SINDH LEGAL PRACTITIONERS AND BAR COUNCIL RULES 2002

Thursday, 11 October 2012

SINDH LEGAL PRACTITIONERS AND BAR COUNCIL RULES 2002

CHAPTER - 1 SHORT TITLE AND DEFINITION

1. (a) These Rules may be called Sindh Legal Practitioners and Bar Council Rules, 2002.

(b) It shall come into force with effect from 1st November 2002 and shall be deemed to have been enforced from the said date.

2. In these Rules, unless there is anything repugnant to the subject or context:

(a) “Act” means the Legal Practitioners and Bar Council Act, 1973 (Act XXXV of 1973).

(b) “Bar Council” means the Sindh Bar Council.

(c) “Bar Association” means a Bar Association recognised as such under these Rules.

(d) “Chairman” in relation to the Sindh Bar Council means its Chairman and in relation to any of its Committees, the Chairman of the Committee concerned and in the absence of the Chairman includes the Vice Chairman or any Member presiding over a Meeting of the Bar Council or its Committee.

(e) “Vice Chairman” means Vice-Chairman of the Bar Council elected under Section 6 of the Act.

(f) “Committee” means a Committee constituted under the Act or these Rules.

(g) “Form” means a form appended to these Rules and includes any other form approved by the Bar Council or its Committee from time to time.

(h) “Member” means a Member of the Bar Council under Section 5 or Section 16 of the Act.

(i) “Rules” or “these Rules” means rules framed under Section 56 of the Act.

(j) “Secretary” means the person appointed as such by the Bar Council and includes any person to whom the functions of the Secretary are, for the time being, entrusted by the Bar Council or its Chairman.

(k) “Voter” means an Advocate whose name for the time being appears on the (Divisional Rolls) of the Council and to whom an Identity Card has been issued by the Sindh Bar Council and who is not in arrears of dues of the Sindh Bar Council.

Words and expressions defined in the Act and used in these Rules shall, unless the context otherwise requires, have the same meaning assigned to them in the Act.

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CHAPTER - I I FIRST MEETING

3. First Meeting

The Chairman shall, within one month of the commencement of the term of the Bar Council, fix a date, time and place of the First Meeting of the Bar Council.

4. Election of Vice Chairman

At the first Meeting of the Bar Council the Vice Chairman shall be elected from amongst the elected Members of the Bar Council.

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CHAPTER - I I I CHAIRMAN, VICE-CHAIRMAN & SECRETARY

5. Functions and Duties of the Chairman

(a) The Chairman shall perform the functions and duties assigned to him by the Act and the Rules and shall be responsible for ensuring due compliance of the Provisions of the Act and the Rules.

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(b) When the Office of the Vice Chairman is vacant, the Chairman shall within one month of the occurrence of the vacancy, fix a date, time and place for holding election. The Secretary shall send to every Member a notice showing the date and place fixed there for.

6. Functions and Duties of the Vice Chairman

The Vice Chairman shall have the same responsibilities and powers of the Chairman under these Rules and shall discharge the function of the Chairman only in case the Chairman is incapable of acting. He shall be Ex-officio Member of every Committee constituted under Section 10 (3) of the Act and shall be responsible for coordinating the functions of all such Committees

7. Secretary

(a) There shall be a Secretary of the Bar Council to be appointed by the Bar Council. In case of emergency, the Chairman/Vice Chairman may nominate any person to discharge the functions of the Secretary till the next Meeting of the Bar Council, when the matter will be placed before it.

(b) Subject to the provisions of the Act and the Rules, the Secretary shall, under the supervisory control of the Executive Committee, exercise such powers and such functions as may be entrusted to him by the Bar Council.

(c) Notice of the Meeting of the Bar Council and of its Committees shall be issued by the Secretary.

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CHAPTER - I V MEETINGS

Summoning of Meetings

8. Ordinary Meetings of the Bar Council may be convened by the Chairman or in case he is for some reason unable to act, the Vice-Chairman may convene such Meetings, provided that not more than three months shall elapse between any two Meetings of the Bar Council.

9. Time and place of Meetings

Date, time and place of a Meeting of the Bar Council shall be fixed by the Chairman, unless the Bar Council has fixed any specific date, time and place for a particular Meeting. The said date, time and place may be changed by the Chairman provided that more than 50% of the total number of Members of the Council express their desire in writing for the change of such date, time and place of the Meeting.

10. Notice of Meetings

When a Meeting of the Bar Council is summoned by the Chairman / Vice Chairman, the Secretary shall issue to each Member a notice of not less than eight days, stating date, time and place of the Meeting. The notice will also contain a list of business to be transacted at the Meeting.

Provided that the Chairman / Vice Chairman may, in case of emergency, call a Meeting of the Bar Council at a notice of not less than 3 days.

11 Resolution by Circular

If in the opinion of the Chairman or Vice-Chairman, a Resolution initiated needed to be adopted, it is necessary to obtain written consent / opinion of the Members of the Council and the same will be circulated amongst the Members, and if the majority of the Members give their consent to the same, the same shall be deemed to have been adopted by the Council.

Provided further, in case of emergency, the Sindh Bar Council or any of its Committee on the initiation of 10 Members in case of the Council and two Members in case of the Committee, may by Circulation pass a Resolution by a majority of total numbers of Members.

Provided also that the Resolution so passed shall be placed before the next Meeting of the Council or its Committee, as the case may be, for confirmation.

12. Quorum

Necessary Quorum for the Meeting of the Sindh Bar Council shall be 10 and for a Meeting of its Committee shall be two (2) Members.

Provided that when a Meeting is adjourned for want of Quorum, the quorum for the adjourned Meeting shall be at least 5-Members in case of the Council and for a Meeting of its committee two Members of the Committee.

