LEGAL PRACTITIONERS AND
BAR COUNCILS ACT, 1973
[ACT XXXV OF 1973]
An Act to repeal and, with certain
modifications, re-enact the law relating to legal practitioners and bar
councils
The following Act of the
National Assembly received the assent of the President on the 22nd February,
1973, and is hereby published for general information:-
Whereas it is expedient to
repeal and, with certain modifications, re-enact the law relating to Legal
Practitioners and Bar Councils and to provide for certain incidental and
ancillary matters;
It is hereby enacted as
follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.--(1) This Act may be called the Legal
Practitioners and Bar Councils Act, 1973.
(2) It shall come into
force at once.
1[1A. Overriding effect.--The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force.]
2. Definitions.--ln this Act, unless there is anything repugnant in the subject or
context,--
2[(a) "Advocate"
means an advocate entered in any roll under the provisions of this Act;]
(b)
"Bar Council" means a Bar Council constituted under this Act;
(c)
"Common roll" means the common roll of advocates of the High
Court or, as the case may be, the common roll of other advocates prepared and
maintained by the Pakistan Bar Council under this Act; 3[(cc)
Omitted];
1.
Inserted vide Legal Practitioners & Bar Councils (Amendment) Act, (Act
No. XII of 2005).
2.
The original clause (a) of Section 2 reads as under:--
(a) "advocate" means an advocate entered in any roll
under the provisions of this Act".
It
was substituted by the following, through the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 2, with
effect from 2.3.1985:--
“(a) “advocate” means an advocate whose name
is for the time being entered in the Roll of Senior Advocates, Roll of
Advocates or Roll of Advocates-on-Record of the Supreme Court under the rules
of the Supreme Court or in the roll of Advocates of a High Court under this
Act”;
It was substituted by the present text through
the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 2, with effect from 25.8.1978.
3.
Omitted through Act No. XII of 2005, Section 3.
(d) "High Court",
in relation to a Provincial Bar Council, means the High Court of the Province
or Islamabad Capital Territory, or Provinces, as the case may be, for which that
Council is constituted;
(da) “Islamabad
Bar Council” means Islamabad Bar Council for Islamabad Capital Territory
constituted under this Act;
(f)
"Pakistan Bar Council" means the Bar Council, constituted for
Pakistan, under Section 11;
(g)
"prescribed" means prescribed by rules made under this Act;
[3][(h) "Provincial Bar
Council and Islamabad Bar Council" in relation to a Province, means the
Provincial Bar Council constituted for that Province;]
(i)
"Provincial roll and Islamabad Bar Council roll" means a roll
of advocates of the High Court or, as the case may be, a roll of advocates
prepared and maintained by a Provincial Bar Council under this Act;
(j)
"revenue office" includes all Courts (other than Civil Courts)
trying suits under any law for the time being in force relating to land-holders
and their tenants or agents;
(k)
"roll" means the roll of advocates maintained by a Bar Council;
[4](kk) "roll of group of
districts" means a roll of advocates of a High Court and a roll of the
Advocates practicing in the districts of the group, as mentioned in the
Schedule, prepared and maintained by a Provincial Bar Council;
(l)
"subordinate Court" means a Court subordinate to the High
Court;
(m)
"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
(ii)
who, for the purposes of such procurement, frequents the precincts of
Courts or of revenue offices, or railway stations, landing stages, lodging
places or other places of public resort;
(n) "Tribunal",
in relation to a Bar Council, means a Tribunal constituted by it under this
Act; [5][and]
[6][(o)
"voter” means:--
(i)
in relation to election to a Provincial Bar Council, an advocate whose
name for the time being appears on the roll of group of districts and to whom
an identity card has been issued by a Provincial Bar Council and who is not in
arrears of dues of the Provincial Bar Council for a period exceeding six
months; and
(ii)
in relation to election to the Pakistan Bar Council, a member of the
concerned Provincial Bar Council.]
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
3. Constitution and incorporation of Bar Councils.--(1) There shall be
constituted in accordance with the provisions of this Act.-
(i) a Bar Council for Pakistan to be known as the Pakistan Bar
Council; 10[and]
11[(ii) a Bar Council for each Province to be known
as the Bar Council of the
Province
concerned ; and
(iii) Islamabad Bar Council for Islamabad Capital
Territory.
(2) Every Bar Council shall
be a body corporate having perpetual succession and a common seal with power to
acquire and hold property, both movable and immovable, and to contract, and
shall by the name by which it is known sue and be sued.
4. Term of Bar Council.—12[The] term of every Bar Council shall be 13[five]
years beginning on the first day of January following the general elections to
the Provincial Bar Councils; and at the end of each term the members of the Bar
Council shall cease to hold office:
14[Provided that the next
elections of the Provincial Bar Councils shall be held between the 1st October,
2009 and the 31st of December, 2009 and the term of the next Provincial Bar
Council shall commence from the Ist January, 2010.]
10. Added by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of
1978) Section 3(a), with effect from 12.10.1978.
11. Substituted, ibid, Section
3(b), for the following:--
"(ii) a Bar Council for each Province,
other than the Provinces of Sindh and Baluchistan to be known as the Bar
Council of the Province Concerned; and
(iii) a Bar Council for the Provinces of Sindh and
Baluchistan, to be known as the Sindh and Baluchistan Bar Council".
12. The word "The"
was substituted for the words, figures and comma "Save as provided in
Section 65 in respect of the existing Bar Council, “the” by the Legal
Practitioners & Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982), Section 2(a), w.e.f. 15.7.1982.
13. By the Legal Practitioners
and Bar Councils (Amendment) Act, 1976 (Act LXVII of 1976) Section 2, the word
"three" was substituted by the word “four", with effect from
4.12.1976, and thereafter the word "four" was substituted by the word
"five", with effect from 15.7.1982, through the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section
2(b).
14. The original proviso to
Section 4 reads:
"Provided that the term of every Bar
Council constituted for the first time under this Act shall be for the
remainder period of the term of three years beginning on the first day of
January, 1973".
It was firstly amended
through the Legal Practitioners and Bar Councils (Amendment) Act, 1975 (Act LXX
of 1975) Section 2,
(with effect from 22.11.1975) by substituting
the word, comma and figure "expire on the thirty
CHAPTER III
PROVINCIAL BAR COUNCILS
5. Composition of Provincial Bar Councils.--(1) Each Provincial Bar
Council shall consist
15[of:--]
16[(a) the Advocate-General
of the Province “or Islamabad Capital Territory, as the case may
be”;
(b) such number of 17[....]
members as may be elected by the Advocates on the Provincial roll or Islamabad
Bar Council roll, as the case may be from amongst themselves.
18[(2) The number of members
to be elected to the Provincial Bar Councils shall be as
follows:--
|
(a)
|
Punjab Bar Council ......
|
75
|
|
|
Sindh Bar Council ......
|
33
|
|
|
Khyber Pakhtoonkuwa Bar Council ......
|
28
|
|
|
Baluchistan Bar Council ......
|
07
|
|
|
Islamabad Bar Council …...
|
05; and
|
(b) the district-wise
allocation of seats referred to in clause (a) for respective Provincial Bar
Councils, shall be in accordance with the Schedule annexed hereto.]
19[(2A) For the purpose of
election of members of a Provincial Bar Council from a district or districts
under sub-section (2), the advocates entered on the roll district or of group of districts as
mentioned in the Schedule annexed hereto, shall constitute the electoral
college].
20[(3) Omitted].
(4) At an election of the
members of a Provincial Bar Council an advocate shall have as many votes as the
number of members to be elected from the 21[district, or as the case
may be, the group of districts] concerned.
day of December 1976" for the words comma
and figure "be for the remainder period of the term of three years
beginning on first day of January, 1973".
The
proviso then again was amended by the Legal Practitioners and Bar Councils
(Second Amendment) Act, 1976 (Act LXVII of 1976) Section 3(b), with effect form
4.12.1976, substituting the figure "1977" for the figure
"1976".
The above-said amended proviso was again
amended through the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1977 (Ordinance XLVII of 1977) Section 2, with effect from 31.12.1977. Present
text was substituted by Act No. XII of 2005.
15. Substituted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance No. XL of
1978) Section 4(1)(a), with effect from 12.10.1978, for the comma.
16. Substituted, ibid, Section
4(1)(b), for the following:--
"(a) In the case of a Bar Council for a
Province, other than the Provinces of Sindh and Baluchistan, of the
Advocate-General for the Provinces, and, in the case of the Bar Council for the
Provinces of Sindh and Baluchistan, the Advocate-General for Sindh and The
Advocate-General for Baluchistan, ex-officio".
17. The word “other” was
omitted, ibid, Section 4(1)(c).
18. Substituted through Act No.
XII of 2005.
19. Substituted by the Legal
Practitioners and Bar Councils (Amendment) Act,2005 (Ordinance XII of 2005).
20. Omitted through Act No. XII
of 2005.
21. Sub. for the word
"Division" vide Act No. XlI of 2005.
[7][(5) A member may resign his
office by writing under his hand addressed to the Chairman of the Council].
18[(6) Omitted]
Explanation: If any question arises
whether an advocate is or is not, for the purposes of this Section, practicing
generally in a district, it shall be referred to the Advocate-General for the
Province concerned or Islamabad Capital Territory, whose decision thereon shall
be final.
[8][5A. Qualifications for membership of a Provincial Bar Council.--A
person shall be qualified to elected as a member of a Provincial Bar Council if
he:-
(b)
has, on the day of filing of the nomination paper, been an advocate for
not less than [10][ten]
years; and
(c)
has cleared all the dues payable by him to the Provincial Bar Council.
Provided that
for the first election of Islamabad Bar Council, the qualification required for
a candidate for Punjab Bar Council shall apply to the candidate to be elected
for Islamabad Bar Council.
5B. Disqualifications for membership of a Provincial Bar Council.--A person shall be
disqualified to be elected as a member of a Provincial Bar Council if he--
(a)
was dismissed or removed from the service of Government or of a public
statutory corporation; or
(b)
has been convicted for an offence involving moral turpitude; or
(c)
has been found guilty of professional misconduct; or (d) has been declared a tout; or
(e) is an undischarged insolvent.
5C. Cessation of membership of Provincial Bar Council.--A member of a Provincial
Bar Council shall cease to be such member if he--
(a)
is appointed to an office of profit in the service of Pakistan; or
(b)
is suspended or removed from practice under the provisions of Chapter
VII; or
(c)
incurs any of the disqualifications specified in Section 5B.]
6. Chairman and Vice-Chairman of Provincial Bar Council and Islamabad Bar Council.--(1) There shall be a Chairman and a
Vice-Chairman of each Provincial Bar Council.
[11][(2) The Advocate-General
for a Province or Islamabad Capital Territory shall be the Chairman of the
Provincial Bar Council and Islamabad Bar Council for that Province or Islamabad
Capital Territory or the case may be.
(2A) If a member of a
Provincial Bar Council is appointed as the Attorney-General for Pakistan or as
the Advocate-General for a Province Islamabad Capital Territory, his seat in
the Council shall become vacant].
(3)
The Vice-Chairman of each Provincial Bar Council shall be elected in the
prescribed manner by the members of that Council from amongst themselves.
(4)
Subject to the provisions of sub-section (8), the election of the
Vice-Chairman shall be held as
soon as may be after the commencement of every
year and in any case not later than the thirty-first day of January.
(5)
Subject to the provisions of sub-sections (6) and (7), the Vice-Chairman
shall hold office [12][until
his successor enters upon his office].
(6)
A Vice-Chairman may resign his office by writing under his hand
addressed to the Chairman.
(7)
A Vice-Chairman shall cease to hold his office if he is appointed to an
office of profit in the service of Pakistan or is suspended or removed from
practice under the provisions of Chapter VII.
(8)
Where the office of a Vice-Chairman becomes vacant, an election to the
vacant office shall be held within thirty days of the office becoming vacant. .
(9)
The Chairman and Vice-Chairman shall have such powers and functions as
may be prescribed.
7. Time of holding elections to a Provincial Bar Council and Islamabad Bar Council.-Elections to a Provincial Bar Council
shall be held so as to conclude on or before the thirtieth day of November in
the year in which the term of the Provincial Bar Council expires:
Provided that-
(a)
elections to the first Provincial Bar Councils and Islamabad Bar Council
to be constituted under this Act shall be held so as to conclude; and
(b)
the first Provincial Bar Councils and Islamabad Bar Council to be
constituted under this Act shall be constituted, on such day as the Federal
Government may, by notification in the official Gazette, specify;
Provided
further that-
(a)
elections to the first Islamabad Bar Council to be constituted under
this Act shall be held so as to conclude; and
(b)
the first Islamabad Bar Council to be constituted under this Act shall
be constituted, on
such day as the Federal Government may, by
notification in the official Gazette, specify.
8.
Election to Provincial Bar
Council not to be questioned on certain grounds.-No election of a member to
a Provincial Bar Council shall be called in question on
the ground merely that due
notice thereof has not been given to any person entitled to vote thereat, if
notice of the date, has not less than thirty days before that date, been
published in the official Gazette.
9.
Functions of a Provincial
Bar Council.--(1)
Subject to the provisions of this Act and the rules made thereunder, the
functions of a Provincial Bar Council shall be--
(a)
to admit persons as advocates on its roll; to hold examinations for
purposes of admission; to prepare and maintain a roll of such advocates [13][of
the province or Islamabad Capital Territory as well as of each [14][district];
and to remove advocates from such roll;
(b)
to admit persons as advocates entitled to practice before the High Court
and to prepare and maintain a roll of such advocates;
(c)
to entertain and determine cases of misconduct against advocates on its
rolls and to order punishment in such cases;
(d)
to safeguard the rights, privileges and interests of advocates on its
rolls, including initiation of measures for fair and in-expensive dispensation
of justice by the subordinate Courts and tribunals;
(e)
to promote and suggest law reform;
(f)
to manage and administer the property and funds of the Provincial Bar
Council and to invest any of its funds;
(g)
to conduct the election of its members;
[15][(h) to prescribe conditions for the recognition
and functioning of, and to recognise and derecognise, Bar Associations];
(i)
to perform all other functions conferred on it by or under this Act [16][[17]and
to comply with directions given to it by the Pakistan Bar Council from time to
time]; and
(j)
to do all other things necessary for discharging the aforesaid
functions.
(2) A Provincial Bar
Council may, in accordance with the rules framed by it, and within the limits
of the funds at its disposal for that purpose, make free legal aid available to
indigent litigants.
