MOST
IMMEDIATE
F.No.A-60011/70/2010-Admn.III
(LA)
Government
of India
Ministry
of Law and Justice
Department
of Legal Affairs
Admn.III
(LA) Section
****
Sub:- Draft for ‘ Legal Practitioners (Regulations
and Maintenance of Standards in Professions, Protecting the Interest of Clients
and Promoting the Rule of Law) Act,
2010’ on the website – request for suggestions – reg.
*****
With
reference to the above cited subject, it is informed that “ Legal Practitioners
(Regulations and Maintenance of Standards in Professions, Protecting the
Interest of Clients and Promoting the Rule of Law), Act,2010” is proposed for
establishment of Legal Services Board on the lines of the Legal Services Board
in U.K. suiting the Indian situation. A copy of the proposed Act is available
on the website of Ministry of Law and Justice.
Comments are invited from all
the Stake Holders (Public in general/Legal Fraternity/Educationalist etc.) on
the aforementioned proposal.
Any other suggestions regarding
amendments in the proposed Act may also be sent within 30 days. The comments
can be sent to the undersigned.
Sd/-
[M.A.Khan Yusufi]
Joint
Secretary & Legal Adviser
Tel. No. 23385383
Room No.406- A. Wing, Shastri Bhawan
New
Delhi-110001.
Legal Practitioners (Regulation and Maintenance of Standards in
Profession, Protecting the Interest of Clients and Promoting the Rule of Law)
Bill, 2010.
A
Bill for the establishment of the Legal Services Board and in respect of its
functions; to make provision for, and in connection with, the regulation of
persons who carry out the activities of legal practitioners; to make provisions
for the establishment of an ombudsman for complaints against the
professionals and for a scheme to
consider and determine complaints against the legal practitioners; to make
provision in respect of providing legal services free of charge and for
connected purposes.
Be it enacted by the Parliament in the 60 year of the Republic of
India, as follows: -
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.—This Act may be called The Legal
Practitioners (Regulation and Maintenance of Standards in Profession Protecting
the Interest of Clients and Promoting the Rule of Law) Act, 2010.
(2) It extends to
the whole of India, except the State of Jammu and Kashmir.
(3) It shall come
into force on such date as the Central Government may, by notification,
appoint; and different dates may be appointed for different provisions of this
Act and for different States, and any reference to commencement in any provision
of this Act in relation to any State shall be construed as a reference to the
commencement of that provision in that State.
2.
Definitions.—In this Act, unless the context otherwise requires, –
(a) “Board” means Legal Services Board constituted under this Act.
(b) “Clients” means the clients of the Legal Professionals who
engaged such Legal Professionals by executing a vakalatnama / letter of
authority, by whatever name it may be known.
(c) “Consumer of Legal Profession” includes the clients of legal
professionals and anyone who might have recourse to legal services because of a legal issue and those who are
using or are may be contemplating using services provided by the legal
professionals in relation to the legal services arising out of a legal issue.
(d) “Legal Professionals” means the Advocates as defined in the
Advocates Act, 1961 and includes the qualified lawyers engaged in legal
practice confined to their chamber, engaged in drafting and conveyancing,
practitioner of income tax and sale tax and those appearing before the relevant
authorities, giving advise to the clients for a fee, gain or reward in the
areas of customs, immigrations, trademark and patent services and all other
professional services where legal issues are involved;
(e) “Ombudsman” means the Ombudsman appointed under this Act for
redressing the grievances of the clients and consumers of Legal Professionals.
(f) “Professional Principles” include –
(i) that the
Legal Professionals should act with independence and integrity;
(ii) that the
Legal Professionals should maintain proper standards of work;
(iii) that
the Legal Professionals should act in the best interest of their clients;
(iv) that the
Legal Professionals who are authorise to appear before a court or tribunal, by
virtue of being such authorisation should comply with their duty to the court /
tribunal to act with independence in the interest of justice;
(v) that the
affairs of clients should be kept confidential.
(g) “Prescribed” means
prescribed by rules made under this Act.
(2) Any reference in this Act to any other
enactment or any provision thereof shall, in relation to an area in which such
enactment or provision is not in force, be construed as a reference to the
corresponding law or the relevant provision of the corresponding law, if any,
in force in that area.