13. A Meeting of the Bar Council shall be presided over by the Chairman, in his absence by the Vice-Chairman, and in the absence of both by a Member voted to the Chair by the Members present. A Meeting of a Committee shall be presided over by the Chairman of the Committee or in his absence, by a Member voted to the Chair by the Members present.

14. Save as otherwise provided in these rules, business not included in the list of business shall not be transacted in any Meeting unless the majority of the Members present at the Meeting permit to do so.

15. Business set down for any day and not disposed of on that day shall be set down for the next Meeting in preference to any new business unless the Chairman in his discretion otherwise directs.

16. Mode of Address

A Member desiring to raise a point of order or point of privilege or desiring to speak on any matter at a Meeting of the Bar Council shall rise in his seat or if unable to do so shall otherwise intimate his desire to the Chairman of the Meeting and shall speak only with the permission of the Chairman and shall address the Meeting standing, except when permitted otherwise by the Chairman of the Meeting. If at any time the Chairman rises to address, the Member shall resume his seat.

17. Decision

All decisions at a Meeting of the Bar Council will be by majority of the Members present and voting. In case of equality of votes the Chairman of the Meeting shall have casting vote.

18. The Secretary shall prepare a full report of the proceedings of the Bar Council at each of its Meeting under the direction of the Chairman of the Meeting as soon as practicable, enter it in a Minute Book and put it up for confirmation at the next Meeting of the Bar Council. If the Minutes are confirmed by a subsequent Meeting the Chairman of the Meeting confirming the same shall sign it in token of confirmation. All the Members of the Bar Council or the Committee, as the case may be, shall be entitled to inspect the Minute Book at all reasonable times.

19. Any matter determined by the Bar Council shall not be reopened within

three months of the date of such decision unless two-third of the total Members place requisition in writing in this respect.

20. A Member desiring to place a matter for consideration of the Bar Council may give

notice of that matter to the Secretary, who shall, unless the Chairman/Vice Chairman otherwise decides, enter the matter in the list of business for the subsequent Meeting.

21. The Chairman and in his absence the Vice-Chairman shall convene a Meeting of the Bar Council on the receipt of a requisition signed by not less then ten Members of Bar Council within a week of the requisition but in emergency it may be called within any shorter period so as to suit the emergency. In case the Chairman or the Vice-Chairman do not call a requisitioned Meeting, the same may be convened by the requisitionists and all expenses in this behalf shall be borne by the Bar Council and the proceedings conducted at the Meeting shall be deemed to be the proceedings of the Bar Council.

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CHAPTER V COMMITTEES

22. The Bar Council shall within one month from the commencement of the term of the Council constitute from amongst its Members one or more of the following committees:-

Law Reforms Committee, Benevolent Fund Committee, Privileges Committee, Library Committee, Examination Committees, Law Journal Committee, Rules Committee, Advocate Rolls Preparations and Correction Committee, Legal Education Committee, Finance Committee, Anti-Corruption Committee, Inter Provincial Relationing Committee and other Committee or Committees deemed necessary and expedient by the Council.

23. Any Committee constituted by the Bar Council under Rule 22 shall not comprise of more than 5 Members including the Chairman of the Committee.

24. (a) The Chairman of every Committee constituted under Section 10(1) of the Act and Rule 22 shall unless elected by the Bar Council, be elected by the Members of the Committee concerned.

(b) The term of every Committee except the Examination Committee constituted u/s 10(1) of the Act and under Rule 22 shall be one year and all the Meetings of all the Committees will be convened by the Chairman of the concerned Committees provided that such Meetings could also be called and convened on the requisition made by two Members of the concerned Committees.

(c) No Member shall hold Membership of more than two Committees; excluding the Examination Committees, and shall not hold Membership of a particular Committee for more than two consecutive years. Similarly the Chairman of the Committees shall also not hold the said office for more than one year and a Member cannot become Chairman of more than two Committees simultaneously.

25. Vote of Chairman

The Chairman of a Committee shall be entitled to vote in his individual capacity but in case of equality of votes amongst its Members, the Chairman shall have a second or casting vote.

26. Every Committee constituted under Rule 22 shall submit its report after every six months touching its business and performance during the said period; failing which the Council may dissolve the said Committee and constitute another Committee in its place

27. Executive Committee

(a) Except as expressly provided in the Act and the Rules and subject to the supervision and general control of the Bar Council the Executive Authority of the Provincial Council shall vest in the Executive Committee and shall be exercised either directly or through its Committee. Provided that the Bar Council may, by Resolution, directions or orders specify the manner in which the Executive Committee shall exercise its powers and functions.

(b) Without prejudice to the generality of the provisions contained in Sub-rule (a), the Executive Committee shall have the power and functions to supervise and deal with all matters regarding administration of the Bar Council, to recommend to the Bar Council, to implement the decision of the Bar Council and to receive and deal with the representations and complaints by Advocates and Resolution passed by Bar Associations.

(c) Subject to the approval of the Bar Council to appoint, remove and dismiss the staff of the Bar Council, the Executive Committee shall also have the power to appoint, suspend, remove or dismiss a Member of the staff drawing a salary of not more than Rs. 5000/- per mensum. In case of an emergency, the Chairman of the Executive Committee may exercise such powers.

28. The Executive Committee shall be responsible for realising all the monies due to the Bar Council and for management, administration and utilisation of the fund of the Bar Council in accordance with the authorisation and sanction of the Annual Financial Statement and Supplementary Financial Statement of the Bar Council.

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CHAPTER VI FINANCIAL PROVISIONS

29. Fund

All the monies received by or on behalf of the Bar Council shall be credited to the Fund of the Bar Council and shall be kept in such Bank or Banks as the Bar Council may from time to time specify. Bank accounts shall be operated in such manner as the Bar Council may by a Resolution determine.

30. Budget

An annual Financial Statement in respect of every financial year containing a statement of the estimated receipts and expenditures for the year as approved by the Executive Committee shall be placed before the Bar Council for authorisation and sanction.

