Regd. No. WB/SC-320 No.WB/CPS/Raj-2 (Part 111)/2006 Frye Rolkata a;ette ;;
warit* Extraordinary Published by Authority CAITRA 16 ] THURSDAY, APRIL 6, 2006 [SAKA 1928
PART III— Acts of the West Bengal Legislature GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No.432-L.-6th April, 2006.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information :— West Bengal Act VIII of 2006 THE WEST BENGAL LAW CLERKS (AMENDMENT) ACT, 2006.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 6th April, 2006.]
An Act to amend the West Bengal Law Clerks Act, 1997.
WHEREAS it is expedient to amend the West Bengal Law Clerks Act, 1997, for the West Ben. Act purposes and in the manner hereinafter appearing; VI of 1997.
It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Law Clerks (Amendment) Act, 2006.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the West Bengal Law Clerks Act, 1997 (hereinafter referred to as the principal Act),—
(1) for clause (e), the following clause shall be substituted:— • `(e) " right to act", in relation to a law clerk, means the right to do one or all of the following acts:—
(i) to present application signed by the parties to a litigation for information, supply of form, return of document, repayment of deposit, inspection or any other matter of routine nature;
(ii) to take delivery of copies or information, and to tender money, on behalf of the parties to the litigation;
(iii) to identify persons swearing affidavits;
(iv) to take notes from the cause lists and books of information regarding dates of hearing, processes, process-fees due;
(v) 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 Short title and commencement.
Amendment of section 2 of West Ben. Act VI of 1997.
3 4] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 [P ART III Amendment of section 4.
Amendment of section 5.
Amendment of section 8.
Amendment of section 9.
Amendment of section 14.
The West Bengal Law Clerks (Amendment) Act, 2006.
(Sections 3-7.)
document, material or thing and is signed by the concerned party;
to present plaints, written statements, complaints, objections and petitions drafted and signed by any advocate before any court, tribunal or other authority or person legally authorised to take evidence wheather on oath or not;
(vii) to apply for and receive, on behalf of and duly authorised by a litigant, certified copies of judgments, orders, information, deposition of witnesses, plants, complaints, written statements, petitions and objections;
(viii) to apply for and receive a police report forwarded by a Police Officer to the Magistrate under sub-section (2) of section 173 of the Code of Criminal Procedure, 1973;
(ix) to present applications, objections signed by the parties to the litigation for receiving certified copies of the order of any proceeding under the West Bengal Land Reforms Act, 1955 and also for necessary information and searching record of right on behalf of the parties to the litigation;
(x) 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, Calcutta, from time to time;';
(2) for clause (g), the following clauses shall be substituted:— '(g) "State Council" means a council of law clerks constituted under section 3;
(h) "State Government" means the Government of West Bengal.'.
3. In the proviso to sub-section (3) of section 4 of the principal Act, for the words "the Chairman or the President of that Committee", the words "the President of that Committee" shall be substituted.
4. In section 5 of the principal Act,—
(1) in sub-section (3), for the words "a sum of money, not exceeding thirty rupees, annually:", the words "such sum of money as may be prescribed by the State Government:" shall be substituted;
(2) in the proviso to sub-section (3), for the words, figure and brackets "shall be untilised for any purposes other than those mentioned in sub-section
(1).", the words, figure and brackets "shall be utilised for any purpose other than those mentioned in sub-section (1)." shall be substituted.
5. In clause (b) of sub-section (1) of section 8 of the principal Act,—
(1) in the first proviso, for the words "an enrolment fee of two hundred rupees";
the words"such enrolment fee, as may be prescribed," shall be substituted;
(2) in the second proviso, for the words "showing payment of one hundred rupees as admission fee", the words "showing payment of such an amount of admission fee, as may be prescribed," shall be substituted.
6. To sub-section (2) of section 9 of the principal Act, the following proviso shall be added:— "Provided that if the State Government considers necessary so to do, it may, by an order, relax any of the conditions specified in clause (b) and clause (c) for a period of one year from the date of coming into force of this provision.".
