Friday, 12 December 2014

PAKISTAN BAR COUNCIL LEGAL EDUCATION RULES, 1978

PAKISTAN BAR COUNCIL
NOTIFICATION 
19th November, 1978
S.R.O 1319(1)/78.--In exercise of the powers conferred by Sections 13(j), 26(d) and 55(q) of the Legal Practitioners & Bar Councils Act, 1973 (XXXV of 1973) and all other enabling provisions in this behalf, the Pakistan Bar Council hereby makes and notifies the following Rules:--

THE PAKISTAN BAR COUNCIL LEGAL EDUCATION RULES, 1978
CHAPTER I
PRELIMINARY
1.            (i) These rules may be called the "Pakistan Bar Council Legal Education Rules, 1978".
            (ii)        They shall come into force with effect from 21st October, 1979:
  Provided that the admissions held before *[1st September, 1992] shall be governed by the practice and Rules as before.
2.            In these rules unless there is anything repugnant in the subject or context--
(a)      "Act" means the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973).
(b)      "Section" means a Section of the Act.
(c)      "University" means *[a] University established by law in Pakistan and having a faculty of law.
CHAPTER II
LEGAL EDUCATION
3.            (a) Graduates with law as optional subject *[shall] be preferred for admission to *[LLB (Part-l)];
                    *
[Provided that the Universities should introduce law as optional subject in B.A. Courses].
(b)     * [Admissions to LL.B. (Part-l) shall be on merits].
(c)     Subject to the provisions of sub-rules (a) and (b) above, 10 percent seats in a college shall be reserved for the sons/daughters of Advocates who shall compete for admission in the order of merit inter se.
(d)     A candidate is not eligible for admission to *[a law] course if:-
            (i)         he had been convicted of an offence involving moral turpitude.
                                               
*           Amended vide Notification published in the Gazette of Pakistan Extra (Part-II), February 3, 1992.
Pakistan Bar Council Legal Education Rules, 1978 119
(ii) *[he has been dismissed or removed from service of Government, any local Authority or institution incorporated by the Government under any statute for corruption or misconduct].
4.         NUMBER OF STUDENTS:
 A Section of a Class in a Law College and/or a Faculty of Law shall comprise of not more than 100 students.
5.         DURATION OF COURSE:
(a)         *[The duration for the course of LL.B. shall be not less than 3 years].
(b)         **[Deleted]  (c) **[Deleted]
6.            SYLLABUS:
 *[The syllabus for the LL.B. Examinations shall include the subjects prescribed and set out in the schedule hereunder].
7.            STAFF:
            (1)        *[Part-time teachers should possess the following qualifications:--
   LL.B. or Barrister-at-Law or equivalent qualification with five years standing at the Bar; or
  LL.M., Ph.D. or equivalent qualification or other such higher qualification as may be prescribed],
 (2) The *[ ...] teachers shall be governed by the terms and conditions of service prescribed in this behalf by the respective Universities.
8.            LIBRARY:
 *[A Law College or Faculty of Law shall have a Library of its own of not less than 5000 standard Law books covering all the statutes, Federal and
Provincial].
9.            MEDIUM OF INSTRUCTION:
            **[Deleted]
10.         CLASS HOURS:
            **[Deleted]
11.         ATTENDANCE:
            *[The minimum attendance percentage for students shall be 75 percent].
12.         EXAMINERS:
            **[Deleted]
                                               
