PAKISTAN BAR COUNCIL
NOTIFICATION
September 8, 1999
S.R.O.
1095(1)/99.—Whereas it is expedient and necessary to make changes in the
“Pakistan Bar Council Free Legal Aid Scheme, 1988” and to improve the same with
the objective of providing free legal aid to indigent litigants, the Pakistan
Bar Council, in exercise of its powers conferred by Section 13(1)(la) and (n)
of the Legal Practitioners & Bar Councils Act, 1973 (Act XXXV of 1973) and
all other enabling provisions in this behalf, hereby makes the following
Rules:-
THE PAKISTAN BAR COUNCIL FREE LEGAL AID RULES, 1999
1. Name and commencement:
(a)
These Rules shall be called as “The Pakistan Bar
Council Free Legal Aid Rules, 1999”.
(b)
They shall come into force at once.
2. Definitions:
In these Rules unless there is anything repugnant in the
subject or context:
(1)
“Act” means the Legal Practitioners & Bar Councils
Act, 1973.
(2)
“Poor”, “destitute”, “orphan”, “widow”, “indigent” and
“deserving” means a person who is entitled to Zakat or his financial position
and income resources are not sufficient to bear the expenses for engaging an
Advocate to prosecute, defend and protect his legal rights in genuine
litigation.
(3)
“Central Committee” means a Committee constituted under
Rule 5.
(4)
“Provincial Committee” means a Committee constituted
under Rule 6.
(5)
“District Committee” means a Committee constituted
under Rule 7.
(6)
“Prescribed” means prescribed by these Rules.
3. Scope of the Rules:
(a)
These Rules shall provide free legal aid to the poor,
destitute, orphan, widows, indigent and other deserving litigants involved in
the following categories of cases:--
(i)
Accidents.
(ii)
Succession Certificate.
(iii)
Family Laws.
(iv)
Ejectment.
(v)
Illegal Detention.
(vi)
Abuse of power and authority by the police, law
enforcing agency and Executive.
(vii)
Neglect of duties by Government departments, Local
Councils/bodies and local authority/agency.
(viii)
Public interest litigation.
(ix)
Such other cases or category of cases as may be
approved from time to time by the Central Committee.
(b)
These Rules aim to promote legal literacy and create
awareness amongst the general public about their legal rights and their
protection.
4. Free Legal Aid Committees:
There shall be
constituted the following Committees for the purposes of rendering free legal
aid under these Rules:--
(i) Pakistan
Bar Council Central Free Legai Aid Committee;
1
[(ii)
Pakistan Bar Council Provincial Free Legal Aid Committee at principal seat of
each High Court of the Province and at each Bench/Circuit of the respective
High Courts.]
(iii) Pakistan
Bar Council District Free Legal Aid Committee for each District.
5. Central Free Legal Aid
Committee:
(a)
This Committee shall consist of not more than five
members of Pakistan Bar Council elected by it and having at least one member
from each Province of Pakistan. The Committee as constituted at present shall
continue for the remaining term of the sitting Pakistan Bar Council.
(b)
It shall provide free legal aid to a deserving person
or a litigant in the Supreme Court or any Tribunal, Authority and/or a Court
functioning at federal level including the Wafaqi Mohtasib.
(c)
The term of office of this Committee shall be
co-extensive with the term of the Pakistan Bar Council electing the
Committee.
(d)
The members of the Committee shall elect one of its
elected members to be the Chairman of the Committee.
(e)
The decision of the Committee shall be taken by
majority and the quorum of the Committee meetings shall be one third of the
members.
(f)
(i) The Chairman may authorize one of Members of the
Committee to receive an application for free legal aid at each registry of the
Supreme Court and deal with and decide the same in consultation with him.
(ii) The funds of the Pakistan Free Legal Aid
Committee shall be deposited in a separate Bank account in a scheduled Bank to
be approved by the
1. Substituted
vide Notification of the Pakistan Bar Council dated 28-01-2002.
Committee and the account shall
be jointly operated by the Chairman of the Committee and the Secretary of the
Pakistan Bar Council.