10. Committees of Provincial Bar Council.--(1) A Provincial Bar
Council shall constitute the following standing Committees, namely:-
(a)
an executive Committee consisting of a Chairman and not more than five
other members, to be elected by the Council from amongst its members;
32[... ]
33[(aa) a disciplinary Committee
consisting of not more than five members to be elected by the Council from
amongst its members; and]
(b)
one or more enrolment committees, each consisting of a Judge of the High
Court for the Province, or Islamabad
Capital Territory, as the case may be 34[….] nominated by the Chief
Justice of that High Court, who shall be its Chairman, and two other members
elected by the Council from amongst its members.
(2)
Each of the aforesaid committees shall have such powers and functions as
may be prescribed.
(3)
A Provincial Bar Council may constitute, from amongst its members such
other Committees as it may deem necessary for the performance of its functions
under this Act, and may authorise any such committee to co-opt as its members
any other persons, not exceeding such number as the Council may determine.
(4)
The Chairman of every committee shall be entitled to vote and; in case
of equality of votes among the members of the committee, shall have a second
vote.
CHAPTER IV
THE PAKISTAN BAR COUNCIL
35[11. Composition of Pakistan Bar Council.--(1) The Pakistan Bar
Council shall consist of the Attorney General for Pakistan, ex-officio, and twenty three members,
who shall be
33. Inserted, ibid, Section
7(b).
34. The words "or
Provinces, as the case may be" were omitted, ibid, Section 7(c).
35. The original Section 11
reads as under:--
"11.
Composition of Pakistan Bar Council.--(1) The Pakistan Bar Council shall
consist of the Attorney-General for Pakistan, ex-officio, and twenty [other] members, who shall be elected on the
basis of a single transferable vote, by the members of the Provincial Bar
Councils for the Provinces of North-West Frontier, the Punjab, Sindh [and]
Baluchistan.
(2) A member of a Provincial Bar Council who
is elected to be a member of the Pakistan Bar Council shall [not, by reason of
such election] cease to be a member of the Provincial Bar Council".
By the Legal Practitioners and Bar Councils
(Amendment) Act, 1973 (Act) XXXVI of 1973) Section 3, the following new
subsection (3) was added to Section 11, with effect from 9.6.1973:--
"(3) No election of a member to the
Pakistan Bar Council shall be called in question on the ground merely that due
notice thereof has not been given to any person entitled to vote thereat, if
the notice of the date has, not less than thirty days before that date, been
published in the official Gazette".
Section
11 was further amended through the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1978 (Ordinance XL of 1978) Section 7, with effect from 12.10.78, as
follow:-
(1) In sub-section (1):
(a) the word "other"
was omitted;
(b) for the word
"and" occurring for the second time a comma was substituted; and
(c) for the full-stop at the
end a colon was substituted and thereafter the following proviso was added:
"Provided that the Chairman of a
Provincial Bar Council shall not be elected to be a member of the Pakistan Bar
Council"
(2) In sub-section (2) the
words and commas "not; by reason of such election" , were omitted;
and
(3) After sub-section (3), the
following new sub-sections were added:
(4) A member may resign his
office by writing under his hand addressed to the Chairman of the Council.
elected
on the basis of a single transferable vote by the members of the Provincial Bar
Councils as hereinafter
specified:-
Baluchistan
..................................................................... 1
The North-West Frontier
Province .................................. 36[4]
The Punjab
..................................................................... 11 Sindh
...............................................................................
6
Islamabad Capital Territory……………................…………..1
37[(1A) The members of
Pakistan Bar Council shall be elected by single transferable vote from each
province and Islamabad Capital Territory by the members of their respective Provincial
Bar Council.]
(2)
A member of a Provincial Bar Council who is elected to be a member of
the Pakistan Bar Council shall cease to be a member of the Provincial Bar
Council.
(3)
No election of a member to the Pakistan Bar Council shall be called in
question on the ground merely that due notice thereof has not been given to any
person entitled to vote thereat, if the notice of the date has, not less than
thirty days before that date, been published in the official Gazette.
(4)
A member may resign his office by writing under his hand addressed to
the Chairman of the Council.
38[(5) …… Omitted]
39[11A. Qualifications for membership of Pakistan Bar Council.--A
person shall be qualified to be elected as a member of the Pakistan Bar Council
if he--
(a)
is on the roll of Advocates of the Supreme Court maintained by the
Pakistan Bar Council;
(b)
has, on the day of the filling of the nomination paper, been an Advocate
for not less than 40[fifteen] years; and
(c)
has cleared all the dues payable by him to the Pakistan Bar Council.
(5)
A member shall cease to be a member if he is appointed to an office of
profit in the service of Pakistan or is suspended or removed from practice
under the provisions of Chapter VII".
By the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 8, sub-section
(1) was substituted by the following with effect from 15.7.1982:-
"(1) The Pakistan Bar Council shall
consist of the Attorney-General for Pakistan, ex-officio, and twenty members, who shall be elected on the basis
of a single transferable vote by the members of the Provincial Bar Councils as
hereinafter specified:-
Baluchistan
..............................................................................................
1
The
North West Frontier Province
........................................................... 2
The
Punjab
..............................................................................................
11
Sindh
....................................................................................................
6
(1A) In addition to the members referred to in
sub-section (1), there shall be in the Pakistan Bar Council two members to be
co-opted by the Council from amongst persons who have been Advocates of the Supreme
Court for a period of not less than fifteen years and are qualified to be
members of the Council".
36. Substituted for the figure
“2” vide Act No. XII of 2005.
37. Present sub-section (1A)
was inserted through the Legal Practitioners and Bar Councils (Amendment) Act,
2005 (Act XII of 2005).
38. Sub-section (5) was
omitted, vide Ordinance No. XVII of 1982 as above.
39. Sections 11A, 11B and 11C
were inserted by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 9, with effect from 15.7.1982.
40. Substituted for word “ten” vide Act No. XII of 2005.
11B. Disqualifications for membership of Pakistan Bar Council.--A person shall be
disqualified to be elected as a member of the Pakistan Bar council if he--
(a)
was dismissed or removed from the service of Government or of a public
statutory corporation; or
(b)
has been convicted for an offence involving moral turpitude; or
(c)
has been found guilty of professional misconduct; or
(d)
has been declared a tout; or
(e)
is an undischarged insolvent.
11C. Cessation of membership of Pakistan Bar Council.--A member of the Pakistan
Bar Council shall cease to be such member if he-
(a)
is appointed to an office of profit in the service of Pakistan; or
(b)
is suspended or removed from practice under the provisions of Chapter
VII; or (c) incurs any of the
disqualifications specified in Section 11B].
12. Chairman and Vice-Chairman of the Pakistan Bar Council.--(1) The AttorneyGeneral for
Pakistan shall be the Chairman, ex-officio,
of the Pakistan Bar Council.
[18][(1A) If a member of the
Pakistan Bar Council is appointed as the Attorney-General for Pakistan or as
the Advocate-General for a Province and Islamabad Capital Territory, his seat
in the Council shall become vacant].
(2)
There shall be a Vice-Chairman of the Pakistan Bar Council who shall be
elected in the prescribed manner by the members of that Council from amongst
themselves.
(3)
Subject to the provisions of sub-section (7), the election of the
Vice-Chairman shall be held as soon as may be after the commencement of every
year and in any case not later than thirty-first day of January.
(4)
Subject to the provisions of sub-sections (5) and (6), the Vice-Chairman
shall hold office [19][until
his successor enters upon his office].
(5)
A Vice-Chairman may resign his office by writing under his hand
addressed to the Chairman.
(6)
A Vice-Chairman shall vacate his office if he is appointed to an office
of profit in the service of Pakistan or is suspended or removed from practice
under the provisions of Chapter VII.
(7)
Where the office of a Vice-Chairman becomes vacant, an election to the
vacant office shall be held in the manner prescribed under sub-section (2),
within thirty days of the office becoming vacant.
(8)
The Chairman and the Vice-Chairman shall have such powers and functions
as may be prescribed.
13. Functions of the Pakistan Bar Council.--43[(1)] Subject to the
provisions of this Act and the rules made thereunder, the functions of the
Pakistan Bar Council shall be.—
(a) to prepare and maintain a common roll of advocates;
44[(b) to admit persons as
advocates entitled to practise before the Supreme Court and to prepare and
maintain a roll of such advocates and to remove advocates from such roll;
(c)
to entertain and determine cases of misconduct against advocates of the
Supreme Court and to award
punishment in such cases;]
(d)
to lay down standard of professional conduct and etiquette for
advocates;
(e)
to lay down the procedure to be followed by its Committees;
(f)
to safeguard the rights, privileges and interests of advocates including
initiation of measures for fair and inexpensive dispensation of justice by the
subordinate Courts and tribunals;
(g)
to promote and suggest law reform;
(h)
to deal with and dispose of, and to tender advice in relation to any
matter arising under this Act which may be referred to it by a Provincial Bar
Council;
(i)
to exercise general control and supervision over the Provincial Bar
Councils 45[and to issue directions to them from time to time].
(j)
to promote legal education and prescribe standards of such education in
consultation with the universities in Pakistan and the Provincial Bar Councils;
(k)
to recognize universities whose degree in law shall be a qualification
for enrolment as an advocate;
43. Section 13 was re-numbered
as sub-section (1) of that Section with effect from 15.7.82 vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of
1982) Section 11, and new sub-sections (2) and (3) were added. See foot note
No. 38 also.
44. Clauses (b) and (c) of
sub-section (1) of Section 13, read as under, were omitted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of
1985) Section 3, with effect from 2.3.1985:
"(b) to admit persons as advocates
entitled to practise before the Supreme Court and to prepare and maintain a
roll of such advocates and to remove advocates from such roll;
(c) to entertain and determine cases of
misconduct against advocates of the Supreme Court in relation to proceedings in
that Court and to award punishment in such cases;"
Through the Legal Practitioners and Bar
Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 4 (a), the present
text of clauses (b) and (c) was inserted with effect from 25.8.1987.
45. Added by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 11(a)(i), with effect from 15.7.1982.
(I) to manage and administer the property and funds of the Pakistan
Bar Council, and to invest any of its funds;
46[(la) to provide free legal
aid;
(Ib) to hold conferences,
seminars, moots, lectures, jurist conferences and other meetings for promoting
legal knowledge and learning in the legal profession;
(Ic) to prescribe
conditions for the recognition and functioning of, and to recognise and
derecognise, the Supreme Court Bar Association or any Bar Association at the
national level;
(Id) to give directions in
accordance with the provisions of this Act to the Provincial Bar Councils in
respect of the recognition, derecognition and functioning of Bar Association];
(m)
to perform all other functions conferred on it by or under this Act;
(n)
to do all other things necessary for discharging the aforesaid
functions.
47[(2) Any person aggrieved
by an order or decision of a Provincial Bar Council
Islamabad Bar Council, [the
Supreme Court Bar Association or a Bar Association at the national level] may,
within thirty days of such order or decision, prefer an appeal to the Pakistan
Bar Council, whose decision in such appeal shall be final].
48[(3) The provisions of
sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply to
appeals under sub-section (2)].
14.
The first Pakistan Bar
Council.--As
soon as may be, after the constitution of the Provincial Bar Councils and
Islamabad Bar Council under this Act, the first Pakistan Bar Council shall be
constituted in accordance with the provisions of Section 11.
15.
Committees of the Pakistan
Bar Council.--(1)
The Pakistan Bar Council shall constitute the following Committees, namely:--
(a) a disciplinary
Committee consisting of a Judge of the Supreme Court nominated by the Chief
Justice of Pakistan, who shall be its Chairman, and four other members elected
by the Council from amongst its members:
46. Inserted, ibid, Section
11(a)(ii).
47. The following new
sub-sections (2) and (3) were added to Section 13 on 15.7.82 by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section
11(1):--
"(2)
Any person aggrieved by an order or
decision of a Provincial Bar Council may, within thirty days of such order or
decision, prefer an appeal to the Pakistan Bar Council, whose decision in such
appeal shall be final.
(3) The Pakistan Bar Council may at any time,
of its own motion or otherwise, call for the record of any proceeding which is
pending before, or of any meeting which has been held by, a Provincial Bar
Council or Bar Association, for the purpose of satisfying itself as to the
correctness, legality or propriety of anything done therein, and may give such
directions in relation thereto as the Pakistan Bar Council may think fit; and
such directions shall be binding both on the Provincial Bar Council or Bar
Association concerned and the person to whom it relates."
By the Legal Practitioners and Bar Councils
(Amendment) Act, 1987, (Act VIII of 1987) Section 4(b), the words "the
Supreme Court Bar Association or a Bar Association at the national level"
were inserted between the words "Provincial Bar Council" and
"may" in sub-section (2), with effect from 25-8-87.
48. Substituted, ibid, Section
4 (c), for sub-section (3), mentioned under foot note No. 38.
Provided
that the Attorney-General for Pakistan shall not be a member
of the disciplinary
Committee;
(b)
an executive Committee consisting of seven members elected by the
Council from amongst its members; and
(c)
an enrolment Committee consisting of a Judge of the Supreme Court
nominated by the Chief Justice of Pakistan, who shall be its Chairman, and two
other members elected by the Council from amongst it members.
(2)
The Pakistan Bar Council may constitute from amongst its members such
other Committees, including a legal education Committee, as it may deem
necessary for the performance of its functions under this Act, and may
authorize any such Committee to co-opt as its members any other persons, not
exceeding such number as the Council may determine.
(3)
The Chairman of every Committee shall be entitled to vote and, in case
of equality of votes among the members of the Committee, shall have a second
vote.
CHAPTER V
GENERAL PROVISIONS RELATING TO BAR COUNCILS
16. Filling of casual vacancies.--If the seat of a member of a Bar Council becomes
vacant during the term of office of the Council,--
49(a) In case of the Pakistan
Bar Council, the vacancy shall be filled by the person who received in the last
elections from the same province the highest number of single transferable
votes next after the member, the vacancy in whose seat
49. The Original clauses (a)
and (b) of Section 16, read as under--
"(a) for filling a vacancy in the Pakistan
Bar Council, the provisions of Section 11 shall apply mutatis mutandis; and
(b)
for filling a vacancy in a
Provincial Bar Council, the provisions of Section 5 shall apply mutatis mutandis".
These clauses were substituted by the
following through the Legal Practitioners and Bar Councils (Amendment) Act,
1975 (Act Lll of 1975) Section 2, with effect from 26.7.1975--
"(a) in the case of the Pakistan Bar
Council, the vacancy shall be filled by a person elected in accordance with the
provisions of Section 11; and
(b) in the case of a Provincial Bar Council,
the vacancy shall be filled by the person who received, in the same election
and from the same districts or, as the case may be, group of districts, the
highest number of votes next after the member the vacancy in whose seat is to
be filled or if there be no such person by a person eligible for election to
that Council from the same district, as the case may be, group of districts,
who is co-opted by the Provincial Bar Council."