7. In sub-section (2) of section 14 of the principal Act,—
(1) after clause (a), the following clause shall be inserted:— "(aa) the amount of admission fee payable under the second proviso to clause (b) of sub-section (1) of section 8;";
(vi) 2 of 1974.
West Ben.
Act X of
1956.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 [5 Amendment of section 15.
Substitution of section 16.
Amendment of section 19.
Amendment of section 20.
The West Bengal Law Clerks (Amendment) Act, 2006.
(Sections 8-11.)
(2) for clause (d), the following clause shall be substituted:— "(d) the amount of enrolment fee payable under the first proviso to clause
(b) of sub-section (1) of section 8 and the manner including instalments, if any, in which such enrolment fee may be paid.".
8. In section 15 of the principal Act,—
(1) in clause (f) of sub-section (1), for the words "deposit of fee of fifty rupees", the words and figures "deposit of fee of such an amount as may be prescribed under section 32" shall be substituted;
(2) in sub-section (3),—
(a) for the words "person to be employed as a licensed law clerk", the words "person to act as a licensed law clerk" shall be substituted, and
(b) for the words "on payment of a renewal fee of fifty rupees", the words and figures "on payment of such renewal fee as may be prescribed under section 32" shall be substituted;
(3) sub-section (4) shall be omitted;
(4) in sub-section (5),—
(a) for clause (i), the following clause shall be substituted:— "(i) a treasury challan showing deposits of renewal fee referred to in sub-section
(3);";
(b) for clause (ii), the following clause shall be substituted:— "(ii) a certificate from a law clerk having ten years 'experience as such.".
9. For section 16 of the principal Act, the following section shall be substituted:— "Suspension or 16. (1) The State Council may, by order in writing, Cancellation of suspend the law clerk for a period to be specified in licence. the order or remove his name from the register and cancel his licence for reasons to be recorded in writing on any of the following grounds, namely:—
(a) if the person ceases to act as a law clerk for such a period as may be prescribed by the State Government under section 32;
(b) if the person acting as a law clerk is convicted of any offence punishable under this Act or any law for the time being in force;
(c) if the person acting as a law clerk is declared insolvent by a court of competent jurisdiction;
(d) if any further complaint of misconduct is received against the person acting as a law clerk after proof of complaint of misconduct against such person under section 20.
(2) Before suspending or cancelling the licence under sub-section (1), the State Council shall give a notice in writing to the concerned law clerk stating therein the ground on which it is proposed to take action and shall give him a reasonable opportunity of being heard.".
10. In section 19 of the principal Act, for the words and figures "any person legally authorised to take evidence or before the Registrar or the Sub-Registrar appointed under the Registration Act, 1908, or any other office.", the words "any person legally authorised to take evidence." 16 of 1908.
shall be substituted.
11. For sub-section (4) of section 20 of the principal Act, the following sub-section shall be substituted:— "(4) Where a law clerk is suspended under clause (c) of sub-section (3), he shall have no right to act during the period of suspension.".
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 [PART III The West Bengal Law Clerks (Amendment) Act, 2006.
(Sections 12-20.)
12. For section 22 of the principal Act, the following section shall be substituted:— "Enquiry. 22. In deciding any proceeding, the Disciplinary Committee of the State Council shall conduct enquiry and take such evidence in such form as may be prescribed.".
13. For section 23 of the principal Act, the following section shall be substituted:— "Appeal. 23. (1) Any person aggrieved by an order of the State Council under section 16, or by an order of the Disciplinary Committee of the State Council under section 20, may, within ninety days from the date of communication of the order to him, prefer an appeal to the State Government:
Provided that the State Government may entertain an appeal after the expiry of such period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing it in time.
(2) On receipt of any such appeal, the State Government shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, make an order to dispose of the appeal.
(3) The State Government shall dispose of the appeal within a period of four months from the date of its filing.
