PAKISTAN BAR COUNCIL
NOTIFICATION
No. 4886/PBC/SEC/89 October
18, 1989
In exercise of the powers
conferred by Section 55 of the Legal Practitioners and Bar Councils Act, 1973
and in supersession of its Notification No. 3243/PBC/SEC/76 dated 1st June,
1976, the Pakistan Bar Council makes and promulgates the following rules:
SUPREME COURT BAR ASSOCIATION OF PAKISTAN RULES, 1989
PART I
NAME, OBJECTS AND
MEMBERSHIP Name and commencement:
(b)
The Rules shall come into force at once.
[2][Objects and Duties]:
2.
The objects of the Association shall be:--
(a)
to provide facilities to the members in performance of
their professional duties;
(b)
to preserve, promote and safeguard the interest of the
members;
(c)
to maintain higher professional standards of probity
and integrity amongst its members and to check and eradicate unprofessional
practices;
(d)
to aid and assist the Supreme Court in the
administration of justice;
(e)
to advance the cause of justice and the rule of law;
(f)
to execute and implement all directions and decisions
as made by the Pakistan Bar Council from time to time; and
(g)
to do all other things as may be necessary to achieve
the objects of the Association.
Definitions:
3.
Subject to the context, the following words and
expressions shall have the following meanings in these Rules:--
(i)
[3][`Advocate’ means a Senior Advocate, an
Advocate or an Advocate-on-Record of the Supreme Court.]
(ii)
'Association' means
the 4[Supreme Court Bar Association of Pakistan.]
(iii)
'Committee' means
the Executive Committee as constituted under Rule 8.
(iv)
'Council’
means the Pakistan Bar Council.
(v)
'Member' means
a member of the Association.
(vi)
'Supreme Court' means
the Supreme Court of Pakistan.
(vii)
The words not defined in these Rules shall carry the
same meanings which are given to them by the Legal Practitioners and Bar
Councils Act, 1973.
Membership:
4.
5[(a) Every Advocate shall become member of
the Association by applying in the prescribed form and payment of entrance fee
with one month's subscription as prescribed in Rule 6(a)(ii).
(b)
An Advocate shall apply for membership in the prescribed
form duly proposed by a member and seconded by another, accompanied by a
deposit of entrance fee with at least one month's subscription as prescribed in
Rule
6(a)(ii).]
5.
A copy of the Rules for the time being in force, shall
be supplied to every Advocate applying for membership.
4.
Amended vide Notification of the Pakistan Bar Council
dated 1.4.1993.
5.
The originally framed Rule 4 was as under:-
“Membership:
4(a)
Every advocate shall be eligible to become a member of the Association.
(b)
(i) Advocates who have applied and paid the prescribed
fee under the previous rules shall be deemed to be the members.
(ii)
All the Advocates, other than those mentioned in clause
(b)(i) above, may become members by applying in the prescribed form and payment
of entrance fee with one month’s subscription as prescribed in Rule 6(a)(ii).
(iii)
Enrolment of members shall remain suspended after the
expiry of the period of 30 days from the date of notification of the holding of
first election of office bearers of the Association.
(c)
(i) All Advocates desirous of being admitted as
members, after first election are held, shall apply for membership in the
prescribed form duly proposed by a member and seconded by another, accompanied
by a deposit of entrance fee with at least one month’s subscription as
prescribed in Rule 6(a)(iii).
(ii)
A proposal for membership shall be decided by the
Committee. In case it is rejected, the aggrieved advocate may file an appeal before
the Council within 30 days of the communication of the decision. The decision
of the Council shall be final.
(iii)
The time for filing of appeal may be extended if
sufficient cause is shown on the satisfaction of the Council for condoning the
delay.
This Rule was
substituted by the present text vide Notification of the Pakistan Bar Council
dated 29.7.2000.
Entrance Fee and Subscription:
6.
6[(a) The Membership fee for
admission as member shall be as under:
(i)
Life Membership fee for new members, Rs.6,000/-.
(ii)
Life Membership fee for existing Members,
Rs.5.000/-.]
