Introduction: The Advocates (Amendment) Act, 2023, receiving Presidential assent on December 8, 2023, introduces significant changes to the legal landscape in India. Notably, the addition of section 45A empowers various authorities to frame and publish lists of touts, influencing legal practitioners’ practices. Additionally, the Act brings about the repeal of certain sections of the Legal Practitioners Act, 1879.
Detailed Analysis:
Section 45A – Empowering Authorities to Frame Lists of Touts: The new section 45A inserted after section 45 of the Advocates Act, 1961, grants powers to High Courts, District Judges, Sessions Judges, District Magistrates, and certain Revenue officers. These authorities can frame and publish lists of individuals habitually acting as touts. The section outlines the process, including the opportunity for individuals to show cause against inclusion and the role of subordinate courts in inquiries. The Act imposes penalties on those acting as touts while their names are on such lists.
Repeal of Sections in Legal Practitioners Act, 1879: Section 3 of the Advocates (Amendment) Act, 2023, introduces a repeal of sections 1, 3, and 36 of the Legal Practitioners Act, 1879, effective on the date when section 45A of the Advocates Act, 1961, comes into force. This signals a significant shift in the legal regulatory framework, with implications for the practice of legal practitioners in India.
Conclusion: The Advocates (Amendment) Act, 2023, marks a pivotal moment in legal regulation, introducing mechanisms to combat tout activities and streamlining the legal framework for practitioners. Legal professionals and stakeholders must acquaint themselves with the amended provisions, especially the newly inserted section 45A, to ensure compliance with the evolving regulatory landscape.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi
Dated: 8th December, 2023
The following Act of Parliament received the assent of the President on the 8th December, 2023 and is hereby published for general information:—
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:—
Short title and commencement.
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.
Insertion of new section 45A.
2. After section 45 of the Advocates Act, 1961 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—
Power to frame and publish lists of touts.
‘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
(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.’.
Amendment of section 50
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.