31. Supplementary Budget

If in respect of any financial year it is found that the amount authorised to be expended for a particular service for the current financial year is insufficient or that a need has arisen for expenditure upon some new service not included in the Annual Financial Statement for that year, or that any money has been spent during a financial year in excess of the amount granted for the service for that year the Executive Committee shall have power to authorize expenditure from the fund of the Bar Council and a supplementary Financial Statement shall with a report, if any, of the Executive Committee there for, be placed before the Bar Council for authorisation and sanction.

32. Statement of Accounts

Account Books shall be maintained in due course wherein all receipts and disbursements shall be duly entered and statement of accounts shall be prepared at each quarter and placed before the Executive Committee and the Bar Council at the first Meeting after the same is ready.

33. Audit Report

The Accounts Books so maintained shall be audited by a Chartered Accountant and a detailed Audit Report, along with such remarks as the Chartered Accountant deems necessary to make, shall be placed before the Executive Committee atleast fifteen days before the date of the Meeting of the Bar Council in the beginning of a financial year or as soon as possible thereafter at which Meeting it shall be placed before the Bar Council alongwith a report, if any, of the Executive Committee.

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CHAPTER VI I ENROLMENT OF ADVOCATES

34. APPRENTICESHIP

(a) Every person, except a person mentioned in rule 41 herein, who intends to practice as an Advocate, shall have to undergo training regularly for a continuous period of Six months as a Pupil in the Chamber of an Advocate of not less than ten years standing, whose name appears on the Roll of the Bar Council and who has paid the dues of the Bar Council upto date.

(b) A written intimation shall be sent on Form “P” prescribed and appended to these Rules by a person intending to become an Advocate and joins as a Pupil with an Advocate and same shall be supported by a copy of LL.B. Degree or a Marks Sheet or Provisional Certificate issued by the Controller of Examination of the concerned University alongwith a payment slip of Rs. 1000/- in favour of Bar Council being intimation fee. “P” Form should be signed by the Pupil and his Senior Advocate and be sent to the Secretary Bar Council within one month after the commitments of pupilage; falling whereof the Pupilage shall be deemed to have commenced from the date of receipt of the said Form by the Secretary in his office.

(c) An Advocate with whom a person, received training in accordance with Sub- Rule (a) herein above shall give a Certificate in Form “B” appended to these Rules. Provided that no Advocate shall take more than two Pupils at a time. No Advocate shall be entitled to have a Pupil under his training if he is in arrears of dues of the Council.

(d) An Advocate who gives false Certificate in this behalf shall be guilty of professional misconduct.

35. Application for Admission

Any person qualified for admission as an Advocate under Section 26 read with Rule 34 may make an Application in form “A” appended to these Rules, if he propose to practice within the jurisdiction of the Sindh Bar Council.

All such Applications shall be placed before an Examination Committee and if the Applicant is found fit, the application will be forwarded to the Enrolment Committee.

36. Particulars to be furnished

The Application shall be accompanied by

(a) Satisfactory evidence of the Applicant’s date of birth:

Explanation

The date of birth recorded in Birth Certificate issued by competent authority or given in the Matriculation Certificate or School Leaving Certificate shall be treated as authenticate and correct.

(b) Satisfactory evidence of the qualifications under Section 26 of the Act and Rules 34;

(c) Two Certificates from Advocates whose names appear on the Roll of Bar Council, having not less than ten years standing at the Bar and against whom the Disciplinary Committee has not found any prima facie case, as to the character and conduct of the Applicant. Certificate must provide the date of enrolment and the Registration Number of the Identity Card, issued by the Bar Council in favour of the Advocate issuing such Certificate. No Advocate shall issue such Certificate if he is in arrears of the Bar Council or against whom the Disciplinary Committee has found a prima facie case.

(d) A duly attested Affidavit on Stamp Paper stating inter-alia the following facts:-

(i) No criminal proceeding or professional misconduct proceeding were ever instituted or are pending adjudication against the Applicant in or outside Pakistan.

(ii) The date and years of passing of Academic Qualifications of Matriculation to LL.B examinations.

(iii) An explanation with regard to the considerable gaps, if any, in between his academic examinations and joining of Pupilage.

(iv) That during the period of his pupilage the Applicant was not engaged in any business, profession, vocation or service. If the Applicant was engaged in any service prior to the commencement of pupilage, he should explain the nature of service and submit a certificate from competent authority showing the date of joining the service and the date of leaving the same with reasons thereof. If engaged in business the Applicant should explain the nature of business, the nature of his engagement therein and the fate of the said business duly supported by documents and that he was not declared bankrupt or insolvent and any other Document/Certificate showing his engagement in any other Profession or Vocation.

(e) a) A receipt of payment of Rs. 700/- or any amount prescribed in this behalf, in favour of Sindh Bar Council towards enrolment fee.

b) A receipt of payment of Rs. 200/- or any amount prescribed in this behalf paid in favour of Pakistan Bar Council.

c) A receipt of payment of Rs 500/ towards Building Fund.

d) A receipt of payment of Rs. 1800/- or any amount prescribed in this behalf paid in favour of Sindh Advocates Benevolent Fund.

Additionally in case of Age Limit crossing 30 years upto the age of 65 years following payments will be made:-

i) Rs. Nil upto the age of 30 years.

ii) Rs. 7000/- upto the age of 35 years.

iii) Rs. 10000/- upto the age of 40 years.

iv) Rs. 15000/- upto the age of 45 years

v) Rs. 20000/- upto the age of 50 years

vi) Rs. 25000/- upto the age of 55 years.

vii) Rs. 40000/- upto the age of 60 years and Rs. Upto the age 65 years.

(f) An Undertaking that he would become a Member of a Bar Association of the District / Taluka, where he proposes to practice generally within one month after his enrolment.