The above clauses were again substituted, with
effect from 15.7.82, by the following vide Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 12:-
"(a) In the case of the Pakistan Bar
Council, the vacancy shall be filled by a person who is co-opted by the
Pakistan Bar Council from amongst persons belonging to the same province to
which the vacancy relates who are qualified to be members of the Pakistan Bar
Council; and
(b) in the case of a Provincial Bar Council,
the vacancy shall be filled by a person who is co-opted by the Provincial Bar
Council from amongst persons belonging to the district or districts to which
the vacancy relates who are qualified to be members of the Provincial Bar
Council."
Clauses (a) and (b) were again amended through
the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 5.
Clause (a) of Section 16 earlier brought about
vide Act VIII of 1987 was substituted by the present one through Act No. XII of
2005.
is to be filled or if there
be no such person then the vacancy shall be filled by a person elected in
accordance with the provisions of Section 11;
(b) in the case of a
Provincial Bar Council or Islamabad Capital Territory, the vacancy shall be
filled by the person who received, in the same election and from the same
district or, as the case may be, group of districts, the highest number of
votes next after the member the vacancy in whose seat is to be filled, or if
there be no such person, by a person eligible for election to that Council from
the same districts or, as the case may be, group of districts, who is co-opted
by the Provincial Bar council or Islamabad Capital Territory].
17.
Funds of Bar Councils.--(1) All sums received by a
Provincial Bar Council and Islamabad Bar Council as enrolment fees or as
grants, donations or subscriptions shall form part of the fund of that Council
and that fund, subject to the provisions of sub-section (2), shall be managed,
administered and utilized in such manner as may be prescribed.
50[(2) Every person applying
for enrolment as an advocate or an advocate of the High Court shall pay
one-third of the prescribed fee to the Pakistan Bar Council and the balance to
the Provincial Bar Council and Islamabad Bar Council concerned or Islamabad Bar
Council, as the case may be, in such manner as may be prescribed by the
Pakistan Bar Council].
(3) All sums received by
the Pakistan Bar Council under sub-section (2) or as enrolment fees, grants,
donations or subscriptions shall form part of the fund of that Council and that
fund shall be managed, administered and utilized in such manner as may be
prescribed.
18.
Accounts and Audit.--(1) Every Bar Council shall
cause to be maintained such books of accounts and other books in such form and in
such manner as may be prescribed.
(2)
The accounts of a Bar Council shall be audited by an auditor who is a
chartered accountant within the meaning of the Chartered Accountants Ordinance,
1961 (X of 1961), at such times and in such manner as may be prescribed.
(3)
As soon as the accounts of a Provincial Bar Council have been audited,
that Bar Council shall send a copy of such accounts, together with a copy of
the report of the auditor thereon, to the Pakistan Bar Council.
19.
Vacancies in Bar Councils,
etc., not to invalidate action taken.--No act done by a Bar Council or any Tribunal or
Committee thereof shall be called in question on the ground merely of the
existence of any vacancy in, or any defect in the constitution of, such
Council, Tribunal or Committee.
50. Originally framed
sub-section (2) of Section 17 reads:
"(2)
Every Provincial Bar Council shall within thirty days of the close of a
financial year pay to the Pakistan Bar Council a sum equal to [twenty] percent,
of the total sum received by it during that financial year as enrolment fees
and fees for permission to practice before the High Court."
By
the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance
XL of 1978) Section 9, the word "twenty" appearing in original
sub-section (2) was substituted by the words "thirty three and one
third"
The amended sub-section (2), as
aforementioned, was substituted by the present text, vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 13, with effect from 15.7.1982.
20. Indemnity.--No suit or other legal proceedings shall lie against any Bar Council or
any Committee, Tribunal, member, officer or servant of the Bar Council for any
act in good faith done or intended to be done in pursuance of the provisions of
this Act or the rules made thereunder.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTICE,
SENIORITY, PRE-AUDIENCE, ETC.
21. Classes of advocates.--There shall be the following four classes of
advocates, namely:-
(a)
senior advocates of the Supreme Court;
(b)
advocates of the Supreme Court 51[including
advocates-on-record]; (c) advocates of the High Court; and (d) other advocates.
22. Right of advocates to practice.--(1) Save as otherwise provided in this Act, no
person shall be entitled to practice the profession of law unless he is an
advocate.
52[(2) Subject to the provisions of this Act and
the Rules made thereunder,--
51. Added through Act No. XII
of 2005.
52. The original sub-section
(2) of Section 22 reads as under:
"(2)
Subject to the provisions of this Act, the rules made thereunder and any other
law for the time being in
force,--
(a) an advocate of the Supreme
Court or a High Court shall be entitled as of right to practice throughout
Pakistan, and to appear, act and plead before any Court or tribunal in
Pakistan; and
(b) any other advocate shall be
entitled as of right to practice throughout the Province or Provinces for
which the Bar Council, on whose roll his name is
entered, has been constituted, and to appear, act and plead before any Court or
tribunal in such Province or Provinces other than the High Court."
By the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1985 (Ordinance XVI of 1985), Section 4, for the
original sub-section (2) of Section 22, as aforementioned, the following was
substituted with effect from 2.2.1985:--
"(2) Subject to Article 207 of the
Constitution and the provisions of this act and the rules made thereunder, an
advocate shall be entitled as of right to practice,--
(a) in the case of an Advocate of the Supreme
Court, in the Supreme Court, and in or before any High Court or other Court,
tribunal, person or authority who or which is legally authorized to take
evidence: and
(c) in the case of any other
Advocate,--
(i)
in the High Court of which he is an Advocate;
(ii)
save as otherwise provided by sub-section (2-A) or by or under any other
law for the time being in force, in any other Court in Pakistan, including a
High Court, and before any other tribunal or person legally authorized to take
evidence; and
(iii) before any other authority
or person before whom such Advocate is by or under the law for the time being
in force entitled to practise.
(2A) Where rules have been made by any High
Court regulating the conditions subject to which Advocates of other High Courts
may be permitted to practise in the High Court, such Advocates shall not be
entitled to practise therein otherwise than subject to such conditions."
Sub-section (2), as aforementioned, was again
amended and substituted through the Legal Practitioners and Bar Councils
(Amendment) Act, 1987 (Act VIII of 1987) Section 6, with effect from 25.8.1987.
The present taxt of sub-section
(2) of Section 22 was substituted through Act No. XII of 2005.
(a)
an advocate of the Supreme Court shall be entitled as of right to
practice throughout Pakistan and to appear, act and plead before any Court or
Tribunal or any Judicial authority in Pakistan;
(b)
an advocate of a High Court shall be entitled as of right to practice
throughout Pakistan and to appear, act and plead before any Court, Tribunal or
any
Judicial authority in
Pakistan except the Supreme Court; and
(c)
any other advocate shall be entitled as of right to practice throughout
the Province “and Islamabad Capital Territory”
where he is enrolled to appear, act and plead before any Court,Tribunal
or any Judicial authority in such Province “and Islamabad Capital
Territory”other than the High Court
(2A) Where rules have been
made by any High Court regulating the conditions subject to which advocates of
other High Courts may be permitted to practice in the High Court, such
advocates shall not be entitled to practice therein otherwise than subject to
such conditions].
(3) No advocate shall
appear or act for any person in any Court or tribunal unless he has been
appointed for the purpose by such person by a document in writing signed by
such person or his recognized agent or some other person duly authorized by him
to make such appointment, and such document has been filed in such Court or
tribunal:
Provided that nothing in
this sub-section shall apply to-
(a)
a public Prosecutor or any advocate appointed by the state; or
(b)
an advocate when appearing on behalf of another advocate, if the
advocate so appearing has filed a memo of appearance:
Provided further that an
advocate may be allowed to appear for an accused in custody on his undertaking
to file the document required under this sub-section.
53[23. Roll of advocates of the Supreme Court.--The Pakistan Bar
Council shall prepare and maintain a roll of advocates of the Supreme Court in
which shall be entered the names of all persons who are senior advocates or
advocates including advocates-on-record, entitled to practice in the Supreme
Court.]
53. The original Section 23
reads as under:--
"23.
Admission and enrolment of Advocates of the Supreme Court.--The Pakistan
Bar Council shall prepare and maintain a roll of advocates of the Supreme Court
in which shall be entered the names of,--
(a) all persons who were as
advocates, senior advocates or advocates on record, entitled to practice in the
Supreme Court immediately before the
commencement of this Act; and
(b) all persons who are
admitted as advocates of the Supreme Court under the provisions of this
Act."
By the Legal Practitioners and Bar Councils
(Amendment) Ordinance. 1984 (Ordinance XVI of 1984), Section 2, the following
proviso was added to Section 23, with effect from 23.5.1984:
"Provided that no person shall call
himself, or hold himself out as an Advocate of the Supreme Court until he has
signed the roll of Advocates kept under the Rules of the Supreme Court, and the
right of a person to appear, act and plead before that Court shall be subject
to the said Rules".
By the Legal Practitioners and Bar Councils
(Amendment) Ordinance. 1985 (Ordinance XVI of 1985) Section 5, the aforesaid
Section 23, as amended, was omitted with effect from 2.3.1985.
Section 23 was again amended with effect from
25.8.87, by the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act
VIII of 1987) Section 7.
The present text of Section 23 was
substituted for previous one through Act No. XII of 2005.
24.
Admission and enrolment of
Advocates of the High Court.--[20][…….] Each Provincial Bar
Council shall prepare and maintain 55[for the Province and Islamabad Capital
Territory and each 56[District] in the Province and Islamabad Capital Territory
two separate rolls] of advocates of the High Court in which shall be entered
the names of,--
(a)
all persons who were, as advocates, entitled to practice in the High
Court immediately before the commencement of this Act; and
(b)
all persons who are admitted as advocates of the High Court under the
provisions of this Act.
25.
Admission and enrolment of
other advocates.--[22][(1)] Each Provincial Bar
Council shall, besides the 59[rolls] of
advocates to be prepared and maintained by it under Section 24, prepare and
maintain 60[for the Province “and Islamabad Capital Territory” and each
“District in the Province and Islamabad Capital Territory” two separate rolls]
of advocates in which shall be entered the names of--
(a)
persons who were, as advocates entitled to practise in any Court
subordinate to the High Court immediately before the commencement of this Act;
and
(b)
all persons who are admitted as advocates under the provisions of this
Act.
26.
Persons qualified for
admission as advocates.--[24][ ] Subject to the
provisions of this Act and the rules made thereunder, a person shall be
qualified to be admitted as an advocate if he fulfils the following conditions,
namely:-
(a)
he is a citizen of Pakistan or a person deriving his nationality from
the State of Jammu and Kashmir:
Provided that, subject to the other provisions
of this Act, a national of any other country [25][[26]who
has resided in Pakistan for a period of not less than one year immediately
preceding the day on which he applies for admission] may be admitted as an
advocate if citizens of Pakistan duly qualified are permitted to practise law
in that other country;
(b)
he has completed the age of twenty-one years;
(c)
he is a Barrister or is or was enrolled as an advocate of a High Court
in any area which before the fourteenth day of August, 1947, was comprised
within India as defined by the Government of India Act, 1935 (26 Geo. 5, c 2),
or has obtained--
(i)
before the 7th day of February, 1966, a degree in law from any
university in Pakistan; or
(ii)
before the fourteenth day of August, 1947, a degree in law from any
university in any area which was comprised before that date within India as
defined by the Government of India Act, 1935 (26 Geo 5, c 2); or
[27](iii)
a degree in law from a university in Pakistan or abroad recognized by the
Pakistan Bar Council; and]
(d)
he has undergone such course of training and passed such examination
after the training as may be prescribed by the Pakistan Bar council:
Provided that this clause shall not apply to
any class of persons who, by reason of their legal training or experience, are
declared by the Pakistan Bar Council to be exempt from the provisions of this
clause; and
(e)
he has paid such enrolment fee and fulfils such other conditions as may
be prescribed by the Pakistan Bar Council.
(3) Omitted]
27.
Persons qualified for
admission as advocates of a High Court.--Subject to the provisions of this Act and the
rules made thereunder, a person shall be qualified to be admitted as an
advocate of a High Court if he fulfils the following conditions, namely:-
(a)
he has practised as an advocate, vakil or pleader before subordinate
Courts in Pakistan for a period of not less than two years; or
(b)
he has practiced outside Pakistan as an advocate before any High Court
specified in this behalf by the Pakistan Bar Council; or
(c)
he has, for reason of his legal training or experience, been exempted by
the Provincial Bar Council, with the previous approval of the High Court, from
the requirements of clause (a) and clause (b); and
(d)
he has paid such enrolment fee and fulfils such other conditions as may
be prescribed by the Pakistan Bar Council.
[29][28. Persons qualified for admission as advocates of the Supreme Court.-Subject
to the provisions of this Act and the rules made thereunder, a person shall be
qualified to be admitted as a senior advocate and an advocate of the Supreme
Court including an advocate-on-record if he fulfils such conditions as may be
laid down in this behalf from time to time by the Rules of Pakistan Bar Council
and has paid such enrolment fee or other dues as may be prescribed by that
Council.]
[30][28A. Persons disqualified to be enrolled as advocate.--A person
shall be disqualified from being admitted as an advocate of any Court if--
(a)
he was dismissed or removed from service of Government or of a public
statutory corporation on a charge involving misconduct or moral turpitude; or
(b)
he has been convicted for an offence involving moral turpitude by a
Court; or
(c)
he has been declared a tout and such declaration has not been
withdrawn.]
29.
Eligibility of women for
admission.--No
woman shall be disqualified for admission as an advocate for reason only of her
sex.
30.
Authority to whom
applications for enrolment may be made.--An application for admission as an advocate,
other than an advocate of the Supreme Court, shall be made in the prescribed
form to the Provincial Bar Council within whose jurisdiction the applicant
proposes to practise generally [31][;
and an application for admission as an advocate of the Supreme Court shall be
made in the prescribed form to the Pakistan Bar Council.]
31.
Disposal of applications
for admission as an advocate.--(1) All applications for admission as an
advocate received by a Bar Council shall be referred to its enrolment
Committee.
(2)
The enrolment Committee may either grant the application or return it to
the Bar Council recording its reasons for not granting the application.
(3)
Where any application is returned to a Bar Council under sub-section
(2), the Bar Council may, after considering the reasons recorded by the
enrolment Committee, either grant or reject the application.
32.
