Registration of law academy/law coaching class/law consultancy
suresh phadkule
(Querist) 29 November 2011
This query is : Resolved
No doubt, an advocate can take up teaching both legal and non-legal as per the provisions of the Advocate Act 1961, but my question is : whether he can start his law academy/law coaching class on his own? If yes, where to register the same? Also, can an advocate fashion name of his office as law consultancy, in view of the provisions of the Advocate Act to the effect that his name board/plate should be sober etc. Kindly give your expert opinions Ltd. sirs/madams.
Raj Kumar Makkad
(Expert) 29 November 2011
Teaching in Law Institute and Running of Law Institute are two different aspects. Advocate Act, 1961 permits only for teaching and not for running a commercial institute for earning money so former is not permitted.
So far as board or name plate is concerned, it is duly permitted and its size etc. is also mentioned in Rules appended to Act (supra).
Shonee Kapoor
(Expert) 29 November 2011
No reason to differ.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shailesh Kr. Shah
(Expert) 30 November 2011
Please go through following related provisions:-
CHAPTER III
Inspection, Recognition and Accreditation
14. Centres for Legal Education not to impart education without approval of
Bar Council of India
(1) No Centres of Legal Education shall admit any student and impart
instruction in a course of study in law for enrolment as an advocate unless the
recognition of the degree of the University or the affiliation of the Centres of
Legal Education, as the case may be, has been approved by the Bar Council of
India after inspection of the University or Centres of Legal Education institution
concerned as the case may be.
(2) An existing Centre of Legal Education shall not be competent to impart
instruction in a course of study in law for enrolment as an advocate if the
continuance of its affiliation is disapproved or revoked by the Bar Council of
India.
(3) Bar Council of India may suspend a Centre of Legal Education for such
violation for a period of not more than two academic years which shall be
notified.
15. Annual Notification for application to be filed by newly proposed
institutions:
(a) At the direction of the Legal Education Committee, the Secretary shall
notify each year prescribing the last date for submission of new application for
proposing new law courses in a University or a new affiliated Centre of Legal
Education under an existing recognized University but not later than December
31 of the previous academic year to which the new proposal is applied for. No
application received after that date can be considered for the academic year
under notification but can be considered for the subsequent year.
(b) On receipt of each application the Secretary shall submit his note after
ascertaining all relevant facts to the Chairman of the Bar Council of India who
may then instruct to refer the application to the inspection committee for
inspection and report. After receiving the report from the Inspection Committee,
the Secretary shall place the file before the Legal Education Committee for its
recommendation to the Bar Council of India for approval of the affiliated Centres
of Legal Education or recognition of the degree in law of the University as the
case may be.
(c) The Legal Education Committee may call for additional information from
the applicants as the Legal Education Committee may deem necessary.
Shailesh Kr. Shah
(Expert) 30 November 2011
16. Conditions for a University to affiliate a Centre of Legal Education
(1) When a University receives an application for affiliation of a Centre of
Legal Education to provide legal education by running professional degree program in law under either or both the streams, the University may before deciding whether it is fit case for seeking inspection from the Bar Council of
India, shall ensure that
(i) the applicant organization proposing to run the institution is either
already a non-profit organization of trust or registered society or a nonprofit
company or any other such legal entity or has taken all legal
formalities to be as such,
(ii) the institution has in its name either in freehold or leasehold, adequate
land and buildings, to provide for Centre of Legal Education building,
library, halls of residences separately for male and female and sports
complex both indoor and outdoor, so that it can effectively run
professional law courses provided that in case of leasehold the lease is
not less than ten years,
Provided that sufficient and adequate floor space area specially and
completely devoted for a Centre of Legal Education, based on the size of
its student population, faculty requirement, adequate space required for
infrastructure facilities can be considered sufficient accommodation for
the purpose in a multi-faculty building on land possessed by the
Management of a Society/ Trust running multi-faculty institutions.
(iii) recruited or taken steps to recruit adequate number of full time and
visiting faculty members to teach each subjects of studies, each faculty
having at least a Master Degree in the respective subject as required
under the UGC Rules,
(iv) there is the separate Centres of Legal Education for the study of law
under a separate Principal who should be qualified in Law to be a
Professor of Law as stipulated under UGC and Bar Council of India
rules,
(v) there is adequate space for reading in the library and there are required
number of books and journals and adequate number of computers and
computer terminals under a qualified librarian,
(vi) if the prior permission of the State Government is necessary, a no
objection certificate is obtained to apply for affiliation,
(vii) a minimum Capital Fund as may be required under Schedule III from
time to time by the Bar Council of India, and put into a Bank Account in
the name of the proposed Centre of Legal Education sponsored by any
private sponsor or sponsors, and
(viii) all other conditions of affiliation under the University rules as well as the
Bar Council of India Rules are complied with.
