Vol. LII 2024
PAKISTAN
LAW JOURNAL
(P.L.J.)
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PUNJAB STATUTES
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NOTIFICATION
POLICE RULES, 1934
[Gazette
of Punjab, Extraordinary, 3rd December, 2020]
No. 43604/DIG/IT, dated 15.12.2017.--In exercise of the
powers conferred under Article 112 of the Police Order, 2002 (22 of 2002), the
Provincial Police Officer, with the approval of Government of the Punjab, is
pleased to direct that in the Police Rules, 1934, the following further amendments
shall be made:
In the Police Rules, 1934, in
Chapter XXII:
(1) for
Rule 22.3, the following shall be substituted:
“22.3.
Station Clerk.--(1) A Station clerk shall:
(a) be
a literate head constable or IT literate officer;
(b) work
under the supervision of the officer incharge of the police station;
(c) act
as a clerk, accountant and record keeper; and
(d) be
the custodian of the property at the police station.
(2) A station clerk may be assisted by one or
more assistant clerks.
(3) The
Provincial Police Officer may, by general or special order, assign any one or
more tasks to any officer mentioned above.”; and
(2) in
Rule 22.4, for clause (a), the following shall be substituted:--
“(a) He shall:
(i) maintain
hard as well as soft copy (electronic copy) of the registers as per orders of
the Provincial Police Officer;
(ii) dispose of and be responsible for early disposal of all the
correspondence as per instructions of the officer incharge of the police
station; and
(iii) write all reports and returns called for by the competent
authority.”.
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NOTIFICATION
POLICE RULES, 1934
[Gazette of Punjab, Extraordinary, 12th January, 2024]
No. 14/EXEC-III, dated 2.1.2024.--In
exercise of the powers conferred under Article 112 of the Police Order, 2002
(C.E.O. No. 22 of 2002), the Provincial Police Officer, with the prior approval
of the Government, is pleased to make the following amendments in the Police
Rules, 1934. It shall come into force with effect from 19th October 2023:
In the Police Rules, 1934:
1. In
Rule 22.3, for sub-rule (2), the following shall be substituted:
“(2)
A station clerk may be assisted by one or more assistant clerks, senior station
assistants, police station assistants or other IT literate officers. They shall
be responsible for entering, monitoring and supervising the online data.”.
2. In
Rule 22.45, after the words “shall be”, the words “prepared digitally as well
as copies thereof made in uniform process shall be” shall be inserted.
3. In
Rule 22.48, for sub-rule (1), the following shall be substituted:
“(1)
The Daily Diary shall be maintained in accordance with Article 167 of the
Police Order, 2002. It shall be in Form 22.48 (1) and shall be maintained
digitally as well as two copies thereof be made in the same uniform process.
One shall remain in the police station in shape of register and the other shall
be dispatched to a Gazetted Officer to be designated by the Superintendent of
Police or the Superintendent of Police himself every day at the hours fixed in
this behalf.”.
4. In
Rule 24.11 in sub-rule (1), for the words “by the officer in charge of a police
station”, the words “as well as digitally and copies thereof be made in the
same uniform process by the Officer in charge or authorized person on his
behalf in prescribed register of the said police station” shall be substituted.
5. In
Rule 24.5:
(a) for
sub-rule (1), the following shall be substituted:
“(1)
The First Information Report Register shall be a digitally maintained book in
Form 24.5(1) and cases shall bear an annual serial number in each police
station for each calendar year for recording of substance of Information
received regarding cognizable offence by such officer in charge of the police
station or authorized officer on his behalf in this regard on a prescribed form
24.5 (1). Five copies of said first information report shall be made in one
uniform process by the said officer for its legal use having special system
generated QR Code.
The
record of the said book shall be preserved digitally at the main server to be
kept at any place where the Provincial Police Officer deems fit.
The principal copy of
the said report in form of hard book as well as digital shall be preserved in
the police station for a period of sixty years. The other four primary copies
shall be submitted as follows:--
(a) One to the head of the
district Police or any other Gazetted Officer nominated by him.
(b) One to the Magistrate
empowered to take cognizance of the offence as is required by Section 157,
Criminal Procedure Code.
(c) One to the complainant unless a written
report in Form 24.2(1) has been received in which case the check receipt
prescribed shall be sent.
(d) One copy to District
Public Prosecutor concerned and if the case is regarding special Court then to
the senior prosecutor of the special Court.”;
(b) in sub-rule (4), at the end, the following
shall be inserted:
“as well as the said information shall
be incorporated in the said digital FIR of the police station”; and
(c) in sub-rule (5), for the words “original
copy”, the words “principal copy as well as the said information shall be
incorporated in the said digital FIR of the police station” shall be
substituted.
6. For Rule 25.18, the following shall be
substituted:
“25.18. Statement recorded under
Section 161, Code of Criminal Procedure.--Statements recorded by an
Investigating Officer under Section 161, Code of Criminal Procedure, shall not
form part of the case diary prescribed by Section 172, may be recorded
separately i.e. manually or digital writing through modern devices and may be
prepared on his direction manually or digitally and after drawing the print of
the digital copy he shall sign the same and attach to the case diary, form
25.54(1). The number of statements attached to a particular case diary, and the
number of pages in each statement, shall be noted in the case diary. An
Investigating Officer, after examining a person orally or recording a statement
under Section 161, Code of Criminal Procedure, shall make a brief note of the
fact in his Case Diary.”.
7. In Rule 25.23, in
sub-rule (1), after the word “prepared”, the following shall be inserted:
“manually or
digitally through modern devices by Police Officer himself or under his
dictation”.
8. In Rule 25.53:
(a) for sub-rule (1),
the following shall be substituted:
“(1) Section 172(i), Code of Criminal
Procedure requires that a case diary shall be maintained and submitted daily
during an investigation by the Investigating Officer, such diary shall be
recorded, digitally through any modern device, by himself or under his
dictation or manually reduce into writing, concisely and clearly, the steps
taken by the police, the circumstances ascertained through the investigation
and the other information required by Section 172(i); Code of Criminal Procedure.”;
and
(b) in sub-rule (2), the
word “written” shall be omitted.
9. In Rule 25.54:
(a) for sub-rule (1), the
following shall be substituted:
“(1) Recorded and digital
case diary maintained in the police station shall ordinarily be submitted in
Form 25.54(1) and each sheet shall be numbered and stamped with the station
stamp. The officer preparing the said case diary shall enter in such diary a
list of the statements, recorded under Section 161, Criminal Procedure Code,
which are attached to such diary and the number of pages of which each such
statement consists.”.
(b) in sub-rule (6), at the
end, for the “full stop”, the expression “colon” shall be substituted and
thereafter, the following proviso shall be inserted:
“Provided that
all the digital FIRs, Case Diaries and Registers maintained before the
commencement of this amendment shall be deemed to be maintained under these
rules.”.
10. For form 24.5(1), the
following shall be substituted:
دستخط: بیلٹ
نمبر: عہدہ: ٹیلی
فون نمبر:
(ابتدائی
اطلاع نیچے
درج کریں)
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NOTIFICATION
[1]THE
PUNJAB LAWYERS’ GROUP BENEFIT
SCHEME RULES, 2021
[Gazette
of Punjab, Weekly, Part-III, 7th December, 2022]
Whereas it is
expedient to establish a fund for the common benefit of the lawyers of Punjab,
and to provide accidental disability/relief in life and to provide financial
relief to the family of lawyers in case of lawyers death.
Now, therefore, the Punjab Bar Council, in exercise of the powers
conferred on it by Section 56 clause (f) and Section 61 of the Legal
Practitioners and Bar Councils Act, 1973 (XXXV of 1973) read with Section 62 of
the said Act, hereby makes the following rules:-
CHAPTER-I
PRELIMINARY
1.1 These
Rules may be called as the Punjab Lawyers Group Benefit Scheme Rules,
2021.
1.2 They shall
come into force at once.
1.3 In these
Rules, unless there is anything repugnant in the subject or context:
(a) “Act”
means, the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973).
(b) “Accidental
Disability” means, “unexpected”, and “Unforeseen” a mishap, or unevenness
of surface, Road Accident Disability.
(c) “Advocate/Lawyer”
means an advocate whose name is born on the Roll of Punjab Bar Council and the
Register maintained under these Rules.
(d) “Bar Council”
means the Punjab Bar Council.
(e) “Chairman”
means the Chairman Benevolent Fund Committee of Punjab Bar Council.
(f) “Committee”
means the “Benevolent Fund Committee” of Punjab Bar Council.
(g) “Court”
means the “Court of competent jurisdiction under the prescribed law.”
(h) “Current Year”
means the period from “1st December to 31st December” of
the running year.
(i) “Family”
means the legal heirs of the deceased lawyers, according to the personal law of
the Advocate.
(j) “Form”
means the “form appended to the Rules.
(k) “Premium”
means the annual contribution as prescribed from time to time under this
scheme.
(l) “Regular
Member” means “the advocate, who paid the premium within due date as per
Schedules under these rules.
However, in case
of claim falls under the Schedule “B” and “C”, the candidate/Advocate who
deposited the annual contribution for last two years, be considered as regular
Member.
(m) “Scheme”
means the Lawyers Group Benefit Scheme, under these Rules.
(n) “Scheduled
Bank” means the Bank prescribed in clause “M” of Section 2 of the State
Bank of Pakistan Act, 1956.
(o) “One
organ” means one eye, one leg, one hand and one ear of the body.
(p) “Two
organs” means eyes, ears, hands and legs of the body.
1.4 The terms not defined herein shall, wherever, the context so the
permits, have the same meaning as is assigned to them under the Act.
