The Advocates Amendment Act 2023

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 andcommencement.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:—vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 41] ubZ fnYyh] 'kqØokj] fnlEcj 8] 2023@vxzgk;.k 17] 1945 ¼'kd½ No. 41] NEW DELHI, FRIDAY, DECEMBER 8, 2023/AGRAHAYANA 17, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —23 REGISTERED NO. DL—(N)04/0007/2003—23 CG-DL-E-08122023-250511 CG-DL-E-08122023-250511 CG-DL-E-08122023-250511 CG-DL-E-08122023-250511 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 asregards their or his own Court and the Courts, if any, subordinate thereto) may frameand publish lists of persons proved to their or his satisfaction, or to the satisfaction ofany 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 suchlists. 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 thepurpose, of an association of persons entitled to practice as legal practitioners in anyCourt or revenue-office, shall be evidence of the general repute of such person for thepurposes 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 anypersons alleged or suspected to be touts, and order that Court to hold an inquiry inregard to such persons; and the subordinate Court shall thereupon hold an inquiryinto the conduct of such persons and, after giving each such person an opportunity ofshowing 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 thesatisfaction of the subordinate Court to be a tout; and that authority may include thename 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 finewhich 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 inforce; (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 theirtenants 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 legalbusiness; or who proposes to any legal practitioner or to any personinterested in any legal business to procure, in consideration of anyremuneration moving from either of them, the employment of the legalpractitioner in such business; orInsertion of newsection 45A. Power to frame andpublish lists oftouts.25 of 1961.2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (ii) who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-offices, or railwaystations, 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 3 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.