(b)
The Committee may enhance membership fee from time to time subject to approval
of the Pakistan Bar Council.]
Non-payment of subscription:
7.
(a) A member who fails to pay monthly
subscription for 7[three] consecutive months shall be served with a
notice by the Secretary 7[requiring] the member concerned to pay the
arrears within one month of the receipt of the notice along with any additional
subscription due. If the member fails to pay the said arrears within the said
time, his membership shall 7[stand] suspended automatically. If the
member remains in arrears for a total period of six months inspite of the
receipt of the notice of the Secretary, his name shall be placed before the 8[ ] Committee for consideration of removing him
from membership. The Committee, after hearing the member, may condone the delay
if sufficient cause is shown and if the Committee be not satisfied, may remove
his name from membership:
6.
The originally framed Rule 6 reads as under:
“6.
(a) The entrance fee for admission as
member and monthly subscription shall be as under—
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Entrance fee
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Monthly
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subscription
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(i) Members already enrolled under
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Rule
4(b)(i)
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Nil
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Rs. 30/-
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(ii) Advocate to be
admitted as
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Member
under Rule 4(b)(ii)
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Rs. 250/-
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Rs. 30/-
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(iii) Advocate enrolled
after the
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first
election under Rule 4(c)
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Rs. 500/-
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Rs. 30/-
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(b)
The monthly subscription already paid by existing
members and members enrolled under Rule 4(b)(ii) shall be deemed to be their
monthly subscription for the month in which the first election is held.
(c)
The monthly subscription shall be paid by the members
in advance by the 10th of each month.”
The
figures “30”, “250”, and “500” occuring in clauses (i), (ii) and (iii) of
sub-rule (a) of Rule 6 were
substituted by the figures “50”, “500” and “1000”,
respectively, vide Notification dated
16.1.1993.
Rule
6 was further amended through Notification of the Pakistan Bar Council dated
28.7.1999 whereby
the words “after the first election” appeared in
sub-clause (iii) of clause (a) of Rule 6 were deleted and after sub-clause
(iii) of clause (a) the following sub-clauses (iv) and (v) were added:-
“(iv)
Life Membership fee for new and existing members Rs. 5,000/-
(v) The Committee may enhance the amount of
monthly subscription, entrance fee and life membership fee.”
The present text of Rule 6 was substituted
for the previous framed and amended Rule 6 through Notification of the Pakistan
Bar Council dated 4.7.2003.
7.
Amended vide notification of PBC published in the
Gazette of Pakistan Extraordinary (Part-II) dated
16.1.1993.
8.
The word “Executive” deleted ibid.
Provided that any member, whose membership
stands suspended, shall lose all privileges of a member during the period his
membership is under suspension. Provided further that the member whose
membership is under suspension may clear all the dues before the matter is
placed before the 8[ ]
Committee and on receipt of such payment the suspension of his membership shall
automatically stand removed.
(b) Any person
removed from membership by the 8[
] Committee under sub-rule (a) above may apply a fresh for membership in
accordance with the Rules with the deposit of entrance fee as per Rule 6 along
with all the arrears of subscription for which he was in default as well as the
period subsequent thereto upto the date of application.
PART II
ELECTIONS
Executive Committee
8.
The members 9[in accordance with election
programme declared by the Committee] shall elect every 10[year] an
Executive Committee consisting of (i) the President, (ii) Four Vice-Presidents
(iii) Secretary, (iv) 11[Additional] Secretary, (v) Finance
Secretary and (vi) 11[Fourteen] Members to be elected from amongst
the members in the manner prescribed under these Rules.
Qualification:
9.
12[A] candidate contesting election for any
of the post of office bearers mentioned in Rule 8 above must possess the
qualification shown against each post as under:-
13[(a)
President: The President shall be
elected from amongst the Members with not less than ten years standing as an
Advocate of the Supreme Court.
9.
Notification dated July 28, 1999 substituting the words
“in the general meeting”.
10.
Notification dated July 4, 2003 substituting the word
“year” for the words “two years”.
11.
