THE PUNJAB LOCAL GOVERNMENT
LEGAL ADVISORS RULES, 2003
[SOV(LG)1-4/2003]
[29th July, 2003]
1.
Short title
and commencement. - (1) These rules may be called the Punjab Local
Governments (Legal Advisers) Rules, 2003.
(2)
They shall come into force at once.
2.
Definitions.
- In these rules, unless the subject or context otherwise requires-
(a)
“Advocate” means an advocate as defined in the
Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973);
(b)
“Government” means Government of the Punjab in
the Law & Parliamentary Affairs Department;
(c)
“Local Government” means a Local Government as
defined in the Ordinance; and (d) “Ordinance”
means the Punjab Local Government Ordinance 2001 (XIII of 2001).
3.
Qualifications.-
(1) A Legal Adviser shall be an Advocate who has been practicing as such
for not less than five years immediately before the last date fixed for the
receipt of applications for appointment as a Legal Adviser.
(2)
A Senior Legal Adviser shall be an Advocate of Supreme
Court of Pakistan having at least twenty years experience at the Bar.
4.
Procedure
for appointment - (1) A Local Government desirous of engaging a Legal
Adviser on regular basis shall invite applications through advertisement at
least in two National daily newspapers indicating the requisite qualifications,
experience, standing of the advocate and the maximum remuneration offered:
Provided that it would be clearly indicated
in the advertisement that a Legal Adviser may be appointed at a remuneration,
which may be less than the remuneration offered: Provided further that where
the remuneration to be paid does not exceed one thousand rupees, the
advertisement may be dispensed with.
(2)
The candidates shall be advised to address their
applications to the Local Government concerned and also forward a copy of the
application along with annexure to Government.
(3)
The Local Government concerned shall forward to
Government all applications of the candidates along with its recommendations.
(4)
The recommendations received from the Local Government
concerned shall be considred by a Selection Committee comprising the
following:-
(i)
Law Minister Chairman
(ii)
Secretary to Government of the Punjab,
Law & Parliamentary Affairs
Department, Member
(iii)
representative of the Local Government &
Rural Development Department who
shall
be an officer not below the rank
of BPS-18; and Member
(iv)
representative of the DCO: Member
Provided that
Government may at any time alter the constitution of the committee or increase
or decrease the number of its members.
(5)
The committee shall approve the name of the Advocate to
be appointed as a Legal Adviser and the remuneration to be paid to him.
(6)
The Advocate approved by the committee shall be
appointed by the Local Government concerned on the terms and conditions fixed
by Government.
5.
Duties[1]. – (1) It shall be the duty of a Legal Adviser or an Advocate engaged by
a Local Government to tender legal advice to and to appear in legal proceedings
on behalf of the Local Government which has appointed or engaged him as the
case may be.
(2)
The Legal Advisor appointed or Advocate engaged shall
not, without seeking prior approval of the Local Government concerned, make a
statement before any court, tribunal or authority that may amount to admission,
compromise, adjustment of claim or materially affect the case of the Local
Government.
(3)
If a statement is made in violation of sub-rule (2), a
Legal Advisor or an Advocate, as the case may be, shall be personally
responsible to the Local Government concerned for any loss caused to it by such
statement.
(4)
For this purpose, the Local Government concerned shall
make a reference to the Secretary, Law & Parliamentary Affairs Department,
Government of the Punjab, against the Legal Advisor or an Advocate, as the case
may be.
(5)
On receipt of reference, unless rejected summarily, the
Secretary, Law & Parliamentary Affairs Department, Government of the
Punjab, shall appoint an enquiry officer to conduct the enquiry and submit his
findings within thirty days including as to the loss, if any, caused to the
Local Government by such statement and proposing the action to be taken against
the delinquent Legal Advisor or an Advocate, as the case may be.
(6)
The Secretary Law & Parliamentary Affairs
Department, Government of the Punjab, shall, after affording the Legal Advisor
or an already retired and existing personnel of Local Councils Services
constituted under Punjab Local Government Ordinance, 1979.
6.
Remuneration.
- (1) Subject to these rules, a Legal Adviser shall be paid such
remuneration as may be fixed by Government.
(2)
Save as provided in sub rule (4) of rule 8, the
remuneration shall be fixed on monthly retainership fee or salary and shall not
be on case to case basis.
7.
Tenure. - A
Legal Adviser shall be appointed for two years:
Provided that the same person may again be
appointed as a Legal Adviser in accordance with these rules.
8.
Number of
Legal Advisers. - (1) except with the prior approval of the Government a
Local Government shall not have more than one Legal Advisor.
(2)
Where a Local Government has more than one legal
Adviser, one of them shall be designated, with the approval of the Government,
as the Senior Legal Adviser and the others shall work under his instructions.
(3)
If the circumstances of a Local Government so require,
it may, with the prior approval of Government, have separate Legal Advisers for
High Court and Supreme Court cases.
(4)
If a Local Government does not have adequate number of
court cases justifying the appointment of a Legal Adviser on regular basis, or
if any case of importance requires the engagement of a Special Advocate, it may
engage advocates on case to case basis with the prior approval of Government
and on such terms and fees as may be fixed by Government.
9.
Vacation of
office. - (1) The office of a Legal Adviser shall stand vacated on the
expiry of the term for which he had been appointed.
(2)
Notwithstanding anything contained in sub-rule (1) the
services of a Legal Adviser may, at any time, be dispensed with by Government
under intimation to the Local Government concerned on service of one month's
notice or payment of remuneration for the said period and a Legal Adviser may
give up his appointment likewise.
10.
Transition.
- Where a vacancy of a Legal Adviser occurs on the expiry of his tenure or
otherwise, he may, subject to the approval of Government continue to serve or
the Government may appoint a Legal Advisor, pending appointment of Legal
Adviser through the procedure herein contained, for such period and on such
terms and conditions as may be determined by Government.
11.
Submission
of periodic statement. - A Local Government shall forward to Government,
after every quarter of a year, a statement showing the progress of the cases
dealt with by its Legal Advisors or Advocates engaged by it.
12.
Bar against
appointments. - No Local Government shall appoint a Legal Adviser or engage
an Advocate save in accordance with these rules.
13.
General
supervision. - Government may issue instructions or directions generally or
to a
Local Government specifically
on matters relating to the appointment, functions and duties of Legal Advisers
in respect of a case or cases generally, or may call for information in
connection therewith as it may deem appropriate. The instructions or directions
shall be complied with by the Local Government concerned.
14.
Savings. - Nothing
in these rules shall apply to the appointment of a Civil Servant as a Legal
Adviser in subject to the Punjab Civil Servants Rules for the time being in
force.
15.
Repeal. - On
promulgation of these rules, (i) Punjab Local Councils (Legal Advisors) Rules,
1987 shall stand repealed.
Provided that the all actions taken in
pursuance of Punjab Local Council (Legal Advisors) Rules, 1987 and not
inconsistent with any provision of these rules or the Ordinance shall have
effect, as if these were
taken under these rules.
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