The West Bengal Law Clerks Act, 1997

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act VI of 1997 
THE WEST BENGAL LAW CLERKS ACT, 1997. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 16th April, 1997.] 
[16th April, 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 andfor 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 in the Forty-eighth year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
CHAPTER I 
Preliminary 
1. (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. 
Short title, 
extent and 
commence-
ment. 
25 of 1961. 
2. In this Act, unless there is anything repugnant in the subject or Definitions.. 
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; 
81 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 3.) 
(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 deliveryof copies or information, and to tender 
money, on behalf of an advocate; 
(iv) to identify persons swearing affidavits; 
(v) to take notice 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. 
State 
Council. 3. (1) There shall be a State Council consisting of twenty-seven 
members elected from amongst the law cleks on the roll in such manner 
and from such constituencies as may be prescribed. 
82 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter 1.—Preliminary.--Section 4.) 
(2) There shall be a Chairman, a Vice-Chairman, and 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 movable and immovable, and to contract, and shall by its name sue 
and be sued. 
4. (1) The functions of the State Council shall be— 
(a) to admit persons as law clerks on the roll; 
(b) to prepare and maintain the roll; 
(c) to issue enrolment certificates; 
(d) to entertain and determine cases of misconduct against law 
clerks on the roll; 
(e) to safeguard the rights, privileges and interests of law clerks 
on the roll; 
(f) to organise, conduct and manage training, as may be 
prescribed, for admitting persons as law clerks on the roll and 
to promote, encourage and organise refresher courses; 
(g) to manage and invest the funds of the State Council; 
(h) to provide for the election of its members; 
(i) to lay down the standards of professional conduct; 
(j) to lay down the procedure to be followed by its disciplinary 
committee; 
(k) to promote and support law reforms relating to the profession 
of law clerks; 
(1) to conduct seminar, and to organise talks, on the profession 
of law clerks and on legal topics and to publish journals; 
(tn) to publish periodicals and papers of interest to law clerks; 
(n) to do all acts to provide aid for the welfare of all or any 
specified category or group of law clerks; 
(o) to perform all other functions conferred by or under this Act; 
(p) to do all other things necessary for discharging the aforesaid 
functions. 
Functions of 
State 
Council. 
83 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
(Chapter 1.—Preliminary.—Sections 5, 6.) 
(2) The State Council shall constitute the following committees:— 
(a) one Executive Committee consisting of seven members to be 
elected by the members of the State Council from amongst 
themselves; 
(b) one Enrolment Committee consisting of five members of 
whom four shall be elected by the members of the State 
Council from amongst themselves and the other shall be an 
advocate elected by the members of the State Council; 
(c) one or more Disciplinary Committee, each consisting of three 
members, of whom two shall be elected by the members of 
the State Council from amongst themselves and the other 
shall be an advocate elected by the members of the State 
. Council. 
(3) The State Council may constitute any other committee with the 
members from amongst its members as it may deem necessary for the 
purposes of carrying out the provisions of this Act: 
Provided that wherever an advocate is a member of any committee, in 
whatever name, he shall be the Chairman or the President of that committee. 
Constitution 
of fund. 
Power to 
make rules. 
5. (1) The State Council may constitute one or more funds in the 
manner prescribed for the purposes of— 
(a) carrying out all or any of the functions of the State Council 
under sub-section (1) of section 4; 
(b) giving financial assistance to, or organise welfare schemes 
for, the indigent, disabled or other law clerks; 
(2) The State Council may receive any grant, donation, gift or 
benefaction for all or any of the purposes mentioned in sub-section (1) and 
such grant, donation, gift or benefaction shall be credited to the appropriate 
fund or funds constituted under sub-section (1). 
(3) The State Council may, for any of the purposes mentioned in 
sub-section (1), raise funds from among the law clerks on the roll by 
providing for compulsory payment by each law clerk on the roll of a sum 
of money, not exceeding thirty rupees, annually: 
Provided that no part of the funds so raised shall be utilised for any 
purposes other than those mentioned in sub-section (1). 