The word “Joint” occuring between figures and signs
“(iv)” and word “Secretary” was substituted by the word “Additional” and the
word “twelve” occuring between figures and signs “(vi)” and word “members” was
substituted by the word “Fourteen” vide
Notification of the PBC dated 16.1.1993.
12.
The word “Every” occuring in beginning of Rule 9 was
substituted by the word “A”, vide
Notification of PBC dated 16.1.1993.
13.
The originally framed clause (a) of Rule 9
was as under:-
“(a) President:
The President shall be elected from amongst the Members with not less than ten
years standing as an Advocate of the Supreme Court or as a Senior Advocate of
the Supreme Court.”
•
The words “or as a Senior Advocate of the Supreme
Court” occurred at the end of sub-rule (a) of Rule 9 was deleted vide Notification of PBC dated
16.1.1993.
•
Following provisos were added to clause (a) of Rule 9 vide Notification of PBC dated
28.7.1999:-
“Provided that the Members belonging to a
particular province shall not be eligible to contest election for the office of
President for two consecutive terms.
Provided further that the Members from
Islamabad/Rawalpindi shall be deemed to belong to the Province of the Punjab.
Provided also that for the election to be
held in the year 1999 no member from the Province of the
Punjab shall be eligible to contest for the office of
the President.”
•
The present text of clause (a) of Rule 9 was substituted vide Notification of the PBC dated
4.7.2003.
Provided that the office of the President shall be rotated amongst the
provinces in the following manner:
(i)
Baluchistan;
(ii)
North West Frontier Province;
(iii)
Punjab;
(iv)
Sindh; and (v)
Punjab.
Provided also that only such member shall be eligible to contest the
election for the President who belongs to the province entitled to Presidentship
according to the rotation stated above and is otherwise qualified to be elected
as President.
Provided
further that the members from Islamabad/Rawalpindi shall be deemed
to belong to the Province of the Punjab.]
(b)
Vice-Presidents:
Four Vice-Presidents, one from each province of Baluchistan, N.W.F.P.,
Punjab and Sindh, shall be elected from amongst the members with not less than
7 years standing as Advocates, provided that the inter-se seniority of the
VicePresidents will be determined according to their age.
(c)
Secretary: The
Secretary shall be elected from amongst the members with not less than 5 years
standing as an Advocate of the Supreme Court [4][….]
(d)
[5][Additional Secretary: The Additional
secretary shall be elected from amongst the Members with not less than 3 years
standing as an Advocate and who ordinarily resides and practices at
Rawalpindi/Islamabad in the Supreme Court.]
(e)
[6][Finance Secretary: The Finance
Secretary shall be elected from amongst the members with not less than 3 years
standing as an Advocate and who ordinarily resides and practices at
Rawalpindi/Islamabad in the Supreme Court.]
(f)
15-a[Member of the Executive Committee:
Fourteen Members of the Executive Committee shall be elected from amongst the
Members having not less than 2 years standing as Advocate of the Supreme Court
of Pakistan; of whom at least two shall be from each Province having ordinary
place of practice in the Province concerned.”] Casual
Vacancies and Absence from Office:
10.
[7][…..] In
case the office of the President falls vacant on account of death, resignation
or incapacity to act as such or his removal or absence or his having obtained
leave from the 16[....]Committee, the most Senior Vice-President
shall act as the President 16[….] for the un-expired term of
the President or, as the case may be, unless the President resumes his office.
17[….]
11.
(a) Casual vacancies occurring in other offices
of Committee members may be filled in by appointment made by the Committee from
among its members in conformity with the rules regarding qualifications till
the next election is held or the incumbent resumes his office, as the case may
be.
(b) In case a
member so qualified is not available, the Committee may co-opt any member of
the Association with requisite qualifications for filling up the vacancy.
18[12.
The election of the office bearers and members of the 16[….]
Committee shall be held every [year] on or before 31st of October:
Provided that if the Committee
does not announce the schedule of election on or before 15th of September of
the relevant year, the office bearers and members of the Committee shall cease
to hold their offices immediately after 31st of October and meanwhile the
Executive Committee of the Pakistan Bar Council shall hold the election within
the stipulated time.]
