act 018 of 1879 : Legal Practitioners Act, 1879

CHAPTER I

PRELIMINARY

CHAPTER II

OF ADVOCATES, VAKILS AND ATTORNEYS

CHAPTER III

OF PLEADERS AND MUKHTARS

CHAPTER IV

OF REVENUE--AGENTS

CHAPTER V

OF CERTIFICATES

CHAPTER VI

OF THE REMUNERATION OF PLEADERS, MUKHTARS AND REVENUE-AGENTS

CHAPTER VII

PENALTIES

CHAPTER VIII

MISCELLANEOUS

Section 1.Short title, commencement.

This Act may be called the Legal Practitioners Act, 1879; and shall come into force on the first day of January, 1880.

Local extent.--This section and section 2 extend to the whole of India ¹ [except the State of Jammu and Kashmir*.].

²[The rest of this Act extends, in the first instance, only to the territories which, immediately before the 1st November, 1956, were comprised in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya Pradesh, Assam, Orissa and Delhi. But the State Government of any State may, from time to time, by notification in the Official Gazette, extend³ all or any of the provisions of the rest of this Act to the whole or any part of that State to which such provisions do not extend.]

1. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B States".

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for the former paragraph.

3. Under this power, the Act has been extended, subject to certain omissions and so far only as it relates to judicial Courts, Civil and Criminal, to the Madras Presidency, except the Scheduled Districts, from 1st April 1882, see Fort St. George Gazette, 1881, Pt. I, pp. 491 and 707. Ss. 3 and 4 of the Act have been extended to the Regulation Districts of the Bombay Presidency, see Bombay Government Gazette 1885, Pt. I, p. 290; and ss. 13 [except clauses (a), (b), (c), (d) and (f) thereof), 34, 36 and 40 have been extended, to the whole of the Bombay Presidency (Bombay Gazette, 1904, Pt. p. 1635). Ch. I, s. 40, Sch. II, and so much of Chs. III, V, VI and VII as relates to pleaders, have been extended to Coorg, see Mysore Gazette, 1879, Pt . I, p. 355; see also Coorg District Gazette, 1891, Pt. 1, p. 140, for notification extending ss. 4, 5 and 38; Coorg District Gazette, 1899, Pt. I, P. 122, for notification extending ss. 3, 13 and 36 as amended by Act 11 of 1896 so far as they relate to pleaders; and Coorg Gazette, 1935, Pt. I, A. 2, for notification extending ss. 4 and 41. Ss. 4 and 41 have been extended to Ajmer-Merwara, see Gazette id India, 1927, Pt, II-A P. 214.

*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

Section 2.[Repealed.].

[Repeal of enactments.] Rep. by the Repealing Act, 1938 (1 of 1938) s. 2 and Schedule.

Section 3.Interpretation-clause.

In this Act, unless there be something repugnant in the subject or context,

"Judge" means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated;

"subordinate Court" means all Courts subordinate to the High Court, including Courts of Small Causes established under Act No. 9 of 1850¹or Act No. 11 of 1865²;

"revenue-office" includes all Courts (other than Civil Courts) trying suits under any Act for the time being in force relating to landholders and their tenants or agents ;

"legal practitioner" means an advocate, vakil or attorney of any High Court, a pleader mukhtar or revenue-agent ;

³["tout" means a person--

(a) 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

(b) who for the purposes of such procurement frequent the precincts of Civil or Criminal Courts or of revenue-offices, or railway stations, landing stages, lodging places or other places of public resort.]

1. See now the Presidency Small Cause Courts Act, 1882 (15 of 1882).

2. See now the Provincial Small Cause Courts Act, 1887 (9 of 1887).

3. Subs. by Act 15 of 1926, s. 2, for the former definition.

Section 4.[Repealed.].

[Advocates and Vakils.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (3) (w.e.f. 15-6-2011).

Section 5.[Repealed.].

[Attorneys of High Court.] Rep. by s. 50(3), ibid. (w.e.f. 15-6-2011).

Section 6.[Repealed.].

[Powers to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961).

Section 7.[Repealed.].

[Certificates to pleaders and mukhtars.] Rep. by s. 50 (2), ibid. (w.e.f. 1-12-1961).

Section 8.[Repealed.].

[Pleaders on enrolment may practise in Courts and revenue-offices.] Rep. s. 50(5), ibid. (w.e.f. 15-6-2011).