2
[Provided that
in case of urgency, the Chairman of Central Free Legal Aid Committee will be
competent to take a decision on receipt of an application for free legal aid
subject to formal approval of the Committee in its subsequent meeting.]
(g) The
Central Free Legal Aid Committee shall be in over all control of all its
sub-committees and Committees of all Provinces and Districts in respect of
distribution of free legal aid and may issue such directions, as it may deem
fit, for implementation of the Rules subject to the policy laid down by the
Pakistan Bar Council from time to time.
3
[6. Pakistan Bar Council Provincial Free Legal Aid Committees:
(1)
In each province of Pakistan there shall be constituted
Provincial Committees to be known as Pakistan Bar Council Provincial Free Legal
Aid Committees at the principal seat and at Benches/Circuits of the High Courts
of Punjab, Sindh, NWFP and Baluchistan, as the case may be, and consisting of:-
(i)
One Member of the Pakistan Bar Council from the
Province concerned to be nominated by the Central Free Legal Aid Committee of
the Pakistan Bar Council.
(ii)
Not more than two members of the concerned Provincial
Bar Council from amongst the Members hailing from the respective territorial
jurisdiction of the High Court, to be nominated by the Central Free Legal Aid
Committee.
(iii)
Presidents and Secretaries of the High Court Bar
Association at the principal seat and at the Benches/Circuits, as the case may
be, by virtue of their offices.
(iv)
Two Advocates of not less than five years standing at
the Bar who should be Members of the concerned High Court Bar Association to be
nominated by the Central Free Legal Aid Committee.
(v)
The Member of the Pakistan Bar Council nominated under
clause (i) above, shall be the Chairman of the concerned Committee whereas the
Secretary of the High Court Bar Association concerned shall be the Secretary of
the respective Committee.
(2)
The decisions of the Committee shall be taken by
majority and presence of its 3 Members shall constitute the quorum for its
meetings. However, in case of urgency, the Chairman will be competent to take a
decision on receipt of an application subject to formal approval of the
Committee in its subsequent meeting.
(3)
The concerned Committee will provide free legal aid to
deserving person/litigant in the High Court and/or Tribunal, Authority or Court
functioning at the provincial level including the Provincial Mohtasib,
functioning within its territorial jurisdiction.
2. Added vide Notification of
the Pakistan Bar Council dated 28-01-2002.
3. Substituted ibid.
(4) The term of
office of each member of the Committee shall be co-extensive with the term of
office of such member by virtue of which he is on the Committee except the
Members nominated from the Bar under clause (iv) of sub-rule (1) whose term of
membership shall be subject to the substitution, if any, by the Central Free
Legal Aid Committee:
Provided that in
case of fresh elections for the said post or resignation from the said post of
membership of the Committee or in case the member is unable to or incapable of
performing his duties of such office or membership of Committee, the seat shall
be deemed to have fallen vacant and the vacancy shall be filled in by reference
to the relevant provisions of Rule 6(1)(i)(ii)(iii)(iv) and (v).]
7. Pakistan Bar Council
District Free Legal Aid Committee:
(a)
In each District of a Province there shall be
constituted a District Committee to be known as the Pakistan Bar Council
District Free Legal Aid Committee for the District concerned and consisting
of:--
(i)
Not more than one member of the Provincial Bar Council
from the District concerned to be nominated by the [1][Central
Free Legal Aid Committee of the Pakistan Bar Council.]
(ii)
President and Secretary of the District Bar
Association, respectively, by virtue of office.
[2][(iii)
Two Advocates of not less than three years standing at the Bar who should be
members of the concerned Distt. Bar Association.]
(b)
The District Committee shall provide free legal aid to
a deserving person or a litigant in any Court or Tribunal or before any
authority or Court functioning at the District level [3][or
sub-divisional level.]