CHAPTER-II
CONSTITUTION OF THE FUND
2.1 There shall be constituted a lawyers Group Benefit Scheme
fund, (hereinafter called as fund).
2.2 Every contributory advocate born on the roll of Punjab Bar
Council may by now, or an applicant for being enrolled as an Advocate, shall
make contribution as per Schedules per year as premium, from the date of his
enrollment and the new applicant from 1st December to 31st
December for next year:
1. Provided that an
advocate has a right to deposit five years premium amount in advance fee for
period of five coming years as a whole.
2. Provided that the
newly enrolled Advocate will be secured and benefited of this scheme only for schedule (A) from the date on which
he comes on the Roll of Punjab Bar Council as an Advocate.
3. Provided also
that an Advocate who is making annual contribution, of current year, claim
shall be paid to the advocate or the legal heirs of the deceased advocate till
31st December of current year, as per Schedule ‘A’.
4. Provided further
that the legal heirs of an Advocate will be entitled to the payment of the
death claim, if the Advocate dies of natural or accidental death according to
the following Schedule.
IN CASE OF DEATH
SCHEDULE
Annual Premium Rs. 2000/- |
|||
Schedule of Death Claim of Group Insurance |
|||
Age Category |
Annual Premium |
Natural Death Claim |
Accidental Death Claim |
60
(100%) |
2,000.00 |
500,000.00 |
1,000,000.00 |
60-65
(75 %) |
2,000.00 |
375,000.00 |
750,000.00 |
65-70
(50 %) |
2,000.00 |
250,000.00 |
500,000.00" |
Note: In case of natural death of an
advocate, his legal heirs will be entitled to draw the amount as mentioned
above according to their age categories prescribed in Schedule.
In
case of accidental death of an Advocate his legal heirs will be entitled to
draw the double amount as mentioned above according to their age categories
prescribed in Schedule.
Disability:
In case of
accidental disability, the Advocate himself will be entitled to the payment
according to the following schedule and with presence to his age-group
prescribed in Schedule.
1. One organ out of two organs of the body,
or completely blind from one eye, amputation of one leg or one hand, or two/one
ear, which causes permanent disability from the said organs, ˝ of total claim
of his age group.
2. Two organs completely and
permanently disabled, both eyes, completely blind, amputation of both legs, or
hands total claim of his age group.
Provided that
Punjab Bar Council may change the amount of premium, amount of claim, etc.
through its decision of simple majority.
2.3 No Advocate or claimant will be entitled for any amount of the
claim, the Advocate has not deposited the amount of the premium of the year
within due date, in which he has died.
2.4 In case of accidental disability, the advocate shall be examined
by District Standing Medical Board at District Headquarter Hospital. The
concerned Medical Superintendent shall be the member of the District Standing
Medical Board, and the Medical Report shall be countersigned by the Medical
Superintendent (M.S) of the concerned Hospital.
Provided that Members who have
deposited as per proviso 2.4 the premium amount of current year, will be
entitled for claim under schedule.
2.5 In case of accidental disability the inquiry will be held and
conducted by the inquiry committee, consisting of two Members of the Benevolent
Fund Committee nominated by the Committee and one Member of the Punjab Bar
Council of the concerned District, appointed by the Benevolent Fund Committee.
All claims, will be decided by the
Benevolent Fund Committee, and after approval from the Benevolent Fund
Committee, the claim will be put before General House of Punjab
Bar Council for approval and decision of Bar Council with simple majority will
be final.
2.6 The procedure of filing the claim will be as under:-
PROCEDURE OF
CLAIM:
IN CASE OF DEATH
The applicant shall append the following documents along with the
application for claim:
1. Death Certificate
2. Death claim Form, attested
by Member Punjab Bar Council.
3. Condolence Resolution of the concerned
District Bar Association/ Tehsil Bar Association.
4. List of legal heirs/FRC
(Family Registration Certificate) attested by the learned Member of the
concerned District or the President of the concerned District Bar Association
5. If claim is filed by one
legal heir, then the consent of the other legal heirs through affidavits,
countersigned by the Member Punjab Bar Council concerned.
6. In case of minor legal
heirs, the guardianship certificate and Court order regarding withdrawal of
amount. However, in case of minors living under the custody of real mother, the
Committee may decide the case while considering the facts without waiting for
the guardianship certificate.
7. Copy of the Identity Card issued
by Punjab Bar Council.
8. Copy of Computerized
National Identity Card.
9. Affidavit regarding
non-employment of the deceased at the time of his death in any
Federal/Provincial Government, Departments, Corporations or Autonomous Bodies
etc.
IN CASE OF ACCIDENTAL
DISABILITY
1. Written application
addressed to the Chairman of Benevolent Fund Committee.
2. Certificate of Lawyers
Group Benefit Scheme issued by the office.
3. Medical Clinical reports of the
laboratories recognized by the Medical Counsel or Health Care Commission of
Pakistan.
4. Document to prove accident (police report
etc.).
5. Copy of Identity Card issued by Punjab
Bar Council.
6. Copy of the Computerized National
Identity Card.
7. Affidavit being not employed in any
Federal/Provincial Government, Corporations or Autonomous Bodies etc.
2.7 Consequent upon inquiry, if it is proved
that the advocate is/was employed in any Government Deptt. Corporations on
Autonomous Bodies at the time of his death or disability due to accident he or
his legal heirs shall not be entitled of any death claim or accidental
disability claim.
2.8 No
Advocate shall be allowed to be a member of Lawyers Group Benefit Scheme, who
has attained the age as per Schedule at the time of first date of deposit of
the amount of premium of the current year and who has joined any job, in
Federal/Provincial Government, Corporations, Autonomous Bodies or Financial
Institution etc.
CHAPTER-III
ACCOUNTS AND AUDITS
3.1 The scheme shall be managed by the
Benevolent Fund Committee, functioning under the supervision and control of the
Bar Council.
3.2 The receipts and expenditures shall be
separately entered in a cash book, to be maintained in the manner, provided in
the Punjab Legal Practitioners and Bar Council Rules, 1974.
3.3 The received amount from annual premium
shall be invested in Directorate of National Saving Scheme or kept in scheduled
Bank in such securities, as may be approved by the Bar Council.
3.4 The Bank account will be operated by the
Vice Chairman and Chairman of Benevolent Fund Committee jointly.
3.5 The accounts shall be audited in the manner
prescribed by the Punjab Legal Practitioners and Bar Council Rules, 1974.
3.6 The fixed deposit certificate will be
entered in separate register with details which will be examined by Benevolent
Fund Committee quarterly basis.
3.7 The details of
all contribution in the scheme under these Rules, will be put, and verified by
the Finance Committee in the month of January. Finance Committee forwarded the
details in the General House of the Bar council held in January or February in
the coming year.
CHAPTER-IV
MISCELLANEOUS
4.1 Every Advocate shall submit a Form alongwith
the details of his legal heirs, according to his personal law, at the time of
deposit of his premium in his Form.
4.1(a) Addition. In case of non submission of Form, the claim
will be decided in favour of his legal heirs, according to his personal law.
4.2 The applicant for enrollment as an Advocate of the lower Courts or the
High Court shall submit deposit slip of Rs. 2000/- as contribution towards the
scheme alongwith his application form.
Provided that the
advocate has avail the Benefit Scheme of
Rs. 2000/- contribution.
4.3 The
Advocate who has transferred his enrolment from other Bar Councils to Punjab
Bar Council, shall deposit premium of Rs. 2,000/- as contribution towards the
scheme.
4.4 The Bar Council will establish a separate section, i.e. the Lawyers
Group Benefit Scheme Section. This section will issue a certificate, after
receiving the receipts of the deposit of annual premium.
4.5 The advocates who deposited their annual
contribution in year 2020-2021 will be treated according to these rules.
4.6 The claim will be verified from the list put
by the Finance Committee in the meeting of Bar Council.
4.7 Finance Committee prepares a separate
register on annual basis of the contributors after verification from the Bank.
5. Repeal. The Punjab Lawyers’ Group Benefit Scheme
Rules, 2017 is hereby repealed.
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NOTIFICATION
[2]THE PUNJAB ADVOCATES
WELFARE FUND
RULES, 2022
[Gazette of Punjab, Weekly, Part-III, 12th July, 2023]
No. 9678/2023/PbBC. Whereas
it is expedient to establish a Advocates welfare fund for the common benefit of
the Advocates across the Punjab and to provide the medical grant-in-aid to the
sick and infirm Advocate, and to help the advocates in emergency condition, and
for the manner of the management and regulation, the Punjab Bar Council while
exercising the powers conferred under section 56 of clause (f) of the Legal
Practitioners and Bar Councils Act, 1973 (XXXV of 1973) hereby makes the
following rules:-
CHAPTER-1
PRELIMINARY
These rules shall be called the “The Punjab Advocates Welfare
Fund Rules, 2022”.
1.1 These rules shall
be come into force at once.
1.2 In
these rules, unless there is anything repugnant in the subject or context:
(a) “Act”
means the Legal Practitioners And Bar Councils Act, 1973
(b) “Advocate”
means an advocate entered in any roll under the provisions of this Act;
(c) “Bar
Council” means a Bar Council constituted under this Act;
(d) “Advocates
Welfare Committee” means the Advocates welfare Committee of the Punjab Bar
Council
(e) “High
Court Bar Welfare Committee” means the advocates welfare Committee
established in the High Court bar association at Lahore, Multan, Rawalpindi and
at Bahawalpur.
(f) “District
Bar Welfare Committee” means the advocates welfare Committee established in
all the Districts of the Punjab province.
(g) “Tehsil
Bar Welfare Committee” means the advocates welfare Committee established in
all the Tehsils of the Punjab province.
