An Act to repeal and, with certain modifications, re-enact the law relating to legal practitioners and bar councils.
WHEREAS it is expedient to repeal and, with certain modifications, re enact the law relating to legal practitioners and bar councils and to provide for certain incidental and ancillary matters;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.
(1) This Act may be called the Legal Practitioners and Bar Councils Act, 1973.
(2) It shall come into force at once.
1[1A. Overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.]1
2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,—
2[(a) “advocate” means an advocate entered in any roll under the provisions of this Act;]2
(b) “Bar Council” means a Bar Council constituted under this Act;
(c) “common roll” means the common roll of advocates of the High Court or, as the case may be, the common roll of other advocates prepared and maintained by the Pakistan Bar Council under this Act;
(cc) 1[* * * * * * *]1
(d) “High Court”, in relation to a Provincial Bar Council 3[and Islamabad Bar Council]3, means the High Court of the Province 3[or Islamabad Capital Territory]3, as the case may be, for which that Council is constituted; 4[(da) “Islamabad Bar Council” means Islamabad Bar Council for Islamabad Capital Territory constituted under this Act;]4
5[(e) “legal practitioner” means an advocate;]5
6[(ee) “member”, in relation to a Bar Council, does not include the Chairman thereof;]6
(f) “Pakistan Bar Council” means the Bar Council constituted for Pakistan under section 11;
(g) “prescribed” means prescribed by rules made under this Act;
7[(h) “Provincial Bar Council” means a Provincial Bar Council of a Province and includes the Islamabad Bar Council;]7
(i) “Provincial roll” 4[and Islamabad Bar Council roll]4 means a roll of advocates of the High Court or, as the case may be, a roll of advocates prepared and maintained by a Provincial Bar Council 4[and Islamabad Bar Council]4 under this Act;
(j) “revenue office” includes all courts (other than civil courts) trying suits under any law for the time being in force relating to landholders and their tenants or agents;
(k) “roll” means the roll of advocates maintained by a Bar Council;
5[(kk) “roll of group of districts” means a roll of advocates of a High Court and a roll of the Advocates practicing in the districts of the group, as mentioned in the Schedule, prepared and maintained by a Provincial Bar Council 4[and Islamabad Bar Council]4;]5
(1) “subordinate court” means a court subordinate to the High Court;
(m) “tout” means a person—
(i) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or
(ii) who, for the purposes of such procurement, frequents the precincts of courts or of revenue offices, or railway stations, landing stages, lodging places or other places of public resort;
(n) “Tribunal”, in relation to a Bar Council, means a Tribunal constituted by it under this Act 8[; and]8
8[(o) voter means:—
(i) in relation to election to a Provincial Bar Council 9[and Islamabad Bar Council]9, an advocate whose name for the time being appears on the roll of group of districts and to whom an identity card has been issued by a Provincial Bar Council 9[and Islamabad Bar Council]9 and who is not in arrears of dues of the Provincial Bar Council 9[and Islamabad Bar Council]9 for a period exceeding six months; and
(ii) in relation to election to the Pakistan Bar Council, a member of the concerned Provincial Bar Council 9[and Islamabad Bar Council]9.]8
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
3. Constitution and incorporation of Bar Councils.
(1) There shall be constituted in accordance with the provisions of this Act,—
(i) a Bar Council for Pakistan to be known as the Pakistan Bar Council; 9[*]9
10[(ii) a Bar Council for each Province to be known as the Bar Council of the Province concerned 9[; and]9]10
9[(iii) Islamabad Bar Council for Islamabad Capital Territory.]9
(2) Every Bar Council shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the name by which it is known sue and be sued.
4. Term of Bar Council.
11[The]11 term of every Bar Council shall be 11[five]11 years beginning on the first day of January following the general elections to the Provincial Bar Councils; and at the end of each term the members of the Bar Council shall cease to hold office:
12[Provided that the next elections of the Provincial Bar Councils and Islamabad Bar Council shall be held between the 1st October, 2020 and the 31st December, 2020 and term of the next Provincial Bar Councils and Islamabad Bar Council shall commence from the 1st January, 2021.]12
13[* * * * * * *]13
CHAPTER III
PROVINCIAL BAR COUNCILS
5. Composition of Provincial Bar Councils.
(1) Each Provincial Bar Council 14[and Islamabad Bar Council]14 shall consist 15[of]15
15[(a) the Advocate General of the Province 14[or Islamabad Capital Territory, as the case may be,]14, ex officio; and]15
(b) such number of 15[*]15 members as may be elected by the advocates on the Provincial roll 14[or Islamabad Bar Council roll, as the case may be,]14 from amongst themselves.
16[(2) The number of members to be elected to the Provincial Bar Councils shall be as follows:—
(a) Punjab Bar Council … 75
Sindh Bar Council … 33
N.W.F.P. Bar Council … 28
Balochistan Bar Council … 17[08]17; 14[*]14
14[Islamabad Bar Council … 05; and]14
(b) the district wise allocation of seats referred to in clause (a) for respective Provincial Bar Councils shall be in accordance with the Schedule annexed hereto.]16
16[(2A) For the purpose of election of members of a Provincial Bar Council 14[and Islamabad Bar Council]14 from a district or districts under sub section (2) the advocates entered on the roll of 14[district or]14 group of districts as mentioned in the Schedule annexed hereto, shall constitute the electoral college.]16
(3) 16[* * * * * * *]16
(4) At an election of the members of a Provincial Bar Council 14[and Islamabad Bar Council]14 an advocate shall have as many votes as the number of members to be elected 18[from the 16[district, or as the case may be, the group of districts]16 concerned]18.
15[(5) A member may resign his office by writing under his hand addressed to the Chairman of the Council.]15
(6) 18[* * * * * * *]18
Explanation.—If any question arises whether an advocate is or is not, for the purposes of this section, practising generally in a district, it shall be referred to the Advocate General for the Province concerned 14[or Islamabad Capital Territory]14, whose decision thereon shall be final.
19[5A. Qualifications for membership of a Provincial Bar Council and the Islamabad Bar Council.
A person shall be qualified to be elected as a member of a Provincial Bar Council and the Islamabad Bar Council if he,—
(a) is on the roll of advocates of High Court maintained by the concerned Provincial Bar Council and Islamabad Bar Council for not less than ten years;
(b) has, on the day of filing of the nomination paper, been an advocate for not less than fifteen years, and has individually conducted not less than thirty decided cases;
(c) has cleared all the dues payable by him to the Provincial Bar Council and Islamabad Bar Council; and
(d) has been a voter member of a Bar Association falling in the district, or districts in the case of Karachi, from where he is a candidate for a period of not less than five years.]19
20[5B. Disqualifications for membership of a Provincial Bar Council and the Islamabad Bar Council.
A person shall be disqualified to be elected as a member of a Provincial Bar Council and the Islamabad Bar Council if he,—
(a) was dismissed or removed from the service of Government or of a public statutory corporation; or
(b) has been convicted for an offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, except the one released five years ago; or
(c) has furnished false information for the purposes of enrollment with a Bar Council; or
(d) has been found guilty of professional misconduct; or
(e) has been declared a tout; or
(f) is an undischarged insolvent; or
(g) is guilty of violating the Code of Conduct for the Bar Councils elections framed under section 55(a) of this Act.]20
5C. Cessation of membership of Provincial Bar Council 21[and Islamabad Bar Council]21.