(2) After affiliation order is received from the University the Centres of Legal
Education may only then apply for inspection by the Bar Council of India.
17. When can University apply for inspection for constituent College or
University Department or Faculty
When a University proposes to run a professional degree course in law of
either or both streams in its Faculty or Department or in any of its constituent College it shall ensure the minimum standards of requirement as prescribed and
then shall in each proposal seek inspection by the team of inspection of the Bar Council of India by submission of application with all necessary information
within the stipulated date notified by the Bar Council of India every year, in
appropriate Form.
18. Inspection of a University
(1) A University seeking recognition of its degree in law for the purpose of
enrolment in the Bar, shall provide the inspecting committee of the Bar Council
of India all necessary facilities to examine the syllabus of the course designed,
teaching and learning process, evaluation system, infrastructure layout and other
necessary conditions in general and shall ensure in particular that all University
Departmental Centres, Faculty, Constituent and affiliated Centres of Legal
Education proposing to offer law courses under either or both the streams,
possess:
(i) Required infrastructural facilities outlined under the Bar Council of
India Rules;
(ii) Required number of teaching faculties as prescribed by the Bar Council
of India and the University Grants Commission;
(iii) Facilities for imparting practical legal education specified in the curriculum
under the Rules and Legal Aid Clinic, Court Training and Moot
Court exercises;
(iv) Adequate library, computer and technical facilities including on-line
library facility and
(v) In case of a Centre of Legal Education sponsored by private initiative of
a person there is a Capital Fund as required in the Schedule III by the Bar
Council of India from time to time, deposited in the Bank Account in the
name of the Centre of Legal Education concerned.
(2) For the above purpose the Inspection Committee of the Bar Council of
India shall have power to call for and examine all relevant documents, enquire
into all necessary information and physically visit and enquire at the location of
the Department, Faculty, Constituent and affiliated Centres of Legal Education
as the case may be.
Provided that an application for a new proposal for affiliation and the
related University inspection therefore by the Inspection Committee of the Bar
Council of India, including the local enquiry at the site of the proposed College
may be formally made directly by the authority of the proposed College (Faculty,
University Department, Constituent or Centres of Legal Education as the case
may be) in proper Form with required information and requisite fees provided
that an advance copy of the application must be submitted to the University
concerned, within the stipulated date as notified by the Bar Council of India.
19. Types of Inspection
Inspection shall mean inspection by the Inspection Committee of the Bar
Council of India as any one of the following:
(i) Initial inspection: Initial inspection shall mean inspection of the
University and inspection of the Bar Council of India for permitting a
new Centre of Legal Education;
Provided that if a Law University is established by an Act passed by the
Central or any State Legislature to run Law courses as specified and
mandated in the statute, such a University may commence and run
courses in the stipulated streams before any Initial Inspection. However
such a University would require regular inspection and the first
inspection shall be conducted within the first year of commencement of
the courses.
(ii) Regular Inspection: Regular Inspection means an inspection of a
University including all or any of its affiliated Centre of Legal Education
by the Bar Council of India conducted after the initial inspection at the
end of temporary approval, excepting a Law University established by a
Central or State Act, for granting a regular approval and thereafter at
least once in every five years unless the University / Centre of Legal
Education concerned has sought/inspected for accreditation.
(iii) Surprise inspection: Surprise inspection means inspection conducted by
University/Bar Council of India anytime without giving notice to the
Centre of Legal Education.
(iv) Inspection for accreditation: Inspection applied for by a Centre of Legal
Education possessing approval for the purpose of accreditation and
certification.
20. Inspection and Monitoring Committee
The Bar Council of India shall constitute one or more inspection and
monitoring Committee/s comprising at least two members of the Bar Council of
India to conduct inspection of newly established or existing Universities.
21 Inspection fees
The Bar Council of India may prescribe inspection fees to be charged from
time to time from each institutional applicants for the purpose of conducting
inspection
There may also be fees prescribed for inspection for providing accreditation
of an institution. Such fees are provided in the Schedule IV of these rules and
may be amended by Bar Council of India from time to time.
22. Inspection Report
The Committee shall inspect the University, examine the documents and
reports, visit the institution to assess the infrastructure, curriculum design,
teaching and learning process, library and technical facilities and the feasibility
of standard clinical education. The Committee shall then submit its report in the prescribed Form together with all relevant documents.