1.4 The
terms, words and phrases not defined herein shall wherever the contents so
permit, have the same meaning as is assignee to them under the act, and the
Punjab Legal Practitioners and Bar Council Rules, 1974
CHAPTER-2
CONSTITUTION OF THE FUND
2.1 There
shall be constituted an advocate welfare fund in the Punjab Bar Council.
2.2 Punjab
Bar Council will establish an advocate welfare Committee of Punjab Bar Council,
consists of a chairman, and four members, amongst their members according to
the act, and all other related rules.
2.3 Advocate welfare fund will also be
established at the level of Tehsil Bar Associations, District Bar Associations
and High Court Bar Associations.
2.4. For
the Welfare of the Advocates:-
(i) “Advocates
Welfare Fund” will be established through Advocates Welfare Committee mentioned
at Tehsil, District and High Court bar level, which will consist of not less
than 7-Members
(ii) President and General Secretary of the concerned Bar Association,
and Members Punjab Bar Council of concerned District, will be the Members of
the said Committee. However, (President, General Secretary and Members Punjab
Bar Council) will enhance the strength of the Committee as required.
(iii) The Member of Advocates Fund Committee having at least 10-years
practicing experience as an Advocate.
(iv) Advocate Welfare Committee with majority vote, nominate further
required members of Committee at initial stage and any subsequent stage.
(v) Advocates
Welfare Committee will open a new Bank account with the name of “Advocates
Welfare Fund” in any scheduled Bank.
(vi) Advocates welfare Committee of Punjab Bar Council will run a
separate account, which will be run by the vice chairman Punjab Bar Council and
Chairman Advocate Welfare Committee jointly.
(vii) Advocates Welfare Committee of Tehsil, District and High
Court, will nominate two Members from
themselves, who will run the Bank account jointly with the consent of the
Committee. Committee with majority vote may change and nominate two new members
to run the bank account as and when required.
(viii) General Secretary of the concerned Bar Association will also act
as secretary of the Advocates Welfare Committee. Secretary will maintain
minutes book/register for the proceedings of the Committee.
(ix) Advocates Welfare Committee will convene at least one meeting on
monthly basis.
(x) Advocates
Welfare Committee may receive grant, fund from Federal Government, Provincial
Government, Local Government etc and all other public and private Government
and non Government organizations, institutions and any other public person.
(xi) Advocates Welfare Committee of Punjab Bar Council will supervise
all the matters relating to the Advocates Welfare Committee of Tehsil, District
and High Court Bar Associations level.
(xii) Advocates Welfare Committee of Punjab Bar Council may pass any
order relating to the affairs of the Advocates Welfare Committees after issuing
a notice.
(xiii) At any stage, if Advocates Welfare Committee of Punjab Bar
Council, reached at the conclusion that the Advocates Welfare Committees are
not working properly, according to the rules or receive any complaint of
Financial corruption/embezzlement, then Advocates Welfare Committee of Punjab
Bar Council may pass any order while considering the issue, after issuing a
notice and providing and opportunity of hearing.
(xiv) Financial corruption in the Committee will be deemed as
professional misconduct.
(xv) Advocates Welfare Committee of Punjab Bar Council after passing
the order of suspension of the practicing license of any member, will forward
its case to the Disciplinary Committee of Punjab Bar Council for further
proceedings.
(xvi) Any existing welfare Committee, whatsoever working in Tehsil,
District or High Court Bar Associations, will merge its self, in the new
establish Committee. However, in case of any hardships, ambiguity, regarding
the formation, these rules having the overriding effects.
(xvii) At the end of years (31st December) the Advocates Welfare Committee
will prepare annual report and submit it before the Advocates Welfare Committee
of Punjab Bar Council through Secretary.
(xviii) In the third week of January of each year, newly elected President
and General Secretary will join the Advocates Welfare Committee. Advocates
Welfare Committee with majority vote, will nominate two new members who will
run the bank account of the Advocates Welfare Fund.
(xix) Outgoing Secretary will inform the concerned bank officials
regarding the change of signatory of Bank account.
(xx) Punjab Bar Council will establish Advocates welfare fund fee of
Rs.1000/-, in year 2022 which will be received from the new enrollments. All
the collected funds will be distributed to the Advocates Welfare Committees as
decided by the General House of Punjab Bar Council. However, general house of
Punjab Bar Council will enhance the said fee, if it deems necessary.
(xxi) The advocate welfare
Committee may invest such fund in national savings of Pakistan.
(xxii) Committee may pass an
order of audit at any time, if it deems fit.
CHAPTER-3
FUND DISBURSEMENT
3.1 that the sick and infirm
advocate may move an application seeking medical relief from the Punjab Bar
Council and concerned committees. The application must be supported by the following documents.
a. copy of the licence of
the advocate.
b. copy
of C.N.I.C. of the advocate
c. recommendations
of the member Punjab Bar Council concerned or the president bar association.
d. recommendation
of the medical practitioner registered with Pakistan medical and dental
council.
e. Secretary Bar
Association or concerned section officer of the Advocate Welfare Committee of
Punjab Bar Council after verification of the advocate concerned, forward the
application to the Committee within three days positively of receiving the
application.
f. The advocate welfare
Committee of Punjab Bar Council will issue the grant upto Rs.50000/- subject to
the availability of the funds. However, in special case of cancer, liver
transplant, dialysis, the Advocate Welfare Committee of Punjab Bar Council will
forward the case to the next general house of the Punjab Bar Council for
further grant with their recommendations.
CHAPTER-4
SAVINGS AND REPEAL
4.1 All acts, decision passed
or taken by the Committee under the Grant-in-aid to the sick and infirm
Advocates Rules, 2013 are being protected.
4.2 Grant-in-aid to the sick
and infirm Advocates Rules, 2013 is hereby repealed.
Ch.
Shafaqat Ali
Chairman
Rules Committee
Punjab Bar
Council
-----------------------------------
NOTIFICATION
[3]THE PUNJAB LEGAL PRACTITIONERS &
BAR COUNCIL RULES, 2023
[Gazette of Punjab, Weekly,
Part-III, 12th July, 2023]
No. 9678/2023/PbBC. In
exercise of the powers conferred by Section 55 of the Legal Practitioners and
Bar Councils Act, 1973 (XXXV of 1973) and other enabling provisions in this
behalf, the Punjab Bar Council hereby promulgates and notifies the following
Rules:
CHAPTER – I
PRELIMINARY
1.1. These Rules may be called
the Punjab Legal Practitioners and Bar Council Rules, 2023.
1.2. They shall come into force
at once.
1.3. In these Rules unless there
is anything repugnant in the subject or context:-
(a) “Act” means the
Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973);
(b) “Additional Secretary”
means a person, appointed as additional Secretary of the Bar Council, by the
Bar Council.
(c) “Advocate” means an advocate
entered in the roll under the provisions of the Legal Practitioners and Bar
Councils Act, 1973 & the Punjab Legal Practitioners and Bar Council Rules,
2023.
(d) “Advocate-General” means the
Advocate-General of the Punjab;
(e) “Assistant Secretary” means a
person, appointed as assistant Secretary of the Bar Council, by the Bar
Council.
(f) “Bar Council” means the General
House of the Punjab Bar Council;
(g) “Bar Association” means a Bar
Association recognized as such by the Bar Council under the Legal Practitioners
and Bar Council Act, 1973 or the Rules framed thereunder, including, inter
alia, Tehsil Bar Association, District Bar Association & High Court Bar
Association.
(h) “Chairman” means the Chairman of
the Punjab Bar Council, who shall be Advocate General of the province of
Punjab.
(i) “Committee” means a Committee
constituted by the Bar Council under section 10 of the Legal Practitioners and
Bar Councils Act, 1973 or Rule 4.2 of the Punjab Legal Practitioners and Bar
Council Rules, 2023.
(j) “Document” denotes any matter
expressed or described upon any substance by means of letters, figures or
marks, or by more than one of those means, used, intended to be used, or which
may be used, as evidence of that matter.
(k) “Editor” means the editor of
Pakistan Law Journal of Bar Council.
(l) “Form” means form appended to
these Rules.
(m) “Member” means a member of the
Punjab Bar Council elected as such under Section 5, or who fills the vacancy of
an elected member under Section 16(b) of the Legal Practitioners and Bar
Councils Act, 1973.
(n) “Rules” means the instant rules;
(o) “Secretary” means a person
appointed as secretary of the Bar Council and includes any other person to whom
all or any of the functions of the secretary are, for the time being, entrusted
by the Bar Council or the Chairman with the prior approval of the Bar Council.
(p) “Section” means any section of the
Legal Practitioners and Bar Council Act, 1973.
(q) “Section officer” means a person,
appointed as section officer of any section or department of the Bar Council,
by the Bar Council, only for the purpose of administration, amongst the senior
employees of the Bar Council.
(r) “Valuable security” denotes a
document which is, or purports to be, a document whereby any legal right is
created, extended, transferred, restricted, extinguished, or released, or
whereby any person acknowledges that he lies under legal liability, or has not
a certain legal right.
(s) “Vice-Chairman” means the
Vice-Chairman of the Bar Council elected under Section 6 of the Legal
Practitioners and Bar Councils Act, 1973.
(t) “Voter” means an advocate whose
name for the time being appears on the roll of the Bar Council.
1.4. The posts of
Secretary, Additional Secretary, Assistant Secretary and Section Officer does
not render the same for automatic consideration in any basic pay scale or for
any promotion or in any enhancement in the salary. Said posts relate only to
the administration of the Bar Council.
1.5. The terms defined
herein shall, wherever the context so permits, have the same meaning as is
assigned to them under the Act.
