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The Sindh Government Gazette Part Ii Notice

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The Sindh Government Gazette Part Ii Notice THE SINDH GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY KARACHI, THURSDAY, OCTOBER 22, 1992 PART II MISCELLANEOUS NOTICES ADVERTISEMENTS AND C NOTICE SINDH LEGAL PRACTITIONERS AND BAR COUNCIL RULES, 1991. No. 6307/SBC/92.—the Sindh Council in its meeting held on 31st January, 1991, felt expedient to repeal and with certain modifications reframe the Sindh Legal Practitioners and Bar Council Rules. It is hereby notified as under :— CHAPTER—I SHORT TITLE AND DEFINITION 1. (1) These Rules may be called Sindh Legal Practitioners and Bar Council Rules, 1991. (2) These shall come into force with effect from 1st March, 1991 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” mean the Legal Practitioners and Bar Council Act 1973 (Act XXXV of 1973). (b) “Bar Council” means the Sindh Provincial Bar Council. (c) “Bar Association” means a Bar Association recognized as such under these rules. (d) “Chairman” in relation to the Sindh Provincial 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) “Committee” means a Committee constituted under the Act or these Rules. (f) “Form” means a form pended to these Rules and includes any other form approved by the Bar Council or its Committee. (g) “Member” means a member of the Bar Council under Section 5 or Section 16 of the Act. (h) “Rules” or “these Rules” means rules framed under Section 56 of the Act. (i) “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. (j) “Voter” means an advocate whose name for the time being appears on the divisional roll and to whom an Identity Card has been issued by the Sindh Bar Council and who is not arrears of dues of the Sindh Bar Council. (k) “Vice-Chairman” means Vice-Chairman of the Bar Council elected under section 6 of the Act. Words and expressions defined in the Act and used in these Rules shall unless the context otherwise requires, have the meaning assigned to them in the Act. C H A P T E R – II FIRST MEETING. 3. First Meeting.—The Chairman shall, within one month of the commencement of the terms of the Bar Council fix a date, time and place of the First meeting of the bar Council. 4. Election of Vice-Chairman (a) At the first meeting of the Bar Council, the Vice-Chairman shall be elected from amongst the members. (b) When the Office of the vice-Chairman is vacant, the Chairman shall within one month of the occurrence of the vacant fix a date time and place for holding election. The Secretary shall sent to every member a notice showing the date and place fixed therefore. C H A P T E R —III CHAIRMAN, VICE-CHAIRMAN & SECRETARY 5. Function and duties of the Chairman.—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. 6. Functions and Duties of the Vice-Chairman.—The Vice-Chairman shall have the responsibility and powers of the Chairman under these Rules and shall discharge the functions 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.—These shall be a Secretary of Bar Council to be appointed by the Council. In case of emergency, the Chairman may nominate any person to discharge the functions of the Secretary, till next meeting of the Bar Council, when the matter shall be placed before it. C H A P T E R — IV MEETING 8. Summoning Meeting.—The Chairman have regard to the state of the business of the Bar Council, shall summon a meeting of the Bar Council. Provided that not more than three months shall elapse between two meetings of the Bar Council. 9. Time and place of the Meeting.—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 or place for a particular meeting. 10. Notice of Meeting.—When a meeting of the Bar Council is summoned by the 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 in case of emergency call a meeting of the Bar Council at a notice of not less than 3 days. 11. Decision by Circular.—If in the opinion of the Chairman, it is necessary or expendient to obtain views of members and their decision by circulation, he may circulate the resolution to all members and if the majority of its members to a minimum requirement of the quorum of the Council support the resolution it will be deemed to be a resolution of the Council. 12. Quorum.—(a) No sitting of the Bar Council shall commence unless five of its members are present (b) If within half an hour of the time fixed for commencement of the meeting the number of members required for the quorum is not present, the Chairman may adjourn the meeting to any other date. (c) No quorum will be necessary for an adjourned meeting adjourned for want of quorum. 13. At a meeting of the Bar Council the Chairman, and in his absence the Vice-Chairman, shall take the Chair. If both the Chairman and the Vice-Chairman are not present, members present may elect anyone of them to take the Chair. 14. Save as otherwise provided in these rules, business not included in the list of business shall not be transacted in any sitting, unless the majority of the members present at the meeting permits. 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 intimation 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 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 a casting vote. 18. The Secretary shall prepare a full report of the proceedings of the Bar Council at each of its meeting under the directions 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 entitled to inspect the minute book at all reasonable times. 19. Any matter determined by a resolution of the Bar Council shall not be reopened within three months of the date of the resolution unless two-third of the total members may requisition in writing to that effect. 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 otherwise decides, enter the matter in the list of business for the subsequent meeting. 21. Not less than five of the total members of the Bar Council may in a requisition signed by them require the Chairman or the Secretary, to call a meeting of the Bar Council. On receipt of such a requisition the Secretary shall convence a meeting at a date, time and place fixed by the Chairman, within 10-days of the receipt of such requisition. If no requisitioned meeting is convened as provided herein any five of the requisitionsts may convence the requisitioned meeting and all expenses incurred in that behalf shall be borne by the Bar Council. CHAPTER—V COMMITTEES 22. The Bar Council shall, within one month of these Rules or within three months from the commencement of the terms of the Bar Council constitute from amongst its members one or more of the following committee:- Law reforms Committee, Benevolent Fund Committee, Privileges Committee, Library Committee, Examination Committee, Law Journal Committee, Rules Committee and Advocates roll preparation and correction Committee. 23. Committee of the Bar Council.—In addition to the standing Committee constituted under Sub-Section (1) of section 10 of the Act, and Rule 22 the Bar Council may constitute, from amongst its members, such other committees as it may deem necessary for the performance of its functions, under the Act or these Rules and may authorize any such Committee to co-opt as its members, any person, as the Bar Council may determine.
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