Appeal against order of
rejection.--Where
any application for admission as an advocate is rejected by a Provincial Bar
Council, the applicant may, within such period and in such manner as may be
prescribed, appeal to the enrolment Committee of the Pakistan Bar Council, and
the decision of that Committee on such appeal shall be final.
33.
No applicant rejected by
one Provincial Bar Council or Islamabad Bar Council to be enrolled by another
such Council.--Where
a Provincial Bar Council or Islamabad Bar Council has rejected the application
of any person for admission as an advocate,--
(a)
it shall circulate to all the other Provincial Bar Councils or Islamabad
Bar Council the name of such person together with the reasons for the rejection
of his application;
(c)
no other Provincial Bar Council or Islamabad Bar Council shall entertain an
application for admission of such person as an advocate except with the
previous consent in writing of the Provincial Bar Council or Islamabad Bar Council
which rejected the application.
34.
Payment of fees.--(1) The Pakistan Bar
Council may prescribe the following fees, namely--
(a)
fee for enrolment as an advocate or an Advocate of the High Court, which
shall be fixed after consultation with the High Court, to be paid to the
Provincial Bar Council [32][and
the Pakistan Bar Council in accordance with sub-section (2) of Section 17].
[33][34][(b) fee for enrolment as
an advocate of the Supreme Court which shall be fixed after consultation with
the Supreme Court, to be paid to the Pakistan Bar Council; and]
(c) annual fee payable by advocates to the Bar Council on whose
roll their names are entered:
Provided that no person whose name is entered on
the roll under clause (a) of
Section 25, clause (a) of
Section 24 71[or clause (a) of Section 23] as an advocate, an
advocate of the High Court [35][or
an advocate of the Supreme Court] shall be required to pay the fee for
enrolment as such advocate.
(2)
The fee referred to in clause (a) [36][or
clause (b)] of sub-section (1) may be paid in such instalments, if any, as may
be prescribed.
(3)
The annual fee referred to in clause (c) of sub-section (1) shall be
paid by such date as may be prescribed.
(4)
If an advocate fails to pay an instalment of fee or the annual fee
payable by him by the prescribed date he shall be liable to pay such further
fee for late payment as may be prescribed:
Provided that, if he fails
to pay such instalment of fee within a period of six months following the date
on which it becomes due, he shall by notice be asked to show cause why his name
be not struck off the roll of advocates and if the explanation is
unsatisfactory his name shall be struck off the roll of advocate and shall be
not restored except upon payment of the installment or fee due and such penalty
not exceeding the amount of such installment or fee as may be prescribed,
unless the enrolment Committee, having regard to the circumstances of the case,
exempts any person from the payment of such penalty.
35.
Order in which names shall
be entered in the roll.--(1) Entries in the roll shall be made in the order of seniority and such
seniority shall be determined as follows, namely--
(a)
all such persons as are referred to in [37][clause
(a) of Section 23,] clause (a) of Section 24 or clause (a) of Section 25 shall
be entered first in the order in which they were respectively entitled to
seniority inter se immediately before the commencement of this Act; and
(b)
the seniority of any other person admitted, after that date, to be an
advocate or an advocate of the High Court 71[or an advocate of the
Supreme Court] shall be determined by the date of his admission:
Provided that, for the
purposes of clause (b), the seniority of a person who, before his admission as
an advocate, was entitled as of right to practise in any other High Court shall
be determined by the date on which he became so entitled.
(2) Where the date of
seniority of two or more persons is the same, the one senior in age shall rank
as senior to the other.
36.
Certificate of enrolment.--A Bar Council shall issue a
certificate of enrolment in the prescribed form to every person enrolled under
Section [38][31].
37.
Copy of roll to be kept
with 71[Supreme Court and] High Court.--70[(1) The Pakistan Bar Council shall send to the
Supreme Court an authenticated copy of the roll as prepared under Section 23
and shall thereafter communicate to the Supreme Court all alterations in, and
additions to, the roll as soon as the same have been made].
(2) The Provincial Bar
Council shall send to the High Court a copy of the rolls as prepared under
Section 24 and Section 25 and shall thereafter communicate to the High Court
all alterations in, and additions to, any such roll as soon as the same have
been made.
38.
Copies of rolls to be sent
to Pakistan Bar Council.--Each Provincial Bar Council shall send to the Pakistan Bar Council an
authenticated copy of the roll of advocates of the High Court and the roll of
the other advocates prepared by it for the first time under this Act and shall
thereafter communicate to the Pakistan Bar Council all alterations in, and
additions to, any such roll as soon as the same have been made.
39.
Common roll of Advocates.--The Pakistan Bar Council
shall prepare and maintain a common roll of advocates of the High Court and a
common roll of the other advocates which shall comprise the entries made in all
the Provincial rolls and Islamabad Bar Council
roll of the advocates of the High Court or as the case may be, of the other
advocates.
(2) Entries in the common
roll shall be in the order of seniority which shall be determined in accordance
with the principles laid down in Section 35.
72[39A. Cessation to practice as an advocate.--Any advocate who incurs
any of the disqualifications enumerated in Section 28A shall cease to be an
advocate and his name shall be removed from the concerned roll of the
advocates.
39B. Powers of disciplinary Committee.--If any person referred to
in Section 39A, practices in contravention of this Act or the Rules made
thereunder then--
(a)
in case of a senior advocate of the Supreme Court or advocate of the
Supreme Court including an advocate-on-record, the disciplinary Committee of
the Pakistan Bar Council; and
(b)
in case of any other advocate, the disciplinary Committee of a
Provincial Bar Council,
may of its own motion or
otherwise take cognizance thereof and proceed against him under this Chapter
for such disciplinary action as is provided by law, in addition to criminal
prosecution of such person under Section 58 of this Act.
39C. Provisions of Sections 39A and 39B to apply.--The provisions of Sections
39 A and 39B shall apply mutatis mutandis to an advocate who contravenes any
provision of this Act or the Rules made thereunder.]
40. Right of pre-audience.--(1) The Attorney General for Pakistan shall have
the right of pre-audience over all other advocates.
71. The words "Supreme
Court and " in the marginal heading of Section 37, and sub-section (1) of
the said Section were omitted on 2.3.85 by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1985
(Ordinance
XVI of 1985) Section 11. The same, as appears from the present text, were again
inserted on
25.8.87
through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act
VIII of 1987) Section
13.
72. Added through Act XII of
2005.
(2)
Subject to sub-section (1), the Advocate General of a Province or
Islamabad Capital Territory shall have the right of pre-audience over all other
advocates; and the right of preaudience among the Advocates-General shall be
determined by the date of appointment to their respective offices. 73[(2A)
Omitted];
(3)
The right of pre-audience among other advocates shall be determined by
their seniority inter se.
74[(4) Omitted]
75[CHAPTER
VII]
CONDUCT OF ADVOCATES
41. Punishment of advocates for misconduct.--76[(1) An advocate may, in
the manner hereinafter provided, be reprimanded, suspended, removed from
practice or be
73. Omitted through Act No. XII
of 2005.
74. Omitted through Act No. XII
of 2005.
75. The original Chapter VII
relating to "Conduct of Advocates" reads as follow:
“CHAPTER VII--CONDUCT OF ADVOCATES
41. Punishment of Advocates for misconduct.—(1) An advocate may, in the
manner hereinafter provided, be reprimanded, suspended or removed from practice
if he is found guilty of professional or other misconduct.
(2) A complaint that an advocate
has been guilty of misconduct may be made by any Court or person.--
(a) In the case of an advocate
of the Supreme Court in relation to the proceedings of that Court, to the
Pakistan Bar Councils; and
(b) in any other case, to the
Provincial Bar Council.
(3) Every complaint against an
advocate made under sub-section (2), except where the complaint has been made
by a Court, shall be accompanied by a fee of ten rupees.
(4) Upon receipt of a complaint
made to it under sub-section (2) against any advocate, the Bar Council shall,
unless it summarily rejects the complaint, refer the case:--
(a) if the complaint in respect
of failure to render professional service for fee paid, or to return papers, or
to repay balance of money received, for conciliation to a conciliation Committee
appointed by it and consisting of two persons selected out of a panel of senior
advocates practicing in the district in which such advocate practises generally
(hereinafter referred to as the Conciliation Committee); and
(b) if the complaint discloses
actions involving moral turpitude, or defeat of justice or serious breaches of
professional conduct, for inquiry Committee appointed by it and consisting of
two persons selected as aforesaid (hereinafter referred to as the Inquiry
Committee);
Provided
that the Bar Council shall not summarily reject a complaint made by the Supreme
Court or a High Court.
(5) If a Bar Council has reason
to believe that an advocate has been guilty of misconduct, it may, of its own
motion, refer the case to an Inquiry Committee.
(6) An inquiry into, and
conciliation proceedings in relation to, a complaint against an advocate, shall
be held at the headquarters of the Bar Council or of the district in which he
practices generally.
(7) A Conciliation Committee
shall proceed to conciliate in the matter referred to it for conciliation
and.--
(a) if a settlement is arrived
at in the course of the proceedings before it, shall send a report thereof to
the Bar Council concerned together with a memorandum of settlement signed by
the parties to the proceedings; and
(b) if no settlement is arrived
at as aforesaid shall inform the Bar Council concerned of such failure.
(8) An Inquiry Committee shall,
after making such inquiry and giving the parties opportunity of being heard as
it may consider necessary, make a report for a final hearing and decision to a
tribunal specified by the Bar Council in this behalf.
(9) An Inquiry Committee may,
where it considers it necessary so to do, require the person making a
complaint, except where the complaint has been made by a Court, to deposit with
the Committee as security for costs, such sum as it may specify.
made to pay such amount of
compensation, fine or penalty as may be ordered, if he is found guilty of
professional or other misconduct.]
42. Tribunals of Bar Councils.--(1) The Pakistan Bar Council may constitute one
or more Tribunals each consisting of two of its members elected by it for the
purpose and a Judge of the Supreme Court nominated by the Chief Justice of
Pakistan, who shall be the Chairman.
(2) A Provincial Bar Council may constitute
one or more Tribunals each consisting of two of its members elected by it for
the purpose and a Judge of the High Court nominated by the Chief Justice of
that Court, who shall be the Chairman.
43. Procedure in inquiries.--(1) In inquiries relating to conduct of
advocates, the Tribunal shall, except as hereinafter provided, follow such
procedure as may be prescribed.
(2) The Tribunal shall fix a
date for the hearing of the case and shall cause notice of the day so fixed to
be given to the complainant, to the advocate concerned and to the Advocate-
General of the Province and shall afford to the complaint, the advocate
concerned and the Advocate-General an opportunity of leading evidence, if any,
and of being heard before orders are passed in the case.
(3) The chairman of the
Tribunal may empower one of the members of the Tribunal to consider and decide
preliminary issues and to record evidence.
(4) The Tribunal may, where it
considers it necessary so to do, require the person making a complaint, except
where the complaint has been made by a Court, to deposit with the Tribunal, as
security for costs, such sum as it may specify.
(5) On completion of the
inquiry, the Tribunal may either dismiss the complaint or, where reference to
the
Inquiry Committee on whose report the matter has
come before the Tribunal was made at the motion of a Bar Council, direct that
the proceedings be filed: or it may make an order imposing any of the penalties
referred to in sub-section (1) of Section 41.
(6) Where the Tribunal makes an
order for the suspension of an advocate from practice, it shall specify the
period of suspension, and for that period the advocate shall be debarred from
practising in any Court or before any authority or person in Pakistan.
(7) The Tribunal may, of its
own motion or on application made to it in this behalf, review any order passed
under sub-section (5) and maintain, vary or rescind the same, as it thinks fit.
(8) When any advocate is
reprimanded .or suspended from practice under this Act, a record of the
punishment shall be entered against his name in the Provincial roll or, as the
case may be, the roll of advocates of the Supreme Court maintained by the
Pakistan Bar Council, and the common roll, and when advocate is removed from
practice his name shall forthwith be struck off the roll; and the certificate
of any advocate so suspended or removed shall be recalled.
44. Order as to costs.--(1) An Inquiry Committee and a Tribunal may make such order as to costs
of proceedings before it as it may deem fit; and where the Committee or, as the
case may be, the Tribunal is of the opinion that the complaint made against an
advocate is false and vexatious, it may, without prejudice to any other remedy
available to the advocate, impose upon the complainant compensatory costs not
exceeding a sum of five hundred rupees:
Provided
that no order under this sub-section shall be made against a Court or the
presiding officer of a Court.
(2) The Tribunal may, on an
application made to it in this behalf within the prescribed period, revise any
order passed by the Inquiry Committee under sub-section (1) or, of its own
motion or on application so made, review any order passed by the Tribunal under
that sub-section and may, in either case, maintain, vary or rescind the same,
as it thinks fit.
(3) Subject to sub-section (2),
every order of the Inquiry Committee or the Tribunal under sub-section (1) shall
be executable,--
(a) if the Committee is
appointed, or the Tribunal is constituted, by the Pakistan Bar Council, as if
it were an order of the Supreme Court; and
(b) if the Committee is
appointed or the Tribunal is constituted, by a Provincial Bar Council, as if it
were an order of the High Court.
45. Powers of the Tribunal and Inquiry Committee in Inquiries.--(1) For the purposes of any
such inquiry as aforesaid, an Inquiry Committee and a Tribunal shall have the
same powers as are vested In a Court under the Code of Civil Procedure, 1908
(Act V of 1908), in respect of the following matters namely,-- (a) enforcing the attendance of any person,
(2)
A complaint that an advocate has been guilty of misconduct may be made
by any Court or person.--
(a)
in the case of an advocate of the Supreme Court to the Pakistan Bar
Council; and
(b)
in any other case, to the Provincial Bar Council Islamabad Bar Council
as the case may be.
(3)
Every complaint against an advocate made under sub-section (2), except
where the complaint has been made by a Court, shall be accompanied by 77[such
fee as may be prescribed by the Pakistan Bar Council from time to time.]
(4)
Upon receipt of a complaint under sub-section (2) against any advocate,
the disciplinary Committee of the Bar Council may, unless it summarily rejects
the complaint,
(b) compelling the production
of documents, and
(c) issuing commissions for the
examination of witnesses:
Provided that the Inquiry Committee or the Tribunal
shall not have powers to require the attendance of the presiding officer of any
Civil or Criminal Court save with the previous sanction of the High Court or,
in the case of the presiding officer of a Revenue Court, of the Provincial
Government.