CHAPTER II
THE REGULATORY OBJECTIVES
3.The
Regulatory objectives. – (1) In this Act a reference to “the regulatory objectives” is
a reference to the objectives of—
(a)protecting and promoting the public interest;
(b)supporting the constitutional principle of the rule of law;
(c)improving access to justice;
(d)protecting and promoting the interests of the clients of the
legal practitioners;
(e)promoting healthy competition amongst the legal practitioners
for improving the quality of service;
(f)encouraging an independent, strong, diverse and effective legal
profession with ethical obligations and with a strong sense of duty towards the
courts and tribunals where they appear;
(g)creating legal awareness
amongst the general public and to make the consumers of the legal profession
well informed of their legal rights and duties;
(h)promoting and maintaining adherence to the professional
principles.
CHAPTER III
LEGAL SERVICES BOARD
PART – 1
4. Constitution of Legal Services Board. –
(1) The Central Government shall constitute a body to be called the Legal
Services Board to exercise the powers and perform the functions conferred on,
or assigned to it under this Act.
(2) The Legal
Services Board shall consist of –
(a) a Chairman appointed by
the President of India in consultation with the Chief Justice of India and the
Chairman of the Bar Council of India.
(b) a
Member-Secretary appointed by the Central Government in consultation with the
Chief Justice of India and the Chairman of the Bar Council of India possessing
such experience and qualifications, as may be prescribed by the Central
Government, to exercise such powers and perform such duties under the Chairman
of the Legal Services Board.
(c) such number of
other members, possessing such experience and qualifications, as may be
prescribed by the Central Government, to be nominated by the Government in
consultation with the Chief Justice of India and Chairman of the Bar Council of
India. Out of these five members shall
be the Chairmen of the State Bar Councils, representing the Northern, Southern,
Western, Eastern and North-Eastern regions of the country.
(3) The Chairman of
the Legal Services Board shall not, during the appointment carry on any
activity relating to practice of law for or in expectation of any fee, gain or
reward.
(4) While appointing
members of the Legal Services Board, other than from the category of Chairman
of the State Bar Councils, regard shall be had such members have experience or
knowledge of in the field of –
(a) a legal professional; or
(b) imparting of legal education; or
(c) consumer affairs; or
(d) having been a Judge of the High Court;
or
(e) experienced in competition law; or
(f) had been the member of a grievance
redressal body at the National level or State level; or
(5) The terms of
office and other conditions relating thereto, of Chairman, Member-Secretary and
other members shall be such as may be prescribed by the Central Government in
consultation with the Chief Justice of India and the Chairman of the Bar
Council of India.
(6) The Legal
Services Board may appoint such number of other employees as may be prescribed
by the Central Government, in consultation with the Chief Justice of India and
the Chairman of the Bar Council of India, for the efficient discharge of its
function under this Act.
(7) The officers and
other employees of the Legal Services Board shall be entitled to such salary
and allowances and shall be subject to such other conditions of service as may
be prescribed by the Central Government in consultation with the Chief Justice
of India and Chairman of the Bar Council of India.
(8) The
administrative expenses of the Legal Services Board including the salaries,
allowances and pensions payable to the Chairman, Member-Secretary, Officers and
other employees of the Legal Services Board shall be defrayed out of the
Consolidated Fund of India.
(9) All orders and
decisions of the Legal Services Board shall be authenticated by the Member-Secretary,
members or other officers of the Legal Services Board duly authorized by the
Chairman of the Board.
(10) No act or
proceeding of the Central Authority shall be invalid merely on the ground of
the existence of any vacancy in, or any defect in the constitution, of the
Legal Services Board.
5.
Arrangements for Assistance. – (1) The Board may make
arrangements with such persons as it considers appropriate for assistance to be
provided to it.
(2) Arrangements may
include the paying of fees of such persons.
6.
Committees. – (1) The Board may establish committees.
(2) Any committee so established may establish sub-committees.
(3) Only members of the Board may be members of a committee or
subcommittee.
7.
Proceedings. – (1) The Board may regulate its own procedure, and the procedure
of its committees and sub-committees.
(2) The quorum of a committee or sub-committee must not be less
than 3.
(3) The Board shall publish any rules of procedure made under this
Section.
8.
Quorum for the Meetings of the Board. – (1) Quorum for the meetings of
the Board shall be 3.
(2) The Member-Secretary is entitled to participate in the
meetings with a right to vote.
(3) In case of a division the Chairman of the Board may exercise
his casting vote.
9.
Delegation of Function. – (1) The Board may authorise –
(a) the Chairman, the Member-Secretary or
any other Member of the Board;
(b) a Committee or sub-committee of the
Board; or
(c) a member of staff appointed by the
Board, to exercise on behalf of the Board, such of its functions, in such
circumstances as it may determine.