CHAPTER
– II
MEETINGS
2.1. The first meeting
of the Bar Council shall be held within a month of the commencement of the term
of the Bar Council.
2.2. Ordinary
meeting(s) of the Bar Council will be presided over by the Chairman and Vice
Chairman. In the absence of the Chairman/Advocate General, the Vice-Chairman
and Chairman Executive Committee will preside the meeting(s). In the absence of
above said persons, the two members voted by the members present in the house
will preside the meeting.
Provided that not more
than two months shall elapse between any two meetings of the Bar Council.
2.3. The Secretary,
after consultation with the Vice Chairman, will suggest the date of the meeting
of the Bar Council to the Chairman, who will fix the date of meeting within ten
days positively. In the absence of the Chairman, the acting Advocate-General or
senior Additional Advocate-General may fix the date of the meeting of the
general house:
Provided that in case
of non fixation of the date of the meeting, Vice Chairman will fix the date of
the meeting.
2.4. At least ten
Members may move a requisition for a meeting to the Secretary. On receiving
said requisition, Secretary shall forward it to the Chairman and Vice Chairman,
forthwith. The Chairman, and in his absence, the Vice-Chairman shall convene
the meeting of the Bar Council requisitioned by at least ten Members within
seven days of the requisition, but in case of emergency the requisitioned
meeting shall be convened within three days. In case the requisitioned meeting
is not convened within the prescribed time, any two of the requisitions may
convene the requisitioned meeting and all expenses incurred in that behalf
shall be borne by the Bar Council.
2.5. Notice required for a meeting of the Bar
Council shall be of eight days. The agenda for the meeting shall be served
eight days before the meetings of the Bar Council.
Provided that in case of emergency or any urgency, notice for a shorter
period and information through telephone, SMS, Whatsapp message, E-mail etc
will be sufficient.
2.6. Quorum for a meeting of the Bar Council shall be one-third of the
total number of members of the Bar Council.
Provided that where a meeting of the Bar Council cannot be held for want
of quorum, it shall stand adjourned to the next date, which is not later than
seven days of the meeting. The Chairman or Vice Chairman or members presiding
the chair at that time, while adjourning the meeting, will fix the next date of
meeting at the same occasion.
2.7. Business at a meeting shall be transacted in accordance with the
agenda issued:
Secretary with the consultation of the Vice Chairman and Chairman
Executive Committee shall prepare and manage the agenda. The decisions of the
Committee and the requisitions forwarded by a Committee will be placed after
the minutes of the previous general house.
Provided that any deferred issue shall be placed in the agenda of the
next meeting.
Provided further that any other business may, with the permission of the
Chair of the meeting, be considered.
Provided further that if the majority of the members present agree, any
matter may be considered.
Provided further that, after fixation of the date of the general house
or issuance of the agenda of the meeting of the Bar Council, Secretary shall
receive the decision of any Committee or requisition moved by any member, and
thereafter may place it in the supplementary agenda of the meeting of the
general house with prior approval of the Vice Chairman. The said supplementary
agenda will be delivered to the members. In case of short time or any urgency,
said supplementary agenda will be delivered before the start of the meeting of
the Bar Council.
2.8. Notice for a Committee
meeting along with agenda shall be served before three days by the Secretary. A
meeting of a Committee shall be presided over by the Chairman of the Committee
or in his absence, by a member voted to the Chair by the members present.
2.9. Quorum for the meeting of Executive Committee shall be Chairman
along with three members, while for other Committees, minimum three members.
2.10. Decisions of any meeting shall be by a majority vote. Voting shall
be by show of hands. In the case of equality of votes, the Chairman of the
meetings shall be entitled to a casting vote.
2.11. Notices shall be served
either personally or through registered post/courier service, SMS, E-mail or
Whatsapp message or by such other methods, including, inter alia, all
modern means as the Bar Council may determine.
2.12. All proceedings of a meeting
shall be entered in the Minutes Book to be maintained by the Secretary, and the
record of such proceedings shall be prepared under the directions of the
Chairman of the meeting, and shall be signed by him and shall be put up for
confirmation at the next ensuing meeting. All members of the Bar Council or the
Committee, as the case may be, shall be entitled to inspect the Minutes Book, subject
to any reasonable notice to the Secretary.
2.13. Any matter determined or decided by a
resolution of the Bar Council shall not be re-opened within three months of the
date of the resolution, unless two-third of the total number of members make a
requisition in writing to that effect.
CHAPTER
- III
CHAIRMAN,
VICE-CHAIRMAN AND SECRETARY
3.1. The Chairman
shall be responsible for ensuring the compliance with the provisions of the Act
and these Rules. The Chairman shall exercise such powers and perform such
functions, as assigned to him under the Act and these Rules.
3.2. 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, or is absent. The Vice-Chairman shall be the ex-officio member of every Committee
constituted under Rule 4.2 and shall be responsible for coordinating the
functioning of all Committees.
3.3. There shall be a Secretary of the Bar
Council appointed by the Bar Council. In case of emergency, the Chairman with
the consultation of the Vice Chairman, may nominate Additional Secretary or
Assistant Secretary, to discharge the functions of the Secretary till the next
meeting of the Bar Council when the matter will be placed before it. If seat of
the Secretary is vacant, the Bar Council shall appoint the Secretary within
three months positively.
3.4. Subject to the
provisions of the Act and these Rules, the Secretary shall, under the
supervisory control of the Executive Committee, exercise such powers and such
functions as may be entrusted to him by the Bar Council.
3.5. Notices of the meetings of the Bar Council
and of its Committees shall be issued by the Secretary.
3.6. The Secretary
will convene a meeting with the Additional Secretary, Assistant Secretary,
Section Officers, Editor of PLJ, and other senior officials of the Bar Council,
prior to the general house. All the administrative and working issues shall be
discussed and Secretary will forward a comprehensive report regarding all the
administrative and working issues to the Vice Chairman and Chairman Executive
Committee, and if they think fit, put it in the agenda of the Bar Council
meeting.
CHAPTER - IV
COMMITTEES
4.1. Any Committee
constituted by the Bar Council under Section 10 of the Act, shall not comprise
of more than five members, including the Chairman of the Committee, except the
Executive Committee which will comprise of Chairman and five members.
4.2. The Bar Council
shall, inter alia, constitute the following Committees:--
1. Anti-Corruption Committee
2. Benevolent Fund Committee
3. Finance Committee
4. Human Rights Committee
5. Inter Provincial Bar Councils and Foreign
Affairs Committee.
6. Land Acquisition Committee
7. Legal Education Committee
8. PLJ Committee
9. Rules Committee
10. Free Legal Aid Committee
11. Publication Committee
12. Seminar & Symposium Committee
13. Jail Reforms Committee.
14. Lawyers’ Welfare Committee.
15. Information Technology
Committee.
4.3.The Chairman of every Committee constituted under Rules 4.2 shall,
unless elected by the Bar Council, be elected by the members of the respective
Committee.
4.4. The term of every Committee constituted under section 10 of the Act
and the Rule 4.2, shall be one year. (till 31st January of current
year).
4.5. Meetings of a Committee may be convened by the Chairman of the
Committee, or on requisition by two members of the Committee.
4.6. The business of a Committee shall be transacted in a meeting of the
Committee; Provided that where it is expedient to transact business by
circulation, they may obtain the views of the members of the Committee by
circulation and make a decision accordingly. A decision so taken shall be
deemed to have the same force as if taken in a meeting of the Committee in case
the views of the members are unanimous.
4.7. A Committee shall have power to regulate its own method or
procedure of meetings and matters incidental thereto.
4.8. Unless otherwise directed by the Bar Council, every Committee shall
submit reports of its proceedings to the Bar Council in the following manners:
(a) a comprehensive and clear
enunciation of the question considered by the Committee shall be set out;
(b) as far as reasonably
practicable, specific issues should be
dealt with separately and arguments for and against each proposal should be set
out;
(c) a detailed statement should be set out of
the date upon which the Committee has applied its mind and the conclusion
arrived at as a result of such consideration, and further wherever opinions of
Bar Associations or any other person have been elicited, the substance or the
opinion and the analysis thereof;
(d) a resolution setting for the
recommendations which the Committee adopts shall be forwarded with the report;
(e) the opinion of the Committee can be
dissented from any member of the Committee and he may append a note of dissent
which shall form part of the report.
4.9. Every Committee constituted under section 10
of the Act and Rule 4.2, shall present to the Bar Council before the end of
every quarter a report of its working for approval.
4.10. The Bar Council
may assume to itself the functions and powers of any such Committee that either
fails to present a quarterly report or is not, in the opinion of the majority
of the Bar Council, discharging its functions, whereafter a new Committee shall
be constituted by the Bar Council.
4.11. Subject to the supervision and general control
of the Bar Council, the Executive Committee shall, in addition to the functions
entrusted to it under the Act and the Rules, have the following functions and
power:
(a) To supervise and deal with
all matters regarding administration of the Bar Council;
(b) To recommend to the Bar
Council the qualifications, terms and conditions of the staff of the Bar
Council;
(c) Subject to the approval of
the Bar Council at its next ensuing meeting, to appoint, suspend, remove and
dismiss the staff of the Bar Council:
Provided that no
appointment or dismissal in relation to a person drawing salary above Rs.
