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State of West Bengal - Section

Section 2 in The West Bengal Law Clerks Act, 1997

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;
(cc)[ "Licensing Authority" means an authority appointed by the State Government by notification in the Official Gazette for the purposes of this Act, and includes a licensing authority under any law for the time being in force, holding office as such on the date of commencement of this Act till the date of appointment of a Licensing Authority under this Act, and also includes such other authority or authorities as may be prescribed;] [Clause (cc) inserted by West Bengal Act 28 of 1997.]
(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.