10.
Accounts. – (1) The Board must –
(a) keep proper accounts and proper
records in relation to the accounts; and
(b) prepare in respect of each financial
year a statement of accounts including the income and expenditure account and a
balance sheet in such forum and in such manner as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor General.
(2) The accounts of
the Board shall be audited by the Comptroller and Auditor General of India at
such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Board concerned to the
Comptroller and Auditor General of India.
11.
Levy of Contribution from the Members of Legal Profession.
– (1) The State Bar Councils Bar Council of India and the Legal Services Board
as the case may be, shall levy an amount not exceeding Rs.25/- from the Legal
Professionals by insisting an affixing adhesive stamps on the vakalatnama /
letter of authorisation filed by the Legal Professionals in the Courts
/Tribunals or the institutions / officers where they represent their client in
the capacity of a legal professional.
(2) The Board shall
from time to time by notification fix the rate of such contributions.
12.
Board’s Power for Issuing Schemes & Guidelines to Promote the Regulatory
Objectives. – (1) In discharging its functions for promoting the regulatory
objectives, the Board may issue guidelines or schemes.
(2) The guidelines
and regulations shall be made in a way –
(a) which is compatible with the
regulatory objectives; and
(b) which the Board considers most
appropriate for the purpose of meeting those objectives; and
(c) The Board must have regard to the
principles under which the legal professional activities should be transparent,
accountable, proportionate, consistent and targeted only at cases in which
action is needed; and
(d) any other principle appearing to it to
represent the best legal professional practice.
13.
Standards of Regulation, Education and Training.
– (1) Notwithstanding anything contained in the Advocates Act, 1961 the
Board must assist in the maintenance and
development of standards in relation to –
(a) the regulation approved by the Bar
Council of India in relation to the activities of the advocates; and
(b) the education and training of the
legal professionals.
14.
Supplementary Powers. – (1) The Board may do anything calculated to facilitate, or
incidental or conducive to, the carrying out of any of its functions.
15.
Annual Report. – (1) The Board shall prepare an Annual Report dealing with the
discharge of Board’s functions, the extent to which the Board has met the
regulatory objectives and such other matters as the Central Government may from
time to time direct.
(2) A copy of the
Annual Report shall be laid before both houses of Parliament.
PART – II
CONSUMER PANEL
16.
Consumer Panel. – (1) The Board shall establish and maintain a panel of persons
to be known as “the Consumer Panel” to represent the interests of consumers and
the clients of the legal professionals.
(2) The consumer
panel shall consist of such consumers or persons representing the interest of
consumers as the Board may appoint with the approval of the Central
Government. The Board may appoint one of
the members of the consumer panel to be the Chairman of the panel. The consumer panel shall have a fair degree
of representation of both the consumers / clients of the legal professionals
and those who are using or may be contemplating using the services of the legal
professionals as consumers / clients.
(3) The consumer
panel shall not include –
(a) a member of the Board or its staff;
(b) an Ombudsman for legal complaints or
of the staff of such Ombudsman;
(c) a member of the government body or of
the staff of State Bar Council / Bar Council of India; or
(d) legal professionals.
(4) The term of
office and mode of removal of the Chairman and members of the consumer panel
shall be similar to those of Chairman, Member-Secretary and Member of the
Board.
17.
Procedure of the Consumer Panel. – (1) The consumer panel may
make such arrangements for regulating its own procedure, as it thinks fit for
relating its procedure.
(2) The consumer
panel may establish committees or sub-committees.
(3) If the services
of any other person is availed of by the consumer panel or its committee, the
Board may pay to that person such remuneration and expenses as the Board may
determine.
18.
Representations made by the Consumer Panel. – (1)
Representations made by the consumer panel shall be considered by the Board.
(2) If the Board
disagrees with the views expressed, or proposal made, in the representations,
it must give the consumer panel a notice to that effect stating its reasons for
such disagreeing.
(3) The consumer
panel may publish such information as it thinks fit about any representations
made by it to the Board.
(4) The Board must
publish any notice it gives under sub-section (2) in respect of those representations.
19.
Advice and Research Functions of the Consumer Panel.
– (1) The consumer panel may, at the request of the Board –
(a) carry out
research for the Board;
(b) give
advice to the Board;
(c) publish
such information as it thinks fit about the advice it gives and about the
results of research carried out by it.
(2) The Board shall
consider any advices given and results of any research carried out under this
section.