A member of a Provincial Bar Council 21[and Islamabad Bar Council]21 shall cease to be such member if he—
(a) is appointed to an office of profit in the service of Pakistan; or
(b) is suspended or removed from practice under the provisions of Chapter VII; or
(c) incurs any of the disqualifications specified in section 5B.]
6. Chairman and Vice-Chairman of Provincial Bar Council 21[and Islamabad Bar Council]21.
(1) There shall be a Chairman and a Vice Chairman of each Provincial Bar Council 21[and Islamabad Bar Council]21.
22[(2) The Advocate General for a Province 21[or Islamabad Capital Territory]21 shall be the Chairman of the Provincial Bar Council for that Province 21[or Islamabad Capital Territory, as the case may be,]21.
(2A) If a member of a Provincial Bar Council 23[and Islamabad Bar Council]23 is appointed as the Attorney General for Pakistan or as the Advocate General for a Province 23[or Islamabad Capital Territory]23, his seat in the Council shall become vacant.]22
(3) The Vice Chairman of each Provincial Bar Council 23[and Islamabad Bar Council]23 shall be elected in the prescribed manner by the members of that Council from amongst themselves.
(4) Subject to the provisions of sub section (8), the election of the Vice Chairman shall be held as soon as may be after the commencement of every year and in any case not later than the thirty first day of January.
(5) Subject to the provisions of sub sections (6) and (7), the Vice Chairman shall hold office 24[until his successor enters upon his office]24.
(6) A Vice Chairman may resign his office by writing under his hand addressed to the Chairman.
(7) A Vice Chairman shall cease to hold his office if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII.
(8) Where the office of a Vice Chairman becomes vacant, an election to the vacant office shall be held within thirty days of the office becoming vacant.
(9) The Chairman and Vice Chairman shall have such powers and functions as may be prescribed.
7. Time of holding elections to a Provincial Bar Council 23[and Islamabad Bar Council]23.
—Election to a Provincial Bar Council 23[and Islamabad Bar Council]23 shall be held 25[on the first Saturday]25 of November in the year in which the term of the Provincial Bar Council 23[and Islamabad Bar Council]23 expires:
Provided that—
(a) elections to the first Provincial Bar Councils to be constituted under this Act shall be held so as to conclude; and
(b) the first Provincial Bar Councils to be constituted under this Act shall be constituted, on such day as the Federal Government may, by notification in the official Gazette, specify 23[:]23
23[Provided further that—
(a) elections to the first Islamabad Bar Council to be constituted under this Act shall be held so as to conclude; and
(b) the first Islamabad Bar Council to be constituted under this Act shall be constituted, on such day as the Federal Government may, by notification in the official Gazette, specify.]23
26[Provided also that irrespective of expiry of term of the Provincial Bar Councils and Islamabad Bar Council, the next election of the said Bar Councils shall be held before the 31st day of December, 2020.]26
25[Provided also that in case the elections cannot be held on the first Saturday, for any reasons, it shall be held on the second Saturday of November of the same year.]25
8. Election to Provincial Bar Council 27[and Islamabad Bar Council]27 not to be questioned on certain grounds.
No election of a member to a Provincial Bar Council 27[and Islamabad Bar Council]27 shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the official Gazette.
9. Functions of a Provincial Bar Council 27[and Islamabad Bar Council]27.
(1) Subject to the provisions of this Act and the rules made thereunder, the functions of a Provincial Bar Council 27[and Islamabad Bar Council]27 shall be—
(a) to admit persons as advocates on its roll; to hold examinations for purposes of admission; to prepare and maintain a roll of such advocates 28[of the Province 27[or Islamabad Capital Territory]27 as well as of each 29[District]29 27[and to remove advocates from such roll]27]28;
(b) to admit persons as advocates entitled to practice before the High Court and to prepare and maintain a roll of such advocates;
(c) to entertain and determine cases of misconduct against advocates on its rolls and to order punishment in such cases;
(d) to safeguard the rights, privileges and interests of advocates on its rolls, including initiation of measures for fair and inexpensive dispensation of justice by the subordinate courts and tribunals;
(e) to promote and suggest law reform;
(f) to manage and administer the property and funds of the Provincial Bar Council 27[and Islamabad Bar Council]27 and to invest any of its funds;
(g) to conduct the election of its members;
5[(h) to prescribe conditions for the recognition and functioning of, and to recognise and derecognise, Bar Associations;]
(i) to perform all other functions conferred on it by or under this Act 5[and to comply with the directions given to it by the Pakistan Bar Council from time to time]; and
(j) to do all other things necessary for discharging the aforesaid functions.
(2) A Provincial Bar Council 27[and Islamabad Bar Council]27 may, in accordance with the rules framed by it, and within the limits of the funds at its disposal for that purpose, make free legal aid available to indigent litigants.
10. Committees of Provincial Bar Council 27[and Islamabad Bar Council]27.
(1) A Provincial Bar Council 27[and Islamabad Bar Council]27 shall constitute the following standing committees, namely:—
(a) an executive committee consisting of a Chairman and not more than five other members, to be elected by the Council from amongst its members; 31[*]31
32[(aa) a disciplinary committee consisting of not more than five members to be elected by the Council from amongst its members; and]32
(b) one or more enrolment committees, each consisting of a Judge of the High Court for the Province 32[or Islamabad Capital Territory, as the case may be,]32 31[*******]31 nominated by the Chief Justice of that High Court, who shall be its Chairman, and two other members elected by the Council from amongst its members.
(2) Each of the aforesaid committees shall have such powers and functions as may be prescribed.
(3) A Provincial Bar Council 32[and Islamabad Bar Council]32 may constitute from amongst its members such other committees as it may deem necessary for the performance of its functions under this Act, and may authorise any such committee to co opt as its members any other persons, not exceeding such number as the Council may determine.
(4) The Chairman of every committee shall be entitled to vote and, in case of equality of votes among the members of the committee, shall have a second vote.
CHAPTER IV
THE PAKISTAN BAR COUNCIL
11. Composition of Pakistan Bar Council.
31[(1)The Pakistan Bar Council shall consist of the Attorney General for Pakistan, ex officio and 32[twenty-three]32 members, who shall be elected on the basis of a single transferable vote by the members of the Provincial Bar Councils as hereinafter specified—
Baluchistan … … … … 1 The North West Frontier Province.... … 33[4]33
The Punjab … … … 11 Sind … … … … … 6]31 32[Islamabad Capital Territory 01]32
34[(1A) The members of Pakistan Bar Council shall be elected by single transferable vote from each province 35[and Islamabad Capital Territory]35 by the members of their respective Provincial Bar Council 35[and Islamabad Bar Council]35.]34
(2) A member of a Provincial Bar Council 35[and Islamabad Bar Council]35 who is elected to be a member of the Pakistan Bar Council shall 36[* * *]36 cease to be a member of the Provincial Bar Council 35[and Islamabad Bar Council]35.
37[(3) No election of a member to the Pakistan Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if the notice of the date has, not less than thirty days before that date, been published in the official Gazette.]37
36[(4) A member may resign his office by writing under his hand addressed to the Chairman of the Council.
(5) 38[* * * * * * *]38]36
38[11A. Qualifications for membership of Pakistan Bar Council.
A person shall be qualified to be elected as a member of the Pakistan Bar Council if he—
(a) is on the roll of advocates of the Supreme Court maintained by the Pakistan Bar Council 39[for not less than five years]39;
(b) has, on the day of the filing of the nomination paper, been an advocate for not less than 39[twenty]39 years; and
(c) has cleared all the dues payable by him to the Pakistan Bar Council.