Section 9.[Repealed.].

[Mukhtars on enrolment may practise in Courts.] Rep. by s. 50(5), ibid. (w.e.f. 15-6-2011).

Section 10.[Repealed.].

[No person to practise as pleader or mukhtar unless qualified.] Rep. by s. 50(3), ibid. (w.e.f. 15-6-2011).

Section 11.[Repealed.].

[Power to declare functions of mukhtars.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 12.[Repealed.].

[Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.] Rep by s. 50(4), ibid. (w.e.f 1-9-1963).

Section 13.[Repealed.].

[Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 14.[Repealed.].

[Procedure when charge of unprofessional conduct is brought in Court or revenue-office. Suspension pending investigation.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (4) (w.e.f. 1-9- 1963).

Section 15.[Repealed.].

[Power to call for record in case of acquittal under section 14.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 16.[Repealed.].

[Power to make rules for mukhtars on appellate side of High Court.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 17.[Repealed.].

[Power to make rules as to qualifications, etc., of revenue-agents.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (5) (w.e.f. 15-6-2011).

Section 18.[Repealed.].

[Certificates to revenue-agents.] Rep. by s. 50(2), ibid. (w.e.f. 1-12-1961).

Section 19.[Repealed.].

[Enrolment of revenue-agent.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 20.[Repealed.].

[No person to act as agent in revenue-offices unless qualified.] Rep. by s. 50 (3), ibid. (w.e.f. 15-6-2011).

Section 21.[Repealed.].

[Dismissal of revenue-agent convicted of criminal offence.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 22.[Repealed.].

[Suspension and dismissal of revenue-agents guilty of unprofessional conduct.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 23.[Repealed.].

[Procedure when revenue-agent is so charged in subordinate office.] Rep. by s. 50 (4), ibid. (w.e.f. 1-9-1963).

Section 24.[Repealed.].

[Power to Chief Controlling Revenue-authority to call for record.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 25.[Repealed.].

[Fee for certificates.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50(5) (w.e.f. 15-6-2011).

Section 26.[Repealed.].

[Dismissed practitioners to surrender certificates.] Rep. by s. 50(5), ibid. (w.e.f. 15-6-2011).

Section 27.[Repealed.].

[High Court and Chief Controlling Revenue-authority to fix fees on civil and revenueproceedings.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (5) (w.e.f. 15-6-2011).

Section 28.[Repealed.].

[Agreements with clients.] Rep. by the Legal Practitioners (Fees) Act, 1926 (21 of 1926), s. 6.

Section 29.[Repealed.].

[Power to modify or cancel agreements.] Rep. by s. 6, ibid.

Section 30.[Repealed.].

[Agreements to exclude further claims.] Rep. by s. 6, ibid.

Section 31.[Repealed.].

[Reservation of responsibility for negligence.] Rep. by s. 6, ibid.

Section 32.[Repealed.].

[On persons illegally practising as pleaders, mukhtars or revenue agents.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (5) (w.e.f. 15-6-2011).

Section 33.[Repealed.].

[On suspended or dismissed pleader, etc., failing to deliver certificate .] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (5) (w.e.f. 15-6-2011).

Section 34.[Repealed.].

[On suspended or dismissed practitioner practising during suspension or after dismissal.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 35.[Repealed.].

[Revision of fines.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 36.Power to frame and publish lists of touts.

¹[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, ²[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.

²[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 subsection.]

(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.

²[(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 parson 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).

²[(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. Subs. by Act 11 of 1896, s. 4, for section 36.

2. Ins. by Act 15 of 1926, s. 3.

Section 37.[Repealed.].

[State Government to appoint examiners.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50(2) (w.e.f. 1-12-1961).

Section 38.[Repealed.].

[Exemption of High Court practitioners from certain parts. of Act.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 39.[Repealed.].

[Suspension or dismissal of person holding mukhtar and revenue-agent's certificate.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50(4) (w.e.f. 1-9-1963).

Section 40.[Repealed.].

[Pleaders, etc., not to be suspended or dismissed without being heard.] Rep. by s. 50(4), ibid. (w.e.f. 1-9-1963).

Section 41.[Repealed.].

[Power for certain High Courts to enrol advocates.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).

Section 42.[Repealed].

[Repeal of Chapter VI of Boni. Reg. II of 1827 and Acts 1 of 1846 and 20 of 1853.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.