6. (1) The State Government shall, in consultation with the High 
Court, make rules for carrying out the purposes of this Act. 
84 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter I.—Preliminary.—Section 6.) 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for— 
(a) the election of members of the State Council by secret ballot, 
including the condition subject to which a person may exercise 
his right to vote by postal ballot, the preparation and revision 
of electoral rolls, and the manner in which the result of 
election shall be published; 
(b) the manner of election of Chairman, Vice-Chairman and 
General Secretary of the State Council; 
(c) the manner in which, and the authority by which, doubts and 
disputes as to the validity of an election to the State Council 
or the election of Chairman, Vice-Chairman or General 
Secretary of the State Council shall be finally decided; 
(d) the filling of casual vacancy in the State Council or any 
Committee thereof; 
(e) the powers and duties of the Chairman, the Vice-Chairman 
and the General Secretary of the State Council and the 
members of various Committees thereof; 
(f) the constitution of one or more funds by the State Council for 
the purpose of carrying out the functions of the State Council 
under sub-section (1) of section 4; 
(g) the summoning and holding of meetings of the State Council, 
the conduct of business thereat, and the number of members 
necessary to constitute a quorum; 
(h) the constitution and functions of any committee of the State 
Council and the term of office of the members of any such 
committee; 
(i) the summoning and holding of meetings of a committee of the 
State Council, the conduct of business of any such committee, 
and the number of members necessary to constitute a quorum; 
(j) the qualifications and the conditions of service of the 
employees of the State Council; 
(k) the appointment of auditors, and audit of the accounts of the 
State Council; 
(1) the maintenance of books of account and other books by the 
State Council; 
(m) the management and investment of the funds of the State 
Council. 
85 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
(Chapter IL—Preparation and maintenance of roll.—Sections 7-9.) 
CHAPTER II 
Class of law 
clerks. 
Preparation 
and 
maintenance 
of roll. 
Issue of 
certificate of 
enrolment. 
Preparation and maintenance of roll 
7. There shall be one class of law clerks for the purposes of this Act. 
8. (1) The State Council shall prepare and maintain a roll of law 
clerks in which shall be entered the name and address of— 
(a) any person who on the appointed day, has been working, or 
had previously worked for at least five consecutive years, as 
an advocate's clerk or licensed clerk under, and in accordance 
with, a licence or registration certificate granted by or under 
any rule, or order of a presiding officer, of a court or tribunal, 
and has been attached to any advocate or pleader: 
Provided that such person shall make an application for 
such enrolment in the prescribed form and shall deposit the 
prescribed fee within one year from the appointed day; 
(b) any other person who is admitted to be a law clerk on the roll 
on or after the appointed day: 
Provided that no person shall be enrolled as a law clerk 
unless he has paid, in respect of such enrolment, an enrolment 
fee of two hundred rupees to the State Council: 
Provided further that the State Council shall not entertain 
any aplication for enrolment unless the applicant produces a 
receipt showing payment of one hundred rupees as admission 
fee to the State Government and the original licence of law 
clerk granted according to law by a competent licensing 
authority. 
(2) Entries in the roll shall be in alphabetical order and shall be subject 
to any rule that may be made by the State Government in this behalf. 
9. (1) There shall be issued a certificate of enrolment in the prescribed 
form by the State Council to every person whose name is entered in the roll. 
Every person whose name is so entered in the roll shall notify any change 
of place of his permanent residence to the State Council within ninety days 
of such change. 
(2) Subject to the provisions of this Act and the rules made thereunder, 
after the appointed day, a person shall be qualified to be admitted as a law 
clerk on the roll, if he fulfils the following conditions:— 
(a) he is a citizen of India; 
86 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter 11.—Preparation and maintenance of roll.—Sections 10-13.) 
(b) he has, on the date of application, completed the age of 
eighteen years, but has not exceeded the age of forty years; 
(c) he has passed the Madhyamik Examination of the Board of 
Secondary Education, West Bengal, or its equivalent 
examination; 
(d) he has completed a period of probation for one year under a 
law clerk acting as such for not less than five years in any 
court in West Bengal under a licence granted by a competent 
authority; 
(e) he fulfils such other conditions as may, on the recommendation 
of the State Council or otherwise, be specified by the State 
Government. 