11B. Disqualifications for membership of Pakistan Bar Council.
A person shall be disqualified to be elected as a member of the Pakistan Bar Council if he—
(a) was dismissed or removed from the service of Government or of a public statutory corporation; or
(b) has been convicted for an offence involving moral turpitude; or
(c) has been found guilty of professional misconduct; or
(d) has been declared a tout; or
(e) is an undischarged insolvent.
11C. Cessation of membership of Pakistan Bar Council.
A member of the Pakistan Bar Council shall cease to be such member if he—
(a) is appointed to an office of profit in the service of Pakistan; or
(b) is suspended or removed from practice under the provisions of Chapter VII; or
(c) incurs any of the disqualifications specified in section 11B.]38
12. Chairman and Vice Chairman of the Pakistan Bar Council.
(1) The Attorney General for Pakistan shall be the Chairman ex officio of the Pakistan Bar Council.
40[(1A) If a member of the Pakistan Bar Council is appointed as the Attorney General for Pakistan or as the Advocate General for a Province 41[or Islamabad Capital Terrritory]41, his seat in the Council shall become vacant.]40
(2) There shall be a Vice Chairman of the Pakistan Bar Council who shall be elected in the prescribed manner by the members of that Council from amongst themselves.
(3) Subject to the provisions of sub section (7), the election of the Vice Chairman shall be held as soon as may be after the commencement of every year and in any case not later than the thrity first day of January.
(4) Subject to the provisions of sub sections (5) and (6), the Vice Chairman shall hold office 42[until his successor enters upon his office]42.
(5) A Vice Chairman may resign his office by writing under his hand addressed to the Chairman.
(6) A Vice Chairman shall vacate his office if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII.
(7) Where the office of a Vice Chairman becomes vacant, an election to the vacant office shall be held in the manner prescribed under sub section (2), within thirty days of the office becoming vacant.
(8) The Chairman and the Vice Chairman shall have such powers and functions as may be prescribed.
13. Functions of the Pakistan Bar Council.
42[(1)]42 Subject to the provisions of this Act and the rules made thereunder, the functions of the Pakistan Bar Council shall be—
(a) to prepare and maintain a common roll of advocates;
43[(b) to admit persons as advocates entitled to practise before the Supreme Court and to prepare and maintain a roll of such advocates and to remove advocates from such roll;
(c) to entertain and determine cases of misconduct against advocates of the Supreme Court and to award punishment in such cases;]43
(d) to lay down standards of professional conduct and etiquette for advocates;
(e) to lay down the procedure to be followed by its committees;
(f) to safeguard the rights, privileges and interests of advocates, including initiation of measures for fair and inexpensive dispensation of justice by the subordinate courts and tribunals;
(g) to promote and suggest law reform;
(h) to deal with and dispose of, and to tender advice in relation to, any matter arising under this Act which may be referred to it by a Provincial Bar Council 44[and Islamabad Bar Council]44;
(i) to exercise general control and supervision over the Provincial Bar Councils 45[and to issue directions to them from time to time]45 46[*]46 46[which shall be binding upon them;]46
(j) to promote legal education and prescribe standards of such education in consultation with the universities in Pakistan and the Provincial Bar Councils;
(k) to recognize universities whose degree in law shall be a qualification for enrolment as an advocate;
(1) to manage and administer the property and funds of the Pakistan Bar Council, and to invest any of its funds;
45[(la) to provide free legal aid;
(lb) to hold conferences, seminars, moots, lectures, jurists' conferences and other meetings for promoting legal knowledge and learning in the legal profession;
(lc) to prescribe conditions for the recognition and functioning of, and to recognise and derecognise, the Supreme Court Bar Association or any Bar Association at the national level;
(ld) to give directions in accordance with the provisions of this Act to the Provincial Bar Councils 44[and Islamabad Bar Council]44 in respect of the recognition, derecognition and functioning of Bar Association.]45
46[(le) to provide free specialized services for awareness, promotion and enforcement of human rights;]46
(m) to perform all other functions conferred on it by or under this Act;
(n) to do all other things necessary for discharging the aforesaid functions.
47[(2) Any person aggrieved by an order or decision of a Provincial Bar Council 48[and Islamabad Bar Council]48 49[,the Supreme Court Bar Association or a Bar Association at the national level]49 may, within thirty days of such order or decision, prefer an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final.]47
49[(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply to appeals under sub section (2).]49
14. The First Pakistan Bar Council.
As soon as may be, after the constitution of the Provincial Bar Councils under this Act, the first Pakistan Bar Council shall be constituted in accordance with the provisions of section 11.
15. Committees of the Pakistan Bar Council.
(1) The Pakistan Bar Council shall constitute the following committees, namely:—
47[(a) a disciplinary committee consisting of a Judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be its Chairman, and four other members elected by the Council from amongst its members:
Provided that the Attorney General for Pakistan shall not be a member of the disciplinary committee;]47
(b) an executive committee consisting of seven members elected by the Council from amongst its members; and
(c) an enrolment committee consisting of a Judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be its Chairman, and two other members elected by the Council from amongst its members.
(2) The Pakistan Bar Council may constitute from amongst its members such other committees, including a legal education committee 50[and human rights committee]50, as it may deem necessary for the performance of its functions under this Act, and may authorise any such committee to co opt as its members any other persons, not exceeding such number as the Council may determine.
(3) The Chairman of every committee shall be entitled to vote and, in case of equality of votes among the members of the committee, shall have a second vote.
CHAPTER V
GENERAL PROVISIONS RELATING TO BAR COUNCILS
16. Filling of casual vacancies.
If the seat of a member of a Bar Council becomes vacant during the term of office of the Council—
49[51[(a) In case of the Pakistan Bar Council, the vacancy shall be filled by the person who received in the last elections from the same province the highest number of single transferable votes next after the member, the vacancy in whose seat is to be filled or if there be no such person then the vacancy shall be filled by a person elected in accordance with the provisions of section 11;]51
(b) in the case of a Provincial Bar Council 52[and Islamabad Bar Council]52, the vacancy shall be filled by the person who received, in the same election and from the same district or, as the case may be, group of districts, the highest number of votes next after the member the vacancy in whose seat is to be filled, or if there be no such person, by a person eligible for election to that Council from the same district or, as the case may be, group of districts who is co opted by the Provincial Bar Council 52[and Islamabad Bar Council]52.]49
17. Funds of Bar Councils.
(1) All sums received by a Provincial Bar Council 52[and Islamabad Bar Council]52 as enrolment fees or as grants, donations or subscriptions shall form part of the fund of that Council and that fund, subject to the provisions of sub section (2), shall be managed, administered and utilized in such manner as may be prescribed.
53[(2) Every person applying for enrolment as an advocate or an advocate of the High Court shall pay one third of the prescribed fee to the Pakistan Bar Council and the balance to the Provincial Bar Council concerned 52[or Islamabad Bar Council, as the case may be,]52, in such manner as may prescribed by the Pakistan Bar Council.]53
(3) All sums received by the Pakistan Bar Council under sub section (2) or as enrolment fees, grants, donations, or subscriptions shall form part of the fund of that Council and that fund shall be managed, administered and utilized in such manner as may be prescribed.
18. Accounts and audit.
(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by an auditor who is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), at such times and in such manner as may be prescribed.
(3) As soon as the accounts of a Provincial Bar Council 52[and Islamabad Bar Council]52 have been audited, that Bar Council shall send a copy of such accounts, together with a copy of the report of the auditor thereon, to the Pakistan Bar Council.