25000/- per mensem shall be made by the Executive Committee without prior
approval of the Bar Council:
Provided further
that in case of emergency, Vice Chairman and Chairman of the Executive
Committee may exercise these powers, which shall be placed before the next meeting
of the Bar Council for approval;
(d) To implement the decisions
of the Bar Council;
(e) To receive and in
consultation with the Vice-Chairman and the members of the District concerned,
deal with the representations and complaints of Advocates and resolutions of
the Bar Associations in relation to the Courts and Executive. The action taken
under this clause shall be laid before the Bar Council at its next meeting;
(f) In
consultation with the Vice-Chairman and member of the District concerned to
mediate disputes between Advocates inter
se, between the Advocates and the Bar Association or between the Bar
Associations inter se;
(g) To
constitute sub-committee and to entrust such of its functions thereto as may be
necessary, after approval of the Bar Council;
(h) To
advise the Bar Council in all matters relating to its functions;
(i) To
institute and defend suits and other proceedings on behalf of the Bar Council
and for this purpose to appoint Advocates, agents and to authorize any person
to sign and verify the pleadings and to appear and act on behalf of the Bar
Council:
Provided
that the fee payable to the Advocate for such services shall be settled after
prior consultation with the Chairman or Vice-Chairman. The information in
regard to this matter will be laid before the Bar Council in its next meeting;
and
(j) To perform such functions
as the Bar Council may entrust to it.
(k) To
get verified, inter alia, all the records, degrees, certificates of the
advocate, whose name was already on the roll of the Bar Council.
(l) To
trace and verify all missing files of an advocate. Executive Committee may
frame the policy in this regard or put the proposal to the Bar Council for
policy decision or for making Rules in this regard.
(m) To
convene the meetings in the last week of the month of June and October of a
year, regarding the examination of service files, the promotion matters or any
allied matters, of the employees of the Bar Council.
4.12. Notwithstanding anything contained in a decision, if any, of a
Committee, all publications, diaries and books published on behalf of the Bar
Council shall be the exclusive property of Bar Council,
4.13. PLJ Committee is authorized to issue
directions to PLJ section to deliver any complementary new books (maximum five
books), to all members Bar Council (without any discrimination), and two new
books for every Bar Associations (High Court Bar Associations, District Bar
Associations and Tehsil Bar Associations) in the Province of the Punjab.
However, the members of PLJ Committee will get ten books. Bar council will pay
the printing costs of the complementary books of the members and Bar
Associations.
4.14. Publication Committee will give two new
diaries to all members Bar Council. However, the members of Publication Committee
will get ten diaries. Bar council will pay the printing costs of the
complementary diaries of the members.
4.15. Bar council is empowered to allow distribution of complimentary copies of
books, diaries etc., where it finds it necessary or proper to deliver.
4.16. Executive Committee of
the Bar Council will take up all the matters relating to forged documents,
certificate and affidavit, and the person who is not an advocate but poses,
shows or portrays himself as an advocate.
4.17. All applications, references
or complaints etc., against any person posing or purporting to be an advocate,
or purporting to hold a law degree, or is alleged to be a ‘fake advocate’,
shall be made to the Secretary, which shall be forwarded to the Executive
Committee.
4.18. For removal of doubt, it is declared that the cases of forgery or submitting forged documents, at the time of
filing the intimation form/file, lower court and high court enrollment files or
at any stage or any proceedings before the Bar council or any Committee of Bar
Council, falls under the jurisdiction of the Executive Committee.
4.19. Executive Committee shall, after verification of the record of the
Bar Council, issue the notice to the concerned person for appearance and
written reply, and thereafter hold an inquiry, regarding the allegations.
Executive Committee will exercise all the powers under the Act and the Rules,
during the inquiry proceedings. Executive Committee may call for a report or
record from any government, semi government or autonomous body, authority, or
educational institute during such proceedings.
4.20. If after inquiry, it is
found that the respondent submitted forged, fake or invalid documents,
certificate or affidavit, before the Bar Council, he is liable to be prosecuted
as per Act, Rules and other available remedies under law, including, inter alia, the registration of a criminal case under section 154 of Cr.P.C.
4.21. Any person who is not
enrolled as an advocate on the roll of the Bar Council, and poses/ shows
himself/herself as an advocate at any forum or in the public at large as well
as on print media, electronic media, social media, whatsapp etc may be
prosecuted, after inquiry, under section 58 of the Legal Practitioners
& Bar Councils Act, including, inter alia, the registration of a criminal case under section 154 of Cr.P.C.
4.22. Any person or applicant who submits forged
document, undertaking, certificate or affidavit before the Bar Council or any
Committee of Bar Council, shall also be prosecuted under, inter alia, the relevant provisions of Pakistan Penal Code, 1860.
4.23. If the Executive Committee found that the
allegations made in the complaint/application are proceedable, then notices be
issued to the respondent through registered post A.D., SMS, Whatsapp message,
courier service or any other electronic means for the attendance of the
respondent/advocate, in no later than fifteen days.
4.24. The applicant
will mention the details of himself as well as the advocate/respondent as
mentioned below:
a. Name
b. Father’s name
c. C.N.I.C. No.
d. Address
e. Mobile No.
f. E.Mail account.
g. Whatsapp No.
4.25. Executive Committee will complete its
proceedings within shortest possible time, but not later than four months
positively.
4.26. Every offence
under the Act, the Pakistan Legal Practitioners & Bar Councils Rules, 1976,
these Rules or under, inter alia, the provisions of Pakistan Penal Code,
1860, will ordinarily be investigated, inquired and tried by a court within the
local limits of whose jurisdiction, the office of the Punjab Bar Council
(Lahore) is situated or where any such offence has been committed.
Provided that when a
person is accused of the commission of any offence under the Legal
Practitioners & Bar Councils Act, 1973, Pakistan Legal Practitioners &
Bar Councils Rules, 1976, Punjab Legal Practitioners & Bar Council Rules,
2023 and Pakistan Penal Code, 1860, by reason of anything which has been
committed, and of any consequences which has ensued, such offence may be
investigated, inquired into or tried by a Court within the local limits whose
jurisdiction any such offence has been committed, or any such consequence has
ensued.
4.27. No person except
the advocate enrolled on the roll of Pakistan Bar Council and Punjab Bar
Council as advocate, will wear the dress, uniform of the advocates. If any
person including employees of any hotel/restaurant or any commercial
establishments will wear the specified uniform of the advocates, he/she is
liable to be prosecuted under the offence of cheating by impersonation defined under
section 419, PPC.
CHAPTER–V
ENROLLMENT OF ADVOCATES
5.1. (1) Every apprentice shall, before being admitted as an advocate,
take training regularly for a continuous period of six months as a trainee in
the Chamber of an advocate, who has been pleader or an advocate, and has been,
for a period of not less than 10 years practicing.
(2) A trainee may take training with more than one advocate, for a total
period of six months which are substantially continuous.
(3) Every apprentice shall submit his intimation to the Punjab Bar
Council through on-line methods as stipulated by the Punjab Bar Council, in
prescribed form “A” after passing the LL.B. final examination. Form “A” is
prescribed in the schedule.
(4) Intimation signed by the advocate/trainee, about joining such
advocate should also be sent to the Secretary, within one month of the
commencement of training. In case, the intimation is not received within one
month of the commencement of training, the training shall run from the date of
receipt of intimation in the Bar Council, in the manner stipulated hereinabove.
(5) No advocate/senior shall take more than five trainees at a time and in case he has more than five trainees at any particular time,
then the first five in the order
in which they were taken, shall be regarded as trainees, under these Rules.
(6) No person shall be
eligible to submit intimation form, if he/she is doing salary job in government
or semi-government or corporation or autonomous body or private organization or
private school etc or doing business, or carrying on any vocation.
(7) In case of
non-availability of the senior (due to death or any other unavoidable
circumstances) mentioned in the intimation form by the apprentice, the
affidavit of any senior advocate, having ten years standing is compulsory.
However, in case of change of senior, fresh intimation form with the name of
second/new senior be submitted in the office of the Bar Council, the period
shall run from the date of receipt of intimation in the Bar Council.
(8) An applicant/trainee,
who gives a false affidavit/certificate on his/her behalf, will be prosecuted
as per provisions of Act and Rules.
(9) Applicant shall
only be entitled for enrollment, after having passed LL.B. degree or equivalent
education as decided by the Pakistan Bar Council and Higher Education
Commission, has passed Law-GAT Test, completed his six months period of
intimation, and has Completed two weeks Bar Vocational Course.
(10) If any applicant, who has passed LL.B. Degree from any foreign
university recognized by Pakistan Bar Council and Higher Education Commission,
shall also undertake and pass the special equivalence examination (See-Law).
(11) At the time of submission
of Intimation form, in addition to the prescribed intimation fee, the
applicant/candidate will also apply to Higher Education Commission for Law GAT
Test and See-Law, as applicable.
(12) After submission of
intimation form, the applicant/trainee will have to complete two weeks Bar
Vocational Course.
(13) The Law GAT & (See-Law)
Test will be conducted by the Higher Education Commission or as per prescribed
Rules framed by the Pakistan Bar Council or Punjab Bar Council.
(14) The applicant (only for Muslim) will also submit an affidavit
stating the end of the Prophethood of the “Hazrat Muhammad” (PBUH).
5.2. (1) Any person
qualified for admission as an Advocate under Section 26 of the Act may make an
application in Form ‘B’ to the Bar Council, if he proposes to practice
generally within the jurisdiction of the Bar Council. All such applications
shall be placed before an Enrollment Committee of Punjab Bar Council through
online. Form ‘B’ is prescribed in the schedule.