(2) Every such inquiry shall be
deemed to be a judicial proceeding within the meaning of Sections 193 and 228
of the Pakistan Penal Code (Act XLV of 1860); and an Inquiry Committee and a
Tribunal shall be deemed to be a Civil Court for the purposes of Sections 480
and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) For the purpose of
enforcing the attendance of any person or of compelling the production of
documents or issuing commissions—
(a) the local limits of the
jurisdiction of an Inquiry Committee and a Tribunal shall be those of the
jurisdiction of the Bar Council by which the Committee has been appointed or,
as the case may be, the Tribunal has been constituted; and
(b) an Inquiry Committee and a
Tribunal may send to any Civil Court having jurisdiction in the place where the
Committee or, as the case may be, the Tribunal is sitting, any summons or other
process for the attendance of a witness of the production of a document
required by the Committee or Tribunal, or any commission which it desires to
issue, and the civil Court shall serve such process or issue such commission,
as the case may be and may enforce any such process as if it were process for
attendance or production before itself.
(4) Proceedings before an Inquiry Committee or
a Tribunal in any such inquiry shall be deemed to be civil proceedings for the
purposes of Section 132 of the Evidence Act, 1872 (I of 1872), and the
provisions of that Section shall apply accordingly.
46. Disciplinary power of the Pakistan Council.--(1) Notwithstanding
anything contained in this Chapter, the Disciplinary Committee of the Pakistan
Bar Council may, of its own motion, withdraw for inquiry before itself any
proceedings for disciplinary action against any advocate pending before a
Provincial Bar Council or any Conciliation Committee or inquiry Committee
appointed by it, and dispose of the same.
(2) In disposing of any case
under this Section, the Disciplinary Committee of the Pakistan Bar Council
shall observe, so far as may be, the procedure laid down in Section 43, the
reference to the "Advocate-General" in that Section being construed
as reference to the "Attorney General for Pakistan".
(3) In disposing of any case
under this Section, the Disciplinary Committee of the Pakistan Bar Council may
make any order which the Tribunal can make under Section 43, and the Tribunal
shall give effect to any such order.
47. Appeal to the Pakistan Bar Council.--(1) Any person aggrieved by an order of a
Tribunal under Section 43 may, within sixty days from the date on which the order
is communicated to him, prefer an appeal to the Pakistan Bar Council.
(2) Every such appeal shall be heard by the
Disciplinary Committee of the Pakistan Bar Council which may pass such order
thereon as it may deem fit.
after making such enquiry
and giving the parties such opportunity of being heard as it may consider
necessary either reject the complaint or refer the same to a Tribunal for
decision:
Provided that the
disciplinary Committee shall not summarily reject a complaint made by the
Supreme Court or a High Court.
78[(4A) If a Bar Council has
reasons to believe that an advocate has been guilty of professional or other
misconduct, it may of its own motion refer the case to its disciplinary
Committee.]
(5)
Any person whose complaint is rejected by the disciplinary Committee
under sub-section (4) may within thirty days of the day on which the order of
the Committee is
48. Appeal to the Supreme Court.--Any person aggrieved by an order made by the
Disciplinary Committee of the Pakistan Bar Council under sub-section (3) of
Section 46 may, within sixty days from the date on which the order is
communicated to him, prefer an appeal to the Supreme Court which may pass such
order thereon as it may deem fit.
49. Application of Sections 5 and 12 of the Limitation Act, 1908.--The-provisions of Sections
5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall so far as may be,
apply to appeals made under Section 47 or Section 48.
50. Stay of order.--Any appeal made under Section 47 or Section 48 shall not operate as a
stay of the order appealed against but the Disciplinary Committee of the
Pakistan Bar Council or the Supreme Court, as the case may be, may, for
sufficient cause, direct the stay of such order on such terms and conditions as
it may deem fit.
51. Powers of the Disciplinary Committee.--The Disciplinary Committee
of the Pakistan Bar Council shall have the same powers as are vested in a
Tribunal by Section 45 and that Section shall apply to the Disciplinary
Committee, the reference to the 'Tribunal" in that Section being construed
as a reference to the "Disciplinary Committee of the Pakistan Bar
Council".
52. Cost of proceedings before a Disciplinary Committee.--The Disciplinary Committee
of the Pakistan Bar Council may make such order as to the costs of proceedings
before it as it may deem fit and any such order shall be executable as if it
were an order of the Supreme Court.
53. Review of order by a Disciplinary Committee.--The Disciplinary Committee
of the Pakistan Bar Council may of its own motion or otherwise review any order
passed by it under this Chapter.
54. Powers of Supreme Court and High Courts to suspend advocates from
practice.--(1)
The Supreme Court or a High Court may, while making a complaint under
sub-section (2) of Section 41 against an advocate, make an order for the
suspension of the advocate from practice if, after hearing such advocate, the
Court is of the opinion that he has committed an act of grave indiscipline in
the view of the Court or grave professional misconduct in relation to any
proceeding before it, and his immediate suspension is expedient or necessary in
the interest of administration of justice.
(2) On a complaint made to it
against an advocate by a Court subordinate to it, the High Court may,--
(a) make an order under
sub-section (1) in respect of such advocate if, after hearing him, it is of the
opinion that he has committed grave professional or other misconduct in
relation to any proceeding before such subordinate Court, and his immediate
suspension, pending the proceedings before the Bar Council, is expedient or
necessary in the public interest and forward the complaint to the Provincial
Bar Council for action in accordance with Section 41; or
(b) without making any order
under sub-section (1). forward the complaint to the Provincial Bar Council for
action in accordance with Section 41; or
(c) direct that no further
action need be taken in respect of the complaint.
(3) An order under sub-section (1) or
sub-section (2) for the suspension of an advocate from practice shall remain in
force until the complaint against the advocate is disposed of by the Tribunal
under Section 43, unless on review the Court making the order, for reasons to
be recorded, vacates it earlier.
Sub-sections (4), (5), (6), (7), (8) and (9)
of the aforesaid original Section 41 were substitute by the following through
the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance
XVII of 1982) Section 15, with effect from 15.7.1982--
communicated to him, prefer
an appeal to the tribunal, whose decision in such appeal shall be final.
42.
Tribunals of Bar Councils.--(1) The Pakistan Bar Council may constitute one
or more Tribunals each consisting of two of its members elected by it for the
purpose and a Judge of the Supreme Court nominated by the Chief Justice of
Pakistan, who shall be the Chairman.
"(4)
upon receipt of a complaint under sub-section (2) against any advocate, the
Disciplinary Committee of the Bar Council may, unless it summarily rejects the
compliant, after making such enquiry and giving the parties such opportunity of
being heard as it may consider necessary, either reject the complaint or refer
the case to a Tribunal for decision:
Provided that the Disciplinary Committee shall
not summarily reject a complaint made by the Supreme Court or a High Court.
(5) Any person whose complaint rejected by the
Disciplinary Committee under sub-section (4) may, within thirty days of the day
on which the order of the Committee is communicated to him, prefer an appeal to
the Tribunal, whose decision in such appeal shall be final".
In the aforesaid sub-section (5) of original
Section 43 the words "the complaint referred to" were substituted for
the word "reference to the Inquiry Committee on whose report the matter
has come before", ibid, Section 17.
The words "An Inquiry Committee",
"an inquiry Committee" and "inquiry Committee" appeared in
the aforesaid sub-sections (1), (2) and (3) of original Section 44 were
substituted by the words "A Disciplinary Committee", a Disciplinary
Committee", respectively, ibid, Section 17.
In the
aforesaid sub-section (1) its proviso and sub-sections (2), (3) and (4) of
original Section 45. the words
“an Inquiry Committee" were substituted by
the words "a Disciplinary Committee", ibid, Section 18.
In the above-said sub-section (1) of original
Section 46 the words "any conciliation Committee or Inquiry Committee
appointed by it" were substituted by the words "the Disciplinary
Committee thereof", ibid, S. 19.
-- The afore-said sub-section (3) of original Section 54 was
omitted, ibid, Section 20,
-- The following new Section 54-A was inserted in Chapter
VII, ibid, Section 21:--
"54A.--Time
for disposal of disciplinary matters.--The Disciplinary Committee and a
Tribunal shall dispose of a complaint against an advocate within three months
of the day on which the complaint is received by it; and, if the complaint is
not disposed of within that period the order under sub-section (1) or
sub-section (2) of Section 54 for the suspension of the advocate from practice,
if any, shall stand vacated on the expiration of that period, unless on review
the Court making the order, for reasons to be recorded, vacates it
earlier."
— The aforesaid Chapter
VII, as amended, was substituted by the following, through the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of
1985) Section 13, with effect from 2.3.1985:-
"CHAPTER VII-MISCONDUCT
41.
Punishment of Advocate for misconduct.--(1) The High Court may, in the manner
hereinafter provided, reprimand, suspend or remove from practice any Advocate
of the High Court whom it finds guilty of professional or other misconduct.
(2) Upon receipt of a complaint
made to it by any Court or by any person that any such Advocate has been guilty
of misconduct, the High Court shall, if it does not summarily reject the
complaint, refer the case for inquiry to the Disciplinary Committee.
(3) If the High Court has
reason to believe that an Advocate has been guilty of misconduct, it may, of
its own motion, refer the case to the Disciplinary Committee.
(4) The Disciplinary Committee
shall consist of—
(a) two Judges of the High
Court nominated by the Chief Justice of the High Court, of whom the senior
shall be the Chairman;
(b) the Advocate-General of the
Province; and
(c) two Advocates of not less
than ten year's standing at the Bar nominated by the Chief Justice of the High
Court.
(2) A Provincial Bar
Council
and
Islamabad Bar Council as the case may be may constitute one or more Tribunals each
consisting of two of its members elected by it for the purpose and a Judge of
the High Court nominated by the Chief Justice of that Court, who shall be the
Chairman.
43.
Procedure in inquiries.--(1) In inquiries relating to conduct of advocates, the Tribunal shall,
except as hereinafter provided, follow such procedure as may be prescribed.
42. Procedure in inquiries.--(1) The High Court shall make rules to prescribe
the procedure to be followed by the Disciplinary Committee in the conduct of
inquiries referred to it under Section 41.
(2) If the complaint referred
to it under sub-section (2) of Section 41 is in respect of failure to render
professional service for fee paid, or to return papers, or to repay balance of
money received, the Disciplinary Committee shall, before taking up an inquiry,
proceed to conciliate in the matter and, if a settlement is arrived at in the
course of the proceedings, shall send a report thereof to the High Court
together with a memorandum of settlement signed by the parties to the
proceedings.
(3) The finding of the
Disciplinary Committee on an inquiry referred to the Committee under Section 41
shall be forwarded to the High Court.
(4) The Chairman of the
Disciplinary Committee may empower one of the members of the Disciplinary
Committee to consider and decide preliminary issues and to record evidence.
(5) On receipt of the finding
of the Disciplinary Committee, the High Court shall fix a date of the hearing
of the case and shall cause notice of the day so fixed to be given to the
Advocate concerned and shall afford him an opportunity of being heard before
orders are passed in the case.
(6) The High Court may
thereafter either pass such final orders in the case as it thinks fit or refer
it back for further inquiry to the Disciplinary Committee and, upon receipt of
the finding after such further inquiry, deal with the case in manner provided
in sub-section (5) and pass final orders thereon.
(7) In passing final orders the
High Court may pass such order as regards the payment of the costs of the
inquiry and of the hearing in the High Court as it thinks fit.
(8) The High Court may, of its
own motion or on an application made to it in this behalf, review any order
passed under sub-section (6) or sub-section (7) and maintain, vary or rescind
the same, as it thinks fit.
(9) When any Advocate is
reprimanded or suspended under this Act, a record of the punishment shall be
entered against his name in the roll of Advocates of the High Court, and when
an Advocate is removed from practice his name shall forth with be struck off
the roll; and the certificate of any Advocate so suspended or removed shall be
recalled.
43. Powers of Disciplinary Committee in
inquiries.--(1) For the purposes of an inquiry under Section 41, the
Disciplinary Committee shall have the same powers as are vested in a Court
under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the
following matters, namely,-- (a)
enforcing the attendance of any person and examining him upon oath; (b) compelling the production of documents;
and
(c) issuing commissions for the examination of witnesses:
Provided that the Disciplinary Committee shall
not have power to require the attendance of the Presiding Officer of any Civil
or Criminal Court save with the previous sanction of the High Court, or, in the
case of the Presiding Officer of a Revenue Court, of the Provincial Government.
(2) Every such inquiry shall be
deemed to be a judicial proceeding with the meaning of Sections 193 and 228 of
the Pakistan Penal Code (Act XLV of 1860), and a Disciplinary Committee shall
be deemed to be a Civil Court for the purpose of Sections 480 and 482 of the
Code of Criminal Procedure, 1898, (Act V of 1898).
(3) For the purpose of
enforcing the attendance of any person and examining him upon oath or of compelling the production of
documents or of issuing commissions,--
(a) the local limits of the
jurisdiction of a Disciplinary Committee shall be those of the jurisdiction of
the High Court by which it has been constituted; and
(b) a Disciplinary Committee
may send to any Civil Court having jurisdiction in the place where the
Disciplinary Committee is sitting any summons or other process for the
attendance of a witness or the production of a document required by the
Disciplinary Committee, or any commission which it desires to issue, and the
Civil Court shall serve such Process or issue such commission, as the case may
be, and may enforce any such process as if it were a process for attendance or
production before itself.
(2)
The tribunal shall fix a date for the hearing of the case and shall
cause notice of the day so fixed to be given to the complainant, to the
advocate concerned and to the Advocate-General of the Province or Islamabad Capital
Territory, as the case may be and shall afford to the complainant, the advocate
concerned and the Advocate-General an opportunity of leading evidence, if any,
and of being heard before orders are passed in the case.
(3)
The Chairman of the Tribunal may empower one of the members of the
Tribunal to consider and decide preliminary issues and to record evidence.
(4)
The Tribunal may, where it considers it necessary so to do, require the
person making a complaint, except where the complaint has been made by a Court,
to deposit with the Tribunal, as security for Costs, such sum as it may
specify.
(4) Proceeding before a Disciplinary Committee
in any such inquiry shall be deemed to be civil proceedings for the purposes of
Article 15 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984), and the
provisions of that Article shall apply accordingly.
44. Power of High Court to suspend
Advocates from practice.--(1) The High Court may, while making a reference under sub-section (3)
of Section 41 against an Advocate, make an order for the suspension of the
Advocate from practice if, after hearing such Advocate the Court is of the
opinion that he has Committee an act of grave indiscipline in the view of the
Court or grave professional misconduct in relation to any proceeding before it,
and his immediate suspension is expedient or necessary in the interest of
administration of justice.