19. Vacancies in Bar Councils, etc., not to invalidate action taken.
No act done by a Bar Council or any Tribunal or committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, such Council, Tribunal or committee.
20. Indemnity.
No suit or other legal proceedings shall lie against any Bar Council or any committee, Tribunal, member, officer or servant of the Bar Council for any act in good faith done or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE-
AUDIENCE, ETC.
21. Classes of advocates.
There shall be the following four classes of advocates, namely:—
(a) senior Advocates of the Supreme Court;
(b) advocates of the Supreme Court 54[including advocates-on-record]54;
(c) advocates of the High Court; and
(d) other advocates.
22. Rights of advocates to practise.
(1) Save as otherwise provided in this Act, no person shall be entitled to practise the profession of law unless he is an advocate.
55[54[(2) Subject to the provisions of this Act and the Rules made thereunder, —
(a) an advocate of the Supreme Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court or Tribunal or any Judicial authority in Pakistan;
(b) an advocate of a High Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court, Tribunal or any Judicial authority in Pakistan except the Supreme Court; and
(c) any other advocate shall be entitled as of right to practice throughout the Province 56[and Islamabad Capital Territory]56 where he is enrolled to appear, act and plead before any court, Tribunal or any Judicial authority in such Province 56[and Islamabad Capital Territory]56 other than the High Court.]54
(2A) Where rules have been made by any High Court regulating the conditions subject to which advocates of other High Courts may be permitted to practise in the High Court, such advocates shall not be entitled to practise therein otherwise than subject to such conditions.]55
(3) No advocate shall appear or act for any person in any court or tribunal unless he has been appointed for the purpose by such person by a document in writing signed by such person or his recognized agent or some other person duly authorised by him to make such appointment, and such document has been filed in such court or tribunal:
Provided that nothing in this sub section shall apply to—
(a) a Public Prosecutor or any advocate appointed by the State; or
(b) an advocate when appearing on behalf of another advocate, if the advocate so appearing has filed a memo of appearance:
Provided further that an advocate may be allowed to appear for an accused in custody on his undertaking to file the document required under this sub section.
57[23. Roll of advocates of the Supreme Court.
The Pakistan Bar Council shall prepare and maintain a roll of advocates of the Supreme Court in which shall be entered the names of all persons who are senior advocates or advocates including advocates on record, entitled to practice in the Supreme Court.]57
24. Admission and enrolment of advocates of the High Court.
57[*]57 Each Provincial Bar Council 58[and Islamabad Bar Council]58 shall prepare and maintain 59[for the Province 58[and Islamabad Capital Territory]58 and each 57[District]57 in the Province 58[and Islamabad Capital Territory]58 two separate rolls]59 of advocates of the High Court in which shall be entered the names of—
(a) all persons who were, as advocates, entitled to practise in the High Court immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates of the High Court under the provisions of this Act.
(2) 60[* * * * * * *]60
25. Admission and enrolment of other advocates.
59[(1)]59 Each Provincial Bar Council 58[and Islamabad Bar Council]58 shall, besides the 59[rolls]59 of advocates to be prepared and maintained by it under section 24, prepare and maintain 59[for the province 58[and Islamabad Capital Territory]58 and each 58[district in the Province and Islamabad Capital Territory]58 two separate rolls]59 of advocates in which shall be entered the names of—
(a) all persons who were, as advocates, entitled to practise in any court subordinate to the High Court immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates under the provisions of this Act.
(2) 60[* * * * * * *]60
26. Persons qualified for admission as advocates.
57[*]57 Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils the following conditions, namely:—
(a) he is a citizen of Pakistan or a person deriving his nationality from the State of Jammu and Kashmir:
Provided that, subject to the other provisions of this Act, a national of any other country 61[who has resided in Pakistan for a period of not less than one year immediately preceding the day on which he applies for admission]61 may be admitted as an advocate if citizens of Pakistan duly qualified are permitted to practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he is a Barrister or is or was enrolled as an advocate of a High Court in any area which before the fourteenth day of August, 1947, was comprised within India as defined by the Government of India Act, 1935 (26 Geo 5, c 2) or has obtained—
(i) before the 7th day of February, 1966, a degree in law from any university in Pakistan; or
(ii) before the fourteenth day of August, 1947, a degree in law from any university in any area which was comprised before that date whithin India as defined by the Government of India Act, 1935 (26 Geo 5, c 2), or
62[(iii) a bachelor degree in law from a university or institute recognized by the Higher Education Commission and the Pakistan Bar Council;]62
62[(cc) he has passed an assessment test conducted by an organization appointed by the Federal Government;]62
(d) he has undergone such course of training and passed such examination after the training as may be prescribed by the Pakistan Bar Council:
Provided that this clause shall not apply to any class of persons who, by reason of their legal training or experience, are declared by the Pakistan Bar Council to be exempt from the provisions of this clause; and
(e) he has paid such enrolment fee and fulfils such other conditions as may be prescribed by the Pakistan Bar Council.
(2) 63[* * * * * * *]63
(3) 63[* * * * * * *]63
27. Persons qualified for admission as advocates of a High Court.
Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate of a High Court if he fulfils the following conditions, namely:—
(a) he has practised as an advocate, vakil or pleader before subordinate courts in Pakistan for a period of not less than two years; or
(b) he has practised outside Pakistan as an advocate before any High Court specified in this behalf by the Pakistan Bar Council; or
(c) he has, for reason of his legal training or experience, been exempted by the Provincial Bar Council 64[and Islamabad Bar Council]64, with the previous approval of the High Court, from the requirements of clause (a) and clause (b); and
(d) he has paid such enrolment fee and fulfils such other conditions as may be prescribed by the Pakistan Bar Council.
65[28. Persons qualified for admission as advocates of the Supreme Court.
Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as a senior advocate and an advocate of the Supreme Court including an advocate on record if he fulfils such conditions as may be laid down in this behalf from time to time by the Rules of Pakistan Bar Council and has paid such enrolment fee or other dues as may be prescribed by that Council.]65
65[28A. Person disqualified to be enrolled as advocate.
A persons shall be disqualified from being admitted as an advocate of any court if—
(a) he was dismissed or removed from service of Government or of a public statutory corporation on a charge involving misconduct or moral turpitude; or
(b) he has been convicted for an offence involving moral turpitude by a court; or
(c) he has been declared a tout and such declaration has not been withdrawn.]65
29. Eligibility of women for admission.
No woman shall be disqualified for admission as an advocate for reason only of her sex.
30. Authority to whom applications for enrolment may be made.
An application for admission as an advocate, other than an advocate of the Supreme Court, shall be made in the prescribed form to the Provincial Bar Council 66[and Islamabad Bar Council]66 within whose jurisdiction the applicant proposes to practise generally 67[; and an application for admission as an advocate of the Supreme Court shall be made in the prescribed form to the Pakistan Bar Council]67. 68[*******]68.
31. Disposal of applications for admission as an advocate.
(1) All applications for admission as an advocate received by a Bar Council shall be referred to its enrolment committee.
(2) The enrolment committee may either grant the application or return it to the Bar Council recording its reasons for not granting the application.
(3) Where any application is returned to a Bar Council under sub section (2), the Bar Council may, after considering the reasons recorded by the enrolment committee, either grant or reject the application.
32. Appeal against order of rejection.
Where any application for admission as an advocate is rejected by a Provincial Bar Council 66[and Islamabad Bar Council]66, the applicant may, within such period and in such manner as may be prescribed, appeal to the enrolment committee of the Pakistan Bar Council; and the decision of that committee on such appeal shall be final.
