and immoveable, and to contract, and shall by its name sue and be sued.