(g) A list of atleast ten cases in which he has assisted his senior duly signed by his senior giving the brief facts and the law involved in those cases.

(h) Four latest and duly attested Passport size Photographs in Court Dress, together with copy of N. I. C. duly attested;

(i) A Certificate of Apprenticeship from the concerning Senior on form “B” appended to these Rules.

36-A Condonation of delay

If the papers for Enrolment mentioned under rules 34 & 35 are not submitted by the Applicant within three months from the date of completion of training the following further sum shall be payable for the delay as under:-

a) Rs. 300/- for one month delay.

b) Rs. 500/- for two month delay.

c) Rs. 800/- for three months delay.

d) Rs. 1500/- for 12-months delay and

e) Rs. 5000/- for delay up to 30 months.

Thereafter the intimation shall stand cancelled, and the Applicant shall have to under go the same process as a fresh trainee.

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CHAPTER VIII EXAMINATION

37. (a) Every Applicant applying for admission as an Advocate shall have to pass a written examination in addition to Viva-Voce Examination, held quarterly under the directions and supervision of the Legal Education Committee of the Council pertaining to the following subjects with upto date amendments:-

i) Civil Procedure Code 1908.

ii) Criminal Procedure Code 1898/ Pakistan Penal Code 1860.

iii) Qanoon-e-Shahadat 1984.

iv) Limitation Act 1908.

v) Constitution of Islamic Republic of Pakistan 1973.

vi) Legal Practitioners and Bar Councils Act, 1973 and Rules 2002.

(b) Every Applicant applying for admission as an Advocate shall have to pass a written examination before his Viva-Voce Examination. The Applicant shall have to pass written examination in maximum four attempts spread over a maximum period of two and a half years.

(c) If the Applicant fails to pass the written examination within the period stipulated hereinabove, he shall not be entitled to appear in any examination and he shall not be entitled to be enrolled as an Advocate.

(d) On such failure of the Applicant as stated herein above, the Bar Council shall inform all other Bar Councils of the Country within a week of such result about the particulars and result of the Applicant and such an Applicant shall not be entitle to appear in any examination in any other Council.

(e) The Legal Education Committee shall be responsible for holding written examination, appoint Examiners for evaluating the answer book and compiling the result. Provided that the result of the written examination shall be declared within a period of fortnight and the result will be intimated to the Applicant / Candidate through Registered Post at the given address and affix on the notice Board of the Council.

(f) The written examination shall initially be held at Karachi and at such other centres as may be notified by the Legal Education Committee.

38 Examination Fee

Every Applicant for written examination shall have to deposit Rs. 1000/- as fees for written examination at the time of submission of his/her intimation form.. This amount will be deposited in the account of the Sindh Bar Council.

In case of failure of the Applicant in the written examination in the first attempt, the Applicant will be entitled to appear in subsequent written examination as stipulated in rule 37 hereinabove and for all subsequent attempts he will have to deposit Rs. 500/= for each subsequent attempts.

39. The mode, method and conduct of the written examination will be such as may be decided by the Legal Education Committee.

40. Viva-voice Examination

After passing the written examination every applicant shall have to pass a Viva-voce examination, which shall be held by the Examination Committee under the directions and Supervision of the Enrolment Committee in the Following subjects with upto date amendments:-

i) Civil Procedure Code 1908

ii) Criminal Procedure Code 1898 / Pakistan Penal Code 1860.

iii) Qanoon-e-Shahadat 1984.

iv) Limitation Act 1908.

v) Constitution of Islamic Republic of Pakistan 1973.

vi) Legal Practitioners and Bar Councils Act, 1973 and Rules 2002.

vii) Relevant Laws involved in the list of cases submitted by the Applicant.

41. The Enrolment Committee may exempt the following persons from training and examination provided in Rules 34 and 37 Supra.

(a) Applicants who have received LL.M. Degree from any University in Pakistan or a University recognised under Section 26(i) (c) (iii) of the Act or a Degree or Diploma which is declared by the Pakistan Bar Council to be equivalent to that degree.

(b) Applicants who have for atleast five years held a Judicial Office in Pakistan or who have for a like period held a post in the service of Pakistan, the duties whereof entail interpretation or drafting of Law.

(c) Applicants who after having been called to the Bar in England have completed a full one year training with a Senior Council in England which training thereafter entitles them to appear independently in Courts in England.

(d) Applicants who after having been enrolled as practising lawyers in any place within Pakistan or outside Pakistan have (to the satisfaction of the Enrolment Committee of the Bar Council) practiced there for full one year.

(e) An application for exemption from training under this Rule shall be accompanied with a payment slip of Rs. 5000/- deposited in favour of Sindh Bar Council towards exemption fee.

Explanation

Explanation: Person employed as Director, Dy. Director, Assistant Director (Legal) in Agricultural Development Bank of Pakistan and a Senior Law Officer in the Law Division of any Bank either private or nationalized, or any such post in Government or Semi Government or Organization shall not be treated at par with the term “Judicial Officer in Pakistan” or in “Service of Pakistan”.

42. All Applications for admission as an Advocate of the High Court shall be in form “C” appended to these Rules and shall be accompanied by :-

(a) A duly attested Affidavit on Stamp Paper stating interalia the following facts :-

(i) That the Applicant fulfils the requirement of Section 27 of the Act with details in respect thereof.

(ii) That no Criminal Proceedings or Professional Misconduct Proceeding was ever instituted or is pending adjudication against the Applicant in or outside Pakistan: and

(iii) That during the tenure of practice the Applicant was not engaged in any business, profession, vocation or service and he has remained active in profession throughout.

(b) Two Certificates from Advocates, whose names appear on the Roll of the Bar Council, having not less than ten years standing, as to his being a fit person to be admitted as an Advocate of the High Court. The Certificates must provide the date of enrolment and the Registration Number of the Identity Card, issued by the Bar Council in favour of the Advocate issuing such Certificate. No Advocate shall issue such Certificate if he is in arrears of dues of the Bar Council.