(2) On a complaint made to it against an advocate by a Court
subordinate to it, the High Court may,--
(a) make an order under
sub-section (1) in respect of such Advocate if, after hearing him, it is of the
opinion that he has committed grave professional or other misconduct in
relation to any proceeding before such subordinate Court, and his immediate
suspension, pending the proceedings before the Disciplinary Committee, is
expedient or necessary in the interest of administration of justice and forward
the complaint to the Disciplinary Committee in accordance with Section 41;
(b) without making any order
under sub-section (1), forward the complaint to the Disciplinary Committee for
action in accordance with Section 41; or
(c) direct that no further
action need be taken in respect of the complaint.
(3) An order under sub-section (1) or
sub-section (2) for the suspension of an Advocate from practise shall remain in
force until the complaint against the Advocate is disposed of by the
Disciplinary Committee under Section 42, unless on review the High Court, for
reasons to be recorded, vacates it earlier.
CHAPTER VII-A--ADVOCATES, ETC., OF SUPREME COURT
44-A.
Advocates, etc., of Supreme Court.--(1) Nothing contained in this Act shall
be deemed to affect the power of the Supreme Court to make rules,--
(a) to regulate the admission
of Advocates and for laying down the conditions subject to which a senior
Advocate shall be entitled to practise in that Court; and
(b) for determining the persons
who shall be entitled to act as Advocate-on-Record in that Court and the terms
and conditions subject to which such persons can so act.
(2) All persons enrolled as senior Advocates
or Advocate-on-Record of the Supreme Court immediately before the commencement
of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985, shall
continue to be so enrolled and the certificates of enrolment issued by the
Supreme Court or the Pakistan Bar Council which were valid immediately before
such commencement shall continue to be valid".
The aforesaid Chapter VII (earlier substituted
by Ordinance XVI of 1985) was again substituted by the present text, through
the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 14, with effect from 25.8.1987.
Chapter
VII-A, (earlier added by Ordinance XVI of 1985) was omitted, ibid, Section 15,
with effect from
25.8.1987.
75. Substituted through Act No.
XII of 2005.
76. Substituted for the words
“a fee of ten rupees” vide Act XII of 2005.
77. Inserted through Act XII of
2005.
(5)
On completion of the inquiry, the Tribunal may either dismiss the
complaint or, where the complaint referred to the Tribunal was made at the
motion of a Bar Council, direct that the proceedings be filed; or it may make
an order imposing any of the penalties refereed to in sub-section (1) of
Section 41.
(6)
Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the period of
suspension, and for that period the advocate
shall be debarred from practicing in any Court or before any authority
or person in Pakistan.
(7)
The Tribunal may, of its own motion or on application made to it in this
behalf, review any order passed under sub-section (5) and maintain, vary or
rescind the same, as it thinks fit.
(8)
When any advocate is [39][punished
under Section 41, the same] shall be entered against his name in the Provincial
roll or, as the case may be, the roll of advocates of the Supreme Court
maintained by the Pakistan Bar Council, and the common roll, and when an
advocate is removed from practice his name shall forthwith be struck off the
roll; and the certificate of any advocate so suspended or removed shall be
recalled.
44.
Order as to costs.--(1) A Disciplinary
Committee and a Tribunal may make such order as to costs of proceedings before
it as it may deem fit; and where the Committee or, as the case may be, the
Tribunal is of the opinion that a complaint made against an advocate is false
and vexatious, it may, without prejudice to any other remedy available to the
advocate, impose upon the complainant [40][such
compensatory costs as may be deemed reasonable]:
Provided that no order
under this sub-section shall be made against a Court or the presiding officer
of a Court [41][or
a Bar Council].
(2)
The Tribunal may on an application made to it in this behalf within the
prescribed period, revise any order passed by a Disciplinary Committee under
sub-section (1) or, of its own motion or on application so made, review any
order passed by the Tribunal under that sub-section and may, in either case, maintain,
vary or rescind the same, as it thinks fit.
(3)
Subject to sub-section (2), every order of the Disciplinary Committee or
the Tribunal under sub-section (1) shall be executable.--
(a)
if the Committee is appointed, or the Tribunal is constituted, by the Pakistan
Bar Council, as if it were an order of the Supreme Court; and
(b)
if the Committee is appointed, or the Tribunal is constituted, by a
Provincial Bar Council or Islamabad Bar Council, as if it were an order of the
High Court.
45.
Powers of the Tribunal and
Disciplinary Committee in inquiries.--(1) For the purposes of any such inquiry as
aforesaid, a disciplinary Committee and a Tribunal shall have the same powers
as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of
1908), in respect of the following matters, namely.--
(a)
enforcing the attendance of any person,
(b)
compelling the production of documents, and
(c)
issuing commissions for the examination of witnesses:
Provided that the
disciplinary Committee or the Tribunal shall not have power to require the
attendance of the presiding officer of any Civil or Criminal Court save with
the previous sanction of the High Court or, in the case of the presiding
officer of a Revenue Court, of the Provincial Government.
(2)
Every such inquiry shall be deemed to be a judicial proceeding within
the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of
1860); and a disciplinary Committee and a Tribunal shall be deemed to be a
Civil Court for the purpose of Sections 480 and 482 of the Code of Criminal
Procedure, 1898 (Act V of 1898).
(3)
For the purpose of enforcing the attendance of any person or of
compelling the production of documents or issuing commissions—
(a)
the local limits of the jurisdiction of a disciplinary Committee and a
Tribunal shall be those of the jurisdiction of the Bar Council by which the
Committee has been appointed or, as the case may be, the Tribunal has been
constituted; and
(b)
a disciplinary Committee and a Tribunal may send to any Civil Court
having jurisdiction in the place where the Committee or, as the case may be,
the Tribunal is sitting, any summons or other process for the attendance of a
witness or the production of a document required by the Committee or Tribunal,
or any commission which it desires to issue, and the Civil Court shall serve
such process or issue such commission, as the case may be, and may enforce any
such process as if it were a process for attendance or production before
itself.
(4) Proceedings before a disciplinary
Committee or a Tribunal in any such inquiry shall be deemed to be civil
proceedings for the purposes of Article 15 of Qanun-e-Shahadat, 1984 (P.O. No.
10 of 1984) and the provisions of that Article shall apply accordingly.
46.
Disciplinary Powers of the
Pakistan Bar Council.--(1) Notwithstanding anything contained in this Chapter, the disciplinary
Committee of the Pakistan Bar Council may, of its own motion, withdraw for
inquiry before itself any proceedings for disciplinary action against any advocate
pending before a Provincial Bar Council or Islamabad Bar Council or a
disciplinary Committee thereof and dispose of the same.
(2)
In disposing of any case under this section, the disciplinary Committee
of the Pakistan Bar Council shall observe, so far as may be, the procedure laid
down in Section 43, the reference to the "Advocate-General" in that
Section being construed as reference to the "Attorney-General for
Pakistan".
(3)
In disposing of any case under this section, the disciplinary Committee
of the Pakistan Bar Council may make any order which the Tribunal can make
under Section 43, and the Tribunal shall give effect to any such order:
[42][Provided that every order
passed hereinabove shall be subject to the approval of the Pakistan Bar
Council].
46A. Execution of an order of a Bar Council, a
Committee or a Tribunal.--- Subject to
the provisions of this Act and the Rules made thereunder every order of a Bar
Council, a Committee or a Tribunal shall be executable as order of a Civil
Court.
47.
Appeal to the Pakistan Bar
Council.--(1)
Any person aggrieved by an order of a [43][Provincial]
Tribunal under Section 43 may, within sixty days from the date on which the
order is communicated to him, prefer an appeal to the Pakistan Bar Council.
(2) Every Such appeal shall
be heard by the disciplinary Committee of the Pakistan Bar Council which may
pass such order thereon as it may deem fit.
48.
Appeal to the Supreme
Court.--Any
person aggrieved by an order made by the disciplinary Committee of the Pakistan
Bar Council under sub-section (3) of Section 46 [44][or
subsection (2) of Section 47 or a final order of a Tribunal of the Pakistan Bar
Council] may, within sixty days from the date on which the order is
communicated to him, prefer an appeal to the Supreme Court which may pass such
order thereon as it may deem fit.
49.
Application of sections 5
and 12 of the Limitation Act, 1908.--The provisions of sections 5 and 12 of the
Limitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply to
appeals made under Section 47 or Section 48.
50.
Stay of order.--An appeal made under
Section 47 or Section 48 shall not operate as a stay of the order appealed
against but the disciplinary Committee of the Pakistan Bar Council or the
Supreme Court, as the case may be, may, for sufficient cause, direct the stay
of such order on such terms and conditions as it may deem fit.
51.
Powers of the disciplinary
Committee.--The
disciplinary Committee of the Pakistan Bar Council shall have the same powers
as are vested in a Tribunal by Section 45 and that Section shall apply to the
disciplinary Committee, the reference to the "Tribunal" in that
Section being construed as a reference to the "disciplinary Committee of
the Pakistan Bar Council".
Section 52 is omitted
53.
Review of the order by
disciplinary Committee.--The disciplinary Committee of the Pakistan Bar Council may of its own
motion or otherwise review any order passed by it under this Chapter.
54.
Power of Supreme Court and
High Court to suspend advocates from practice.--(1) The Supreme Court or a
High Court may, while making a complaint under sub-section (2) of Section 41
against an advocate, make an order for the suspension of the advocate from
practice if, after hearing such advocate, the Court is of the opinion that he
has committed an act of grave indiscipline in the view of the Court or grave
professional misconduct in relation to any proceeding before it, and his
immediate suspension is expedient or necessary in the interest of
administration of justice.
(2) On a complaint made to
it against an advocate by a Court subordinate to it, the High Court may:--
(a)
make an order under sub-section (1) in respect of such advocate if,
after hearing him, it is of the opinion that he has committed grave
professional or other misconduct in relation to any proceeding before such
subordinate Court, and his immediate suspension, pending the proceedings before
the Bar Council, is expedient or necessary in the public interest and forward
the complaint to the Provincial Bar Council or Islamabad Bar Council for action
in accordance with Section 41; or
(b)
without making any order under sub-section (1), forward the complaint to
the
Provincial Bar Council for
action in accordance with Section 41; or
(c)
direct that no further action need be taken in respect of the complaint.
[46][CHAPTER
VIIA …. Omitted]
CHAPTER VIII
RULES
55. Power of Pakistan Bar
Council to make rules.--The Pakistan Bar Council
may, by notification in the
official Gazette, make rules to provide for--
(a)
the manner in which the election of members of a [47][
...... ] Bar Council shall be held and the manner in which results of election
shall be published;
(b)
the manner in which the election of the Vice-Chairman of a Bar Council
shall be held;
(c)
the manner in which and the authority by which doubts and disputes as to
the validity of an election to [48][a
Bar Council] or to the office of the Vice-Chairman of a Bar Council shall be
finally decided;
(d)
the .powers and duties of the Chairman and Vice-Chairman of the Bar
Councils;
(e)
the summoning and holding of meetings of the Pakistan Bar Council, the
times and places where such meetings are to be held, the conduct of business
thereat and the number of members necessary to constitute a quorum;
(f)
the constitution and functions of any Committee of the Pakistan Bar
Council and the term of office of the members of any such Committee;
(g)
the summoning and holding of meetings of such Committee, the conduct of business
thereat and the number of members necessary to constitute a quorum;
(h)
the qualifications and terms and conditions of service of staff to be
employed by the Pakistan Bar Council;
(i)
matters pertaining to management, administration, utilization and
investment of the fund of the Pakistan Bar Council;
(j)
the constitution of separate funds for special purposes by the Pakistan
Bar Council;
(k)
the maintenance of books of accounts and other books by the Pakistan Bar
Council;
(I) the appointment of auditors and the audit of the accounts of the
Pakistan Bar Council;
[49][(m) the form and manner in
which applications for admission as an advocate of the Supreme Court are to be
made and the manner in which such applications are to be disposed of;]
(n)
the fee payable for .enrolment or in respect of any other matter under
this Act, and the instalments, if any, in which such fee may be paid;
(o)
the forms in which a certificate of enrolment shall be given to a person
enrolled as an advocate or an advocate of the High Court [50][or
an advocate of the Supreme Court];
(p)
the standards of professional conduct and etiquette to be observed by
advocates;
(q)
the standards of legal education to be observed by universities in
Pakistan and the inspection of universities for that purpose;
(r)
the circumstances in which and the conditions subject to which nationals
of any foreign country may be admitted as advocates and foreign qualifications
may be recognised for purposes of their admission;
Council in inquiries
relating to the conduct of an advocate];
(t) the general principles for guidance of the Provincial Bar
Councils;
[52][(u) the forming,
recognition, derecognition and functioning of a Supreme Court Bar Association
or any Bar Association at the national level]:
Provided that no rules made with reference to
clause (r) shall have effect unless they have been approved by the Federal
Government:
[53][Provided
further that, for holding the first elections to the Bar Councils to be
constituted under this Act, rules with reference to clauses (a), (b) and (c)
shall be made by the Federal Government and notified in the official Gazette].
56. Power of Provincial Bar Council to make rules.--[54][A] Provincial Bar Council
may, by notification in the official Gazette, make rules to provide for--
(a)
the summoning and holding of meetings of the Bar Council, the times and
places where such meetings are to be held, the conduct of business thereat and
the number of members necessary to constitute a quorum;
(b)
the constitution and functions of any Committee of the Bar Council and
the term of office of the members of any such Committee;
(c)
the summoning and holding of meetings of the Committees of the Bar
Council, the conduct of business thereat and the number of members necessary to
constitute a quorum;
(d)
qualifications and terms and conditions of service of staff to be
employed by the Bar Council;
(e)
the matters pertaining to management, administration, utilization and
investment of the fund of the Bar Council;
(f)
the constitution of separate funds for special purposes by the Bar
Council;
(g)
the maintenance of books of accounts and other books by the Bar Council;
(h)
the appointment of auditors and the audit of the accounts of the Bar
Council;
(i)
the course of practical training in law and the examination to be passed
after such training for admission as an advocate;
(j)
the form and manner in which applications for admission as an advocate
or an advocate of the High Court are to be made and the manner in which such
applications are to be disposed of;
(k)
the conditions subject to which a person may be admitted as an advocate
or an advocate or an advocate of the High Court;
(l)
the procedure to be followed by a Tribunal constituted by the Bar
Council in inquiries relating to the conduct of an advocate;
(m)
the forming and regulation of firms of lawyers either throughout the
Province or any specified part thereof;
(ma)
the forming and regulation of firms of
lawyers in Islamabad Capital Territory;
CHAPTER IX
MISCELLANEOUS
57.
Grants to Bar Councils.--The Federal Government, in
the case of Pakistan Bar Council, and the Provincial Government, in the case of
a Provincial Bar Council, may make such grants in aid of the funds of the Bar
Council as it may deem fit, having regard to the total number of advocates on
the roll of the Council.