(4) The order made by the State Government under sub-section (3) shall be fmal and binding.".
Amendment of 14. In section 24 of the principal Act,— section 24.
(1) for the words "Appellate Committee", the words "State Government' shall be substituted, and
(2) for the words and figures "under section 19.", the words and figures "under section 20." shall be substituted.
Amendment of 15. In section 25 of the principal Act, for the words "Appellate Committee", the words section 25. "State Government" shall be substituted.
Amendment of 16. In sub-section (1) of section 26 of the principal Act,— section 26.
Substitution of section 27.
Amendment of section 28.
Substitution of section 32.
Insertion of new section after section 34.
(2) Every rule made under sub-section (1) shall be laid, as soon as may be after it is made, before the State Legislature.".
20. After section 34 of the principal Act, the following section shall be inserted:— "Amendment of Ben. Act V of 1942. 35. The Bengal Touts Act, 1942, shall be amended in the manner specified in the Schedule II to the Act.".
Ben. Act V of
1942.
Substitution of section 22.
Substitution of section 23.
(1) for the words "Appellate Committee", the words "State Government" shall be substituted, and
(2) for the words "Licensing Authority and the advocate to whom he is attached or engaged:", the words "Licensing Authority:" shall be substituted.
17. For section 27 of the principal Act, the following section shall be substituted:— "Proceeding not 27. Notwithstanding anything contained in any other provisions of this to be invalid. Act, if any member other than the Chairman of a Disciplinary Committee of the State Council is absent on a day fixed for the hearing of a case before the Disciplinary Committee of the State Council, it may, if considers necessary so to do, hold or continue the proceeding and no order made by it in any such proceeding shall be invalid merely by reason of the absence of any such member thereof on any such date:
Provided that no final order shall be made in any proceeding unless all the members including the Chairman of the Disciplinary Committee are present.".
18. In section 28 of the principal Act, for the words "the Appellate Committee", the words "the State Government" shall be substituted.
19. For section 32 of the principal Act, the following section shall be substituted:— "Power to make rules. 32. (1) Save as otherwise provided in any other provisions of this. Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 The West Bengal Law Clerks (Amendment) Act, 2006.
(Section 21.)
[7 Insertion of new schedule after Schedule I.
21. The existing Schedule of the principal Act shall be renumbered as Schedule I of that Act and after the Schedule I, so renumbered, the following Schedule shall be inserted:— ' SCHEDULE II (See section 35.)
Amendment of the Bengal Touts Act, 1942 (Ben. Act V of 1942) In the Bengal Touts Act, 1942, for section 6, the following section shall be substituted:— "Substitution of Chapter 6. For Chapter VIA of the Legal Practitioners Act, 1879, the following 18 of 1879.
VIA in Act 18 of 1879.
Chapter shall be substituted:—
CHAPTER VIA Of clerks of Revenue-agents.
Power to make rules as to employment, etc. of
31A. (1) The Chief Controlling Revenue Authority may make rules clerks of Revenue- consistent with the provisions of the Act as to the following matters in agents.
regard to clerks to Revenue-agents, namely:—
(a) the employment of clerks of Revenue-agents;
(b) the manner in which and the terms subject to which such clerks may be granted licences;
(c) the fees (if any) to be paid for such licences;
(d) the conditions under which persons acting as clerks of Revenue-agents without licences shall be deemed to be touts for the purpose of the Act.
(2) The rules made under this section shall be submitted to the State Government for approval, and after they have been approved, such rules shall be published in the Official Gazette and on publication shall have effect as if enacted in this Act.".'.
By order of the Governor, SHYAMAL KANTI CHAKRABORTY, Secy. to the Govt. of West Bengal, Law and Judicial Departments.
Published by the Controller of Printing & Stationary, West Bengal and printed by Asstt. Supdt. at "Secretary to the Governor's Press, Raj Bhavan, Kolkata".
Page 1 Page 2 Page 3 Page 4 Page 5