(c ) A receipt of the payment of Rs. 2500/- or any amount prescribed in this behalf paid in favour of Sindh Bar Council ;

(d) A receipt of the payment of Rs. 1000/- or any amount prescribed in this behalf, paid in favour of Pakistan Bar Council on their prescribed form.

(e) A “Dues Clearance Certificate” from recognized Bar Association of which he is a Member.

(f) A list of at least ten cases with complete details conducted by the Applicant during the tenure of his practice before the Subordinate Courts supported by certified copies of Vakalatnamas of these ten cases

(g) A receipt of payment of Rs. 200/- (Rupees Two Hundred ) or any amount prescribed in this behalf paid in favour of Sindh Bar Council towards Enrolment Certificate Fee.

(h) All such Applications for admission as an Advocate of the High Court shall be granted only for a term of five years from the date of such grant. After the expiry of initial period of 5 years, every Advocate of the High Court shall apply for renewal of his license for another 5-years by paying a renewal fee of Rs.500/-. Every such application for renewal shall be supported by an affidavit, stating that he was continuously practicing as an Advocate of the High Court and a Certificate from the President of the High Court or District Bar Association or Member of the Bar Council that he knows the Advocate and that he was practicing as an Advocate during the last 5 years regularly. Every such Advocate shall be a contributory to the Benevolent fund.

( i ) All those Advocates who have been enrolled as an Advocate of the High Court shall apply for renewal of their “Identity Card” after every five years from the date of their enrolment as an Advocate of the High Court and such application for renewal of “Identity Card” shall be supported by an Affidavit to the effect that such Applicant has been regularly practicing in the High Court coupled with a Certificate to the same effect issued by the President of the concerning High Court Bar Association or District Bar Association or the Member of Bar Council alongwith Renewal Fee of Rs: 500/- .

43. Reference to the High court

The Enrolment Committee shall forward an Application for admission under Section 27 clause (c ) to the High Court and after approval therefrom shall be dealt with in accordance with the procedure herein provided for the enrolment.

The application for exemption under theses Rules shall be accompanied by a payment slip of Rs. 10000/- deposited in favour of Sindh Bar Council towards exemption fee.

44. Scrutiny of the Application

(a) The Secretary shall in case of Application pertaining to the enrolment of Subordinate Courts, ensure that the Applicant is qualified in terms of Section 26 of the Act and the Rules made there-under and shall forward the Application to the Enrolment Committee within 15 days from the date of passing the Viva-Voce Examination by the Applicant;

(b) An Applicant may, prior to his enrolment apply for withdrawal of his enrolment application and such application shall be placed before the Chairman Executive Committee for orders. In case of withdrawal the enrolment fee shall not be refunded but the applicant will be entitled to the refund of the amount paid towards the Benevolent Fund.

45. Summary Inquiry

The Enrolment Committee may, before it passes an order granting the application or returning it to the Bar Council, make such summary inquiry as it thinks fit.

46. Disposal by the Enrolment Committee

(a) The Enrolment Committee shall, before granting the application ensure that the Applicant has undergone such training and passed such examination as prescribed, he has duly complied with the provisions of the Act and the Rules made there under and in case of the enrolment of High Court, he is a fit person to be admitted as such;

(b) The Enrolment Committee shall decide the Application within four weeks of the receipt thereof. Certificate of Enrolment will be issued within one week on Form “E” and “F” as prescribed by the Pakistan Bar Council. The Certificate will be signed by the Secretary and the Chairman / Vice Chairman of the Bar Council..

(c) The Enrolment Committee may refuse to enrol a person otherwise qualified, on the grounds of his removal from the Roll of Advocates of any Bar Council or the pendency of Criminal proceeding or proceedings for professional misconduct against him in Pakistan or on any other sufficient and reasonable grounds.

47. Renewal

Licences issued in form ‘E’ to practice before the Subordinate Courts shall be valid upto 31st December of the year in which it was issued and should be renewed every year by or before expiry of that year.

48. Disposal by the Bar Council

Where the Enrolment Committee returns an application under Section 31 of the Act, the same shall be considered and disposed of by the Bar Council in its next Meeting and its decision shall be communicated to the Applicant immediately.

48-A An Advocate duly enrolled by any other Provincial Bar Council, may apply for being placed on the Roll of Sindh Bar Council on transfer basis, subject to the payment of Rs. 2000/- as fee and the Benevolent Fund contribution in terms of rule 2.2. of the Benevolent Fund Rules and furnishing of No-Objection Certificate from the concerned Provincial Bar Council, and an endorsement shall be made against his name in the Roll of Sindh Bar Council showing the name of the Bar Council where he was originally enrolled. In order to constitute his enrolment file, the Applicant shall submit his application on Form “A” as well as Educational Certificates and Degrees together with any other required relevant Documents.

48-B Such application shall be placed before the Enrolment Committee for necessary orders and if granted, date of enrolment shall be the same as mentioned in the Enrolment Certificate issued by the concerned Bar Council in terms of Section 31 of the Act.

48-C An application for issuance of “No Objection Certificate” from Sindh Bar Council to any other Provincial Bar Council shall be accompanied with a payment slip of Rs. 200/- (Rupees Two Hundred) or any amount prescribed in this behalf to be deposited in favour of Sindh Bar Council towards “No Objection Certificate” fee.

49 Advocate desiring to discontinue

An Advocate may apply for the suspension of his Licence, if he is desirious to dis-continue his practice in order to start a business or to join any service or some other profession or vocation and his name be altogether removed from the Rolls. Such application, if no dues are outstanding against the applicant, shall be placed before the Vice-Chairman of Bar Council or Chairman of Executive Committee for necessary Orders. If an Advocate fails to apply for suspension of his licence and has joined service or some other profession, the operation of the licence shall be deemed to have been suspended from the date he joined service or some- other profession.