*           Amended vide Notification published in the Gazette of Pakistan Extra, (Part-II), February 3, 1992. **.       Deleted, ibid.
120 Pakistan Bar Council Legal Education Rules, 1978
13.         PASS PERCENTAGE:
(a)         The pass percentage shall be 40 percent in individual papers and 50 percent in aggregate.
(b)         There shall be only two Divisions - 1st and 2nd. Those who obtain 60 percent or more marks shall be placed in 1st Division.
14.         EXAMINATIONS:
(a)         *[Only failed candidates and those placed in compartment shall be allowed to avail of the Supplementary Examination. However, a student placed in compartment shall not be permitted in the next University higher examination without having passed all the papers in which he had failed].
(b)         One who fails thrice in an Examination shall be debarred from appearing in further examination:
  Provided that if a student fails to appear at an examination within 3 years after completing his terms, he shall not be allowed to appear in the examination.
CHAPTER III
INSPECTION
15.         BOARD OF STUDIES AND FACULTIES OF LAW, ETC.
(a)         The Pakistan Bar Council and the Provincial Bar Councils shall be given adequate representation on the Board of Studies, Faculties of Law, Board of Governors and other organizations set up for governing the Law Colleges and/or Faculties of Law.
(b)         All the Law Colleges and/or the Faculties of Law where legal education is imparted shall be inspected by such inspection teams that may be appointed in this behalf by the Pakistan Bar Council.
(c)         *[ The inspection teams so appointed by the Pakistan Bar Council shall comprise of Members of the Pakistan Bar Council, a Judge of the High Court and two Principals/Professors/Associate Professors of Law from the University.
(d)         The Teams so appointed may inspect teaching and general working of
all the Law Colleges and/or Faculties of Law where teaching is imparted to ensure the compliance with these rules.
(e)         The Pakistan Bar Council may in the event of any of these rules not being complied with by a college or University, may after giving due opportunity to show cause, de-recognise the degree of such University.
                                               
*           Amended vide Notification published in the Gazette of Pakistan Extra, (Part-II), February 3, 1992.
Pakistan Bar Council Legal Education Rules, 1978 121
CHAPTER IV
16. The Pakistan Bar Council may in consultation with the Provincial Bar Councils and the various Universities amend and/or add to these rules as and when expedient.
*            
["SCHEDULE]
[See Rule 6]
LL.B. (Part- I)

PAPER – I
JURISPRUDENCE
PAPER – II
ISLAMIC JURISPRUDENCE
PAPER III
CONSTITUTIONAL LAW - I

1.         The British Constitution

2.         The Constitution of the USA
PAPER – IV
LAW OF CONTRACT

1.         Contract Act, 1872

2.         The Sale of Goods Act, 1930
PAPER – V
LAW OF TORTS
PAPER – VI
CRIMINAL LAW

1.         The Pakistan Penal Code, 1860; and 

2.         The Hudood Laws, 1979
PAPER - VII
LAW OF EQUITY AND SPECIFIC RELIEF

1.         Maxims of Equity

LL.B. Part - II
2.         The Specific Relief Act, 1877
PAPER – I
CONSTITUTIONAL LAW - II

The Constitution of Pakistan, 1973
PAPER – II
ADMINISTRATIVE LAW
1.            Administrative Law
2.            Laws of Civil Service
PAPER – III
COMPANY LAW

1.         Companies Ordinance, 1984

 All Provisions of the Companies Ordinance, 1984

2.         The Partnership Act, 1930
                                               
*           The schedule was substituted vide Notification of the PBC dated 18.10.2005.
122 Pakistan Bar Council Legal Education Rules, 1978
PAPER – IV
LAW OF TRANSFER OF PROPERTY

1.         The Transfer of Property Act, 1882

2.         The Registration Act, 1908
PAPER – V
MUSLIM PERSONAL LAW
PAPER – VI
PUBLIC INTERNATIONAL LAW
PAPER - VII
LL.B. (Part - III)
CONSTITUTIONAL HISTORY OF PAKISTAN
PAPER – I
LAW OF CIVIL PROCEDURE

All provisions of the Civil Procedure Code and Limitation Act

1.         The Civil Procedure Code, 1908

2.         The Limitation Act, 1908
PAPER – II
CRIMINAL PROCEDURE CODE AND MEDICAL JURISPRUDENCE

1.         The Criminal Procedure Code, 1898

2.         Medical Jurisprudence
PAPER - III
LAW OF EVIDENCE AND LEGAL ETHICS

1.         Qanoon-e-Shahadat Order, 1984

2.         Legal Ethics
PAPER - IV
LEGAL DRAFTING

1.         Conveyancing

2.         Pleadings
PAPER - V 
INTERPRETATION OF STATUTES

1.         Principles of Interpretation of Statutes

2.         General Clauses Act, 1897
OPTIONAL PAPERS:
Students will be required to choose two out of the following eight papers (subject to the availability of qualified teacher)

Optional Paper - I
Intellectual Property Laws

Optional Paper - II
Environmental Laws

Optional Paper - III
Banking Laws

Optional Paper - IV
Labour Laws

Optional Paper - V
Taxation Laws

Optional Paper - VI
Land Laws

Optional Paper - VII
Minor Acts

Optional Paper - VIII
Human Rights

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