33. No applicant rejected by one Provincial Bar Council 66[or Islamabad Bar Council, as the case may be]66 to be enrolled by another such Council.
Where a Provincial Bar Council 66[or Islamabad Bar Council, as the case may be]66 has rejected the application of any person for admission as an advocate—
(a) it shall circulate to all the other Provincial Bar Councils 66[or Islamabad Bar Council, as the case may be]66 the name of such person together with the reasons for the rejection of his application;
(b) no other Provincial Bar Council 66[or Islamabad Bar Council, as the case may be]66 shall entertain an application for admission of such person as an advocate except with the previous consent in writing of the Provincial Bar Council 66[or Islamabad Bar Council, as the case may be]66 which rejected the application.
34. Payment of fees.
(1) The Pakistan Bar Council may prescribe the following fees, namely:—
(a) fee for enrolment as an advocate or an advocate of the High Court, which shall be fixed after consultation with the High Court, to be paid to the Provincial Bar Council 69[and Islamabad Bar Council]69 70[and the Pakistan Bar Council in accordance with sub-section (2) of section 17]70;
71[(b) fee for enrolment as an advocate of the Supreme Court, which shall be fixed after consultation with the Supreme Court, to be paid to the Pakistan Bar Council; and]71
(c) annual fee payable by advocates to the Bar Council on whose roll their names are entered:
Provided that no person whose name is entered on the roll under clause
(a) of section 25, clause of section 24 71[or clause (a) of section 23]71 as an advocate, an advocate of the High Court 71[or an advocate of the Supreme Court]71 shall be required to pay the fee for enrolment as such advocate.
(2) The fee referred to in clause (a) 71[or clause (b)]71 72[***]72 of sub section (1) may be paid in such instalments, if any, as may be prescribed.
(3) The annual fee referred to in clause (c) of sub section (1) shall be paid by such date as may be prescribed.
(4) If an advocate fails to pay an instalment of fee or the annual fee payable by him by the prescribed date he shall be liable to pay such further fee for late payment as may be prescribed:
Provided that, if he fails to pay such instalment or fee within a period of six months following the date on which it becomes due, he shall by notice be asked to show cause why his name be not struck off the roll of advocates and if the explanation is unsatisfactory his name shall be struck off the roll of advocates and shall not be restored except upon payment of the instalment or fee due and such penalty not exceeding the amount of such instalment or fee as may be prescribed, unless the enrolment committee, having regard to the circumstances of the case, exempts any person from the payment of such penalty.
35. Order in which names shall be entered in the roll.
(1) Entries in the roll shall be made in the order of seniority and such seniority shall be determined as follows namely:—
(a) all such persons as are referred to in 73[clause (a) of section 23,]73 74[****]74clause
(a) of section 24 or clause (a) of section 25 shall be entered first in the order in which they were respectively entitled to seniority inter se immediately before the commencement of this Act; and
(b) the seniority of any other person admitted, after that date, to be an advocate or an advocate of the High Court 73[or an advocate of the Supreme Court]73 74[*****]74 shall be determined by the date of his admission:
Provided that, for the purposes of clause (b), the seniority of a person who, before his admission as an advocate, was entitled as of right to practise in any other High Court shall be determined by the date on which he became so entitled.
(2) Where the date of seniority of two or more persons is the same, the one senior in age shall rank as senior to the other.
36. Certificate of enrolment.
A Bar Council shall issue a certificate of enrolment in the prescribed form to every person enrolled under section 75[31]75.
37. Copy of roll to be kept with 73[Supreme Court and]73 High Court.
73[(1) The Pakistan Bar Council shall send to the Supreme Court an authenticated copy of the roll as prepared under section 23 and shall thereafter communicate to the Supreme Court all alterations in, and additions to, the roll as soon as the same have been made.]73
(2) The Provincial Bar Council 76[and Islamabad Bar Council]76 shall send to the High Court a copy of the rolls as prepared under section 24 and section 25 and shall thereafter communicate to the High Court all alterations in, and additions to, any such roll as soon as the same have been made.
38. Copies of rolls to be sent to Pakistan Bar Council.
Each Provincial Bar Council 76[and Islamabad Bar Council]76 shall send to the Pakistan Bar Council an authenticated copy of the roll of advocates of the High Court and the roll of the other advocates prepared by it for the first time under this Act and shall thereafter communicate to the Pakistan Bar Council all alterations in, and additions to, any such roll as soon as the same have been made.
39. Common roll of advocates.
(1) The Pakistan Bar Council shall prepare and maintain a common roll of advocates of the High Court and a common roll of the other advocates which shall comprise the entries made in all the Provincial rolls 76[and Islamabad Bar Council roll]76 of the advocates of the High Court or, as the case may be, of the other advocates.
(2) Entries in the common roll shall be in the order of seniority which shall be determined in accordance with the principles laid down in section 35.
77[39A. Cessation to practice as an advocate.
Any advocate who incurs any of the disqualifications enumerated in Section 28A shall cease to be an advocate and his name shall be removed from the concerned roll of the advocates.
39B. Powers of disciplinary committee.
If any person referred to in Section 39A, practices in contravention of this Act or the Rules made thereunder then—
(a) in case of a senior advocate of the Supreme Court or advocate of the Supreme Court including an advocate on record, the disciplinary Committee of the Pakistan Bar Council; and
(b) in case of any other advocate, the disciplinary Committee of a Provincial Bar Council 78[and Islamabad Bar Council]78,
may of its own motion or otherwise take cognizance thereof and proceed against him under this Chapter for such disciplinary action as is provided by law, in addition to criminal prosecution of such person under section 58 of this Act.
39C. Provisions of section 39A and 39B to apply.
The provisions of Section 39A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules made thereunder.]77
40. Right of pre audience.
(1) The Attorney General for Pakistan shall have the right of pre audience over all other advocates.
(2) Subject to sub section (1), the Advocate General of a Province 78[or Islamabad Capital Territory]78 shall have the right of pre audience over all other advocates; and the right of pre-audience among the Advocates General shall be determined by the date of appointment to their respective offices.
(2A) 77[* * * * * * *]77
(3) The right of pre audience among other advocates shall be determined by their seniority inter se.
(4) 77[* * * * * * *]77
79[CHAPTER VII
CONDUCT OF ADVOCATES
41. Punishment of advocates for misconduct.
77[(1) An advocate may, in the manner hereinafter provided, be reprimanded, suspended or removed from practice or be made to pay such amount of compensation, fine or penalty as may be ordered, if he is found guilty of professional or other misconduct.]77
(2) A complaint that an advocate has been guilty of misconduct may be made by any court or person—
(a) in the case of an advocate of the Supreme Court, to the Pakistan Bar Council; and
(b) in any other case, to the Provincial Bar Council 78[Islamabad Bar council as the case may be]78.
(3) Every complaint against an advocate made under sub section (2), except where the complaint has been made by a court, shall be accompanied by 77[such fee as may be prescribed by the Pakistan Bar Council from time to time]77.