50 Resumption of practice

(a) An advocate whose licence was suspended under Rule 49 may apply for termination of suspension or to resume legal practice. The Applicant shall submit an Affidavit in support of his Application stating therein as to what he was doing during the period his licence was suspended along with service certificate or any other document giving the proof of closing of his business or other professional /vocational engagements. The application will be placed before the Enrolment Committee for necessary orders. The Enrolment Committee may refuse permission to resume practice to person, otherwise qualified, on the grounds of a bar provided in Sub-Section 2 of Section 26 of the Act or of his being removed from the Roll of Advocates by any Provincial Bar Council in or outside Pakistan or the pendency of a Criminal proceeding for offences involving moral turpitude or proceeding of Professional Misconduct pending against him in or outside Pakistan or on any other sufficient and reasonable ground.

(b) Application under Rule 50 shall be accompanied with a Receipt for the payment of Rs. 1000/- (Rupees One Thousand) in the case of Lower Courts Advocate and Rs. 2000/- (Rupees Two Thousand) in the case of Advocates of High Court or any amount so prescribed in this behalf to be paid in favour of Sindh Bar Council as resumption fee.

51. Receipts

The Secretary shall issue a Renewal Receipt in form ‘C’ appended to these Rules, to every Advocate paying the Annual Fee of Rs. 200/- (Rupees Two hundred) or any other amount prescribed by the Pakistan Bar Council in this behalf. Payment slip of the amount alongwith a Clearance Certificate from the Bar Association of which he is a Member under a covering letter must be submitted to the Bar Council for renewal of the licence.

52. Late fee

An Advocate who fails to pay the Annual fee by the prescribed date, he shall be liable to pay a further fee maximum of Rs. 60/- or any amount prescribed by the Pakistan Bar Council in this behalf..

53. Condonation of delay

An application for condonation of delay together with the receipt of the dues and the late fee thereon may be made to the Bar Council accompanied with certified copy of Order / Judgment of at least five cases in which has appeared. The Vice Chairman of the Bar Council or Chairman of Executive Committee shall decide the said application.

54. Striking off the name

The Chairman of the Executive Committee will be competent to strike off the name of an Advocate in exercise of the powers under proviso to Sub-Section 4 of Section 34 and an Appeal against his order will lie to the Bar Council. The name of the Advocate so struck off from the Roll shall be intimated to the District Bar Association and the District Judge concerned who will ensure that no such person is allowed to practice legal profession within their District.

55 Restoration of name to the Roll

The Chairman of the Executive Committee will be competent to order the restoration of the name of an Advocate whose name has been struck off from the Roll under Section 34 of the Act. On payment of such dues with late fee thereon along with the penalty equivalent to the total amount of both accompanied with certified copy of Order / Judgment of at least five cases in which Advocate has lastly appeared. In case the Application is rejected by the Chairman Executive Committee the matter will be placed before the Enrolment Committee for final decision.

56 Membership of Bar Association

(a) No person shall practice as an Advocate unless he is a Member of such a Bar Association of the place at which he generally practices, has been recognised under the Rules framed by the Bar Council.

(b) It will be sufficient compliance with the requirement of the preceding clause if within one month of being enrolled as an Advocate a person applies for being admitted as a Member of a Bar Association in the District in which he intends to practice generally and his application has not been dismissed.

(c) The “Certificate of Enrolment” of a person who has not applied for being admitted as Member of a Bar Association within one month of his enrolment as provided above shall stand automatically suspended.

(d) Every Advocate whose Application for being admitted as a Member of a Bar Association has been dismissed by the Bar Association shall have a right to to file an Appeal to the Bar Council with a further right of Appeal to the Pakistan Bar Council. The Appeal shall be filed within two months from the date of communication to him of the Order appealed against. The Appellate Authority may suspend the Order under Appeal and may for sufficient cause condone the delay, if any, in the filing of the Appeal.

(e) In case the name of an Advocate is removed from the Roll of Members of a Bar Association, he shall have like remedies as he had in case if his Application for admission as Member of a Bar Association was dismissed and the Appellate Authorities shall have similar powers to entertain Appeal .

57. Dispute Regarding Seniority

All disputes relating to Seniority as an Advocate shall be determined by the Enrolment Committee. In case the contestants are not entered in the Roll in the correct order, amendment in the Roll will be made giving effect to the decision of the Enrolment Committee by pasting “Correction Slips” in the Roll or otherwise.

58. All additions, alternations and corrections made in the Roll shall be communicated to the High Court within thirty days of such variation.

59 Issuance of Identity Cards

(i) The Sindh Bar Council shall issue Identity Card to every Advocate containing full particular laid down in the columns of the prescribed Performa of the Bar Council. No Identity Card shall be issued to any Advocate unless he/she has cleared all his/her dues of the Council

(ii) The Council shall allot a Registration Number to every Advocate whose name appears on the Roll of Advocates.

(iii) The Registration number allotted by the Bar Council to each Advocate shall be deemed and treated as one and the same for Benevolent Fund also in terms of class (ii) hereof.

(iv) It shall be obligatory for every practising Advocate throughout the Province of Sindh to obtain the Identity Card from the Sindh Bar Council within 60 days from the date of his Enrolment/her or on any subsequent date as may be allowed by the Council on payment of Rs:100.

Late fee

(v) If an Advocate fails to obtain Identity Card as provided in Rule 59 within the prescribed period he/she shall be liable to pay Rs. 50/- (Rupees Fifty) as late fee.

Provided that, if an Advocate fails to obtain his/her Identity Card within the prescribed/extended time his/her name shall be struck off from the Roll of Advocates after giving a Show Cause Notice under Section 34 of the Act and after providing a reasonable opportunity of being heard.