Members of the Committee shall physically inspect of the institution. The
report has to be signed by the members of the committee inspecting,appreciating the findings, documentary, and physical, in a meeting of the committee, provided that the member not physically inspecting the institution may not sign the inspection report but may appreciate the findings and put his/her opinion.
The Secretary shall place the Inspection Report immediately before the meeting of the Legal Education Committee for its decision.
Shailesh Kr. Shah
(Expert) 30 November 2011
23. Specific recommendation needed
(1) The Inspection committee while recommending approval of affiliation to
a new Centre of Legal Education should, inter alias, make a specific recommendation as to why such a Centre of Legal Education required at the
same place/area where the Centre of Legal Education is proposed to be started keeping in view the total number of existing Centres of Legal Education in the
place/area in particular and the State in general.
(2) The inspection committee will also keep in view the approximate population of the area where the Centre of Legal Education is proposed to be
started, number of Centre of Legal Education along with the total number of students therein, number of degree colleges as well as junior colleges in the area in particular and the State in general.
24. Adverse report
(a) In case of an adverse report received by the Secretary from the Inspection Committee he shall forthwith inform the Chairman of the Bar Council of India and on his instruction seek further clarification, if necessary.
(b)The Secretary shall cause a copy of the report to be sent to the Registrar of the University concerned and also to the Head of the Institution for further
comments and explanations, if any. Such comments and explanations on the report shall be sent by the Registrar of the University within a period of six
weeks from the date of the receipt of the communication.
(c) The Secretary shall cause the report and the comments/explanation of Registrar of the University and the head of the institution concerned to be placed before the next meeting of the Legal Education Committee of the Bar Council of India for its consideration.
25. Recommendation of the Legal Education Committee
The Legal Education Committee after reviewing the report and all other explanation, documents and representation, in person or in writing and in the
interest of maintaining the standard of legal education in view under the rules recommend appropriate action to be taken on each such report to the Bar Council of India.
In case of withdrawal or revocation of approval of an institution it shall effective from the commencement of the next academic year following the date on which the communication is received by the Registrar of the University.
26. Approval
The Bar Council of India on the recommendation of the Legal Education Committee shall instruct the Secretary to send a letter of approval of any one of
the following type to the Head of the Institution as well as to the Registrar of the University:
(a) Temporary approval: On the Initial inspection report or Regular Inspection report the Legal Education Committee may recommend a temporary approval for not more than a period of three years to a newly proposed institution in the event the institution has facilities enough to commence the teaching program on such conditions as the Legal
Education Committee may prescribe.
(b) Regular approval: A regular approval may be recommended for not more than a period of five years when an institution fulfills all standard set norms and has the capability of maintaining such standard
continuously. Such regular approval shall entitle such institution to seek accreditation from the Bar Council of India who can do the same either
of its own according to rules of accreditation or may cause it done by the National Assessment and Accreditation Council.
27. Revocation of approval
The Bar Council of India may revoke the grant of a temporary or regular approval if the conditions on which the permission was granted are not
substantially fulfilled. A regular permission may be cancelled on an adverse report of inspection.
Provided that in case of revocation of a temporary or regular approval, the Centre of Legal Education authority and the respective University shall be
provided with an opportunity of hearing and rectifying the shortcomings within such time as the Legal Education Committee may prescribe. In the event of failure to rectify the shortcomings in the opinion of the Legal Education Committee within the stipulated time, the Legal Education Committee shall
recommend revocation of approval to the Bar Council of India.
Provided further that in case of revocation or cancellation of approval, as the case may be, proper provisions have to be made for the students who are already enrolled for a law course during the time when the approval was valid either by
allowing the Centre to complete the course with those who are already enrolled or direct the University concerned, if such continuance is not in the interest of professional legal education, to make alternative arrangement for those students
in near by Centres of Legal Education under the University.
28. Accreditation system
There shall be an accreditation and performance rating system for any
institution having regular approval, based on State and/or National level gradation. Such performance grade may be used in all letter head, sign board,
literature and publications, including prospectus and franchise materials of the
institution.
The accreditation of performance once obtained shall remain valid for a
period of five years.
29. Accreditation Committee
The Legal Education Committee shall form an Accreditation Committee with
at least one member, Bar Council of India and one academician who shall
provide credit rating of the Universities and the law teaching institutions
subjecting to this voluntary accredition, which would also be published and put
into the website of the Bar Council of India for public information. The Legal
Education Committee determine the norms of accreditation from time to time.
The period of Accreditation Committee will be two years.