58.
Penalty for illegal
practice.-- [56][(1) Any person who is not
an advocate and practices the profession of law or any person who is not
entitled under this Act to practice in the Supreme Court, a High Court or any
other Court or Tribunal subordinate thereto practices before the said Court or
Tribunal shall be punished with imprisonment for a term which may extend to
three years, or with fine upto fifty thousand rupees, or with both.]
(2) Any Advocate who
practices the profession of law, or acts or appears as agent for any other
person, while he is suspended from practice, shall be punished with
imprisonment for a term which may extend to one year, or with fine, or with
both.
59. Power to frame and publish lists of touts.--(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, to habitually 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 the profession of law in any Court
or revenue office shall be prima-facie
evidence of the general repute of such person and of the fact that he is, or is
not, a tout.
(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 subsection (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 is 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 years or
with fine, or with both.
Explanation.--Any person ordered to be excluded from the precincts of a Court under
the provisions of sub-section (5), if found on such precincts while such order
is in force, shall be deemed, unless the contrary be proved, to be at such
percincts for the purposes of acting as a tout.
97[(7) Omitted]
(8) An offence under
sub-section (6) shall be non-bailable.
98[Omitted]
97. Sub-section (7) of Section
59, which reads as follow, was omitted by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1978 (Ordinance No. XL of 1978) Section 13,
with effect from 12.10.1978:
"(7) No Court shall take
cognizance of an offence under sub-section (6) except:--
(a) upon a complaint made in
writing by the President of the Bar Association for the place where such
offence has been committed, or any office-bearer or member of such Association
authorised by him in this behalf; or
(b) upon a report made in
writing by a police officer on a complaint made by a person referred to in
clause
(a)".
98. The proviso to sub-section
(8) of Section 59, which reads as under, was omitted by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), Section
24, with effect from 15.7.1982:
99[59A
Omitted]
100[59B.
Removal from Bar Association.--(1) An Advocate who has once been admitted
as a member of a Bar Association shall not be expelled or removed from such
membership except on the ground that he has either incurred any of the
disqualifications for the membership of a Bar Council under this Act or been in
default in paying the fees of the Bar Association for a period of not less than
twelve months:
Provided that the
membership of an advocate who is removed on the ground of his having been in
such default shall stand restored if he pays up the fees due within sixty days
of such removal]:
Provided further that no
member of a Bar Association shall be expelled or removed from membership by any
Bar Association without giving him opportunity of being heard.
101[(2) Omitted]
60.
Power of the High Court
relating to remuneration of advocates.—The High Court shall from time to time fix and
regulate the fees payable by any party in respect of the fees of his
adversary's advocate in all proceedings in such High Court and in the Courts
subordinate to such High Court.
61.
Group Insurance.--(1) The Pakistan Bar
Council may from time to time arrange for the insurance of the life of such
advocates of the Supreme Court who are borne on its roll as have not attained
the age of sixty-five years, and a Provincial Bar Council may likewise arrange
for the insurance of the life of such advocates borne on its rolls as have not
attained the age of sixty two years, and for such period as it deems fit.
(2) Where any such
arrangement as has been referred to in sub-section (1) has been made by a Bar
Council,--
(a)
it shall establish a separate Group Insurance Fund which shall vest in
and be administered by the Bar Council;
(b)
every advocate whose life has been insured under such arrangement shall
pay to the Bar Council, annually, monthly, or at such other intervals as may
"Provided that no person accused of such
offence shall be arrested unless a complaint, alleging that he has committed
such offence is made by a person referred to in clause (a) of sub-section
(7)."
99. Section 59 A, reads as
under, inserted on 15.7.82 by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 25, was omitted on
25.8.1987 through the Legal Practitioners and Bar Councils (Amendment) Act,1987
(Act VIII of I987) Section 18:-
"59A.
Bar Council or Bar Association not to indulge in political activity.--A Bar
Council or a Bar Association shall perform such functions as are conferred on
it by this Act or the rules made thereunder and shall not indulge in any
political activity, directly or indirectly".
100. Inserted on 15.7.1982, by
the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance
XVII of 1982), Section 25.
101. The following sub-section
(2) earlier inserted with Section 59B on 15.7.1982 [by Ordinance (XVII of
1982), Section 25], was omitted through the Legal Practitioners and Bar
Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 19, with effect from
25.8.1987:-
"(2) Notwithstanding anything contained
in any law or rule, the right of an advocate to practice as such shall not be
dependant upon his being a member of a Bar Association or be affected in any
manner by reason only of his not being, or having ceased to be member, or of
his having been removed from the membership, of a Bar Association".
be prescribed, such sum of
money as the premium for the insurance of his life, as may be determined by the
Bar Council;
(c)
all sums received as premia under clause (b) and any interest or profit
accruing thereon shall be credited into the Group Insurance Fund of the Bar
Council;
(d)
all expenses incurred by the Bar Council on the arrangements with an
Insurance Company or other insurer and on the administration of the Group
Insurance Fund shall be defrayed from such Fund; and
(e)
any sums remaining in such fund after defraying the expense referred to
in clause (d) may be utilized for such purposes connected with the welfare of
advocates as may be prescribed.
(3) The provisions of
sub-section (4) of Section 34 shall apply to the insurance premia required to
be paid under clause (d) of sub-section (2), as if such premia were an annual
fee or instalment of a fee payable under that section.
62. Benevolent Fund.--(1) A Bar Council may establish a fund to be
called the Advocates Benevolent Fund.
(2) Where a Bar Council
establishes a Benevolent Fund--
(a)
if it be the Pakistan Bar Council, every advocate of the Supreme Court
[57][borne on its roll], and if
it be a Provincial Bar Council or Islamabad Bar Council as the case may be, every advocate borne on its rolls, shall pay to the
Benevolent Fund, annually, monthly or at such other intervals as may be
prescribed, such amount as his contribution to the Fund as may be determined by
the Bar Council;
(b)
the moneys credited into the Fund shall be kept in such bank as may be
prescribed;
(c)
the Fund shall be utilized, in such manner as may be prescribed by the
Bar Council for--
(i)
the relief of advocates and their families;
(ii)
giving financial relief to the families of deceased advocates;
(iii)
making grants to advocates on special occasions; and
(iv)
defraying expenditure in respect of the management of the Fund.
(3) The provisions of
sub-section (4) of Section 34 shall apply to the contributions required to be
made to the Benevolent Fund under clause (a) of sub-section (2) as if such
contributions were an annual fee or installment of fee payable under that
section.
[58][(4) An advocate shall not
exercise the rights and privileges under this Act without making payment of the
dues to the Pakistan Bar Council or a Provincial Bar Council as may be
prescribed by the Rules or Bye-laws of such Bar Council.
(5) Every advocate shall be
liable to pay contributions to the Benevolent Fund under this Section and the
Rules made thereunder to the Provincial Bar Council and Islamabad Bar Council
concerned notwithstanding his enrolment as an advocate or advocate-on-record of
the Supreme Court of Pakistan.]
63. Validation.--(1) Notwithstanding the Constitution of New Provinces and the
establishment of new High Courts by or under the Province of West Pakistan
(Dissolution) Order 1970, (P.O. No. 1 of 1970), or any law, judgment, order or
decree of a Court--
(a)
any power exercised or functions and duties performed or undertaken by
the Pakistan Bar Council or the West Pakistan Bar Council constituted under the
Legal Practitioners and Bar Councils Act, 1965 (III of 1965), or by any
Committee thereof, or Tribunal appointed by it, in accordance with provisions
of the said Act, shall always be deemed to have been validly exercised,
performed or undertaken; and
(b)
no action, proceeding, decision, order or finding of such Bar Council,
Committee or Tribunal shall be called in question before any Court or other
authority, only on the ground of the dissolution of the Province of West
Pakistan, the constitution of new Provinces in its place or the establishment
of new High Courts in the place of the High Court of West Pakistan.
103[65.
Continuance of existing Bar Councils.—Omitted]
103[66.
Dissolution of existing Bar Councils etc.--Omitted]
67. Continuance in service of the employees of the West Pakistan Bar
Council.--Every
person in the employment of the West Pakistan Bar Council immediately before
its dissolution, at whatever place he may for the time being be serving, shall
be deemed, as from the constitution of Provincial Bar Councils and Islamabad
Bar Council under this Act, to be in the employment of the Bar Council for the
Province or Provinces in which the said place is situated, and shall be
entitled to the same terms and conditions of service as respects remuneration
and leave as he was entitled to before the constitution of the last named
Council.
Committees and Tribunals of each such Bar
Council shall be deemed to be the Chairman, ViceChairman, members, Committees
and Tribunals of the Provincial Bar Council for the purposes of this Act and
the rules made thereunder;
(c) until
new rules under this Act are framed, the rules framed under the said Act shall,
so far as applicable
and with
the necessary adaptations, remain in force and shall take effect as rules made
under this Act.
66. Dissolution of existing Bar Councils etc.--(1) On the
constitution of Bar Councils under this Act,--
(a) the Pakistan Bar Council
and the Provincial Bar Councils constituted under the said Act shall stand
dissolved;
(b) all properties and assets
vesting in the Pakistan Bar Council constituted under the said Act shall vest
in the Pakistan Bar Council constituted under this Act;
(c) all properties and assets
vesting in the West Pakistan Bar Council constituted under the said Act shall
be apportioned among and vest in the Bar Councils constituted under this Act
for the Provinces of Baluchistan and Sindh, the North-West Frontier Province
and the Province of the Punjab in the same proportion which the contributions
made and fees paid to the West Pakistan Bar Council by persons borne on the
roll of that Bar Councils from the regions which respectively form the said
Provinces bear to the total contributions made and fees paid to the said Bar
Councils by all the persons borne on the roll of the said Bar Council;
(d) all rights, liabilities and
obligations of the Pakistan Bar Council constituted under the said Act whether
arising out of any contract or otherwise, shall be the rights, liabilities and
obligations of the Pakistan Bar Council constituted under this Act;
(e) all rights, liabilities and
obligations of the West Pakistan Bar Council constituted under the said Act,
shall be the rights, liabilities and obligations of the Bar Councils
constituted under this Act for the Provinces of Baluchistan and Sindh, the
Norlh-West Frontier Province and the Province of the Punjab in the same
proportion as is mentioned in clause (d);
(f)
all proceedings pending before the Pakistan Bar Council constituted
under the said Act in respect of any disciplinary matter or otherwise shall
stand transferred to the Pakistan Bar Council constituted under this Act;
(g) all proceedings pending
before the West Pakistan Bar Council constituted under the said Act in respect
of any disciplinary matter or otherwise shall stand transferred to such one of
the Provincial Bar Councils constituted under this Act as would have had
jurisdiction to dispose of the proceedings had they been instituted before it
after the coming into force of this Act;
(h) all proceedings pending
before a Tribunal constituted by the Pakistan Bar Council under the said Act
shall stand transferred to such Tribunal constituted by the Pakistan Bar
Council under this Act as may be specified by it;
(i)
all proceedings pending before a Tribunal constituted by the West
Pakistan Bar Council under the said Act shall stand transferred to such
Tribunal constituted under this Act as would have had jurisdiction to dispose
of the proceedings had they been instituted before it after the coming into
force of this Act".
68. Savings.--(1) Nothing in this Act shall apply to mukhtars and revenue agents and
every mukhtar and revenue agent practicing as such immediately before the
commencement of this Act shall continue to enjoy the same rights as respects
practice in any Court or revenue office or before any authority or person as he
enjoyed, and be subject to the disciplinary jurisdiction of the same authority
to which he was subject, immediately before such commencement, and the
provisions of the Legal Practitioners Act, 1879 (Act XVII of 1879), or other law
shall have effect in relation to such persons as if they had not been repealed
by the said Act.
SCHEDULE
[See Section 5(2)(b)]
PUNJAB BAR COUNCIL
Group of Districts-1 Seats
Name of District:
(1)
Bahawal Nagar ………………………………………… 01
(2)
Bahawalpur ………………………………………… 03
(3)
Rahim Yar Khan ………………………………………… 02 Group of
Districts-II Seats
Name of District:
(1)
Dera Ghazi Khan …………………………………………
01
(2)
Layah ………………………………………… 01
(3)
Muzaffargarh ………………………………………… 02
(4)
Rajanpur ………………………………………… 01
Group of Districts-Ill Seats
Name of District:
(1)
Khanewal ………………………………………… 02
(2)
Lodharan ………………………………………… 01
(3)
Multan ………………………………………… 04
(4)
Pakpattan ………………………………………… 01
(5)
Sahiwal ………………………………………… 02
(6)
Vehari ………………………………………… 02
Group of Districts-lV Seats
Name of District:
(1)
Faisalabad ………………………………………… 04
(2)
Jhang ………………………………………… 02
(3)
TobaTek Singh ………………………………………… 01
Group of Districts-V Seats
Name of District:
(1)
Attock ………………………………………… 01
(2)
Chakwal ………………………………………… 01
(3)
Jhelum ………………………………………… 01
(4)
Rawalpindi ………………………………………… 04
Group of Districts-VI Seats
Name of District:
(1)
Bhakkar ………………………………………… 01
(2)
Khushab ………………………………………… 01
(3)
Mianwali ………………………………………… 01
(4)
Sargodha ………………………………………… 02
Group of Districts-VlI Seats
Name of District:
(1)
Gujranwala ………………………………………… 03
(2)
Gujrat ………………………………………… 02
(3)
Hafizabad ………………………………………… 01
(4)
Mandi Bahauddin ………………………………………… 01
(5)
Narowal ………………………………………… 01
(6)
Sialkot ………………………………………… 02
Group of Districts-VIII Seats
Name of District:
(1)
Kasur ………………………………………… 02
(2)
Lahore ………………………………………… 16
(3)
Okara ………………………………………… 02 (4) Sheikhupura …………………………………………
02 SINDH BAR COUNCIL
Group of Districts-I Seats
Name of District:
(1)
Karachi (South) ………………………………………… 06
(2)
Karachi (Central) ………………………………………… 04
(3)
Karachi (East) ………………………………………… 04
(4)
Karachi (West) ………………………………………… 01
(5)
Malir ………………………………………… 01
Group of Districts-II Seats
Name of District:
(1)
Badin + Thatta ………………………………………… 01
(2)
Dadu ………………………………………… 01
(3)
Hyderabad ………………………………………… 03
Group of Districts-Ill Seats
Name of District:
(1)
Sukkur ………………………………………… 02
(2)
Ghotki ………………………………………… 01
(3)
Khairpur ………………………………………… 01
(4)
Naushero Feroz ………………………………………… 01
(5)
Nawab Shah ………………………………………… 01
Group of Districts-lV Seats
Name of District:
(1)
Jaccobabad ………………………………………… 01
(2)
Larkana ………………………………………… 02
(3)
Shikarpur ………………………………………… 01
Group of Districts-V Seats
Name of District:
(1)
Mirpur Khas ………………………………………… 01
(2)
Sanghar ………………………………………… 01
N.W.F.P. BAR COUNCIL
Group of Districts-I Seats
Name of District:
(1)
Peshawar ………………………………………… 07
(2)
Charsadda ………………………………………… 01
(3)
Nowshera ………………………………………… 01
Group of Districts-II Seats
Name of District:
(1)
Mardan ………………………………………… 02
(2)
Swabi ………………………………………… 01
Group of Districts-Ill Seats
Name of District:
(1)
Kohat+Hangu ………………………………………… 01
(2)
Karak ………………………………………… 01
Group of Districts-lV Seats
Name of District:
(1)
D.I. Khan+Tank ………………………………………… 02
(2)
Banuu ………………………………………… 01
(3)
Lakki Marwat ………………………………………… 01
Group of Districts-V Seats
Name of
District:
(1)
Haripur ………………………………………… 01
(2)
Abbottabad ………………………………………… 02
(3)
Mansehra + Batagram ………………………………………… 02 Group of Districts-Vl Seats
Name of
District:
(1)
Mingora (Swat) ………………………………………… 01
(2)
Shangla (Alpuri) + Kohistan ……………………………………… 01
(3)
Daggar(Buner) + Malakand at Batkhela………………………… 01
(4)
Timargara(Dir) + Dir Bala ………………………………………… 01
(5)
Chitral ………………………………………… 01
BALOCHISTAN BAR COUNCIL
Group of Districts-I Seats
Name of
District:
Quetta + Chagi + Noshki + ………………………………………… 04
Khuzdar + Mustong + Kalat
Group of Districts-II Seats
Name of
District:
Kech + Panjgor + Gwadar + ……………………………………… 01
Lasbella+Kharan+Awaran
Group of Districts-Ill Seats
Name of
District:
Sibbi + Bolan + Nasirabad + ……………………………………… 01
Jaffarabad
+ Jhalmagsi + Kohlo +
Dera-Bugti
Group of Districts-lV Seats
Name of
District:
Zhob + Loralai + Musakhel + ……………………………………… 01
Barkhan +
Ziarat + Killa Saifullah + Killa
Abdullah+Pashin
Islamabad Bar Council
Name of District Seats
Islamabad………………………............……….....................…………...…..05
[1]
. Sub. Through Act No. XII of
2005.