5.3. (1) The applicant
will submit the Form “B” in the Bar Council. Application/Form ‘B’ for admission
as an advocate lower court will be accompanied by:
(a) Satisfactory evidence of the applicant’s
name, father/husband names, date of birth (as per mentioned in Matric/O-Level),
Place of Birth/Station, Nationality of applicant, CNIC #, Home Address, Postal
Address, E-mail Address, Contact Cell Number;
(b) Satisfactory evidence of academic
qualifications, Law-GAT and in case of foreign degree, result card of Special
Equivalence Examination (SEE-LAW);
(c) Two testimonials/certificate from
Advocates in good position, as to the character and conduct of the applicant;
(d) Applicant also undertake that he will
become member of a Bar Association (mention name of the Bar Association) in
Punjab, within six months after his enrolment;
(e) Applicant will also submit a list of at
least twenty cases in which he rendered assistance to his senior duly signed by
him and the senior must give details regarding his practicing licence, length
of practice and also give the details of the court, title of the case and
details of the proceedings of said twenty cases through Form “C”.
(f) Applicant will also annex six passport
size photographs in professional dress (with white background);
(g) Applicant will also sworn an affidavit,
stating truly and accurately, that no criminal proceedings or proceedings for professional
misconduct were ever instituted against him any court of law. If any, then
details and the final order/judgment be given;
(h) Applicant will sworn an affidavit
explaining the reasons of gap, if any, in between examinations and training
after passing the LL.B. Examination;
(i) If the applicant seeks exemption from
training, then the applicant will give the details regarding the exemption as
per required under Rule 5.4 mentioned in Form ‘D’ separately.
(j) Applicant will submit enrollment fee according
to prescribed fee schedule approved by the Punjab Bar Council;
(k) If the applicant was a salaried person or
engaged in any business, service, profession or vocation in Pakistan before
submitting the intimation, the applicant shall state the nature thereof and the
place at which he was working. However in case of dismissal or removal or
compulsory retirement, he is not entitled for enrollment.
If the applicant is a salaried person
or engaged in any business, service, profession or vocation in Pakistan, he is
not entitled for enrollment.
(l) Proposes his place of practice;
(m) Applicant has not been declared insolvent;
(n) In case, applicant was
enrolled as an advocate on the roll of any other Bar Council, he will submit
prescribed permission form concerned Bar Council. In case of rejection of the
enrollment application of the applicant, then the complete record for the
concerned Bar Council be called for and then decide the application for
enrollment as per Act and Rules.
(o) If the applicant has been
convicted of any criminal offence and his conviction and sentence remained in
force, he is not entitled for enrollment;
(p) If the application of the
applicant for enrolment has previously been rejected through a speaking order
from the Bar Council, he cannot submit second application for enrollment;
(q) Applicant will sworn an
affidavit regarding,--
(1) That he is neither engaged
in any Business/Service/ Profession/ Vocation anywhere at present nor was so
engaged during the period of apprenticeship;
(2) That all the contents of
the Form “B” (and if submit Form “C”) are correct;
(3) That anything concealed or
wrongly mentioned, his/her licence will be cancelled and legal action be taken
against him/her.
(r) An affidavit (only for
Muslims) stating the end of the Prophethood of the “Hazrat Muhammad” (PBUH);
(s) The advocate will give an
undertaking regarding the trainee/applicant that he is not in any salaried job
or government job or semi government job, or in any autonomous body or in any
private job or public / private job or in any business or profession. In case,
it transpires that the senior/advocate, who gave wrong/false undertaking,
regarding the trainee/ applicant, then, he will be prosecuted under the
professional misconduct.
5.4. The following persons will be exempted from training:
(1) Applicants who have
qualified LL.B. and LL.M. degree from any university in Pakistan or a
University recognized under Section 26(1)(c)(iii) of the Act, or a degree or
diploma which is declared by the Pakistan Bar Council to be equivalent to that
degree subject to passing Law-GAT, SEE-Law as per required by law and two weeks
Bar Vocational Course.
(2) Applicants who have at least five years
experience in a judicial service of Pakistan.
Provided that
judicial services includes district magistrate or civil judge or Assistant
Session Judge or Additional Session Judge and Session Judge working under the
High Courts in Pakistan, who had not enrolled as an advocate on the roll of the
Punjab Bar Council or any other provincial Bar Council in Pakistan.
(3) Applicants, who after
having been called to the Bar in England or any Foreign Country have completed
full one year training with a senior counsel in England or any Foreign Country
which training thereafter entitles them to appear independently in Courts in
England or any Foreign Country.
(4) Applicants, who after
having been enrolled as practicing lawyers in any place not within Pakistan,
have to the satisfaction of the Enrollment Committee of the Bar Council
concerned, practiced there for full one year:
Provided that
the Enrollment Committee of the Bar Council will verify the record from the
concerned Bar Council.
(5) The applicant who seek
exemption, their files must be put up before the enrollment Committee, headed
by the judge of the High Court (Chairman of Enrollment Committee), after
verification of the record, and viva voce, may grant the exemption.
5.5. The applicant will submit his/her application for enrollment as an
advocate High Court through on-line, in prescribed form “E”. Form “E” is
prescribed in the schedule. The applicant will also submit the form “E” in the Bar Council. The
application/form also accompanied by:
(a) Satisfactory evidence of
the applicant’s name, father/husband names, date of birth (as per mention in
Matric/O-Level), Place of Birth/Station, Nationality of applicant, CNIC #, Home
Address, Postal Address, E-mail Address, Contact Cell Number;
(b) Qualification &
duration of practice of two years as an Advocate Lower Court, while mentioning:
Date of enrollment as he
has practiced as an Advocate, Vakil or Pleader before subordinate courts in
Pakistan for a period of not less than two years.
(c) Applicant also submit:
i) Three Photographs in Professional dress.
ii) Character/Fitness
certificates from two lawyers on their letter pads eligible to practice in the
High Court.
iii) Photocopy of renewed
licence of current year.
d) Applicant also sworn an
affidavit regarding no criminal proceeding or proceeding of professional
misconduct are pending in any Court of Law or misconduct tribunal.
e) Applicant also attach a
list of 20 cases, conducted by the applicant in lower courts.
f) Applicant also deposit
the required fee as prescribed by the Punjab Bar Council;
(g) Applicant sworn an
affidavit as to the duration of practice?
(h) If the applicant, seek
exemption under Section 27 of the Act or the applicant on the basis of their
education higher then LL.B. i.e LL.M. and Bar-at-Law, are entitled to be
considered for exemption, he will submit Form “F”. Form ‘F’ is prescribed in the schedule.
(i) If the applicant seek
exemption, being as Civil Judge, Judicial Magistrate, Assistant Session Judge,
Additional Session Judge and Session Judge for two years practice/period, he
would be deemed to have 5-years’ experience in Judicial Service. Said
experience certificate be attached, which will be attested by the concerned
authorities.
(j) In case of exemption, the
applicant will submitted prescribed fee in Bar Council.
Provided that if
the applicant who seek exemption, their files must be put up before the
enrollment Committee, headed by the judge of the High Court (Chairman of
enrollment Committee), after verification of the record, and viva voce, may
grant the exemption.
(k) Applicant has paid all
outstanding renewal fees and arrears of Bar Council.
(l) Applicant proposes to
practice generally within the prescribed jurisdiction.
(m) Applicant has not been declared insolvent.
(n) Applicant has not been dismissed or
removed from service or compulsory retired from government service or of a
public statutory corporation etc,
(o) Applicant has not been convicted of any
offence. If concealment proved, license be cancelled.
(p) If the applicant is enrolled as an
Advocate on the roll of any other Provincial Bar Council, complete documents
will be provided.
(q) If any other Bar Council
has previously rejected the application of the applicant for enrolment, through
a speaking order, he is not entitled for enrollment.
(r) Applicant also sworn an
affidavit regarding,--
(1) That he is neither engaged
in any Business/ Service/Profession/ Vocation in Pakistan.
(2) That no professional
misconduct proceedings is pending against him
(3) That all the contents of
the Form “E” (and if submit Form “F”) are correct.
(4) That anything concealed or
wrongly mentioned, his/her licence will be cancelled and legal action be taken
against him/her.
(s) An affidavit (only for
Muslims) stating the end of the Prophethood of the “Hazrat Muhammad” (PBUH).
5.6. Applicant for enrollment as an advocate will pay the prescribed
fees of benevolent fund and lawyer’s benefit scheme.
5.7. The advocate for enrollment as an advocate High Court will pay the
prescribed fees of lawyer’s benefit scheme.
5.8. Secretary will receive the enrollment file for enrollment of an applicant/advocate,
examine it, and forward the file to the examination Committee of Punjab Bar
Council for viva voce examination under the supervision of the enrollment
Committee in the following subjects:
(i) Code of Civil Procedure,
1908
(ii) Code of Criminal
Procedure, 1898
(iii) The Limitation Act, 1908
(iv) the Constitution of the
Islamic Republic of Pakistan, 1973
(v) The Legal Practitioners & Bar Councils
Act, 1973, and the Rules framed thereunder;
(vi) Canons of Professional Conduct and
Etiquette of Advocates as framed by the Pakistan Bar Council Rules, 1976 in
Chapter XII.
(vii) Court Fees Act, 1870 and Suits Valuation
Act; and
(viii) the Qanun-e-Shahadat Order, 1984
(ix) Pakistan Penal Code, 1860
(x) The Specific Relief Act, 1877
5.9. Application for
admission under Section 27, clause (c) of the Act 1973, shall be forwarded to
the High Court and after approval therefrom shall be dealt with in accordance
with the procedure herein provided for enrollment of Advocates.
5.10. Secretary shall
before forwarding the application to the Enrollment Committee ensure that the
applicant is qualified and not disqualified in terms of Sections 26 and 27 of
the Act and the rules framed thereunder, or these Rules, and the Enrollment
Committee shall, before granting the application, ensure that the applicant has
undergone such training and passed such test/examination as may be prescribed.
5.11. The Enrollment
Committee may, before it passes an order granting the application or returning
it to the Bar Council, make such summary enquiry as it thinks fit.
