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 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
•Insertion of new