30. Application for accreditation
An application in hard and soft copy may be made to the Bar Council of
India in the specification specified in Schedule IX depositing the fee by a bank
draft as prescribed from time to time, in the name of the Bar Council of India
within the notified date but not later than 31st July of each year.
31. Rules for accreditation
The Legal Education Committee may determine the norms of accreditation
from time to time in addition to or in supplementation of the following:
(i) The accreditation and certification shall be made either directly by the
Accreditation Committee of the Bar Council of India based on the
analytical tools of credit rating system as far as adaptable or the Bar Council of India may cause it done through National Assessment and Accreditation Council based on the analysis made by NAAC.
(ii) Once the accreditation is done it shall remain valid for a period of five
years from the date the certification is communicated to the institution concerned.
(iii) The performance analysis shall have three components, academic, administration and financial.
(iv) The study for determining performance rate shall be based on previous five years’ data, current contents of the program and the future projection made on the basis of data analysis.
(v) The Accreditation Committee shall require complete disclosure of
performance records, accounting and financial records and procedures
of human and other asset management of the institution.
(vi) In so far as the academic part is concerned the following data would
form basis of study:
(a) faculty student ratio (b) system of detail curriculum development and
teaching practice sessions (c) number of working days annually
(d) number of working days lost with reasons (e) qualification of the
faculty (f) class performances of the students and class records (g) system
of clinical program and internship (h) evaluation system and record
keeping (ix) student-computer ratio (i) on line library facility (j) capital
investment of the institution per student (k) library investment per
student (l) residential facility (m) outside the class hour of the faculty
advice and interaction per student (n) career counseling opportunities (o)
quality of the body of alumni (p) publication by faculty and students in
journals (q) laboratory and moot court room exercise facilities (r) per
student procurement of books and journals (s) class room environment
(t) status of Free Legal Aid centre and legal literacy program run by the
Centre of Legal Education and (u) any other information needed by the
committee.
(vii) The financial performance data shall depend upon the previous five
years annual accounts, annual reports, annual budget, fund raised,
financial asset management and deployment, future plan, asset structure
and any other financial information as may be required.
(viii) The administrative performance would be assessed on the basis on
composition of the management body, observance of regulatory rules,
administrative staff ratio, working days loss and any other information
that may be required for ascertain the management QC.
(ix) The study shall be based on (a) records, (b) visit, inspection and dialogue
of the committee with the management, staff, students and the faculty.
(x The committee may visit the institution after providing notice or without
and can visit if required, more than once.
(xi) Data based analysis shall be communicated to the institution before
rating begins for further observation and supplementary information, if
required.
32. Obligation of the institution to facilitate free and fair enquiry
The institution shall provide all information required and all copies of documents and facilities to the accreditation committee. Facility has to be provided so that the committee may meet management, faculty members, staff
and the students and record their comments, if needed.
33. Anti Ragging Measures
Every University / Centre of Legal Education shall take appropriate
measures to prevent ragging in any form with a standing Committee appointed for the purpose from among faculty and student representation.
In case of occurrence of any incident of ragging the violator shall be dealt with very seriously and appropriate stringent action be taken.
So, you can Start law academy for the purpose as mentioned in rule 14(1), after following above procedure.After surrender sanad to bar council.
Moreover, No body can start such type law academy(supra) without following above mentioned rules.
Wish you all the best. Don't forgot to invite me on opening ceremony.
Advocate Rajkumarlaxman
(Expert) 30 November 2011
I just like to correct Makkad Sir that it is later that cannot be done may be a typograhical error, i suppose. but his answer is very correct except the fact that the later i.e. imparting education by way of law academy/classes is not permissible..
Teaching in Law Institute and Running of Law Institute are two different aspects. Advocate Act, 1961 permits only for teaching and not for running a commercial institute for earning money so former[later ] is not permitted. former in the sense teaching in law institute is permitted.
So far as board or name plate is concerned, it is duly permitted and its size etc. is also mentioned in Rules appended to Act (supra).
prabhakar singh
(Expert) 02 December 2011
Nothing remains to be said after such a detail reply of Mr.Shah.
suresh phadkule
(Querist) 03 December 2011
Thanks Sirs, but Sirs, we see in cities law coaching classes run by eminent lawyers. Also, Bar Council of Maharashtra & Goa Rules provide to the effect that an advocate can coach pupils for exams, can teach subjects both legal and non legal subject to the rule against advertising and full time employment. Therefore, I feel that an advocate can start coaching class or at least take private tuitions outside the court hours. Consider this and kindly give expert advice.