(3) Notwithstanding anything contained in sub-section (2), any person, 
who has been a law clerk duly licensed under any law for the time being 
in force, may be admitted on the roll, if he makes, within one year from the 
appointed day, an application for such enrolment in accordance with the 
provisions of this Act, and pays to the State Council two hundred rupees 
as enrolment fee. 
10. No person shall be admitted as a law clerk on the roll if he has been 
convicted of an offence involving moral turpitude: 
Provided that the disqualification for enrolment as aforesaid shall 
cease to have effect after a period of three years has elapsed since such 
person has served the sentence. 
Bar to 
enrolment. 
11. An application for admission as a law clerk shall be made in the Application 
prescribed form to the State Council. 	 for
admission as 
law clerk. 
12. Every application for admission as a law clerk shall be referred by Disposal of 
application the State Council to its Enrolment Committee and, subject to any direction for 
that may be given in writing by the State Council in this behalf, such admission as 
committee shall dispose of the application in the prescribed manner: 	 law clerk.  
Provided that the State Council may, if it is satisfied, either on a 
reference made to it in this behalf or otherwise, that any person has got his 
name entered on the roll by misrepresentation of any essential fact or by 
fraud or undue influence, remove the name of such person from the roll 
after giving him an opportunity of being.  heard. 
13. The State Council may remove from the roll the name of any law 
clerk on his death or on the request made in writing by a law clerk to remove 
his name. 
Removal of 
name from 
roll. 
87 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
(Chapter 11.—Preparation and maintenance of roll.—Section 14.—
Chapter Ill.—Issue of licence and renewal, cancellation or 
suspension of licence.—Section 15.) 
Power to 
make rules. 
14. (1) The State Government may make rules for carrying out the 
purposes of this chapter. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for— 
(a) the time within which and the form in which a law clerk shall 
express his intention for the entry of his name in the roll under 
section 8; 
(b) the form in which an application shall be made to the State 
Council for admission as a law clerk on the roll, and the 
manner in which such application shall be disposed of by the 
Enrolment Committee of the State Council; 
(c) the condition subject to which a person may be admitted as a 
law clerk on the roll; 
(d) the manner, including instalments, if any, in which the 
enrolment fee may be paid. 
CHAPTER III 
Issue of licence and renewal, cancellation or suspension of licence 
Issue of 
licence. 
15. (1) Every person who desires to be licensed to act as law clerk in 
any court, tribunal or other competent authority, shall apply in his own 
hand-writing to the Licensing Authority and submitthe following decuments 
with such application:— 
(a) document regarding educational qualifications, 
(b) document regarding age and date of birth, 
(c) certificate from an advocate recommending issue of licence 
in favour of him, 
(d) document regarding his permanent address and usual place of 
residence, 
(e) a character certificate from a responsible person, and 
(f) treasury challan showing deposit of fee of fifty rupees in 
favour of the State Government under the appropriate Head 
of Account. 
(2) After receiving the application with the documents mentioned in 
clauses (a) to (f) of sub-section (1), the Licensing Authority or any person 
appointed by it for the purpose shall scrutinize the application and the 
documents and, if necessary, make an enquiry about the bonafide of the 
application and the genuineness of the documents. If, on such scrutiny and 
enquiry, the Licensing Authority or the person appointed by it is satisfied 
88 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter la —Issue of licence and renewal, cancellation or 
suspension of licence.—Section 16.) 
about the bonafide of the applicant and genuineness of the documents, the 
Licensing Authority or such person, as the case may be, shall issue a letter 
to the applicant to appear before it or him on a day to be mentioned in the 
letter for such test, both oral and written, as may be prescribed. 