13. 19[(a) The election of
office bearers and members of the Committee shall be conducted by the Committee
and it may constitute an Election Committee of five advocates of not less than
fifteen years standing as Advocate of the Supreme Court of Pakistan to oversee
the conduct of elections. Any sitting member of existing Committee desirous of
contesting election shall not be member of the Election Committee. The
Committee shall:-]
17. The following
originally incorporated clause (b) of Rule 10 was deleted vide Notification of PBC dated
16.1.1993:
“(b) The Committee shall take steps to hold a
by election as soon as possible for filling up the permanent vacancy for the
President or, as the case may be, the Vice-President in accordance with the
Rules.”
18.
The originally provided Rule 12 runs as under:-
“12. The election of the office bearers and
members of the Executive Committee shall be held every two years, except the
first election, which will be held on such date as the Pakistan Bar Council may
decide and for such period as it may prescribes.”
The above Rule 12 was substituted by present
text vide Notification of the PBC
dated 28.7.1999 except the word “year” appearing between the words “every” and
“on” which was substituted for the words “two years” through Notification of
the PBC dated 4.7.2003.
19.
The original clause (a) of Rule 13 except for its sub-clauses
(i), (ii) and (iii) runs as under:-
“(a)
The first election of the Executive
Committee shall be conducted by the Pakistan Bar Council, through a Committee,
which shall.”
The
above was substituted by the following vide
Notification of PBC dated 16.1.1993:-
“The first election of office bearers and
Committee shall be conducted by the Pakistan Bar Council through its Executive
Committee, provided that any Member of the Executive Committee of Pakistan Bar
Council who will contest election of any office of the Association, shall not
act in the Committee. The Executive Committee of
Pakistan Bar Council shall”.
The present
text was substituted for the above vide
Notification of the PBC dated 28.7.1999.
(i)
Prepare the list of voters in accordance with the
relevant provisions of Rule 4:
(ii)
issue the election programme setting forth the date,
time and place for filing of nomination papers, their scrutiny, hearing of
objections and decisions thereon, hearing of an appeal against any such
decision, issuing the final list of candidates, holding of elections,
unofficial count of votes, official count of votes including recount, if
necessary, and consolidation and declaration of results; and
(iii)
appoint Presiding Officers, Polling Officers and other
staff, as it deems fit.
(b) (i) any
person aggrieved by rejection of his nomination paper or acceptance of any
nomination paper may file an appeal before the Executive Committee of the
Pakistan Bar Council within two days of such decision.
(ii)
any person filing the appeal shall, on the date of its
filing, serve a notice of filing of the appeal on the respondent(s), if any, in
person or by a telegram:
Provided that a person at whose objection the
nomination paper has been rejected or a person whose nomination paper has been
accepted shall be deemed to have notice of the appeal, if any, and shall make
himself available on the date fixed for hearing of objections in person or
through an authorized agent at the time of hearing of the appeal, if he so
desires, failing which the appeal may be heard in his absence.
(iii)
The Executive Committee, after hearing the appellant
and the respondent, if any, and after perusing the relevant record, allow or
dismiss the appeal and its decision shall be final.
(c) (i) Any
candidate aggrieved by the result for the post for which he was a candidate or
aggrieved by any decision adversely effecting such result may file an appeal
before the Executive Committee of the Pakistan Bar Council within 15 days of
declaration of the result.
(ii)
The Executive Committee shall hear and decide the
appeal in its next meeting unless, for reasons to be recorded, the hearing is
adjourned to another date.
(iii)
The authority hearing the appeal may, in the interest
of justice, pass such interim orders, as it may think necessary.
[8][(d)]
Deleted.
14. (a) Every
election [9][…..]
shall be conducted by the [10][ ] Committee of the Association or through a
sub-committee appointed by it.
(b) The 22[ ] Committee, or as the case may be, the
sub-committee shall perform all duties and functions in relation to the
relevant election, as are enumerated in clauses (1)(ii) and (iii) of Rule
13(a).
[11][(c)
When the Committee or a sub-Committee conducts the election or performs the
duties and functions enumerated in clauses (i), (ii) and (iii) of Rule 13(a),
the provisions of sub-rules (b) and (c) of Rule 13 shall be applicable,
wherever the context so requires.]
