Case Note & Summary
The petitioner, an association representing persons holding licences to scribe documents under the U.P. Document Writers Licence Rules, 1977, challenged the vires of Rule 6(2) of the Rules by way of special leave petition before the Supreme Court. Rule 6(2) provided that nothing in sub-rule (1) shall apply where the writer of such document is one of the parties thereto or is a pleader engaged by the parties for drawing up the documents. The petitioner contended that Rule 5 prescribed qualifications for granting licence, Rule 4 (referred as Rule A in text) prescribed the number of document writers, Rule 10 prescribed the charging of fee and Rule 8 prescribed the period of licence; a conjoint reading of these rules envisaged document writers as a class. It argued that exclusion of advocates from the purview of the provisions of the Registration Act was ultra vires the power of Inspector General of Registrations under Section 69(hhh) of the Registration Act, 1908 as amended by the State Legislature. The Court found no force in the contention. Section 69(hhh) empowers the State to make rules providing for the grant of licences to document writers, the suspension or revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by such document writers of documents to be presented for registration. A conjoint reading of Section 32 of the Act with Section 69(hhh) indicated that a person who executes the document either himself or through an agent is the proper person to present the document before the registering authority. The Rules made under Section 69 regulate the persons eligible to write documents, the period of licence, and the power to suspend or revoke licence. The members of the petitioner association, having become licensees under the Rules, are bound thereby. The Court held that the petitioner association, consisting of members who obtained licence under the Rules, cannot challenge the Rules under which they came to operate. They cannot challenge that part of the Rules which is unfavourable to them while respecting the favourable part, since they have no independent right dehors the Rules. On the question whether advocates are required to obtain licence under the Rules to become document writers, the Court held that an advocate by virtue of his sanad granted by the appropriate Bar Council under the Advocates Act, 1961 is entitled to draft pleadings and appear and practise before courts and tribunals or persons legally authorised to take evidence under Section 30 unless he is otherwise excluded. As part of practice, advocates are entitled to draft documents on behalf of parties and produce them before the registering officer if they undertake such exercise. Rule 6(2) seeks to exclude from the purview of the Rules the party who himself presents the document for registration or the advocate who drafts the document and presents it if needed by the party. Advocates stand as a class by themselves apart from the document writers governed by the Rules. An advocate does not need any further certificate from the Licensing Authority under the Rules to have the power to draft the document and, if need be, to present it at his option before the registering officer for registration of the instrument. He gets his right only by virtue of practice of profession as advocate. The Court thus held the petitioner association's contention devoid of substance and dismissed the special leave petition.
Headnote
A) Administrative Law - Challenge to Subordinate Legislation - Estoppel by Licence - U.P. Document Writers Licence Rules, 1977 Rule 6(2) - Members of petitioner association obtained licences under the Rules and cannot challenge the unfavourable part while accepting the favourable part; they have no independent right dehors the Rules - Held that the challenge is not maintainable. B) Registration Law - Document Writers Licensing - Scope of Section 69(hhh) - Registration Act, 1908 Section 69(hhh) read with Section 32 - Section 69(hhh) empowers the State to make rules for grant, suspension, revocation of licences to document writers and all purposes connected with drafting or writing documents for registration; conjoint reading with Section 32 shows that person executing document or agent is proper person to present; rules made are intra vires - Held that Rule 6(2) is valid. C) Advocates Act - Right to Practice - Exemption from Document Writers Licence - Advocates Act, 1961 Section 30 - Advocates by virtue of sanad are entitled to draft pleadings and appear, and as part of practice may draft documents and present for registration; Rule 6(2) excludes party and pleader from licence requirement; advocates are a separate class and need no further certificate - Held that exclusion of advocates is valid and they need not obtain licence.
Issue of Consideration
Whether Rule 6(2) of the U.P. Document Writers Licence Rules, 1977 is ultra vires Section 69(hhh) of the Registration Act, 1908 as amended by the State Legislature; whether advocates are required to obtain a licence under the Rules to draft and present documents for registration.
Final Decision
The special leave petition was dismissed. The Court held Rule 6(2) valid and not ultra vires; advocates are a separate class and do not require a licence to draft and present documents; the petitioner association cannot challenge rules under which its members obtained licence.
Law Points
- Persons who obtain licences under rules cannot challenge those rules
- advocates have statutory right under Advocates Act
- 1961 to draft and present documents without separate licence
- Section 69(hhh) of Registration Act
- 1908 validly authorises rules for document writers
- Rule 6(2) of U.P. Document Writers Licence Rules
- 1977 is not ultra vires.
