Thursday, 11 December 2014

PAKISTAN BAR COUNCIL APPEAL RULES, 1986

PAKISTAN BAR COUNCIL APPEAL RULES, 1986
[Gazette of Pakistan, Extraordinary, Part II, 17th February, 1987]

S. R. O. 135 (1)/87, dated 15‑2‑87.‑In exercise of the powers conferred by section 55 read with section 13 of the Legal Practitioners and Bar Council Act, 1973 (XXXV of 1973), and all other enabling provisions in this behalf the Pakistan Bar Council hereby makes and notifies the follow­ing rules :‑

1. (i) These Rules may be called the "Pakistan Bar Council Appeal
Rules, 1986"
(ii) They shall come into force at once,
2. In these Rules unless there is anything repugnant in the subject
and context :‑
(i) "Chairman" means the Chairman of the Appeal Committee.
(li) "Committee" means an Appeal Committee for the respective
province constituted by the Pakistan Bar Council.
(iii) "Provincial Bar Council" means a Bar Council of the respective
province constituted under the Legal Practitioners and Bar Councils Act,
1973.
(iv) "Executive Committee" means an Executive Committee of a Provincial Bar Council constituted by the Provincial Bar Council concerned.
(v) The terms, words and phrases not defined herein above shall wherever the context so permits have the same meanings as is assigned to them under the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973).

3. Constitution of Appeal Committees.‑(1) The Pakistan Bar Council shall constitute for each province one or more Appeal Committees from amongst its members consisting of not less than three members and not more than five members.
(ii) The term of every Committee shall be the same as that of the Pakistan Bar Council itself unless the Bar Council when constituting the
Committee provides otherwise.
(iii) The Pakistan Bar Council shall elect a Chairman of each Com­mittee from amongst members of each Committee constituted by it.
(iv) The quorum for the meeting of the Committee shall be one‑half of the total number of members of the Committee.

4. Manner of Filing Appeals.‑(W An appeal against an order or decision of a Provincial Bar Council or an Executive Committee of a Provincial Bar Council shall be filed with the Chairman of the respective Committee either personally or through recognised agent or through registered post.
(ii`) Every Memorandum of Appeal shall be accompanied by a certified copy of the prder or decision appealed against, If the certified copy of thp
order or decision appealed against is not made available to the appellant he shall furnish an affidavit duly sworn by him in this behalf.
011 (iii) Every such appeal shall be accompanied by a deposit receipt of
Rs. 200 to be deposited in the collection account of the Pakistan Bar Council.
(iv) The appellant shall submit alongwith his memorandum of appeal all the documents he wishes to produce in support of his appeal alongwith affidavits of witnesses if any.

5. Functions of the Appeal Committee.‑(i) The appeal shall normally be laid before the Committee within ten days for admission of the appeal and grant of interim relief if prayed for.
(ii) For the admission of appeal and grant of interim relief it shall not be necessary to call a meeting of the Committee and it will be sufficient if the memo. of appeal and application for grant of interim relief is circulat­ed amongst the members of the Committee.
Every order or decision of the Committee shall be taken by majority.
(iii) The Appeal Committee shall bear the appeal, examine the record of the case, and record such evidence which it may deem necessary after pro­viding opportunity of hearing to the parties. It shall submit its report to the Pakistan Bar Council within two months with its recommendations.

6. Disposal of appeal by the Pakistan Bar Council.‑(i) The report of an Appeal Committee shall be laid, before the Pakistan Bar Council in its next meeting for decision.

(ii) The decision of the Pakistan Bar Council shall be communicated to the parties.

PAKISTAN LEGAL PRACTITIONERS AND BAR COUNCILS (AMENDMENT) RULES, 1987
[Gazette of Pakistan, Extraordinary, Part II, 25th July, 1987]

S.R.0.607(I)/87, dated 25‑7‑1987.‑‑In exercise of the powers conferred by section 55 of the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973) and all other enabling provisions in this behalf, the Pakistan Bar Council has resolved to make the following amendments in the "Pakistan Legal Practitioners & Bar Councils Rules, 1976";‑‑

1. Short title and commencement.‑‑ (a) These Rules may be called the "Pakistan Legal Practitioners and Bar Councils (Amendment) Rules, 1987".
(b) They shall come into force with effect from 12th February, 1987.

2. Amendment of Rule 86.‑‑ The number of Members of Committees provided in sub‑rules (a) (4) to (8) of Rule 86 be deleted and substituted by the words "such number of members as may be determined from time to time."

PAKISTAN BAR COUNCIL (AMENDMENT) APPEAL RULES, 1987
[Gazette of Pakistan, Extraordinary Part II, 25th July, 1987]

S.R.O. 608(1)/87, dated 25‑7‑1987.‑‑In exercise of the powers conferred by section 55 read with section 13 of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) and all other enabling provisions in this behalf, the Pakistan Bar Council has resolved to make the following amendments in "The Pakistan Bar Council Appeal Rules, 1986":‑‑

1. Short title and commencement.‑‑ (a) These Rules may be called
"The Pakistan Bar Council (Amendment) Appeal Rules, 1987".
(b) They shall come into force with effect from 30th June, 1987.

2. Amendment of Rules 5.‑‑ (a) In sub‑rule (i) of Rule 5 the word "ten" may be substituted by the word "fifteen".
(b) The following proviso be added after sub‑rule (i) of Rule 5:

"Provided that the Chairman may in appropriate cases grant the interim relief and his order shall be placed before the Committee for approval in its next meeting."

No comments:

Post a Comment