(d) The term of
office of the office bearers and members of the Committee shall be [12][one
year] and it shall expire on [13][31st
October] of the [14][…..]
year.
PART III
MANAGEMENT AND CONTROL
15.
The affairs of the Association shall, subject to these
Rules and the control of the members in general meeting assembled, be managed
and controlled by the [15][ ] Committee and the office bearers shall act
and perform, in the manner prescribed, the duties assigned to them respectively
under these Rules or by the 27[
] Committee.
The President:
16.
(a) The President shall be the Chief Executive of the
Association and shall act subject to the control of the Committee and the
general meeting.
(b)
The President shall preside over all meetings of the
Association and the Committee at which he is present.
Vice-Presidents:
17.
In the absence of the President, the most senior
Vice-President [16][….]
shall act in place of the President and 28[…..] perform his duties
and functions.
Secretary:
18.
(a) The Secretary shall be the overall incharge of the
office of the Association and its record and shall carry out the directions
given to him, from time to time, by the general meeting, the President, or the 27[ ] Committee.
(b)
It shall be the duty of the Secretary to supervise the
secretarial work and carry on all correspondence of Association. In the
performance of his duties, he
shall act under any special
directions that might issue from the President, or the Committee, as the case
may be. The correspondence carried on by him on behalf of the Association shall
ordinarily be issued by him under his own signature, unless for any special
reason the President, considers it necessary to sign any important
communication that may have to be issued on behalf of the Association.
(c)
The Secretary shall sign all notices required by these
Rules to be sent to the members or any other person.
(d)
The Secretary shall record the proceedings of the
general meetings and the meetings of the Committee, which shall be
countersigned by the President after they are approved by the body concerned
and shall form part of the record of the Association.
[17][Additional] Secretary:
19.
In the absence of the Secretary, the Additional
Secretary shall perform his duties and functions.
Finance Secretary:
20.
(a) The Finance Secretary shall jointly with the
President and/or the Secretary operate the accounts of the Association if so
directed by the Committee.
(b)
He shall prepare the quarterly financial report of the
Association alongwith the statement of assets and liabilities of the
Association and shall place it before the Committee and submit his
recommendations for improvement of financial position of the Association.
(c)
Subject to the directions and control of the Committee,
he shall be responsible for raising funds for the Association.
[18][(d)
The Finance Secretary shall maintain proper accounts of the Association in such
form as the Committee may from time to time prescribe.]
(e) The Finance
Secretary shall cause to be prepared and placed on the notice board every month
an account showing the amounts due from the members of the Association and
issue notice to them.
PART IV
MEETINGS Meetings of
the Committee:
21.
The Committee shall ordinarily meet at least once
within every 3 months after the last meeting except during the months that fall
in the long summer vacations of the Supreme Court.
Powers of the Committee:
22.
The Committee shall, subject to the control of the
members in general meeting assembled, in addition to all other powers conferred
upon it by any of these rules, have the powers:--
(i)
to maintain such establishment of employees for the
Association as it may deem fit;
(ii)
to appoint and suspend or dismiss from their employment
any of its employees;
(iii)
to determine and regulate the remuneration, duties and
terms and conditions of service of all such employees;
(iv)
to expend within budgetary provisions to meet the
requirements of the Association;
(v)
to maintain a library for the use of members and
regulate its use either directly or through a sub-committee;
(vi)
to strive for obtaining grants-in-aid from the Federal
Government for maintenance of Library, Bar Room(s) and other necessities and
amenities for use and benefit of the members;
(vii)
to appoint, if any occasion arises, sub-committees for
the disposal of any class or kind of business and may regulate the manner in
which any such sub-committee shall discharge its functions, provided that an
appeal may be made to the Committee from any decision of a sub-committee which
adversely affects any member; and
(viii)
to make bye-laws, consistent with these Rules, for
regulating its own proceedings or that of any sub-committee appointed by it as
well as for the conduct of business by the Secretary and for regulating the
duties of all or any of the employees of the Association and the manner in
which the property, account and records of the Association are to be kept and
may amend the bye-laws so made at any time.
