Legal Practitioners Act,1879
Act No : 18
Section :
Power to frame and publish lists of touts.
2*[36. Power to frame and publish lists of touts. (1) Every HighCourt, District Judge, Sessions Judge, District Magistrate andPresidency Magistrate, every Revenue-officer, not being below the rankof a Collector of a district, and the Chief Judge of every PresidencySmall Cause Court (each as regards their or his own Court and theCourts, if any, subordinate thereto) may frame and publish lists ofpersons 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.191*[or to the satisfaction of any subordinate Court as provided in sub-section (2A)] by evidence of general repute or otherwise, habituallyto act as touts, and may, from time to time, alter and amend suchlists. 1*[Explanation.--The passing of a resolution, declaring anyperson to be or not to be a tout, by a majority of the members presentat a meeting, specially convened for the purpose, of an association ofpersons entitled to practise as legal practitioners in any Court orrevenue-office, shall be evidence of the general repute of such personfor the purposes of this sub-section.] (2) No person's name shall be included in any such list until heshall have had an opportunity of showing cause against such inclusion. 1*[(2A) Any authority empowered under sub-section (1) to frameand publish a list of touts may send to any Court subordinate to suchauthority the names of any persons alleged or suspected to be touts,and order that Court to hold an inquiry in regard to such persons; andthe subordinate Court shall thereupon hold an inquiry into the conductof such persons and, after giving each such person an opportunity ofshowing cause as provided in sub-section (2), shall report to theauthority which has ordered the inquiry the name of each such personwho has been proved to the satisfaction of the subordinate Court to bea tout; and that authority may include the name of any such person inthe 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 tobe heard.] (3) A copy of every such list shall be kept hung up in everyCourt to which the same relates. (4) The Court or Judge may, by general or special order, excludefrom the precincts of the Court any person whose name is included inany such list. (5) Every person whose name is included in any such list shall bedeemed 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 includedin any such list shall be punishable with imprisonment which mayextend to three months, or with fine which may extend to five hundredrupees, or with both.]---------------------------------------------------------------------1 Ins. by Act 15 of 1926, s. 3.20
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