(3) All expenditures in relation to the consumer panel shall be
borne by the Board.
PART III
OMBUDSMAN
20.
Ombudsman. – (1) The Board may appoint a Chief-Ombudsman at its office and
Ombudsmen for each States for dealing with the complaints against the legal
professionals at the State level.
(2) The State
Governments shall provide the requisite staff and infrastructural facilities
for running the office of the Ombudsman in each States.
21.
Qualification and Selection of Ombudsman. – (1) No persons shall be
appointed as Chief Ombudsman unless he has held the post of a Judge of the High
Court.
(2) The Ombudsman for the State shall have held the post of a
District Judge.
(3) The Ombudsman shall be selected by in consultation with the
Chief Justice of the State High Court and the Chairman of the State Bar
Council.
(4) The Ombudsman
shall hold office for a term of five years and shall not be eligible for
re-appointment.
(5) The Ombudsman
may resign his office at any time by writing under his hand and address to the
Chairman of the Board.
(6) The Ombudsman
may be removed from his office in accordance of the provisions relating to the
removal of the Chairman, Member-Secretary and members of the Board.
22.
Procedure Before the Ombudsman. – (1) On receipt of a complaint
relating to a legal professional, the Ombudsman shall issue notice to the legal
professional concerned and also to the complainant and shall fix a date for
inquiry into the complaint.
(2) The Ombudsman
shall examine the documents and the witnesses, if any, on both sides and shall
prepare his findings after hearing both sides.
(3) The report of
the Ombudsman shall be forwarded to the Disciplinary Committee of the Bar
Council of the State with a copy to the Board.
(4) The report of
the Ombudsman shall contain his own findings about the allegations against the
Legal Professional and the proposals for taking necessary action.
(5) The report of
the Ombudsman shall be published in the manner prescribed by the Rules.
(6) The Disciplinary
Committee of the Bar Council of the State shall consider the report of the
Ombudsman and if such report is not accepted by the Bar Council reasons thereof
shall be recorded in writing and such reasons shall be published in the manner
prescribed by Rules with sufficient justification.
(7) The reasons for
rejection of the recommendation of Ombudsman shall be explained in detail which
it is so published.
23.
Status of Ombudsman. – (1) The
Ombudsman and the employees of his, shall be deemed to be public servants
within the meaning of Section 21 of Indian Penal Code (45 of 1860).
PART IV
STATUS OF THE BOARD
24.
Status.—(1) The Board is not to be regarded –
(a) as a
subordinate to any Government Department or as the agent of the Government; or
(b) as
enjoying ay status, immunity or privilege as provided by any other law.
(2) The Board shall
be entitled to hold and purchase movable and immovable properties for its
efficient functioning and shall have a body incorporate having a perpetual
succession with a common seal.
25.
Disqualification. – (1) The President of India or the Central Government as the
case may be may remove, Chairman or Member-Secretary or members from office who
–
(a) has been adjudged as insolvent; or
(b) has been convicted of an office which,
in the opinion of the President of India or the Central Government as the case
may be, involved in moral turpitude; or
(c) has become physically or mentally
incapable of acting as such Chairman, Member-Secretary or members; or
(d) has acquired such financial or other
interest as is likely to affect prejudicially his functions as Chairman or
Member-Secretary or members; or
(e) has or so abused his position as to
render his continuance in office prejudicial to the public interest;
Provided that
the Chairman, Member-Secretary or members shall not be removed from his office
on the grounds specified in clauses (d) and (e), except on inquiry held in
accordance with the procedure prescribed.
26.
Procedure for Inquiry. – (1) Whenever the President of India or the Central Government
is of the opinion that an allegation under clauses (d) or (e) of Section 19 is
required to be inquired, they may hold an inquiry conducted by sitting judge of
the High Court.
(2) A copy of the
inquiry report along with a copy of the allegations and a list of documents and
witnesses shall be delivered or cause to be delivered to the Chairman,
Member-Secretary or member against whom such inquiry was conducted and shall
require him to submit within such time as may be allowed, a written reply or
statement of his defence.
(3) If the
allegations are admitted by the Chairman, Member-Secretary or members, the
President or Central Government as the case ay be, record reasons and remove
such person.
(4) Where the
charges have been denied by the Chairman, Member-Secretary or member, the
President of India or the Central Government as the case may be, appoint a
sitting or retried judge of the Supreme Court of India to inquire into the
truth of the allegation. A Presenting
Officer may be appointed to present the case on behalf of the President of
Indian or as the case may be, Central Government before the judge so appointed.