(c)
The term of office of each member of the Committee
shall be co-extensive with the term of office of such member by virtue of which
he is on the Committee and in case of fresh elections for the said post or in
case of resignation from the said post or from the Membership of the Committee
or in case the Member is unable to or incapable of performing his duties of
such office or membership of the Committee, the seat shall be deemed to have
fallen vacant and the vacancy shall be filled in by reference to the relevant
Provisions of para 7(a) above [4][except
the members nominated from the Bar under clause (iii) of sub-rule (a) whose
membership shall be subject to the substitution, if any, by the Central Free
Legal Aid Committee]
(d)
The Member of Provincial Bar Council of the District concerned,
as nominated, shall be the Chairman of the District Committee whereas the
Secretary of the concerned District Bar Association shall be the Secretary of
the District Committee. In case of non-availability of Member of the Provincial
Bar Council from the District
concerned, the President of the District Bar Association will act as Chairman
of the Committee.
Explanation
(i)
For Karachi, all the Districts of Karachi Division
shall be deemed to be one District for the purposes of these Rules and the
President and Secretary of Karachi Bar Association shall be the Member and the
Secretary of the District Committee for Karachi.
(ii)
If there are more than one Secretary of any District
Bar Association, the Senior Secretary shall be deemed to be the Secretary for
the purpose of these Rules.
(e)
The decision of the Committee shall be taken by
majority and [5][presence
of its two members shall constitute the quorum of its meeting]. In case of
urgency, the Chairman of District Committee will, however, be authorized to
take a decision on receipt of an application subject to approval of the
Committee in its next meeting.
8. Applications For Free Legal
Aid and their disposal:
(a)
Any person desirous of free legal aid shall submit an
application on the prescribed form [6][or
on simple paper] to the appropriate Committee or Chairman/Member of the
appropriate Committee so authorized and such application shall be supported by
an affidavit of the applicant and accompanied by the judgments/orders and other
necessary documents providing him cause of action for or against the suit,
appeal or proceedings in a Court of law.
(b)
The application shall be decided by the respective
Committee or its Chairman/Member in the manner stated herein above as soon as
possible and each Committee or its Chairman/Member shall be free to grant free
legal aid as provided in the schedule hereto or a part thereof.
(c)
The free legal aid for professional fees will only be
granted in case no Advocate is available to take up or conduct the case free of
charge.
(d)
Each Committee shall maintain the following panels of
lawyers practicing within the area of its operation:-
(i)
Lawyers voluntarily prepared to take up/conduct cases
without charging any fee.
(ii)
Lawyers prepared to take up/conduct cases on charging
the fee or part thereof as set out in the schedule.
(iii)
The above panels may be sub-divided category-wise
according to choice of advocate concerned in respect of type of cases he would
like to handle.
(e)
A Committee may request any advocate to conduct one
case in a year free of charge.
(f)
Each member of Pakistan Bar Council and Provincial Bar
Councils may conduct at least one case in a year that may be assigned to him by
a Free Legal Aid Committee.
9. Funds of Committee:
The funds of the Central Free Legal Aid Committee shall
consist of:--
(i)
Funds allocated by the Pakistan Bar Council, the grants
sanctioned by any Government, Local or other body or authority and voluntary
contributions made by the Bar Councils, Bar Associations, Advocates, any other
Institution, Foundation, Trust, Organization or an individual.
(ii)
The funds of the Committee shall be spent and regulated
as provided in these Rules and instructions issued by the Pakistan Bar Council
from time to time.
10. Utilization of Funds:
(1)
The funds shall be controlled, utilized and disbursed
only by the Central Committee for providing free legal aid in the manner and to
the extent authorized under these Rules to cover any of the following type of
expenses:--
(i)
Court fee, process fee, copying charges, diet money and
conveyance of Witness and/or all other charges payable in the Court or to the
Tribunal or Authority concerned for initiating, prosecuting or defending the
proceedings in the Court or before the Tribunal or Authority.
(ii)
Professional fee payable to an advocate.
(2)
The Chairman, Central Free Legal Aid Committee shall be
authorized to make payment of misc. expenses/court fee etc. and part payment of
professional fee of an Advocate.
(a)
on receipt of a request/recommendation from a
Provincial Committee or District Committee; and
(b)
in appropriate cases fall under the domain of the
Central Committee.
11. Control of Committees:
(i)
The Pakistan Bar Council may from time to time issue
directions to the Central, Provincial and District Committees for the effective
and smooth implementation of the Rules and such directions shall be binding
upon them.