(vi) It shall be mandatory for every Advocate to quote/print his/her Registration Number, so allotted, on his/her “Letter Head” as well as on his/her “Vakalatnama” and failure to do so shall amount to professional misconduct .

(vii) It shall be mandatory for every Advocate to produce his/ her Identity Card in all the Bar elections while exercising his/her right of franchise.

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CHAPTER IX DISCIPLINARY PROCEEDINGS

60 COMPLAINT AGAINST AN ADVOCATE

(a) A complaint against an Advocate U/s 41 (2) of Bar Council Act 1973, shall be filed with six extra copies thereof in complaints and inconsonance of instructions specified in prescribed form appended with these Rules in the Schedule and should contain statement of allegations and shall be accompanied by all Documents or Copies of Documents which are available to the Complainant; but in case where the Complaint is not by a Court or by a Public Servant acting in his Official Capacity, the Complaint shall be in prescribed Form appended to these Rules and it shall be supported by an Affidavit as to correctness of facts stated in the Complaint along with Payment Slip of Rs: 510/= deposited in favour of Sindh Bar Council.

(b) The Complaint so received shall be placed before the Disciplinary Committee and the complainant shall be asked to appear before the Committee on the date so fixed, to substantiate his /her Complaint. After perusal of the Complaint and hearing the Complainant, if the Committee is of the opinion that the presence of the respondent the Advocate is necessary, a Notice shall be issued to Respondent / Advocate at the cost of complainant on the Address provided in the Complainant directing him to file his / her reply within 15 days or within subsequent extend date period / time which ever may be given by the Committee on reasonable ground and party may be directed to appear personally before the Committee on all subsequent fixed dates. All such Notices shall be sent under Registered Post Acknowledgment Due and by Courier Service besides affixation a copy of said Notice on the “Notice Board” of the concerned District Bar Association.

(d) Where the Committee is satisfied that there is reason to believe that the Respondent / Advocate is avoiding service, or for any other reason the Notice cannot be served in the ordinary course, the Committee shall, at the cost of the Complainant, order the notice to be served by Publication in the Newspaper and by affixing a copy thereof in some conspicuous part of the House or Office in which the Respondent Advocate is known to have lastly resided or carried on his Practice or personally worked for gain, or

in such other manner as the Committee thinks fit. The process shall be sent to concerned District Court in terms of Section 45 of the Act for Service.

61 Summary Dismissal

Upon receipt of a Complaint under Rule 60 against an Advocate, the Disciplinary Committee may, unless, it summarily rejects the complaint after making such enquiry and giving the parties such opportunity of being heard as it may consider necessary, either reject the Complaint or refer the same to a Tribunal for decision;

Provided that the Disciplinary Committee shall not summarily reject a Complaint made by or through the Supreme Court or a High Court.

61-A An Appeal provided in Section 41 (5) of the Act shall be preferred in the form of a Memorandum signed by the Applicant or his Advocate accompanied by six copies and presented to the Bar Council. The memorandum shall be accompanied by a copy of Impugned Order appealed from supported by duly attested Affidavit on Non-judicial Stamp Paper and payment slip of Rs. 200/- to be paid in favour of Sindh Bar Council. The Appeal so preferred shall be submitted to the Tribunal for decision.

62. Reference to Tribunal

Where a reference is made to Tribunal under Section 41 (4) of the Act all the relevant documents shall be forwarded along with the reference.

63. Conduct of Proceedings before Tribunal

Proceedings before the Tribunal shall be conducted by the Advocate-General or by an Advocate appointed by him. The Complainant shall also be entitle to appear in person, or through his Counsel; but the Advocate-General shall have a prior right to conduct the proceedings subject to any direction by the Tribunal.

64. Notice of Complaint

On receipt of a reference under Section 41(4) of the Act the Chairman of the Tribunal shall fix a date for the hearing of the case not earlier than twenty-one days and not later than sixty days from such receipt, and a notice of the date so fixed shall be served on the Advocate concerned as well as the Advocate-General along with copies of the record that have been forwarded to the Tribunal so as to reach the Advocate as well as Advocate -General not less than fourteen days before the date so fixed. Notice of the date so fixed shall also be served on the complainant in case the complaint is not by a Court or by a Public Servant acting in his official capacity. Notice of the dates shall also be placed on the Notice Board of the Bar Council.

65. Reply by Advocate

The Advocate concerned shall be entitled to appear in person or through his Counsel and, if he desires, he may also file a reply to the allegations made against him before the Tribunal; whether or not he has already filed a reply before the Disciplinary Committee. He shall deliver such reply along with six copies to the Secretary at least seven days before the date of hearing fixed by the Tribunal and the Secretary shall deliver the copies to the Advocate-General and the complainant atleast three days before the date of hearing.

66. Procedure before Tribunal

The Tribunal shall determine the matter before it in accordance with Qanoon-e-Shahadat- Order 1984 and shall follow generally and to the extent practicable the procedure provided for trial of suits in the Civil Procedure Code 1908. The Tribunal shall also have power to call for any record of proceedings and documents from the concerning authorities and / or permit the concerning party / parties to file Affidavit for the purpose of removing any ambiguity in the interest of Justice; provided that the party affected by an Affidavit shall have the right to cross examine the deponent.

66-A. Decision of the Tribunal passed in terms of Section 43(6) of the Act shall be communicated by the Bar Council to all the other Provincial Bar Councils, District Judge / Judges concerned as well as to any other concerning relevant Bar Association / Associations and to any other concerning Authorities.

67. Records of Proceedings

(A) Bar Council shall maintain a Register containing full particulars in regard to the names of the concerning parties, decisions arrived at and concluded before the Disciplinary Committee as well as at Tribunal level. All the relevant record or such proceedings shall be preserved till the same is destroyed upon specific instructions / directions of the Bar Council in writing.