(5) The Inquiring
Judge shall give opportunity to the Presenting Officer to present the case and
to examine witnesses and to present evidence, if any. Thereafter the Chairman, Member-Secretary or
member shall be given opportunity to present his defence.
(6) The Inquiring
Judge shall have power to call witnesses and record their statements or receive
evidence on affidavits or call for production of documents or other relevant
records, which may be necessary for the inquiry.
(7) Inquiring Judge
may submit his report within a period of six months or within such time as may
be extended by the President of India, as the case may be, by the Central
Government.
(8) If the President
of India or, as the case may be, Central Government is satisfied that the
charges are proved on the basis of the report submitted by the Inquiry Judge,
the delinquent Chairman, Member-Secretary or member, as the case may be, shall
be removed.
CHAPTER IV
LEGAL AID TO THE FINANCIALLY
WEAKER CONSUMERS.
PART – I
27.
Free Legal Services to the Financially Weaker Consumers / Clients.
– (1) Every Legal Practitioner shall be duty bound to give free legal services
to the financially weaker consumers/clients who fall just above the income
levels prescribed under Section 12(h) of the Legal Services Authorities Act,
1987.
28.
The Duty of Legal Professionals to provide honest and true legal advice to the
consumers/clients. – (1) Every legal
professional shall provide full information regarding the legal position to
consumer / client relating his case. The
services of the legal professional shall be in such a manner as to give an
opportunity to the consumer / client to make informed choices about the
quality, access and value of the legal services he requires.
PART –II
RELATIONSHIP BETWEEN THE LEGAL SERVICES BOARD WITH THE BAR
COUNCILS.
29.
Legal Services Board and the Bar Councils. – (1) The
Legal Services Board shall have full authority to deal with the regulatory
objectives in this Act and the Bar Council of India and State Bar Councils
shall continue to exercise the functions assigned to them by Advocates Act,
1961.
(2) The directions
of the Legal Services Board relating to the regulatory objectives of this act
shall be the guiding principles in so far as functioning, performance and
professional principles to be followed by all legal professionals.
(3) In discharging
its regulatory functions assigned by the Advocate Act, 1961, the Bar Council of
India and the State Bar Councils shall comply with the requirements of the
regulatory objectives in this act.
(4) The Bar Council
of India and State Bar council, shall, so far as is reasonably practicable, act
in a way –
(a) which is compatible with the
regulatory objectives, and
(b) which the Bar Councils consider most
appropriate for the purpose of meeting those objectives.
30.
Directions. – (1) This section
applies if the Board is satisfied –
(a) that an act or omission of the Bar
Councils has and, or is likely to have an adverse impact on one or more of the
regulatory objectives, and
(b) that the Bar Council has failed to
comply with any requirement imposed on it by or under this Act or any other
enactment; and
(c) that the Bar Council –
(i) has failed to ensure that the exercise
of its regulatory functions is not prejudiced
by any of its other functions, or
(ii) has failed to ensure that decisions
relating to the exercise of its regulatory functions are, so far as reasonably
practicable, taken independently from decisions relating to the exercise of its
representative functions.
(2) If, in all the
circumstances of the case, the Board is satisfied that it is appropriate to do
so, it may direct the Bar Council to take—
(a) in a case within
subsection (1)(a), such steps as the Board considers will counter the adverse
impact, mitigate its effect or prevent its occurrence or recurrence;
(b) in a case within subsection (1) (b) or (c), such steps as the
Board considers will remedy the failure, mitigate its effect or prevent its
recurrence.
(3) In a case within
subsection (1)(a), before giving a direction under subsection (2) the Board
must in particular consider the impact of giving the direction on the other regulatory objectives.
(4)
A direction under subsection (2)—
(a) may only require
the Bar Council to take steps which it has power to take;
(b) may require a
Bar Council to take steps with a view to the modification of any part of its
regulatory arrangements.
(5) The Board may
not exercise its powers under this section so as to give a direction requiring
a Bar Council to take steps in respect of a specific disciplinary case or other
specific regulatory proceedings (as opposed to all, or a specified class of,
such cases or proceedings).
(6) For the purposes of this section a direction to take steps
includes a direction which requires a Bar Council to refrain from taking a
particular course of action.
(7) The power to give a direction under this section is subject to
any provision made by or under any other enactment.
(8) The Board may take such steps as it regards as appropriate to
monitor the extent to which a direction under this section is being, or has
been, complied with.
