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Report No. 184

11. Insertion of new section 45.-

After section 45 of the principal Act, the following section shall be inserted namely:-

"45A Penalty for imparting instruction without prior permission from the Bar Council of India.(1) After the commencement of the Advocates (Amendment) Act, 2003, if any person, including any institution, company, society, trust or body contravenes the provisions of sub-sections (1) and (2) of section 7A, he shall be punished with simple imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both.

(2) The offence mentioned under sub-section (1) shall be tried by the Metropolitan Magistrate or Judicial Magistrate of first class, as the case may be.

(3) Where an offence mentioned under sub-section(1) is committed by any institution, company, society, trust or body , every person who at the time the offence was committed, was in charge of and was responsible for the conduct of the affairs of such institution, company, society, trust or body as well as the institution, company, society, trust or body shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence."

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