(3) When the Licensing Authority is of the opinion that the applicant 
is a fit and proper person to be employed as a licensed law clerk, it shall 
enter his name in the register to be maintained for the purpose and issue to 
him a licence in the prescribed form. The licence shall be non-transferable 
and shall be renewable every five years on payment of a renewal fee of fifty 
rupees. The fact of renewal of a licence shall be endorsed on the back of 
the form of the previous licence. 
(4) Each Licensing Authority shall, at the beginning of the year, send 
a copy of the register referred to in sub-section (3) and of all subsequent 
alterations and additions therein immediately after they are made, to the 
State Council and also to the other Licensing Authority, if any, at the same 
station, for information and for incorporation of the same in its register. 
(5) Every application of a law clerk for renewal of licence shall be 
supported by the following documents:— 
(i) a treasury challan showing deposit of renewal fee of fifty 
rupees; 
(ii) a certificate from an advocate to whom he is attached or 
engaged. 
16. (1) The Licensing Authority, of its own or on receiving any 
recommendation of the State Council or the advocate to whom a law clerk 
is attached or engaged, for suspension or cancellation of the licence of the 
law clerk, may, by order, suspend him or remove his name from the register 
and cancel his licence, for reasons to be recorded in writing, after giving 
him a reasonable opportunity of being heard in his defence, if he is found 
guilty of any such misconduct as may render him unfit for the exercise of 
his duties as law clerk or if he is convicted for any offence involving moral 
turpitude. Every order of suspension of a law clerk or removal of his name 
from the register and every order of cancellation of licence shall be 
communicated forthwith by the Licensing Authority to the State Council 
and also the other Licensing Authorities of the district concerned. A copy 
of the order of such suspension or removal of name from the register and 
cancellation of the licence shall be given forthwith, free of cost, to the law 
clerk concerned. 
Explanation.—Any proceeding taken against a law clerk under this 
sub-section shall be deemed to be administrative, and not judicial, 
proceeding. 
Suspension 
or 
cancellation 
of licence. 
89 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
Right to act 
Jurisdiction 
of law clerk. 
Conditions 
for acting as 
law clerk. 
(Chapter 1V.—Right to act.—Sections 17-19.) 
(2) Where the order of suspension or removal of name from the 
register and cancellation of licence is passed by a court subordinate to the 
District Judge, there shall be a right to appeal to the District Judge and 
where such order is passed by the District Judge, the appeal shall lie to the 
Secretary to the Government of West Bengal in the Judicial Department. 
(3) (a) The termination of agreement of attachment or engagement 
of a law clerk by an advocate shall not by itself result in suspension, or 
removal of name from the register, and cancellation of licence, of the law 
clerk, or removal of his name as law clerk from the roll. 
(b) Notwithstanding such termination of agreement by the 
advocate, the law clerk shall continue to be a licensed law clerk unless and 
until his licence is suspended or cancelled by the Licensing Authority in 
accordance with the provisions of this Act and the rules made thereunder 
in that behalf, if any, and such law clerk shall be at liberty to enter into a 
fresh agreement with any other practising advocate on the strength of his 
existing licence: 
Provided that for renewal of such licence, a certificate from an 
advocate shall be submitted with the application for renewal together with 
such other documents as may be required for such renewal under this Act. 
CHAPTER IV 
Right to act 
17. Subject to the provisions of this Act and the rules made thereunder, 
the class of law clerks referred to in section 7 shall have the right to act with 
effect from the appointed day. 
18. Subject to the provisions of this Act and the rules made thereunder, 
every law clerk, whose name is entered in the roll, shall be entitled to act 
throughout West Bengal, provided he holds a licence or certificate of 
registration as law clerk granted by a competent authority. 
19. The State Government may by rules provide for the conditions 
subject to which a law clerk may act as law clerk before any court, tribunal, 
or other authority or before any person legally authorised to take evidence 
or before the Registrar or the Sub-Registrar appointed under the Registration 16 of 1908. 
Act, 1908, or any other office. 
Explanation.—The right to act as law clerk shall not cease only 
because the State Government has not made any rules. 
90 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter V.—Conduct of law clerk.—Sections 20-23.) 