[2]
. Inserted, through Ordinance
No. XL of 1978, Section 2(b).
[3]
. Substituted, ibid, Section 2(c) for the following:
"(h) "Provincial Bar Council"
in relation to a Province, other than the Provinces of Sindh and Baluchistan,
means the Provincial Bar Council constituted for that Province, and in relation
to the Provinces of Sindh and Baluchistan the common Bar Council constituted
for the two Provinces under this Act".
[4]
. Inserted through Act No. XII
of 2005.
[5] . Added through Act No. XII of 2005.
[6] . Added through Act No. XII of 2005.
[7] . Sub-sections (5) and (6)
were added, through the Legal Practitioners and Bar Councils (amendment)
Ordinance, 1978 (Ordinance No. XL of 1978) Section 4(5), with effect from
12.10.78, but by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982), the sub-section (6), which reads as
under, was omitted with effect from 15.7.82:
"(6) A
member shall cease to be a member if he is appointed to an office of profit in
the service of Pakistan or is suspended or removed from practice under the
provisions of Chapter Vll".
[8] . With effect from
15.7.1982, new Sections 5-A, 5-B and 5-C were inserted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 4.
[9]
. Substituted through Act No.
XII of 2005.
[10] . Word “ten” is substituted for the word “seven” through Act
No. XII of 2005.
[11] . Substituted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of
1978) Section 5, with effect from 12.10.1978, for the following:--
"(2) In the case of the Provincial Bar
Council for the Provinces of Sindh and Baluchistan, the senior of the
Advocate-General for those Provinces according to the respective dates of their
appointment as such, and, in the case of the Provincial Bar Council for any
other Province, the Advocate-General for that Province, shall be the Chairman
of the Provincial Bar Council".
[12] . Substituted for the words
"till the thirty first day of December in the year in which he assumes
office", by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982, (Ordinance XVII of 1982) Section 5, with effect from
15.7.1982.
[13] . Inserted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of
1978) Section 6, with effect from 12.10.1978).
[14]
. Substituted for the word
“Division” through Act No. XII of 2005.
[15]
. Substituted for the following through the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 6 (a),
with effect from 15.7.1982:
"(h) to prescribe conditions
for the recognition of, and to recognise, Bar Association".
[16]
. Inserted, ibid, Section 6(b).
[17]
. The word "and" was omitted by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 7(a), with
effect from 15.7.1982.
[18] . Inserted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978, (Ordinance XL of
1978) Section 8, with effect from 12.10.1978.
[19] . Inserted, through the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance
XVII of 1982) Section 10, with effect from 15.7.1982, for the words "till
the thirty-first day of December in the year in which he assumes office".
[20] . Section 24 was
re-numbered as sub-section (1) of that Section on 12.10.1978 vide the Legal
Practitioners and Bar Councils (amendment) Ordinance, 1978, (Ordinance XL of
1978) Section 10. Brackets and figure “(1)” in the beginning were omitted vide Act XII of 2005.
[21] . The following
sub-section (2) was added, ibid, Section 10(b), but by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (Ordinance XXVIl of 1981) Section 3
and Sch. II the same was omitted with effect from 8.7.1981:
"(2) Notwithstanding anything contained
in sub-section (1) all advocates who, immediately before the coming into force
of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, were
entered on the roll of the Sindh and Baluchistan Bar Council and were
practicing generally at any place within the Province of Baluchistan shall have
the option to get their names transferred to the roll of the Provincial Bar
Council for the Province of Baluchistan by the fifteenth day of November,
1978."
[22] . Section 25 was
re-numbered as sub-section (1) of that Section vide the Legal Practitioners and
Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section 11.
[23] . The following
sub-section (2) was added, ibid, Section 11(c), but through the Federal Laws
(Revision and Declaration) Ordinance, 1981 ( Ordinance XXVII of 1981), Section
3 and Sch. II, the same was omitted with effect from 8.7.1981:
"2" Notwithstanding anything
contained in sub-section (1) all advocates who, being entitled, immediately
before the coming into force of the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1978, to practise in any Court subordinate to the High
Courts of Sindh and Baluchistan were entered on the roll of the Sindh and
Baluchistan shall have the option to get their names transferred to the roll of
the Provincial Bar Council for the Province of Baluchistan by the fifteenth day
of November, 1978."
[24] . The brackets and figure “(1)” were omitted vide Act XII of 2005.
[25] . Inserted by the Legal
Practitioners and Bar Councils (Amendment) Act, 1976) Section 2, with effect
from
[26]
.4.1976.
[27]
. Substituted vide Act XII of
2005 for the following:-
“(iii) a Bachelors degree in any subject other
than law from a University in Pakistan, or from a University outside Pakistan
recognized by the Pakistan Bar Council and a degree in law from a like
University.”
[28] . Omitted through Act XII of 2005.
[29] . Section 28 was omitted
on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 7, which was again inserted on 25.8.87
through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act
VIII of 1987) Section 9. Present text was substituted through Act No. XII of
2005.
[30]
. Added through Act XII of 2005.
[31] . The semicolon and
words“; and an application for admission as an Advocate of the Supreme Court
shall be made in the prescribed form to the Pakistan Bar Council“ were omitted
on 2.3.1985 by the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 8, which were again added on 25.8.1987
through the Legal Practitioners & Bar Councils (Amendment) Act, 1987 (Act
VIII of 1987), Section 10.
[32] . The words, brackets and
figures "and the Pakistan Bar Council in accordance with sub-section (2)
of Section 17" were inserted with effect from 15.7.82 by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section
14.
[33]
. Clause (b) of Section 34 was omitted, with effect from 2.3.85, by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985)
Section 9(a)(c). The same was again inserted on
[34]
.8,1987 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987
(Act VIII of 1987) Section 11(a)(i).
[35] . The words, brackets,
letter and figure "or clause (a) of Section 23" and the words “or an
Advocate of the Supreme Court" in proviso to sub-section (1) of Section 34
were omitted, with effect from 2.3.85, by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(ii).
The same were again inserted on 25.8.1987, through the Legal Practitioners and
Bar Councils (Amendment) Act, 1987 (Act VIII of 1987), Section 11 (a) (ii).
[36]
. The words brackets and letter "or clause (b)".in sub-section (2) of
Section 34, were omitted on 2.3.85 by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9 (b),
The same
were again inserted on 25.8.87 vide the Legal Practitioners and Bar Councils
(Amendment) Act, 1987 (Act VIII of 1987) Section 11(b).
[37] . The words, brackets,
figure and comma "clause (a) of Section 23", and the words "or
an Advocate of the Supreme Court" in clauses (a) and (b) of sub-section
(1) of Section 35, respectively, were omitted by the Legal Practitioners and
Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 10, on
2.3.1985. The same words, brackets, figure and comma were again inserted in
both the clauses, as were before the omission, on 25.8.87 through the Legal
Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section
23.
[38] . Substituted for the figure “35”, vide Act XII of 2005.
[39] . Substituted for the
words and comma “reprimanded or suspended from practice under this Act, a
record of punishment” through Act XII of 2005.
[40]
. Substituted for the words “compensatory costs not exceeding a sum of five
hundred rupees” vide Act XII of 2005.
[41] . Added through Act XII of 2005.
[42]
. Added through Act XII of 2005.
[43]
. Inserted through Act XII of
2005.
[44] . Inserted through Act XII of 2005.
[45] . Substituted through Act No. XII of 2005.
[46]
. Please see footnote at pages
31.
[47]
. The word "Provincial" was omitted by the Legal Practitioners and
Bar Councils (Amendment) Act, 1973 (Act No. XXXVI of 1973) Section 4(a), with
effect from 9.6.1973.
[48] . The words "the Provincial Bar Council" were
substituted by the words "a Bar Council" ibid, Section 4 (b).
[49] . Clause (m) of Section
55 was omitted by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1985 (Ordinance XVI of 1985) Section 14 (a), with effect from
2.3.1985. The present text was again inserted through the Legal Practitioners
and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 16(a), with
effect from 25.8.1987.
[50] . The words "or an
Advocate of the Supreme Court" were omitted by the Legal Practitioners and
Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 14(b),
on 2.3.1985 which were again inserted through the Legal Practitioners and Bar
Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 16(6), with effect
from 25.8.1987.
[51] . Clause (s) of Section
55 was omitted by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1985 (Ordinance XVI of 1985) Section 14(c), on 2.3.85 which was
again inserted through the Legal Practitioners and Bar Councils (Amendment)
Act, 1987 (Act VIII of 1987) Section 16(c), with effect from 25.8.1987.
[52] . By the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of
1978) Section 12, the following new clause (u) was added on 12.10.1978:
"(u) the forming, recognition and functioning of a Supreme Court
Bar Association".
It was substituted by the present text through
the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance
XVII of 1982) Section 22, with effect from 15.7.1982.
[53] . Added through the Legal
Practitioners and Bar Councils (Amendment) Act, 1973 (Act XXXVI of 1973)
Section 4 (c), with effect from 9.6.1973.
[54] . The words and comma
"subject to the previous approval of the Pakistan Bar Council, a"
were substituted for the word "A" in the beginning of Section 56,
through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982
(Ordinance XVII of 1982) Section 23 (a), with effect from 15.7.1982.
The previous position was restored on 25.8.87,
as appears from the present text, by the Legal Practitioners and Bar Councils
(Amendment) Act, 1987 (Act VIII of 1987) Section 17, by substituting the word
"A" for the words and comma "Subject to the previous approval of
the Pakistan Bar Council, a".
[55] . Inserted by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII or 1982) Section 23 (b), with effect from
15.7.1982.
[56] . Substituted through Act No. XII of 2005.
[57] . The words "borne
on its roll”, were omitted on 2.3.1985 by the Legal Practitioners and Bar
Councils (amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 15. The
same words were again inserted through the Legal Practitioners and Bar
Councils, (Amendment) Act, 1987 (Act VIII of 1987) Section 20, with effect from
25.8.1987.
[58]
. Added through Act No. XII of 2005.
[59] . Sections 64,65 and 66,
read as under, were omitted, with effect from 8.7.1981, by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (Ord. XXVII of 1981) Section 3 and
Sch. II:--
"64.
Repeal.--The Legal Practitioners and Bar Councils Act, 1965 (III of 1965),
hereinafter referred to as the said Act, is hereby repealed.
[60]
. Continuance of Existing Bar
Councils.--Notwithstanding the repeal of the said Act,--
(a) the Pakistan Bar Council constituted under
the said Act shall, until the constitution of the Pakistan Bar Council under
this Act, be deemed to be the Pakistan Bar Council under this Act and shall,
save as otherwise provided in this Act, have the same powers, functions, rights
and liabilities as the Pakistan Bar Council under this Act, and the Chairman,
Vice-Chairman, members, Committees and Tribunals of the said Bar Council shall
be deemed to be the Chairman, Vice-Chairman, members, Committees and Tribunals
of the Pakistan Bar Council for the purposes of this Act and the rules made
thereunder;
(b) the Provincial Bar
Councils constituted under the said Act shall, until the constitution of the
Provincial Bar Councils under this Act, be deemed to be the Provincial Bar
Councils for the purposes of this Act, and shall, save as otherwise provided in
this Act, have the same powers, functions, rights and liabilities as the
Provincial Bar Councils constituted under this Act and the Chairman,
Vice-Chairman, members,
[61]
. Omitted through Act XII of 2005.
[62] . Section 69, read as
under, was omitted, with effect from 8.7.1981, by the Federal Laws (Revision
and Declaration) Ordinance, 1981 (Ord. XXVII of 1981) Section 3 and Sch. II:--
"69. Removal of difficulties.--If any
difficulty arises in giving effect of the provisions of this Act, particularly
in relation to the holding of the first elections under this Act to a Bar
Council or the devolution or apportionment of the properties, assets, rights,
liabilities and obligations of the West Pakistan Bar Council constituted under
the said Act or the transfer of the proceedings pending before that Council,
the Federal Government may, by order published in the official Gazette, make
such provisions, not inconsistent with the purposes of this Act, as appear to
it to be necessary or expedient for removing the difficulty".
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