(4) Upon receipt of a complaint under sub section (2) against any advocate, the disciplinary committee of the Bar Council may, unless it summarily rejects the complaint, after making such inquiry 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 the Supreme Court or a High Court 80[:]80
80[Provided further that if the disciplinary committee while referring the matter to the Tribunal is of the opinion that the advocate has committed an act of grave indiscipline or grave professional misconduct and his immediate suspension from practice is expedient or necessary in the interest of administration of justice, it may suspend him for the maximum period of three months and in such a case the Tribunal shall decide the complaint within a period of three months after receipt of reference from the disciplinary committee.]80
81[(4A) If a Bar Council has reasons to believe that an advocate has been guilty of professional or other misconduct, it may of its own motion prefer the case to its disciplinary committee.]81
(5) Any person whose complaint is rejected by the disciplinary committee under sub section
(4) may within thirty days of the day on which the order of the committee is communicated to him, prefer an appeal to the Tribunal, whose decision in such appeal shall be final.
42. Tribunals of Bar Councils.
(1) The Pakistan Bar Council may constitute one or more Tribunals each consisting of two of its members elected by it for the purpose and a Judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be the Chairman.
(2) A Provincial Bar Council 82[and Islamabad Bar Council as the case may be]82 may constitute one or more Tribunals each consisting of two of its members elected by it for the purpose and a Judge of the High Court nominated by the Chief Justice of that Court, who shall be the Chairman.
43. Procedure in inquiries.
(1) In inquiries relating to conduct of advocates, the Tribunal shall, except as hereinafter provided, follow such procedure as may be prescribed.
(2) The tribunal shall fix a date for the hearing of the case and shall cause notice of the day so fixed to be given to the complainant, to the advocate concerned and to the Advocate General of the Province 82[or Islamabad Capital Territory, as the case may be]82 and shall afford to the complainant the advocate concerned and the Advocate General an opportunity of leading evidence, if any, and of being heard before orders are passed in the case.
(3) The Chairman of the Tribunal may empower one of the members of the Tribunal to consider and decide preliminary issues and to record evidence.
(4) The Tribunal may, where it considers it necessary so to do, require the person making a complaint, except where the complaint has been made by a court, to deposit with the Tribunal, as security for costs, such sum as it may specify.
(5) On completion of the inquiry, the Tribunal may either dismiss the complaint or, where the complaint referred to the Tribunal was made at the motion of a Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in sub-section of section 41.
(6) Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the period of suspension, and for that period the advocate shall be debarred from practising in any court or before any authority or person in Pakistan.
(7) The Tribunal may, of its own motion or on application made to it in this behalf, review any order passed under sub section (5) and maintain, vary or rescind the same, as it thinks fit.
(8) When any advocate is 84[punished under section 41, the same]84 shall be entered against his name in the Provincial roll or, as the case may be, the roll of advocates of the Supreme Court maintained by the Pakistan Bar Council, and the common roll, and when an advocate is removed from practice his name shall forthwith be struck off the roll; and the certificate of any advocate so suspended or removed shall be recalled.
44. Order as to costs.
(1) A disciplinary committee and a Tribunal may make such order as to costs of proceedings before it as it may deem fit; and where the committee or, as the case may be, the Tribunal is of the opinion that a complaint made against an advocate is false and vexatious, it may, without prejudice to any other remedy available to the advocate, impose upon the complainant 84[such compensatory costs as may be deemed reasonable]84:
Provided that no order under the sub section shall be made against a court or the presiding officer of a Court 84[or a Bar Council]84.
(2) The Tribunal may, on an application made to it in this behalf within the prescribed period, revise any order passed by a disciplinary committee under sub section (1) or, of its own motion or on application so made, review any order passed by the Tribunal under that sub section and may, in either case, maintain, vary or rescind the same, as it thinks fit.
(3) Subject to sub section (2), every order of the disciplinary committee or the Tribunal under sub section (1) shall be executable—
(a) if the committee is appointed, or the Tribunal is constituted, by the Pakistan Bar Council, as if it were an order of the Supreme Court; and
(b) if the committee is appointed, or the Tribunal is constituted, by a Provincial Bar Council 83[or Islamabad Bar Council]83, as if it were an order of the High Court.
45. Powers of the Tribunal and disciplinary committee in inquiries.
(1) For the purposes of any such inquiry as aforesaid, a disciplinary committee and a Tribunal shall have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:—
(a) enforcing the attendance of any person;
(b) compelling the production of documents; and
(c) issuing commissions for the examination of witnesses:
Provided that the disciplinary committee, or the Tribunal shall not have power to require the attendance of the presiding officer of any civil or criminal court save with the previous sanction of the High Court or, in the case of the presiding officer of a Revenue Court, of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and a disciplinary committee and a Tribunal shall be deemed to be a civil court for the purpose of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) For the purpose of enforcing the attendance of any person or of compelling the production of documents or issuing commissions—
(a) the local limits of the jurisdiction of a disciplinary committee and a Tribunal shall be those of the jurisdiction of the Bar Council by which the committee has been appointed or, as the case may be, the Tribunal has been constituted; and
(b) a disciplinary committee and a Tribunal may send to any civil court having jurisdiction in the place where the committee or, as the case may be, the Tribunal is sitting, any summons or other process for the attendance of a witness or the production of a document required by the Committee or Tribunal, or any commission which it desires to issue, and the civil court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were a process for attendance or production before itself.
(4) Proceedings before a disciplinary committee or a Tribunal in any such inquiry shall be deemed to be civil proceedings for the purposes of Article 15 of the Qanun e Shahadat, 1984 (P.O. No. 10 of 1984) and the provisions of that Article shall apply accordingly.
46. Disciplinary powers of the Pakistan Bar Council.
(1) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Pakistan Bar Council may, of its own motion, withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before a Provincial Bar Council 85[or Islamabad Bar Council]85 or a disciplinary committee thereof and dispose of the same.
(2) In disposing of any case under this section the disciplinary committee of the Pakistan Bar council shall observe, so far as may be, the procedure laid down in section 43, the reference to the “Advocate-General” in that section being construed as reference to the “Attorney-General for Pakistan”.
(3) In disposing of any case under this section, the disciplinary committee of the Pakistan Bar Council may make any order which the Tribunal can make under section 43, and the Tribunal shall give effect to any such order 86[:]86
86[Provided that every order passed hereinabove shall be subject to the approval of the Pakistan Bar Council.]86
46A. 87[* * * * * * *]87.
47. Appeal to the Pakistan Bar Council.
(1) Any person aggrieved by an order of a 88[Provincial]88 Tribunal under section 43 may, within sixty days from the date on which the order is communicated to him, prefer an appeal to the Pakistan Bar Council.
(2) Every such appeal shall be heard by the disciplinary committee of the Pakistan Bar council which may pass such order thereon as it may deem fit.
48. Appeal to the Supreme Court.
Any person aggrieved by an order made by the disciplinary committee of the Pakistan Bar Council under sub section (3) of section 46 88[or sub section (2) of section 47 or a final order of a Tribunal of the Pakistan Bar Council]88 may, within sixty days from the date on which the order is communicated to him, prefer an appeal to the Supreme Court which may pass such order thereon as it may deem fit.
49. Application of sections 5 and 12 of the Limitation Act, 1908.
The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908) shall, so far as may be, apply to appeals made under section 47 or section 48.
50. Stay of order.
An appeal made under section 47 or section 48 shall not operate as a stay of the order appealed against but the disciplinary committee of the Pakistan Bar Council or the Supreme Court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.
51. Powers of the disciplinary committee.
The disciplinary committee of the Pakistan Bar Council shall have the same powers as are vested in a Tribunal by section 45 and that section shall apply to the disciplinary committee, the reference to the “Tribunal” in that section being construed as a reference to the “disciplinary committee of the Pakistan Bar Council”.
89[52. Execution of an order of a Bar Council, a Committee or Tribunal.