CHAPTER V 
Conduct of law clerk 
20. (1) Where, on receipt of a complaint or otherwise, the State 
Council has reason to believe that any law clerk on the roll has been prima 
facie guilty of professional or other misconduct, it shall refer the case to its 
Disciplinary Committee for disposal. 
(2) The State Council may, either of its own or on application made 
to it by any person interested, withdraw a proceeding pending before a 
Disciplinary Committee of the State Council and direct the enquiry to be 
made by any other Disciplinary Committee of the State Council. 
(3) The Disciplinary Committee of the State Council, after giving the 
law clerk concerned an opportunity of being heard, may make any of the 
following orders:— 
(a) dismiss the complaint or, where the proceeding was initiated 
at the instance of the State Council, direct that the proceeding 
be filed; 
(b) reprimand the law clerk; 
(c) suspend the law clerk for such period as the Disciplinary 
Committee may deem fit. 
(4) Where a law clerk is suspended from practice under clause (c) of 
sub-section (3), he shall have no right to practise during the period of 
suspension. 
21. The Disciplinary Committee of the State Council shall dispose of 
the complaint received by it expeditiously and in each case the proceeding 
shall be concluded within a period of one year from the date of initiation 
of the proceeding before the Disciplinary Committee of the State Council. 
22. In deciding any proceeding the Disciplinary Committee of the 
State Council shall make summary enquiry and take such evidence in such 
form as may be prescribed. 
Time-limit 
for disposal 
of 
complaint. 
Summary 
enquiry. 
23. (1) Any person aggrieved by an order of the Disciplinary Appeal. 
Committee of the State Council made under section 20 or by an order of 
the State Council to admit a person as law clerk may, within ninety days 
of the date of the communication of the order to him, prefer an appeal to 
the State Government. 
Conduct and 
discipline. 
91 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act 
Order to be 
entered in 
roll. 
Proceeding 
not to be 
invalid. 
(Chapter V—Conduct of law clerk.—Sections 24-27.) 
(2) The State Government shall form an Appellate Committee with 
persons who, for at least seven years, held a judicial post under the State 
Government or who, for at least seven years, have been practising 
advocate enrolled in the Bar Council of West Bengal constituted under 
section 3 of the Advocates Act, 1961. 
(3) Every such appeal shall be heard by the Appellate Committee 
which may dismiss the appeal and uphold the order or reverse or alter, in 
any manner, the decision of the Disciplinary Committee of the State 
Council, as the case maybe, and such decision of the Appellate Committee 
shall be final: 
Provided that the Appellate Committee shall not pass any order so as 
to prejudicially affect the person aggrieved without giving him a reasonable 
opportunity of being heard. 
24. The Appellate Committee shall also hear and dispose of any 
proceeding which a Disciplinary Committee of the State Council fails to 
dispose of within a period of one year under section 19. 
25. (1) On admission of an appeal, the Appellate Committee may, for 
sufficient cause, direct the stay of any order passed by the Disciplinary 
Committee of the State Council on such terms and conditions as it may 
deem fit. 
(2) On application made to it, the Disciplinary Committee of the State 
Council, after it passes the final order in any proceeding may, for sufficient 
cause, direct the stay of such order on such terms and conditions as it may 
deem fit. 
26. (1) All orders passed by the Disciplinary Committee of the State 
Council or the Appellate Committee punishing a law clerk shall be entered 
against his name in the roll and communicated to the Licensing Authority 
and the advocate to whom he is attached or engaged: 
Provided that where the name of a law clerk is removed from the roll, 
his name shall be struck off the roll. 
(2) Where any law clerk is suspended or removed from practice, the 
certificate granted to him under section 9 in respect of his enrolment shall 
be recalled. 
27. Notwithstanding the absence of any member other than the 
Chairman of a Disciplinary Committee of the State Council or the 
Appellate Committee on a day fixed for the hearing of a case before such 
Disposal of 
proceeding 
by Appellate 
Committee. 
Stay of 
order. 
25 of 1961. 
92 
The West Bengal Law Clerks Act, 1997. 