Notice:
23.
Notice of the meeting shall he sent to all members of
the Committee at least fifteen days in advance with the agenda unless, for
special reason, the President orders a shorter notice.
Quorum:
Annual and Special General Meetings
Annual General Meetings:
25.
(i) Annual general meeting shall be held in the month
of [20][October]
every year on a date, place and time to be fixed by the Committee.
(ii)
In the annual general meeting every member shall have a
right to participate and vote.
(iii)
In the annual general meeting the Secretary shall
present a report on the affairs and the general working of the Association for
consideration.
(iv)
[21][The
Finance Secretary shall present before the meeting accounts from 1st January to
31st December alongwith Balance Sheet and audited Accounts for approval.]
(v)
The Additional Secretary shall present a report in
respect of the Library and seek directions of the meeting for regulating and
improving the library.
(vi)
The meeting shall elect or appoint an auditor for the
next year, who shall audit the accounts of the Association and submit his
report.
(vii)
The meeting shall consider all motions and resolutions
directed at achieving all or any of the objects of the Association.
[22][(viii)]
Deleted.
Notice:
26.
Not less than [23][twenty-one]
days notice of the annual general meeting, alongwith the agenda shall be sent
to every member under a certificate of posting. Notice shall also be pasted on
the notice board of the library and in the offices of all the High Court Bar
Associations.
Quorum:
Special General Meeting:
28.
(a) Special general meeting may be convened for
consideration of any urgent matter relating to or concerning the objects of the
Association.
(b)
(i) The Committee, whenever it thinks necessary, may
convene special general meeting with a notice of [25][10]
days.
(ii) Not less than [26][one
hundred fifty] members may require the President to convene a special meeting.
Every such requisition shall be made in writing, shall state concisely the
business to be laid before the proposed meeting and shall be dated and signed
by the requisitionists under their names and delivered to the Secretary.
(c)
The special general meeting convened by the Committee
or on requisition shall not consider any business other than the business
entered in the notice of such meeting.
(d)
No resolution seeking amendments in the Rules shall be
considered in any special general meeting.
Notice:
29.
The Secretary, after consultation with the President
and within 7 days of the receipt of the requisition, shall issue a notice to
the members for a meeting to be held within 21 days of the receipt of the
requisition with at least ten days notice of the meeting to the members.
QUORUM OF ANNUAL AND SPECIAL GENERAL
MEETING:
[27][30.
One hundred and fifty members shall form the quorum of the meeting. If the
meeting is adjourned for want of quorum the quorum of the adjourned meeting
shall be one hundred members.]
PART V
EXPENDITURE AND ACCOUNT
31.
(a) The
expenditure of the association would be categorized into two heads:-
(i)
Recurring expenses which shall mean establishment
charges, cause list charges and book binding charges; and
(ii)
Non-recurring expenses which shall mean expenses other
than recurring expenses.
(b) The Secretary
is allowed to spend amounts required under head (i) above and upto Rs. [28][10,000]
in a month under head (ii) above without obtaining the previous sanction of the
Committee. The Committee may spend any amount subject to the control of the
Association.
Audit:
32.
The accounts of the Association shall be audited at
least once a year by the Auditor who shall examine the entire accounts of the
Association and shall have access to its accounts and vouchers during office
hours, throughout the year: Provided sufficient notice in writing is given by
him to the Secretary.
33.
The auditor shall check the Revenue Account and Balance
Sheet and shall, after making such corrections therein, as he may deem proper
countersign the same. The Auditor shall submit annually in the month of [29][March]
to the Committee a brief report on the state of the accounts. The auditor's
report shall be laid before the annual general meeting with the Revenue Account
and Balance Sheet for the period commencing from [30][1st
of January to 31st December of the relevant year.]
PART VI
THE LIBRARY
34.
The Committee shall be in over all control of the
Library of the Association and for the management and use of Library the
Committee may issue necessary instructions, frame bye laws, from time to time,
in that behalf and may amend any of the said instructions or bye-laws.
35.
The Committee may appoint a sub-committee to look after
the affairs of the Library and its staff.