Subject to this Act and the rules made under it, every order of a Bar Council, a Committee or a Tribunal shall be executable:
(a) in case of Pakistan Bar Council, its Committee or Tribunal as if it is an order of the Supreme Court; and
(b) in case of a Provincial Bar Council, its Committee or Tribunal as if it is an order of a High Court.]89
53. Review of order by disciplinary committee.
The disciplinary committee of the Pakistan Bar Council may of its own motion or otherwise review any order passed by it under this Chapter.
54. Power of Supreme Court and High Court to suspend advocates from practice.
(1) The Supreme Court or a High Court may, while making a complaint under sub section (2) of section 41 against an advocate, make an order for the suspension of the advocate from practice 90[for a period of three months]90 if, after hearing such Advocate, the Court is of the opinion that he has committed an act of grave indiscipline in the view of the Court or grave professional misconduct in relation to any proceeding before it, and his immediate suspension is expedient or necessary in the interest of administration of justice.
91[(1A) The Bar Council concerned on receipt of a complaint from the Court under sub-section
(1) shall ensure that it is decided within a period of three months by its disciplinary committee and the Tribunal, in case the complaint has been referred to the Tribunal.]91
(2) On a complaint made to it against an advocate by a court subordinate to it, the High Court may:—
(a) make an order under sub section (1) in respect of such advocate if, after hearing him, it is of the opinion that he has committed grave professional or other misconduct in relation to any proceeding before such subordinate Court and his immediate suspension, pending the proceedings before the Bar Council, is expedient or necessary in the public interest and forward the complaint to the Provincial Bar Council 92[or Islamabad Bar Council]92 for action in accordance with section 41; or
(b) without making any order under sub section (1), forward the complaint to the Provincial Bar Council 92[and Islamabad Bar Council]92 for action in accordance with section 41; or
(c) direct that no further action need be taken in respect of the complaint.]79
CHAPTER VIIA
93[* * * * * * *]93
CHAPTER VIII
RULES
55. Power of Pakistan Bar Council to make rules.
The Pakistan Bar Council may, by notification in the official Gazette, make rules to provide for—
(a) the manner in which the election of members of a 94[*]94 Bar Council shall be held and the manner in which results of election shall be published;
(b) the manner in which the election of the Vice Chairman of a Bar Council shall be held;
(c) the manner in which and the authority by which doubts and disputes as to the validity of an election to 94[a Bar Council]94 or to the office of the Vice Chairman of a Bar Council shall be finally decided;
(d) the powers and duties of the Chairman and Vice-Chairman of a Bar Council;
(e) the summoning and holding of meetings of the Pakistan Bar Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
(f) the constitution and functions of any committee of the Pakistan Bar Council and the term of office of the members of any such committee;
(g) the summoning and holding of meetings of such committees, the conduct of business thereat and the number of members necessary to constitute a quorum;
(h) the qualifications and terms and conditions of service of staff to be employed by the Pakistan Bar Council;
(i) matters pertaining to management, administration, utilization and investment of the fund of the Pakistan Bar Council;
(j) the constitution of separate funds for special purposes by the Pakistan Bar Council;
(k) the maintenance of books of accounts and other books by the Pakistan Bar Council;
(1) the appointment of auditor and the audit of the accounts of the Pakistan Bar Council;
95[(la) uniform conditions for being eligible to apply to a Bar Council for admission as an advocate;
(lb) the course of practical training in law and the examination to be passed after such training for admission as an advocate;]95
96[(m) the form and manner in which applications for admission as an advocate of the Supreme Court are to be made and the manner in which such applications are to be disposed of;]96
95[(n) the fees payable for enrolment as an advocate, advocate of High Court, advocate of Supreme Court, senior advocate of Supreme Court, annual renewal fee or in respect of any other matter under the Act and the installments, if any, in which such fee may be paid;]95
(o) the forms in which a certificate of enrolment shall be given to a person enrolled as an advocate or an advocate of the High Court 96[or an advocate of the Supreme Court]96 97[****]97;
(p) the standards of professional conduct and etiquette to be observed by advocates;
(q) the standards of legal education to be observed by universities in Pakistan and the inspection of universities for that purpose;
(r) the circumstances in which and the conditions subject to which nationals of any foreign country may be admitted as advocates and foreign qualifications may be recognised for purposes of their admission;
96[(s) the procedure to be followed by Tribunals constituted by the Pakistan Bar Council in inquiries relating to the conduct of an advocate;]96
(t) the general principles for guidance of the Provincial Bar Councils 98[;]98.
99[(u) the forming, recognition, derecognition and functioning of a Supreme Court Bar Association or any Bar Association at the national level.]99
100[(v) the manner in which and the conditions subject to which elections of Bar Associations at different tiers shall be held:]100
Provided that no rules made with reference to clause (r) shall have effect unless they have been approved by the Federal Government 101[:]101
101[Provided further that, for holding the first elections to the Bar Councils to be constituted under this Act, rules with reference to clauses (a), (b) and (c) shall be made by the Federal Government and notified in the official Gazette.]101
56. Power of Provincial Bar Council 102[and Islamabad Bar Council]102 to make rules.
103[A]103 Provincial Bar Council 102[and Islamabad Bar Council]102 may, by notification in the official Gazette, make rules to provide for—
(a) the summoning and holding of meetings of the Bar Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
(b) the constitution and functions of any committee of the Bar Council and the term of office of the members of any such committee;
(c) the summoning and holding of meetings of the committees of the Bar Council, the conduct of business thereat and the number of members necessary to constitute a quorum;
(d) qualifications and terms and conditions of service of staff to be employed by the Bar Council;
(e) the matters pertaining to management, administration, utilization and investment of the fund of the Bar Council;
(f) the constitution of separate funds for special purposes by the Bar Council;
(g) the maintenance of books of accounts and other books by the Bar Council;
(h) the appointment of auditors and the audit of the accounts of the Bar Council;
(i) the course of practical training in law and the examination to be passed after such training for admission as an advocate;
(j) the form and manner in which applications for admission as an advocate or an advocate of the High Court are to be made and the manner in which such applications are to be disposed of;
(k) the conditions subject to which a person may be admitted as an advocate or an advocate of the High Court;
(1) the procedure to be followed by a Tribunal constituted by the Bar Council in inquiries relating to the conduct of an advocate;
(m) the forming and regulation of firms of lawyers either throughout the Province or any specified part thereof;
104[(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory;]104
(n) the recognition 105[, derecognition]105 and functioning of Bar Associations.
CHAPTER IX
MISCELLANEOUS
106[57. Grants to Bar Councils and Bar Associations.
The Minister in charge of the Federal Government or a Provincial Government may make grant in aid to a Bar Council or a Bar Association in the manner and on conditions as may be determined by the Federal Government or the Provincial Government.]106
58. Penalty for illegal practice.
107[(1) Any person who is not an advocate and practices the profession of law or any person who is not entitled under this Act to practice in the Supreme Court, a High Court or any other Court or Tribunal subordinate thereto practices before the said Court or Tribunal shall be punished with imprisonment for a term which may extend to three years, or with fine upto fifty thousand rupees, or with both.]107
(2) Any advocate who practises the profession of law, or acts or appears as agent for any other person, while he is suspended from practice shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
59. Power to frame and publish lists of touts.
(1) Every High Court, District Judge, Sessions Judge, District Magistrate and every Revenue officer, not being below the rank of a Collector of a district (each as regards their or his own Court and the courts, if any, subordinate thereto), may frame and publish lists of persons proved, to their or his satisfaction, or to the satisfaction of any subordinate court as provided in sub section (3), by evidence of general repute or otherwise, to habitually act as touts, and may, from time to time, alter and amend such lists.