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CHAPTER X FIRMS OF LAWYERS

68. Formation of Firms

Advocates desirous of forming a “Firm of Lawyers” or to associate with a “Firm of Lawyers” for the purposes of practicing law within the jurisdiction of the Bar Council, shall apply to the Council for the Registration of Firms or of their association.

69. Application for Registration

An application shall be filed in the prescribed form appended with these Rules in its Schedule and a copy of the “Partnership Deed” should also be filed alongwith payment slip of Rs: 5000/- being its fee in favour of the Bar Council.

70. Further particulars

The application shall be placed before the Bar Council which may call for such further information as it may deem fit and necessary.

71. Existing Firms of Advocate

Existing “Firms of Advocates”; before the commencement of these Rules shall apply mutatis mutandis within three months from the date of the promulgation of these Rules.

72. Disposal of Application and Registration

All applications for Registration of the Firms shall be taken up for consideration within two months from the date of their presentation and shall be disposed off within four months. All Firms existing on the date of promulgation of these Rules may continue to function as such till the final disposal of their Applications. “Registration Certificate” will be issued in the prescribed Form appended with these Rules in its Schedule.

73. Cancellation of Registration of the Firm

The Bar Council may at any time call for such information as it may consider necessary from “Firms of Advocate” already registered and may also, for sufficient cause to be recorded in writing; after the due notice to the Firm, impose any condition on the Firm or suspend the Registration of any such Firm. On suspension of Registration the Advocates constituting such Firm shall cease to practice as partner in the area within the jurisdiction of the Bar Council from such date as may be specified in the order.

73-A. No individual Advocate practicing by himself or in association with any other Advocate shall use the title of a Firm, unless, the Advocate so practicing constitute a Firm in fact and such a Firm is Registered under these Rules.

74. Firm from other Provinces

Any “Firms of Advocates” of lawyers registered under the Act and the Rules framed therefor in any other Province of Pakistan shall, where it is desirous of commencing or continuing the practice of law within the jurisdiction of this Bar Council, shall apply for registration of such “Firms of Advocates” to the Bar Council and the provisions herein contained shall apply mutatis mutandis to such application.

74-A In case of violation of Rule 73 supra the Association / Firm of Advocates shall be liable to pay a penalty of Rs: 2500/= besides Rs. 5000/- needed for Registration of Firms of Advocates which will be deposited in favour of the Bar Council and till the payment of such amount Advocates of such Associations / Firm of Advocate may become liable to face proceedings for professional Misconduct before the Disciplinary Committee of the Bar Council.

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CHAPTER XI MISCELLANEOUS

75. Traveling Allowance

Member of Sindh Bar Council when on duty shall be entitle to get returned “Economy Class Fare”, where air service is available and in the absence of the air service the Member shall be entitled to 1st. class returned “Air Conditioned Train Fare”.

76. Daily Allowance

(a) Every Member of the Bar Council attending a Meeting / Meetings or its Committee shall be entitled to an allowance of Rs. 500/- per day for the day of Meeting so attended by him.

(b) If a Member arrives earlier than the date of the Meeting he shall be entitled to additional allowance for one day.

(c ) If a Member returns from the Meeting after the date of termination of the Meeting he shall be entitle to further additional allowance for one day also.

(d) If Government accommodation is made available at concessional rates in Government Rest House, a Member shall be entitled to draw Rs. 200/- per day instead of Rs. 500/-.

77. Resignation or Removal

Seat of a Member of the Bar Council shall stand vacated in case if he;

(a) Resigns from his seat of “Membership” by delivering his resignation to the Secretary and the resignation so delivered shall become effective from the date when the same is accepted by the Chairman / Vice Chairman of the Bar Council

and / or

(b) Is removed from the Rolls maintained by the Bar Council and or the Pakistan Bar Council in accordance with Law.

78. Suspension of Membership

A Member who is suspended as an Advocate shall not Act as a Member of the Bar Council during the period of his suspension.

79. Copies of the Record

All parties to proceedings shall be entitle, on payment of prescribed fee given in the schedule to obtain certified copies of all proceedings before the Bar Council or the Tribunal or, any Committee of the Bar Council. Any other person interested may subject to the orders of the Vice-Chairman or of the Bar Council be entitle to get a certified copy of any such proceedings as is mentioned above. The same fee shall be charged for the certified copies as are charged from the parties to the proceedings. 80.

Application Fee

All miscellaneous Applications filed in the Disciplinary Proceedings by any Party shall be accompanied by a Payment of Rs. 100/= in favour of Bar Council except in case of an miscellaneous Application filed by the Advocate-General or any Advocate appearing on his behalf.

81. Fee for Advocate’s Appearance

An Advocate appearing before the Bar Council or before any Tribunal or Committee of the Bar Council except the Advocate-General or an Advocate appearing on his behalf shall file a “Memo of Appearance” alongwith a Deposit Slip of Rs 100/- in favour of the Bar Council.

82. Inspection Fee

Parties to proceedings shall be entitle to inspect the relevant record on payment of Rs. 100/- per hour or part thereof. Inspection will be carried on in the presence of Secretary or Assistance Secretary or an authorized Staff Member of Bar Council.

83. Issuance of Duplicate Enrolment Certificate

An Advocate may obtain Duplicate Copy of his “Enrolment Certificate” on an Application addressed to the Secretary of the Bar Council alongwith Payment Slip of Rs. 100/-.and favour of Bar Council being its fee.

84. Nomination Fee for the Election of Bar Council

Each “Nomination Form” submitted by the contesting candidates for the seat of Member of Sindh Bar Council shall be accompanied with a payment slip of Rs. 5000/-in favour of the Sindh Bar Council alongwith any other amount whichever may be fixed in this behalf by the Sindh Bar Council. The amount so paid shall always be treated as “Non-Refundable”.

85. Repeal

The Legal Practitioners and Bar Council Rules 1969 and Sindh Legal Practitioners and Bar Council Rules, 1991 are hereby repealed.