Section 16 in The West Bengal Law Clerks Act, 1997
16. Suspension or cancellation of licence.
(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 subsection shall be deemed to be administrative, and not judicial, proceeding.(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 be itself result in suspension, or removal of name from the register, and cancellation of licence, of the law clerk, of removal of his name as 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.
