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THE LEGAL PRACTITIONERS ACT, 1879

Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879



CHAPTER VII

PENALTIES


32.On persons illegally practising as pleaders, mukhtars or revenue agents.


32. On persons illegally practising as pleaders, mukhtars or revenue agents. Any person who practises in any Court or revenue-
office in contravention of the provisions of section 10 or section 20.shall be
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1 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.2 Ins. by Act 9 of 1884, s. 6.18.liable, by order of such Court or the officer at the head of such office, to a fine not exceeding ten times the amount of the stamp required by this Act for a certificate authorizing him so to practise in such Court or office, and, in default of payment, to imprisonment in the civil jail for a term which may extend to six months.

He shall also be incapable of maintaining any suit for, or enforcing any lien with respect to, any fee or reward for, or with respect to, anything done or any disbursement made by him as pleader, mukhtar or revenue-agent, whilst he has been contravening the provisions of either of such sections.


33.On suspended or dismissed pleader, etc., failing to deliver certificate.


33. On suspended or dismissed pleader, etc., failing to deliver certificate. Any pleader, mukhtar or revenue-agent, failing to deliver up his certificate as required by section 26 shall be liable, by order of the Court, authority or officer to which or to whom, or according to whose orders, the delivery should be made, to a fine not exceeding two hundred rupees, and, in default of payment, to imprisonment in the civil jail for a term which may extend to three months.


34.On suspended or dismissed practitioner practising during suspension or after dismissal.


34. On suspended or dismissed practitioner practising during suspension or after dismissal. Any pleader, mukhtar or revenue-agent who, under the provisions of this Act, has been suspended or dismissed, and who, during such suspension or after such dismissal, practises as a pleader, mukhtar or revenue-agent in any Court or revenue-office, shall be liable, by order of such Court or the officer at the head of such office, to a fine not exceeding five hundred rupees, and in default of payment to imprisonment in the civil jail for a term which may extend to six months.


35.Revision of fines.


35. Revision of fines. Every order under section 32, 33 or 34.shall be subject to revision by the High Court where the order has been passed by a subordinate Court, and by the Chief Controlling
Revenue-authority 1* where the order has been passed by an officer subordinate to such authority.


36.Power to frame and publish lists of touts.


2*[36. Power to frame and publish lists of touts. (1) Every High
Court, District Judge, Sessions Judge, District Magistrate and
Presidency Magistrate, every Revenue-officer, not being below the rank of a Collector of a district, and the Chief Judge of every Presidency
Small Cause Court (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,
---------------------------------------------------------------------
1 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.2 Subs. by Act 11 of 1896, s. 4, for the original section.

19.1*[or to the satisfaction of any subordinate Court as provided in sub-
section (2A)] by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists.

1*[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 practise 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 persons name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

1*[(2A) 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.]

(3) A copy of every such list shall be kept hung up in every
Court to which the same relates.

(4) 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.

(5) Every person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of section 13, clause (e), and section 22, clause (d).]

1*[(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.]
---------------------------------------------------------------------
1 Ins. by Act 15 of 1926, s. 3.20.
Last updated on May, 2015
Title : THE LEGAL PRACTITIONERS ACT, 1879

Year : 1879



CHAPTER VII

PENALTIES


32.On persons illegally practising as pleaders, mukhtars or revenue agents.


32. On persons illegally practising as pleaders, mukhtars or revenue agents. Any person who practises in any Court or revenue-
office in contravention of the provisions of section 10 or section 20.shall be
---------------------------------------------------------------------
1 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.2 Ins. by Act 9 of 1884, s. 6.18.liable, by order of such Court or the officer at the head of such office, to a fine not exceeding ten times the amount of the stamp required by this Act for a certificate authorizing him so to practise in such Court or office, and, in default of payment, to imprisonment in the civil jail for a term which may extend to six months.

He shall also be incapable of maintaining any suit for, or enforcing any lien with respect to, any fee or reward for, or with respect to, anything done or any disbursement made by him as pleader, mukhtar or revenue-agent, whilst he has been contravening the provisions of either of such sections.


33.On suspended or dismissed pleader, etc., failing to deliver certificate.


33. On suspended or dismissed pleader, etc., failing to deliver certificate. Any pleader, mukhtar or revenue-agent, failing to deliver up his certificate as required by section 26 shall be liable, by order of the Court, authority or officer to which or to whom, or according to whose orders, the delivery should be made, to a fine not exceeding two hundred rupees, and, in default of payment, to imprisonment in the civil jail for a term which may extend to three months.


34.On suspended or dismissed practitioner practising during suspension or after dismissal.


34. On suspended or dismissed practitioner practising during suspension or after dismissal. Any pleader, mukhtar or revenue-agent who, under the provisions of this Act, has been suspended or dismissed, and who, during such suspension or after such dismissal, practises as a pleader, mukhtar or revenue-agent in any Court or revenue-office, shall be liable, by order of such Court or the officer at the head of such office, to a fine not exceeding five hundred rupees, and in default of payment to imprisonment in the civil jail for a term which may extend to six months.


35.Revision of fines.


35. Revision of fines. Every order under section 32, 33 or 34.shall be subject to revision by the High Court where the order has been passed by a subordinate Court, and by the Chief Controlling
Revenue-authority 1* where the order has been passed by an officer subordinate to such authority.


36.Power to frame and publish lists of touts.


2*[36. Power to frame and publish lists of touts. (1) Every High
Court, District Judge, Sessions Judge, District Magistrate and
Presidency Magistrate, every Revenue-officer, not being below the rank of a Collector of a district, and the Chief Judge of every Presidency
Small Cause Court (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,
---------------------------------------------------------------------
1 For definition, see the General Clauses Act, 1897 (10 of 1897), s. 3.2 Subs. by Act 11 of 1896, s. 4, for the original section.

19.1*[or to the satisfaction of any subordinate Court as provided in sub-
section (2A)] by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists.

1*[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 practise 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 persons name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

1*[(2A) 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.]

(3) A copy of every such list shall be kept hung up in every
Court to which the same relates.

(4) 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.

(5) Every person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of section 13, clause (e), and section 22, clause (d).]

1*[(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.]
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1 Ins. by Act 15 of 1926, s. 3.20.
Last updated on May, 2015

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