#THE LEGAL PRACTITIONERS ACT, 1879 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

PREAMBLE 

##CHAPTER I 

###PRELIMINARY 

SECTIONS 

1.  Short title, commencement. 
Local extent. 

2.  [Repealed.]. 

3.  Interpretation-clause. 

##CHAPTER II 

###OF ADVOCATES, VAKILS AND ATTORNEYS 

4.  [Repealed.]. 

5.  [Repealed.]. 

##CHAPTER III 

###OF PLEADERS AND MUKHTARS 

6.  [Repealed.]. 

7.  [Repealed.]. 

8.  [Repealed.]. 

9.  [Repealed.]. 

10.   [Repealed.]. 

11.   [Repealed.]. 

12.   [Repealed.]. 

13.   [Repealed.]. 

14.   [Repealed.]. 

15.   [Repealed.]. 

16.   [Repealed.]. 

##CHAPTER IV 

###OF REVENUE-AGENTS 

17.  [Repealed.]. 

18. [Repealed.]. 

19.  [Repealed.]. 

20.   [Repealed.]. 

21. [Repealed.]. 

22.   [Repealed.]. 

23.   [Repealed.]. 

24.   [Repealed.]. 

##CHAPTER V 

###OF CERTIFICATES 

25.  [Repealed.]. 

26.  [Repealed.]. 

##CHAPTER VI 

###OF THE REMUNERATION OF PLEADERS, MUKHTARS AND REVENUE-AGENTS 

27.  [Repealed.]. 

28. [Repealed.]. 

29. [Repealed.]. 

30. [Repealed.]. 

31. [Repealed.]. 

##CHAPTER VII 

###PENALTIES 

32.  [Repealed.]. 

33.  [Repealed.]. 

34.  [Repealed.]. 

35.  [Repealed.]. 

36.  Power to frame and publish lists of touts. 

##CHAPTER VIII 

###MISCELLANEOUS 

37. [Repealed.]. 

38.  [Repealed.]. 

39. [Repealed.]. 

40. [Repealed.]. 

41.  [Repealed.]. 

42.  [Repealed]. 

THE FIRST SCHEDULE.—*[Repealed.].*

THE SECOND SCHEDULE.—VALUE OF STAMPS FOR CERTIFICATES. 

 
 
#THE LEGAL PRACTITIONERS ACT, 1879 

##ACT NO. 18 OF 1879
[^1]

[29th October, 1879.] 

An Act to consolidate and amend the law  relating to Legal Practitioners. 

**Preamble.**—WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  relating  to 
Legal Practitioners in certain  Provinces,  and  to  empower  the  Provincial  Government  of 
every other Province to extend thereto such portions of  this Act as such Government  may 
think fit; It is hereby enacted as follows: — 

##CHAPTER I 

###PRELIMINARY 

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 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  co mprised  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, 
extend [^3] all or  any  of  the  provisions  of  the  rest  of  this  Act  to  the  w hole  or  any  part  of  that 
State to which such provisions do not extend.

2. *[Repeal   of  enact ments .] Rep.  by  the  Repeali ng  Act ,  1938  ( 1  of   1938)   s.  2  and 
Schedule.*

[^1]. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941). It has been declared to be in force in the Angul 
District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch., and also by notification under s. 3 of the Scheduled 
Districts  Act,  1874  (14  of  1874),  in  the  Districts  of  Hazaribagh,  Lohardaga  and  Manbhum  and  Pargana  Dhalbhum  and  the 
Kolhan in the District of Singbhum, see Gazette of India, 1881, Pt. I, p. 504. The District of Lohardaga (now called the Ranchi 
District, see Calcutta Gazette, 1889, Pt. I, p. 44) included at this time the District of Palamau, which was separated in 1894. 
It has been amended in its application to— 

  Bengal by Ben. Act 5 of 1942 ; 
  C. P. and Berar by C. P. & Berar Act 25 of 1939; 
  Madras by Mad. Acts 3 of 1943, 14 of 1944, 9 of 1947, 17 of 1950 and 12 of 1960; 
  Orissa by Orissa Act 6 of 1938; and 
  U. P. by U.P. Acts 4 of 1925 and 4 of 1936. 
  The Act has not been extended to the State of Manipur, vide Act 30 of 1950, s. 3 and Sch .as amended by Act 68 of 1956. 
  The  Act  has  been  extended  to  the  whole  of  Madhya  Pradesh  by  M.P.  Act  23  of  1958  (when  notified)  and  to  transferred 

territories in Punjab by Punjab Act 41 of 1960. 