36.
The Committee or, as the case may be, the sub-committee
shall print a catalogue of all the books of the Library and shall keep the said
catalogue upto date by printing list of the books purchased or received from
time to time and make the catalogue and additions thereto available to every
member free of charge or at such rates as the Committee may determine to defray
the printing expenses.
PART VII
POWERS AND PROCEDURE IN DEALING WITH
MEMBERS ETC.
Enquiry into offences:
37. (a) The
Committee shall have power, either upon complaint made to it, or of its own
motion, to enquire into the conduct of any member, so far as such conduct
relates to any breach of the rules or by-laws and for the purposes of any such
inquiry, may do all acts and things which may be necessary or expedient to
enable the Committee to render such inquiry affective; Provided that the
Committee shall not take any action as a result of such inquiry unless it
informs the member concerned of the nature of the charge and affords him a
reasonable opportunity of being heard.
(b)
If after such inquiry and after hearing the member
concerned, if he chooses to be heard, the Committee is of the opinion that a
breach of any of the Rules or bye-laws has been committed, it shall submit a
report to the general meeting.
(c)
The general meeting, after hearing the member
concerned, shall take the final decision by either exonerating him or expelling
the member or suspending the member from membership for a specified period or
reprimanding him.
PART VllI
MISCELLANEOUS
Cessation of Membership:
38.
Any member whose name has been removed from the Rolls
of the Advocates of a Bar Council shall cease to be a member from the date on
which his name is removed from the said Roll and if he is holding any office or
is a member of the Committee, he shall stand removed from the said office or
membership, as the case may be.
Appeals:
39.
(a) Every order or decision of the Committee shall be
subject to an appeal to the Executive Committee of Pakistan Bar Council by the
member adversely affected by such order or decision.
(b) Every such appeal shall be in writing and
shall be signed by the person affected and delivered to the Secretary of
Pakistan Bar Council within fifteen days of communication of the order or
decision from which the appeal arises.
[31][(c) Deleted.]
40.
Every resolution varying, adding to or canceling any of
the Rules shall be subject to approval by the Council and shall be attached to
these Rules and all variations, additions or cancellations thereby made shall,
unless be specified in such resolution, take effect as from the expiry of one
month after the passing such amendments.
The Rules of the Association shall be printed and if amended shall be
corrected and brought up-to-date by the Secretary, [32][Pakistan
Bar Council].
41.
These Rules shall come into force from the date of
notification in the official gazette.
Implementation:
42.
Should any difficulty in the implementation of the
provisions of these Rules touching and concerning the holding of First election
of the Association arise, it shall be within the competence of the Committee
appointed under Rule 13(a) by means of resolution to be passed by it in that
behalf, to so alter the relevant Rules as to remove the difficulties so as to
enable the elections to the various offices contemplated by the Rules, to be
held. Such a resolution passed by it will be placed in the next meeting of the
Council to confirm such amendments or to suitably alter them, thereby making
them a permanent part of the present Rules.
Amendments:
43.
Subject to the approval of the Council; the Rules can
be amended by a [33][two
third] majority of the membership of the Association participating at the
Annual General Meeting of the Association; Provided a notice of the proposed
amendments is duly sent to all members at least one month before the holding of
such a meeting. The move to amend these Rules can be sponsored by the Committee
or any thirty members:
[34][Provided
further that no such motion shall be considered by a meeting, which has been
adjourned due to lack of quorum.]
-----------------------
MEMBERSHIP FORM
(See Rule 4)
To
The Secretary,
Supreme Court Bar Association, lslamabad.
Dear Sir,
I hereby apply for the
membership of the Supreme Court Bar Association of Pakistan under Rule 4(ii) of
the Rules of the said Association. My particulars are as under: -
1.
Name:
2.
Father’s Name:
3.
Qualifications:
4.
Date of Birth:
5.
Nationality:
6.
Date of enrolment as:- (a) Pleader/Advocate:
(b)
Advocate of High Court:
(c)
Advocate of Supreme Court:
(d)
Advocate-on-Record/Attorney:
(e)
Senior Advocate of Supreme Court:
7.