(ii)
These Rules may be amended from time to time by the
Pakistan Bar Council.
12. Repeal:
(1)
The Free Legal Aid Scheme published under S.R.O. No.
135 (1)/88 dated 22nd February, 1988, is hereby rescinded and repealed.
(2)
The Rules of Guidance for Provincial Bar Councils to
provide free legal aid as framed by the Pakistan Bar Council and published in
Gazette of Pakistan, Extra (Part-ll), dated 29-12-85, since have not been
adhered to and implemented by the Provincial Bar Councils and therefore, the
Pakistan Bar Council had launched/framed its own free legal aid scheme/Rules
which have been put in operation, are hereby repealed.
SCHEDULE
I. FORM OF APPLICATION:
[See Rule 8(a)]
1.
The Chairman,
Pakistan Bar Council,
Central Free Legal Aid Committee,
Islamabad.
2.
The Chairman,
Pakistan Bar Council,
Provincial Free Legal Aid Committee Punjab at
Lahore/Sindh at Karachi/N.W.F.P. at
Peshawar/Baluchistan at Quetta.
3.
The Chairman,
Pakistan Bar Council,
District Free Legal Aid Committee.
____________________.
SUB: PROVISION OF FREE LEGAL AID.
Dear Sir,
I, being very poor, hereby apply for free
legal aid under the "Pakistan Bar Council Free Legal Aid Rules, 1999"
for pursuing my case pending/to be instituted/filed in the
______________ Court. The nature
and particulars of my case are detailed as under:--
1.
_____________________________________________________________
_____________________________________________________________
2.
_____________________________________________________________
_____________________________________________________________
3.
_____________________________________________________________
_____________________________________________________________
4.
_____________________________________________________________
_____________________________________________________________
5.
_____________________________________________________________
_____________________________________________________________
2.
Copies of the relevant documents/orders/judgments as
detailed below, are enclosed.
1.
_____________________________________________________________
2.
_____________________________________________________________
3.
_____________________________________________________________
4.
_____________________________________________________________
5.
_____________________________________________________________
3.
My other particulars are given below:
1.
Name: _______________________________________________________
2.
Father’s Name:
________________________________________________
3.
I.D. Card:
_____________________________________________________
4.
Source of earning/
______________________________________________ Livelihood
5.
Monthly income from all sources
___________________________________
6.
Whether the applicant
___________________________________________ possess any moveable/
immoveable and/or other property/assets, if yes, the particulars and detail
thereof.
7.
If the applicant
_________________________________________________ possess any property/ assets,
the reason of seeking, fee legal aid.
8.
Whether the
___________________________________________________
Applicant is liable to pay Wealth Tax/Income tax.
9.
Whether the
__________________________________________________
Applicant is entitled to Payment of Zakat
I hereby state on
solemn affirmation that the contents of my application are true and correct. If
any of the above mentioned particulars/facts are found incorrect or false, I
shall be liable to pay to the Pakistan Bar Council all the expenses incurred by
it for providing me the free legal aid.
I also undertake
that the cost, if any, awarded in my favour by the Court, shall accrue for the
benefit of free legal aid funds of the Pakistan Bar Council.
Signatures of the
Applicant/Deponent.
Full Address.
______________________
______________________
______________________
II. Rate of Professional fees for
conducting cases by Advocates. [See Rule 8(b)].
1. CASES
IN THE SUPREME COURT:
(i)
Advocate: Maximum
upto Rs. 5000/-
(ii)
Advocate-on-Record:
Maximum upto Rs. 1000/- 2. CASES
IN THE HIGH COURT:
(i)
Detention/Habeas/Bail: Maximum
upto Rs. 2000/- (ii) Regular
Appeals/Writ: Maximum upto Rs. 3000/-
3. CASES
IN THE LOWER COURTS:
(i)
Bail:
(ii)
Others } Maximum upto
Rs. 2000/-
Sd/-
(Sh.
Muhammad Naeem Goreja)
Vice-Chairman
Sd/-
(Muhammad
Arshed)
Secretary
------------------------
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