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THE ADVOCATES (AMENDMENT) ACT, 2023
NO. 33 OF 2023
[8th December, 2023.]
An Act further to amend the Advocates Act, 1961.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Advocates (Amendment) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title and
commencement.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 8th December, 2023/Agrahayana 17, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
8th December, 2023 and is hereby published for general information:—
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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NEW DELHI, FRIDAY, DECEMBER 8, 2023/AGRAHAYANA 17, 1945 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
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2. After section 45 of the Advocates Act, 1961 (hereinafter referred to as the principal
Act), the following section shall be inserted, namely:—
‘45A. (1) Every High Court, District Judge, Sessions Judge, District Magistrate,
and every Revenue-officer, not being below the rank of a Collector of a district (each as
regards their or his own Court and the Courts, if any, subordinate thereto) may frame
and publish lists of persons proved to their or his satisfaction, or to the satisfaction of
any subordinate Court as provided in sub-section (3) by evidence of general repute or
otherwise, habitually to act as touts, and may, from time to time, alter and amend such
lists.
Explanation.—The passing of a resolution, declaring any person to be or not to
be a tout, by a majority of the members present at a meeting, specially convened for the
purpose, of an association of persons entitled to practice as legal practitioners in any
Court or revenue-office, shall be evidence of the general repute of such person for the
purposes of this sub-section.
(2) No person's name shall be included in any such list until he shall have had an
opportunity of showing cause against such inclusion.
(3) Any authority empowered under sub-section (1) to frame and publish a list
of touts may send to any Court subordinate to such authority the names of any
persons alleged or suspected to be touts, and order that Court to hold an inquiry in
regard to such persons; and the subordinate Court shall thereupon hold an inquiry
into the conduct of such persons and, after giving each such person an opportunity of
showing cause as provided in sub-section (2), shall report to the authority which has
ordered the inquiry the name of each such person who has been proved to the
satisfaction of the subordinate Court to be a tout; and that authority may include the
name of any such person in the list of touts framed and published by that authority:
Provided that such authority shall hear any such person who, before his name
has been so included, appears before it and desires to be heard.
(4) A copy of every such list shall be kept hung up in every Court to which the
same relates.
(5) The Court or Judge may, by general or special order, exclude from the precincts
of the Court any person whose name is included in any such list.
(6) Any person who acts as a tout whilst his name is included in any such list
shall be punishable with imprisonment which may extend to three months, or with fine
which may extend to five hundred rupees, or with both.
(7) For the purposes of this section,—
(a) "Judge" means the presiding judicial officer in every Civil and Criminal
Court, by whatever title he is designated;
(b) "subordinate Court" means all Courts subordinate to the High Court,
including Courts of Small Causes established under any law for the time being in
force;
(c) "revenue-office" includes all Courts (other than Civil Courts) trying
suits under any law for the time being in force relating to landholders and their
tenants or agents;
(d) "tout" means a person—
(i) who procures, in consideration of any remuneration moving from
any legal practitioner, the employment of the legal practitioner in any legal
business; or who proposes to any legal practitioner or to any person
interested in any legal business to procure, in consideration of any
remuneration moving from either of them, the employment of the legal
practitioner in such business; or
Insertion of new
section 45A.
Power to
frame and
publish lists of
touts.
25 of 1961.
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(ii) who for the purposes of such procurement frequents the
precincts of Civil or Criminal Courts or of revenue-offices, or railway
stations, landing stages, lodging places or other places of public resort.’.
3. In section 50 of the principal Act, after sub-section (5), the following sub-section
shall be inserted, namely:—
“(6) On the date on which section 45A of the Advocates Act, 1961 comes into
force, sections 1, 3 and 36 of the Legal Practitioners Act, 1879 shall stand repealed.”.
S.K.G. RAHATE,
Secretary to the Govt. of India.
25 of 1961.
18 of 1879.
Amendment
of section 50.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—454GI—08-12-2023.
Kshitiz
Mohan
Digitally signed by Kshitiz Mohan
DN: c=IN, st=Delhi,
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25e2e76d2f0b5f069af1775fa98f7ccdab,
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247, ou=Deputy Manager, o=Government of
India Press, cn=Kshitiz Mohan
Date: 2023.12.08 23:16:49 +05'30'