5.12. The Enrollment
Committee shall dispose of the application within six weeks of the receipts of
the application by it.
5.13. Where the Enrollment Committee of Bar Council
grants the application of an advocate, a certificate of enrollment shall be
issued to the applicant in the prescribed Form “G” mentioning the individual
licence number, permitted to practice before any court or tribunal in the
province of Punjab, except the High Court and Supreme Court of Pakistan. Form
“G” is prescribed in the schedule.
5.14. Secretary shall
issue a receipt for payment of annual fee for renewed Licence / Card in Form
“H” to every Advocate paying annual prescribed fee by the Punjab Bar Council.
5.15. Where the Enrollment Committee of Bar Council
grants the application of an advocate High court, a Certificate of Enrollment
shall be issued to the applicant in the prescribed form “I” mentioning the individual licence number, permitted to practice
before any court or tribunal in Pakistan, except the Supreme Court of Pakistan.
Form “I” is prescribed in the
schedule.
5.16. In case of loss
or any other reason, advocate need a copy of certificate, then Bar Council will
issue the duplicate copy of certificate, mentioning the original licence number,
subject to deposit the prescribed fee.
5.17. Where the Enrollment Committee returns an
application under section 31 of the Act, the same shall be considered and
disposed of by the Bar Council and its decision shall forthwith be communicated
to the applicant.
5.18. The Enrollment
Committee may refuse to enroll a person otherwise qualified, on the grounds of
his removal from the rolls of Advocates or legal practitioners anywhere, or the
pendency of criminal proceedings or proceedings for professional misconduct
against him anywhere or on any other sufficient and reasonable ground.
5.19. An Advocate on
the roll of one Provincial Bar Council, may apply for being placed on the roll
of the Punjab Bar Council, subject to the payment of prescribed fee and furnishing
of No-Objection Certificate from the said Bar Council:
Provided that a note
shall be made against his name on the roll of the Punjab Bar Council that he is
already on the roll of another Bar Council.
5.20. Punjab Bar
Council may issue a standing certificate to the advocate in the prescribed form
“J”, permitted to practice before any court or tribunal in the province of
Punjab, except the High Court and Supreme Court of Pakistan. Form “J” is prescribed in the schedule.
5.21. Punjab Bar
Council may issue a standing certificate to the advocate high court in the
prescribed form “K”, permitted to practice before any court or tribunal in
Pakistan, except the Supreme Court of Pakistan. Form “K” is prescribed in the schedule.
5.22. Every practicing
advocate must possess, at all times, the identity card issued by the Punjab Bar
Council.
5.23. There shall be
two types of Identity Cards of different colours for advocates of the Lower
Courts and High Courts.
5.24. Every Advocate
of the lower court will be issued identity card annually showing thereon the
period of expiry of renewed licence, or shall be issued identity card as a
miniature of his renewed licence with photograph affixed thereon.
5.25. The identity
card to be issued to the Advocate of the lower court shall have the following
particulars:-
1. Registration / Licence Number.
2. Ledger No. (L.C.) on renewal card.
3. Name.
4. Father’s/Husband’s Name.
5. Date of Birth.
6. Date of enrolment.
7. Ordinary place of business.
8. Signature of the Advocate.
9. Photograph.
10. Valid upto 31st December of the ensuing
year.
11. CNIC No.
12. Address.
13. Cell number.
14. Bar Code, or
The miniature of the
following licence with photograph to be dispatched to Advocate through VPP
I, ________,
Secretary, do hereby certify that Mr. ____________ s/o, d/o, w/o ______________
resident of __________ enrolled on ________ has paid the Annual Fee for the
year ________ and is entitled to practice during the year ________ in the
courts subordinate to the Lahore High Court.
By Order of the Bar Council Secretary.
5. 26. Every Advocate
of the High Court will be issued a permanent identity card by the Punjab Bar
Council.
5.27. The identity
card to be issued to the Advocate of the High Court shall bear the following
particulars:-
1. Registration/Licence Number.
2. Name.
3. Father’s/Husband’s Name.
4. Date of Birth.
5. Date of enrolment as an advocate of lower
court and the high court.
6. Ordinary place of business.
7. Signature of the Advocate.
8. Photograph.
9. Signature of the issuing authority-Secretary
and Chairman Executive Committee.
10. CNIC No.
11. Address.
12. Cell number.
13. Bar Code.
14. B.F. No.
5.28. Every practicing lawyer whose name is appearing on the roll of the
Advocates maintained by the Punjab Bar Council, shall be allotted registration
number.
5.29. Every advocate who has deposited the prescribed benevolent fund
fee, shall be allotted an individual benevolent fund number.
5.30. Every practicing lawyer throughout the province shall obtain the
identity card duly signed by the person/persons so authorized by the Bar
Council on a payment of prescribed fee.
5.31. That no identity card shall be issued to any lawyer, unless he has
cleared the Benevolent Fund dues and annual fees due, or other dues, under the
Act, or these Rules.
5.32. Every practicing lawyer throughout the Province of Punjab shall
apply to obtain identity card within 90 days from the date of enforcement of
this scheme:
Provided that if an advocate fails to obtain his identity card within
the time prescribed, his name shall be struck off the roll of Advocates after
giving him a reasonable opportunity of being heard on a notice under section 34
of the Act.
5.33. All Advocates
shall quote/print their registration number, so allotted, on his letter-pads as
well as on vakalatnamas.
5.34. Every lawyer,
while exercising his right of vote in election of the Bar Council / Bar
Association shall produce, on demand, his identity card issued by the Bar
Council along with CNIC. The Presiding Officers shall refuse his participation
in the election on non-production of the same.
5.35. That the
election board constituted under Art. 46 of the Memorandum of Association, 1981
shall enter the registered No. of the eligible voter and shall obtain his
signatures on the counterfoil or the eligible voters list.
5.36. An Advocate who
fails to pay the annual fee or any other fee or contribution provided by the
Rules by the 31st of December of the preceded year shall pay prescribed late
fee.
5.37. A person who had been enrolled as a pleader by the High Court
before coming into force of the Act irrespective of whether he was not entitled
to appear before a court at the time when the Act came into force, shall be
entitled to be enrolled as an Advocate on payment of a fee prescribed fee out
of which prescribed fee shall be enrolment fee and prescribed fee annual fee
which will be enable him to practice till the 31st of December of the year in
which he deposits the fee.
5.38. An Advocate shall apply that his licence be suspended because he
intends to discontinue his practice in order to carry on business or to join
some other profession or vocation and he shall apply also for termination of
such suspension. An advocate shall apply that his name be altogether removed
from the rolls.
5.39. The Enrolment Committee may suspend the licence of an advocate
where it is established after due notice to the Advocate concerned that the
Advocate has entered in government employment, or in service of Pakistan, or
any other employment, business, vocation or profession.
Provided that he may apply for restoration of his practicing licence and
his name on the roll of the Bar Council as an Advocate, if he disassociates
himself from such employment, business, vocation or profession. He shall
provide an affidavit that he has not incurred any disqualification under the
Act, the rules framed thereunder, or these Rules, for enrollment as an advocate
during the period.
Provided further that if he fails to seek such suspension within one
month of such engagement or employment in such other profession or service, he
shall be guilty of professional misconduct.
Provided further that if any advocate was already in any other
employment, business, vocation or profession, and by concealing such facts,
sworn false affidavit or undertaking etc, for enrollment, he will be prosecuted
under the Act, Rules thereunder and, inter alia, Pakistan Penal Code,
1860.
5.40. All disputes relating to seniority as an Advocate shall be
determined by the Enrolment Committee. In cases the contestants are not entered
in the roll in the correct order, amendment in the roll will be made giving
effect to the decision of the Enrolment Committee by pasting correction slips
in the roll.
5.41. All additions, alterations and corrections made in the roll shall
be communicated to the High Court within thirty days of the additions, etc.
5.42. The applicant, who applies for the enrollment as advocate on the
roll of Punjab Bar Council, if he joined service prior to registration as an
advocate, shall submit the last/final order of his termination of services. If
the applicant was dismissed, removed or compulsory retired from services, he is
not entitled for enrollment.
5.43. The applicant/advocate, who apply for the enrollment of an
advocate high court and his practicing licence was suspended from the roll of
the Punjab Bar Council as an advocate due to join services or otherwise, shall
submit his last/final order of his termination of services. If the applicant
was dismissed, removed or compulsory retired from service, he is not entitled
for enrollment.
5.44. The enrollment Committee of Punjab Bar Council, in co-ordination
with the Legal Education Committee of Punjab Bar Council, with consultation of
the Pakistan Bar Council, shall ensure the smooth process of enrollment. Bar
Council may pass directions, from time to time, in this regard.
5.45. The Legal
Education Committee will regulate the bar vocational course at district level.
The Legal Education Committee with the consultation of the Members, will
nominate the penal of senior advocates. The district & sessions judges will
nominate the penal of judges for delivering the lectures in the course. Members
may direct to the president district Bar Association to fix the date and place
of the course, with consultation of sessions judge, president and Secretary of
the Tehsil Bar Associations of concerned district. President and general
Secretary are duty bound to comply with the directions of members Bar Council
in this regard.
5.46. The Legal
Education Committee will define the syllabus of the Bar Vocational Course.
5.47. The applicant
also deposit Rs. 1,000/- for the Lawyers Welfare Fund at the time of his
enrollment as advocate lower court and advocate high court.
5.48. The advocates,
who got themselves enrolled, on the basis of forged / bogus educational
testimonials, after duly verification from the concerned boards/ universities,
be suspended by the concerned Committee and forward the case to the Bar Council
for permanent cancellation of his licence and his name be removed from the roll
of the Advocate maintained by the Bar Council.