VI of 1997.] 
(Chapter V.—Conduct of law clerk—Section 28.—Chapter VI.— 
Miscellaneous.—Sections 29-31.) 
committee, the Disciplinary Committee of the State Council or the 
Appellate Committee, as the case maybe, if it so thinks fit, hold or continue 
the proceeding and no order made by the Disciplinary Committee of the 
State Council or the Appellate Committee in any such proceeding shall be 
invalid merely by reason of the absence of any such member thereof on any 
such date: 
Ben. Act III 
of 1913. 
Provided that no final order shall be made in any proceeding unless the 
Chairman and other members of the Disciplinary Committee of the State 
Council or the Appellate Committee, as the case may be, are present. 
28. The Disciplinary Committee of the State Council or the Appellate Realisation 
Committee may make such order as to the costs of any proceeding before of costs.  
it as it may deem fit and any person ordered to pay such costs shall be 
deemed to be a "certificate debtor" under the Bengal Public Demands 
Recovery Act, 1913, and shall be realised under the said Act. 
CHAPTER VI 
Miscellaneous 
29. Any person who acts as a law clerk, although he is not entitled to Penalty. 
act so under the provisions of this Act, shall be punishable with imprisonment 
for a term which may extend to six months. 
30. No suit or other legal proceeding shall lie against the State Council 
or any committee thereof or a member of the State Council or any 
committee thereof for any act which is in good faith done or intended to 
be done in pursuance of the provisions of this Act or of any rules made 
thereunder. 
31. (1) Where the State Council is unable to perform its functions for 
any reason whatsoever or mismanages its affairs, the State Government 
may, after making an enquiry and hearing the State Council supersede the 
State Council and appoint an Administrator to perform all or any of the 
duties and exercise all or any of the powers of the State Council for a period 
not exceeding six months: 
Provided that the Administrator shall complete the election of the State 
Council within four months from the date of his appointment in accordance 
with the provisions of this Act and the rules made thereunder: 
Protection of 
action taken 
in good 
faith. 
Supersession 
of State 
Council. 
93 
The West Bengal Law Clerks Act, 1997. 
[West Ben. Act VI of 1997.] 
(Chapter VL—Miscellaneous.--Section 32.—Chapter 
Temporary and transitory provisions.—Sections 33, 34.) 
Provided further that any person having the custody of funds or 
documents of the State Council shall within fifteen days from the date of 
appointment of the Administrator, make over all documents or funds in his 
custody or charge. 
(2) Any person who, having custody of documents or funds, fails to 
make over to the Administrator within fifteen days from the date of his 
appointment such documents or funds and any person who, on receipt of 
a requisition from the Administrator to make over documents or funds of 
the State Council, fails without sufficient cause to make over such 
documents or funds within fifteen days from the date of receipt of the 
requisition, shall be punished with imprisonment for a term which may 
extend to two years and with fine which may extend to two thousand 
rupees. 
Power to 	 32. The State Government may, unless otherwise required by this Act, 
make rules. 	 by notification in the Official Gazette, make rules for carrying out the 
purposes of this Act. 
CHAPTER VII 
Temporary and transitory provisions 
Transitory 
provisions. 
Removal of 
difficulties. 
33. (1) Notwithstanding anything contained in this Act, the first State 
Council shall be appointed by the State Government from amongst the law 
clerks who, on the date of appointment, are entitled to practise as law clerk 
at any place within West Bengal. 
(2) Notwithstanding anything contained in this Act, the term of office 
of the first State Council appointed by the State Government shall be two 
years from the date of the first meeting of the State Council: 
Provided that such members shall continue to hold office until the State 
Council is reconstituted in accordance with the provisions of this Act. 
34. (1) If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by order published in the Official Gazette, 
make such provisions, not inconsistent with the provisions of this Act, as 
appear to it to be necessary or expedient for removing the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from the date of publication of this Act in the Official Gazette. 
(2) Any order made under sub-section (1) may have retrospective 
effect from a date not earlier than the date of commencement of this Act. 
94 

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