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Union of India - Section

Section 27 in The Armed Forces Tribunal (Procedure) Rules, 2008

27. Registration of legal practitioner's clerk. —(1) No clerk employed by a legal practitioner shall act as such in the Tribunal or be permitted to have access to the records and obtain copies of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practice unless his name is entered in the Register of Clerks maintained by the said Bench. Such clerk shall be known as a “Registered Clerk”.

(2)No person shall be employed by a legal practitioner as his clerk unless such person has been a legal practitioner's clerk for three years, or is a qualified petition-writer or has passed the Graduation Examination of a recognized University: Provided that no such person shall by employed as a Clerk:—(i) if he has been declared a tout; or
(ii)if he is an undischarged insolvent; or
(iii)if he has been convicted for an offence involving moral turpitude; or
(iv)if he has been dismissed from the service of Government, unless he can show that his dismissal was not due to conduct showing him unfit to be legal practitioner's clerks, or
(v)if he is an ex-petition-writer, whose licence has been cancelled for corruption or for some other reasons involving dishonesty, or
(vi)if he is unfit to be a legal practitioner's clerk for any other sufficient reason.
Explanation .—“Tout” means a person who procures or attempts to procure for any consideration from any legal practitioner or from any person acting on his behalf, the employment of such legal practitioner in legal business, or who, for purposes of such procurement, frequents the precincts of the Tribunal.
(3)A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form III and pay a sum of one hundred rupees as one time Tribunal Fee. On such application being allowed by the Registrar, his name shall be entered in the Register of Clerks.
(4)The Registrar may, for reasons to be recorded in writing, declined to register any clerk, who in his opinion suffers from any disqualification specified in rule 27 or is otherwise unsuitable to be registered at such.
(5)The Registrar may, for reasons to be recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation.
(6)An appeal may be filed against the order of the Registrar made under sub-rules (4) and (5) within 30 days from the date of the order to the Chairperson or Vice-Chairperson.
(7)After registration of the clerk, the Registrar shall direct the issue of an identity card to him which shall be non-transferable and shall be produced by the holder upon request by an officer or other employees of the Tribunal authorised in this behalf. The identity card shall be issued under the signature of the Deputy Registrar of the Bench concerned.
(8)A register of all the clerks registered under sub-rule (2) shall be maintained in the office of the Registrar of each Bench.
(9)A legal practitioner shall have at a time not more than two registered clerks unless the Registrar by general or special order otherwise permits.
(10)Whenever a legal practitioner ceases to employ a registered clerk, he shall notify the fact at once to the Registrar by means of a letter enclosing therewith the identity card issued to his clerk by the Registry, and on receipt of such letter the name of the said registered clerk shall be struck off from the register.
(11)No legal practitioner shall employ as his clerk any person who is prohibited in the sub-rule (b) above. ___________
(1)Vide S.R.O. 26(E), dated 17th September, 2008, published in the Gazette of India, Extra., Pt. II, Sec. IV, dated 17th September, 2008.