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Legal Practitioners and Bar Councils Act, 1973

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Legal Practitioners and Bar Councils Act, 1973 Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________1 PREFACE I am delighted to write the preface of this latest edition of the Legal Practitioners & Bar Councils Act, 1973 and the Rules made thereunder, which is an official publication of the Pakistan Bar Council. The last edition was published in 1989 when, for the first time, the details of original tests of all those provisions, which were either omitted or amended, from time to time, were placed at the footnotes, to facilitate making comparison between the original texts of such provisions with amended ones. For compiling and publishing the last edition strenuous efforts were made by Mr. Muhammad Arshed, Secretary, Pakistan Bar Council which are acknowledged with appreciation. In view of number of amendments made in different Rules and enactment of some new Rules by the Pakistan Bar Council since 1989, it was thought appropriate to publish the new edition. While updating this edition efforts have been made to incorporate in it all the relevant amendments made so far. This is, therefore, an authentic version of the Legal Practitioners and Bar Councils Act and the Rules made by the Pakistan Bar Council, thereunder. It is hoped that this publication will prove useful to all concerned. (Abdul Hakeem Khan H. Bijarani) Chairman Executive Committee Pakistan Bar Council Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________2 TABLE OF CONTENTS Pages 1. Legal Practitioners & Bar Councils Act, ……. 1 -69 1973 2. Pakistan Legal Practitioners & ……. 70-173 Bar Council Rules, 1976 3. Pakistan Bar Council ……. 174-181 Legal Education Rules, 1978. 4. Affiliation of Law Colleges Rules. ……. 182-186 5. Pakistan Bar Council ……. 187-189 Appeal Rules, 1986 6. Pakistan Bar Council ……. 190-199 Free Legal Aid Rules, 1999. Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________3 LEGAL PRACTITIONERS & BAR COUNCILS ACT, 1973 (ACT XXXV of 1973) CONTENTS Sections Pages CHAPTER I Preliminary 1. Short title and commencement. …. 6 2. Definitions. …. 6-9 CHAPTER II Constitution and Incorporation of Bar Councils 3. Constitution & incorporation of Bar Councils. …. 9 4. Term of Bar Council. …. 9-10 CHAPTER III Provincial Bar Councils 5. Composition of Provincial Bar Councils …. 10-13 5A. Qualifications for membership of a provincial Bar Council. …. 13 5B. Disqualifications for membership of a Provincial Bar Council …. 14 5C. Cessation of membership of Provincial Bar Council. …. 14 6. Chairman and Vice-Chairman of Provincial …. 14-15 Bar Council 7. Time of holding elections to a Provincial Bar Council. …. 15-16 8. Election to Provincial Bar Council not to be questioned on …. 16 certain grounds. Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________4 9. Function of a Provincial Bar Council …. 16-17 10. Committees of Provincial Bar Council. …. 17-18 CHAPTER IV The Pakistan Bar Council 11. Composition of Pakistan Bar Council …. 18-20 11A. Qualifications for membership of Pakistan Bar Council …. 20-21 11B. Disqualifications for membership of Pakistan Bar Council …. 21 11C. Cessation of membership of Pakistan Bar Council …. 21 12. Chairman and Vice-Chairman of the Pakistan Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________5 Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________6 LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973 (ACT XXXV OF 1973) An Act to repeal and, with certain modifications, re-enact the law relating to legal practitioners and bar councils . The following Act of the National Assembly received the assent of the President on the 22nd February, 1973, and is hereby published for general information:- 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 (Amendment) Act, 2005. (2) It shall come into force at once. 2. Insertion of new section, Act XXXV of 1973. In the Legal Practitioners and Bar Council Act, 1973 (XXXV of 1973), hereinafter referred to as the said Act, after section 1, the following new section 1A shall be inserted, namely:- “1A.Overriding effect. They provisions of this Act shall have effect not withstanding anything inconsistent therewith contained in any other law for the time being in force.” “(a) “advocate” means an advocate entered in any roll under the provisions of 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; Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________7 3. Amendment of section 2, Act XXXV of 1973. In the said Act, in section 2, (1) clause (cc) shall be omitted: (d) “High Court”, in relation to a Provincial Bar Council, means the High Court of the Province or Provinces, as the case may be, for which that Council is constituted; (2) for clause (e), the following shall be substituted, namely: - (e) “Legal practitioner” means an advocate.” 3[(ee) “member”, in relation to a Bar Council, does not include the Chairman thereof;] (f) “Pakistan Bar Council” means the Bar Council constituted for Pakistan under section 11; _______________________________________________________ It was substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 2, with effect from 2.3.1985: “(a) “advocate” means an advocate whose name is for the time being entered in the Roll of Senior Advocates, Roll of Advocates or Roll of Advocates-on-Record of the Supreme Court under the Rules of the Supreme Court or in the roll of Advocates of a High Court under this Act”. It was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 2, with effect from 25.8.1978. 2. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 2(a), with effect from 12.10.1978. 2a. Substituted, with effect from 8.7.1981, for the following, through the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance XXVII of 1981) section 3 and Sch. 11: “(a) “Legal practitioner” means an Advocate or a Mukhtar or Revenue Agent practicing as such immediately before the commencement of this Act”. 3. Inserted, through Ordinance No XL of 1978, section 2(b). (g) “Prescribed” means prescribed by rules made under this Act; 4[(h) “Provincial Bar Council”, in relation to a Province, means the Provincial Bar Council constituted for that Province;] Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________8 (i) “Provincial roll” 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 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 land holders and their tenants or agents; (3) After clause (k), the following new clause shall be inserted, namely:- “(kk) “roll of group of districts” means a roll of advocates of a High Court and roll of the Advocates practicing in the districts of the group, as mentioned in the schedule, prepared and maintained by a Provincial Bar Council.” And (i) who procures, in consideration of any remuneration moving from any legal practitioners, 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 _______________________________________________________ 4. Submitted, ibid, section 2(c), for the following: “(h) “Provincial Bar Council” in relation to a Provinces, of Sind and Baluchistan, means the Provincial Bar Council constituted for that Province, and in relation to the Provinces of Sindh and Baluchistan the common Bar Council constituted for the two Provinces under this Act”. (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; (o) Voter means. Pakistan Legal Practitioners & Bar Councils Rules, 1976______________________________9 (i) In relation to election to a Provincial Bar Council, 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 and who is not in arrears of dues of the Provincial Bar Council 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.” (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. 7[The] term of every Bar Council 5. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 3(a), with effect from 12.10.1978. 6. Substituted, ibid, section 3(b), for the following:- “(ii) a Bar Council for each Province, other than the Provinces of Sind and Baluchistan, to be known as the Bar Council of the Province concerned; and (iii) a Bar Council for the Provinces of Sind and Baluchistan, to be known as the Sind and Baluchistan Bar Council. 7. The word “The” was substituted for the words, figures and comma “Save as provided in Section 65 in respect of the existing Bar Council, the” by the Legal Practitioners and Bar Councils (Amendment) ordinance, 1982 (Ordinance SVII of 1982) section 2(a), with effect from 15-7-1982.
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