(9) Where the Board revokes a direction under this section, it
must—
(a) give the Bar
Council to which the direction was given notice of the revocation, and
(b) publish that notice.
31.
Enforcement of Directions. – (1) If the Bar council failed
to comply with a direction given under section 30, the Board may make an
application to the High Court under this section.
(2) On an application under sub-section (1) of this Section, if
the High Court decides that the Bar Council has failed to comply with the
direction in question, it may order the Bar Council to take such steps as the
High Court directs for securing that the direction is complied with.
32. Public Censure.
– (1) If the Board is satisfied—
(a) that an act or omission of the Bar Council has had, or is
likely to have, an adverse impact on one or more of the regulatory objectives,
and
(b) that it is appropriate to act under this section in all the
circumstances of the case.
(2) The Board may publish a statement censuring the Bar Council
for the act or omission.
(3) Before publishing a statement of censure the Board shall give
notice to the Bar Council that it intends to publish such a statement and
setting out the terms of the proposed statement indicating the acts or
omissions of the Bar Council.
(4) The notice under Section (3) shall specify that the Bar
Council has 30 days time before the expiry of which the representations with
respect to the proposed statement of censure may be made. (5) Before publishing the statement the Board
must consider any representations which are duly made.
(6) The above procedure shall be followed in the case of any
variations proposed to be made in the statement of censure.
33.
Intervention Directions. – (1) The Board has power to
issue directions by way of interventions in relation to any of the functions of
the Bar Councils. If the circumstances mentioned in sub-section (1) of Section
32 appear in relation to such functions.
(2) If the Bar
Council does not obey such directions of interventional nature, the Board may
approach the High court for orders for implementation of such directions by the
Bar Council.
34.
Revocation of Directions. – (1) The Board may revoke at any time the
directions or intervention directions issued to the Bar Council.
CHAPTER V
THE BOARD’S POWER TO REGULATE THE LEGAL PROFESSIONALS OTHER THAN
THOSE COVERED BY THE ADVOCATES ACT, 1961
35.
Board Powers to Function as Regulator. – (1) Until competent regulatory
bodies are established by the Central Government or State Government as the
case may be, the Legal Services Board shall function as the regulator for the
regulatory objectives under this act for legal professionals other than those
covered by the Advocates Act, 1961 as enumerated in Schedule I.
(2) The Central
Government or the State Government as the case may be appoint or designate
regulatory with powers of granting licence to such legal professionals.
(3) The Central
Government may by notification add or delete any profession in Schedule-I.
36.
The Board may encourage multi-disciplinary services for the Legal
Professionals. – (1) In order to make the
services of the legal professionals to
be more holistic and effective, the Legal Services Board shall encourage the
legal professionals to join hands with other disciplines and professions to
give comprehensive services to the clients or consumers.
CHAPTER VI
MISCELLANEOUS
37. Act to have overriding effect.
– (1) The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any
other law for the time being in force in any instrument having effect by virtue
of any law other than this Act.
38.
Power to remove difficulties. – (1) If any difficulty arises in
giving effect to the provisions of this Act, the Central 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 on which this Act receives the assent of the President.
(2) Every order made
under this section shall, as soon as may be after it is made, be laid before
each House of Parliament.
39.
Power of Central Government to make rules. – (1) The
Central Government in consultation with the Chief Justice of India may, by
notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely: -
(a) the experience and qualifications of
the Member-Secretary of the Board;
(b) the condition of service and the
salary of the Chairman, Member-Secretary and members of the Board and the
Ombudsman;
(c) the number of officers and other
employees of the Legal Services Board and the Chief Ombudsman and other
Ombudsman in the States;
(d) any other matter which is to be, or
may be prescribed.
40.
Laying of rules and regulations. – (1) Every rule made under this
Act by the Central Government shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total
period of 30 days which may be comprised in one session, or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive session aforesaid, or both Houses agree
in making any modification in the rule, or both House agree that the rule or
regulation should not be made, the rule or regulation shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule or regulation.
SCHEDULE – I
(See Section 35)
1.
Qualified lawyers who are not practicing advocates, doing legal
services in their Chambers.
2.
Qualified lawyers engaged in drafting and conveyancing.
3.
Income-Tax Practitioners.
4.
Sales-Tax Practitioners.
5.
Practitioners in Revenue Courts.
6.
Customs clearance agents.
7.
Customs and Immigration Law Practitioners.
8.
Trademark attorneys / lawyers.
9.
Patent attorneys / lawyers.
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