Ordinary place of practice:
8.
Any other relevant information.
I enclose herewith a
Bank draft No. _____________ dated _____________ drawn on the Habib Bank
Limited, Supreme Court Branch, Islamabad, favouring the Supreme Court Bar
Association of Pakistan/Deposit Receipt for an amount of Rs. …………….. (to be
deposited in the account of the Supreme Court Bar Association in the above said
Branch of the Habib Bank) as the fee required under the Rules.
I request you to kindly enrol me as a member
of the Supreme Court Bar
Association of Pakistan.
Yours faithfully,
( )
Advocate,
Complete address with Telephone
Number.
--------------------
[1] . Amended vide Notification of the Pakistan Bar Council
dated 1.4.1993.
[2] . Amended vide
Notification of the Pakistan Bar Council published in Gazette of Pakistan,
Extraordinary (PartII), dated 16.1.1993.
[3] . Amended vide
Notification of the Pakistan Bar Council published in Gazette of Pakistan,
Extraordinary (PartII), dated 16.1.1993.
[4] . The words “and who
ordinarily resides and practices at Rawalpindi/Islamabad in the Supreme Court”
were deleted vide Notification of the
Pakistan Bar Council dated 16.1.1993.
[5] . Substituted ibid.
[6] a. Substituted vide PBC
Notification dated 21-01-2013
[7] . Clause (a) originally
numbered was re-numbered as Rule 10, the words “Executive” and “till
by-election is held” originally incorporated therein were deleted vide Notification of Pakistan Bar
Council dated 16.1.1993.
[8] . Deleted, vide
Notification of PBC dated 16.1.1993.
[9] . Notification dated July 28, 1999 deleting the words
"after the first election".
[10] . The word “Executive” deleted vide Notification dated 16.1.1993.
[11] . Substituted for the
following originally provided sub-rule (c) of Rule 14 vide Notification of PBC dated 16.1.1993:-
“(c) In case the Executive of the Association
decides to conduct the election and perform the duties and functions enumerated
in clauses (i), (ii) and (iii) of Rule 13(a) itself, the provision of sub-rules
13(b) and
(c) shall be applicable,
wherever the context so requires.”
[12] . Notification dated July - 4 - 2003 substituting words
"one year" for "two years".
[13] . Notification dated July 28 - 1999 substituting the words
"30th April".
[14] . Notification dated July - 4 - 2003 deleting the word
"relevant".
[15] . Word “Executive” deleted vide Notification dated 16.1.1993.
[16] . The words “in age” and “shall”, respectively, were
deleted, ibid.
[17] . Substituted for the word “Additional” vide Notification of PBC dated 16.1.1993.
[18] . Added, ibid.
[19] . Inserted vide
Notification of PBC dated 16.1.1993.
[20] . Notification of July 28, 1999 substituting the word
“April”.
[21] . Substituted, vide
Notification of PBC dated 16.1.1993.
[22] . Deleted, ibid.
[23]
. Substituting the word “thirty”
vide Notification dated 28.7.1999.
[24] . Deleted, ibid.
Rule 27 previously read as under:-
“One fifth of total membership shall form the
quorum of the meeting. If the meeting is adjourned for want of quorum, the
quorum of the adjourned meeting shall be one tenth of the total membership.”
[25] . Substituted for the figure “21”, vide Notification dated 28.7.1999.
[26] . Ibid. Substituting for the words “one-tenth of the total”.
[27] . Ibid. The previous Rule 30 reads as under:
“One fifth of the total membership shall form
the quorum of the meeting. If the meeting is adjourned for want of quorum the
quorum of the adjourned meeting shall be one tenth of the total membership.”
[28] . Ibid. Substituting for the word “5,000/-“.
[29] . Substituted for the word “October” vide Notification of PBC dated 16.1.1993.
[30] . Substituted for the words and figures “July of the
previous year to 30th of June of the Current year” ibid.
[31] . Deleted vide
Notification of the PBC dated 16.1.1993.
[32] . Added, ibid.
[33] . Substituted for the word “simple” vide Notification of PBC dated 16.1.1993.
[34] . Added, ibid.
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