[^2]. 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.

[^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. 

 

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 1850 1 or Act No. 11 of 1865; 

  “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 ; 

“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 eit her 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.

##CHAPTER II 

###OF ADVOCATES, VAKILS AND ATTORNEYS 

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

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

##CHAPTER III 

###OF PLEADERS AND MUKHTARS 

6. [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). 

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

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

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

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

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

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

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

14. [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). 

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

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

##CHAPTER IV 

###OF REVENUE-AGENTS 

17. [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). 

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

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

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

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

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

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

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

##CHAPTER V 

###OF CERTIFICATES 

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

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

##CHAPTER VI 

###OF THE REMUNERATION OF PLEADERS, MUKHTARS AND REVENUE-AGENTS 

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

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

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

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

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

##CHAPTER VII 

###PENALTIES 

32. [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). 

33. [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). 

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

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

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, 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. 

  *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  su ch  person  for  the  purposes  of  this  sub -
section.

  (2) No  person’s  name  shall  be  included  in  any  such  list  u ntil  he  shall  have  had  an 
opportunity of showing cause against such inclusion. 

  (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  inq uiry  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  sat isfaction  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). 

  (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.

##CHAPTER VIII 

###MISCELLANEOUS 

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

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

39. [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). 

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

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

42. [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. 


 
*FIRST SCHEDULE.*—[Enactments  repealed.]  Rep.  by  the  Repealing  Act,  1938  (1  of  1938), 
s. 2 and Schedule. 

 
 
##SECOND SCHEDULE 

(See Section 25) 

###VALUE OF STAMPS FOR CERTIFICATES 

I 

For a certificate authorizing the holder to practise as a pleader—  

  (a) in the High Court and any subordinate Court—rupees fifty; 

  (b) in any Court of Small Causes in a Presidency-town—rupees twenty-five; 

  (c) in all other subordinate Courts—rupees twenty-five; 

  (d) in  the  Courts  of  Subordinate  Judges,  Munsifs,  Assistant  Commissioners,  Extra  Assistant 
Commissioners  and  Tahsildars,  in  Courts  of  Small  Causes  outside  the  Presidency-towns  and  in  all 
Criminal Courts subordinate to the High Court—rupees fifteen; 

  (e) in the Courts of Munsifs and any Civil or Criminal  Court of first instance not hereinbefore 
specifically mentioned—rupees five. 

II 

For a certificate authorizing the holder to practise as a mukhtar— 

  (f) in the High Court and any subordinate Court—rupees twenty-five; 

  (g) in any Court of Small Causes in a Presidency-town—rupees fifteen; 

  (h) in all other subordinate Courts—rupees fifteen; 

  (i) in  the  Courts  of  Subordinate  Judges,  Munsifs,  Assistant  Commissioners,  Extra 
Assistant  Commissioners  and  Tahsildars,  in  Courts  of  Small  Causes  outside  the  Presidency-
towns and in all Criminal Courts subordinate to the High Court --rupees ten; 

  (j) in the Courts of Munsifs and. any Civil or Criminal Court of first instance not hereinbefore 
specifically mentioned—rupees five. 

III 

For a certificate authorising the holder to practise as a revenue-agent— 

  (k) in  the  office  of  the  Chief  Controlling  Revenue-authority  and  in  any  revenue-office 
subordinate to such authority— rupees fifteen; 

  (l) in the office of a Commissioner and in any revenue-office subordinate to a Commissioner—
rupees ten; 

  (m) in  the  office  of  a  Collector  and  in  any  revenue-office  subordinate  to  a  Collector—
rupees five.