Explanation.—The passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise the profession of law in any court or revenue office, shall be prima facie evidence of the general repute of such person and of the fact that he is, or is not, a tout.
(2) No person’s name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.
(3) Any authority empowered under sub section (1) to frame and publish a list of touts may send to any court subordinate to such authority the names of any persons alleged or suspected to be touts, and order that court to hold an inquiry in regard to such persons; and the subordinate court shall thereupon hold an inquiry into the conduct of such persons and, after giving each such person an opportunity of showing cause as provided in subsection (2), shall report to the authority which has ordered the inquiry the name of each such person who has been proved to the satisfaction of the subordinate court to be a tout; and that authority may include the name of any such person in the list of touts framed and published by that authority:
Provided that such authority shall hear any such person who, before his name is so included, appears before it and desires to be heard.
(4) A copy of every such list shall be kept hung up in every court to which the same relates.
(5) The court or Judge may, by general or special order, exclude from the precincts of the court any person whose name is included in any such list.
(6) Any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three years, or with fine, or with both.
Explanation.—Any person ordered to be excluded from the precincts of a court under the provisions of sub section (5), if found on such precincts while such order is in force, shall be deemed, unless the contrary be proved, to be at such precincts for the purposes of acting as a tout.
(7) 108[* * * * * * *]108
(8) An offence under sub section (6) shall be non bailable:
109[* * * * * * *]109
59A. 110[* * * * * * *]110.
109[59B. Removal from Bar Association.
(1) An advocate who has once been admitted as a member of a Bar Association shall not be removed from such membership except on the ground that he has either incurred any of the disqualifications for the membership of a Bar Council under this Act or been in default in paying the fees of the Bar Association for a period of not less than twelve months:
Provided that the membership of an advocate who is removed on the ground of his having been in such default shall stand restored if he pays up the fees due within sixty days of such removal.
(2) 111[* * * * * * *]111]109
60. Power of the High Court relating to remuneration of advocates.
The High Court shall from time to time fix and regulate the fees payable by any party in respect of the fees of his adversary’s advocate in all proceedings in such High Court and in the courts subordinate to such High Court.
61. Group insurance.
(1) The Pakistan Bar Council may from time to time arrange for the insurance of the life of such advocates of the Supreme Court who are borne on its roll as have not attained the age of sixty five years, and a Provincial Bar Council 112[and Islamabad Bar Council]112 may like wise arrange for the insurance of the life of such advocates borne on its rolls as have not attained the age of sixty two years, and for such period as it deems fit.
(2) Where any such arrangement as has been referred to in sub section (1) has been made by a Bar Council—
(a) it shall establish a separate Group Insurance Fund which shall vest in and be administered by the Bar Council;
(b) every advocate whose life has been insured under such arrangement shall pay to the Bar Council, annually, monthly or at such other intervals as may be prescribed, such sum of money as the premium for the insurance of his life, as may be determined by the Bar Council;
(c) all sums received as premia under clause (b) and any interest or profit accruing thereon shall be credited into the Group Insurance Fund of the Bar Council;
(d) all expenses incurred by the Bar Council on the arrangements with an Insurance Company or other insurer and on the administration of the Group Insurance Fund shall be defrayed from such Fund; and
(e) any sums remaining in such Fund after defraying the expense referred to in clause (d) may be utilized for such purposes connected with the welfare of advocates as may be prescribed.
(3) The provisions of sub section (4) of section 34 shall apply to the insurance premia required to be paid under clause (d) of sub section (2), as if such premia were an annual fee or instalment of a fee payable under that section.
62. Benevolent Fund.
(1) A Bar Council may establish a fund to be called the Advocates Benevolent Fund.
(2) Where a Bar Council establishes a Benevolent Fund—
(a) if it be the Pakistan Bar Council, every advocate of the Supreme Court 113[borne on its roll]113, 114[****]114 and if it be a Provincial Bar Council 115[or Islamabad bar Council”, as the case may be,]115, every advocate borne on its rolls, shall pay to the Benevolent Fund, annually, monthly or at such other intervals as may be prescribed, such amount as his contribution to the Fund as may be determined by the Bar Council;
(b) the moneys credited into the Fund shall be kept in such bank as may be prescribed;
(c) the Fund shall be utilized, in such manner as may be prescribed by the Bar Council, for—
(i) the relief of advocates and their families;
(ii) giving financial relief to the families of deceased advocates;
(iii) making grants to advocates on special occasions; and
(iv) defraying expenditure in respect of the management of the Fund.
(3) The provisions of sub section (4) of section 34 shall apply to contributions required to be made to the Benevolent Fund under clause (a) of sub section (2) as if such contributions were an annual fee or instalment of fee payable under that section.
116[(4) An advocate shall not exercise the rights and privileges under this Act without making payment of the dues to the Pakistan Bar Council or a Provincial Bar Council 114[and Islamabad Bar Council]114 as may be prescribed by the Rules or Bye laws of such Bar Council.
(5) Every advocate shall be liable to pay contributions to the Benevolent Fund under this section and the Rules made thereunder to the Provincial Bar Council concerned notwithstanding his enrolment as an advocate or advocate on record of the Supreme Court of Pakistan.]116
63. Validation.
(1) Notwithstanding the constitution of new Provinces and the establishment of new High Courts by or under the Province of West Pakistan (Dissolution) Order, 1970 (P.O. No. 1 of 1970), or any law, judgement, order or decree of a Court—
(a) any powers exercised or functions and duties performed or undertaken by the Pakistan Bar Council or the West Pakistan Bar Council constituted under the Legal Practitioners and Bar Councils Act, 1965 (III of 1965) or by any committee thereof, or Tribunal appointed by it, in accordance with the provisions of the said Act, shall always be deemed to have been validly exercised, performed or undertaken; and
(b) no action, proceeding, decision, order or finding of such Bar Council, committee or Tribunal shall be called in question before any Court or other authority, only on the ground of the dissolution of the Province of West Pakistan, the constitution of new Provinces in its place or the establishment of new High Courts in the place of the High Court of West Pakistan.
64. 117[* * * * * * *]117.
65. 117[* * * * * * *]117.
66. 117[* * * * * * *]117.
67. Continuance in service of the employees of the West Pakistan Bar Council.
Every person in the employment of the West Pakistan Bar Council immediately before its dissolution, at whatever place he may for the time being be serving, shall be deemed, as from the constitution of Provincial Bar Councils under this Act, to be in the employment of the Bar Council for the Province or Provinces in which the said place is situated, and shall be entitled to the same terms and conditions of service as respects remuneration and leave as he was entitled to before the constitution of the last named council.
68. Savings.
(1) Nothing in this Act shall apply to mukhtars and revenue agents and every mukhtar and revenue agent practising as such immediately before the commencement of this Act shall continue to enjoy the same rights as respects practice in any Court or revenue office or before any authority or person as he enjoyed, and be subject to the disciplinary jurisdiction of the same authority to which he was subject, immediately before such commencement, and the provisions of the Legal Practitioners Act, 1879 (XVIII of 1879), or other law shall have effect in relation to such persons as if they had not been repealed by the said Act.
(2) 118[* * * * * * *]118
69. 117[* * * * * * *]117.
118[SCHEDULE
[See section 5(2)(b)]
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This digital version of the Legal Practitioners and Bar Councils Act, 1973 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.