5.49. Enrollment
Committee will conduct the interview of the retired judges, who seeks exemption
in enrollment under these Rules.
CHAPTER - VI
DISCIPLINARY
PROCEEDINGS
6.1. A complaint against an
advocate shall be filed by addressing Chairman, Vice chairman, Chairman
Disciplinary committee or the Secretary, with five copies and shall contain the
charge or charges against such Advocate. The complaint shall be accompanied by
all documents, or copies of documents that are available to the complainant;
and in case where the complaint is not by a Court or by a public servant,
acting in his official capacity, shall also be supported by an affidavit as to
facts.
6.2: The complainant shall deposit prescribed fee, fixed by the Bar
Council in the account of the Punjab Bar Council, except in case of an application, filed by
the Chairman or any Advocate appearing on his behalf, or by court of competent
jurisdiction. The receipt of payment will be annexed with the application. The
Secretary will forward the application to the disciplinary Committee.
6.3: The disciplinary Committee may peruse the contents of the
application/allegations, and if found that allegations prima facie not
proceedable, then the Committee may reject the complaint summarily.
6.4: If the Committee found that the allegations made in the
complaint/application are proceedable, then notices be issued to the respondent
through registered post A.D., courier service, SMS, Whatsapp message or any other
electronic or modern means, for the attendance of the respondent/advocate, no
later than fifteen days.
6.5: The applicant will mention the details of himself as well as the
advocate/respondent as mentioned below:
a. Name ___________________________________________
b. Father’s name ____________________________________
c. C.N.I.C. No. _____________________________________
d. Address _________________________________________
e. Mobile No. _______________________________________
f. E-mail No. _______________________________________
g. Whatsapp No. ____________________________________
6.6. That after the notice served to the respondent, the respondent
failed to appear before the Committee, and Committee is satisfied that the
notice has been served, the Committee may suspend the practicing licence of the
respondent/advocate for a period not more than fifteen days. In such situation,
the Committee may proceed ex-parte proceedings against the advocate.
6.7. If application for setting aside ex-parte proceedings is filed,
then the Committee will pass a speaking order, in the circumstances,
accordingly. The Committee may accept the application with costs or without
costs as it thinks fit. Said application will be decided within two months
positively.
Provided that the provisions of The
Limitation Act, 1908 shall, mutatis mutandis, be applicable in the
proceedings.
6.8. The practicing licence of the advocate
may be restored after submitting the application by the advocate, while showing
sufficient cause of his non appearance before the Committee, with or without
costs, on such terms and conditions as the Committee may deem fit.
6.9. After passing the ex-parte proceedings
order, the Committee may proceed further. The Committee may direct the
complainant to produce his evidence oral or documentary in support of his
complaint. The Committee may pass final order.
6.10. For the purpose of deciding whether
the complaint against an advocate is to be summarily rejected, the complainant
may prefer an appeal under section 41 of the Act within thirty days to the
tribunal. Secretary Bar Council will provide the copy within seven days after
receiving the prescribed fee.
6.11. The complaint shall be placed before
the Disciplinary Committee which may unless rejects it summarily, ask the advocate
to reply the allegations and after inquiry may refer the matter to the tribunal
if allegations found correct.
6.12. In the absence of the Secretary,
additional Secretary or assistant Secretary or section officer of disciplinary
Committee, with prior approval of the Vice Chairman, may attend the proceedings
of the tribunal.
6.13. Where a reference is made to a
Committee or Tribunal under Section 41, all the relevant documents shall be
forwarded along with the reference.
6.14. A Committee to which a reference is
made under Section 41 shall complete the proceedings before it within eight
weeks from the receipt of the same and submit its report.
6.15. Before the Tribunal, the proceedings
against an Advocate shall be conducted by the Chairman, or by an Advocate
appearing on his behalf. The complainant shall also be entitled to appear in
person, or through counsel, but the Chairman shall have a prior right to
conduct the proceedings against the Advocate, subject to any directions passed
by the Tribunal.
6.16. On receipt of a reference under
Section 41, the Chairman of the Tribunal shall fix a date for the hearing of
the case not earlier than twenty one days and not later than sixty days from
such receipt and a notice of the date fixed shall be served on the Advocate
concerned as well as the Chairman, alongwith copies of the record that has been
forwarded to the Tribunal, so as to reach the Advocate as well as Chairman not
less than fourteen days before the date fixed. Notice of the date shall be
served on the complainant in case the complaint is not by a Court or by a
public servant in his official capacity. Notice of the date should also be put
up on the Notice Board of the Bar Council.
6.17. The Advocate concerned shall be entitled to file a reply to the
allegations against him whether or not he has already filed a reply before the
Bar Council. He shall deliver such reply along with three copies to the
Secretary at least seven days before the date of hearing fixed by the Tribunal
and the Secretary shall deliver the copies to the Chairman and the complainant
at least three days before such date of hearing.
6.18. The Tribunal shall determine the matter before it on oral evidence
and on documents in accordance with the provisions, of The Qanun-e-Shahadat
Order, 1984 and the Tribunal shall follow generally and to the extent
practicable the procedure provided for the suits in the Code of Civil
Procedure, 1908, but the Tribunal shall also have power to call for or permit
affidavits and allow documents to be proved by affidavits:
Provided that the party affected by an affidavit shall have the right to
cross-examine the deponent.
6.19. The Advocate concerned shall be a competent witness on his own
behalf and shall be liable, if he appears as a witness, to be cross-examined,
but he shall not be compelled to appear as a witness.
6.20. Secretary Bar Council shall be ex-officio Secretary of the
Tribunal and shall be responsible for service of notice issued by the Tribunal
and for compliance with the Rules in this Chapter.
6.21. Misconduct: means “Wrong or improper conduct, failure to act
honestly, some degree of mens rea on the part of the person concerned.
Without prejudice to the foregoing, the following acts shall also fall
under the definition of misconduct or professional misconduct:
(i) Filing of false
certificate or document, intentionally, willfully or deliberately before the
court of competent jurisdiction or tribunal, is misconduct on the part of the
advocate.
(ii) If an advocate would act
and appear for a party which had not authorized him to appear, plead on his
behalf.
(iii) Giving false information
at the time of enrolment in Bar Council as well as in Bar Association.
(iv) Every advocate was
supposed to watch the interest of his client vigilantly, and showing any favour
or latitude to the opposite party by a counsel, would amount to professional
misconduct.
(v) When a counsel was engaged
in a lis, it is his duty to appear and conduct the case and assist the court on
behalf of his client in order to secure justice for him. Any violation in this
regard, amounts to professional misconduct.
(vi) An advocate engaged in
work of stamp vendor.
(vii) An advocate engaged in
teaching as teacher in any government, semi government, public or private
institutions.
(viii) An advocate work against
the interest of his client in any legal proceedings before any court of
competent jurisdiction or tribunal etc.
(ix) If an advocate claiming or
showing his relationship or friendship with the judge of the court or presiding
officer of any tribunal etc and received huge amount for taking decision in his
favour, it amounts to professional misconduct.
(x) Any embezzlement of the
client’s money by a counsel/Advocate, amounts to profession misconduct.
(xi) An
advocate received huge amount from complainant for providing the visas and
services abroad, amounts to professional misconduct.
(xii) Compromise/withdrawal
of suit or any legal proceedings against the interest of his client, and
without obtaining any instructions of the client, amounts to profession
misconduct.
(xiii) If
two or more advocates sharing in the same law firm/office, and appearing for
two different parties having conflict interest, amounts to misconduct.
(xiv) Client entrusted the Money/Document/ Cheque/
Pronote/Valuable security and blank paper with signature of the client,
relating to the proceedings of the suit or legal proceedings etc,
misappropriated by the advocate.
(xv) An advocate who took the flat/shop, or
premises for his office on rent, and neither paid the rent nor had vacated the
same.
(xvi) An advocate gives money to purchase/allotment
of plot/property to the advocate, and the advocate transferred said property in
his name or in the name of his dependants, spouses and children etc.
(xvii) An advocates running a private school, college
or education institute, except Law College.
(xviii) Storming /attacking building or breaking the
chamber of advocate or court room is misconduct.
(xix) The
advocate shall not aid or abet any unlicensed person to practice law, except
the applicant who filed/submit his/her intimation form, for getting license
from the Bar Council.
(xx) The advocates will always be respectful to
other lawyers, any step of misbehave or quarrel amounts to misconduct.
(xxi) An advocate shall not acquire an interest,
adverse to a client in the property or interest includes (Financial or other
interest) involved in the case.
(xxii) An advocate will not engage in that case
adverse to the first/earlier client to other party involved in that case.
(xxiii) An advocate shall not himself or in baynami
purchase any property at a probate, foreclosure or judicial sale in an auction
or proceedings, relating to which, such advocate appears for a party.
(xxiv) An advocate shall not commingle/merge/
integrate the property of client with his own use.
(xxv) An advocate will only charge his professional
fee while considering the time and labour required, his professional skill,
expertise and experience etc.
(xxvi) An advocate will maintain a respectful attitude
towards the courts. At the same time whenever there is proper ground for
complaint against a judicial officer, it is the right and duty of an advocate
to ventilate such grievance and seek redress thereof legally and to protect the
complainant and person affected.
(xxvii)
An advocate should not accept employment as an advocate in any matter upon the
merits of which he has previously acted in a judicial capacity.
(xxviii) An
advocate having once held public office or having been in the public
employment, should not, after his retirement accept employment in connection
with any matter which he has investigated or dealt with while in such office,
nor employment except in support thereof.
(xxix) No advocate will use his previous designation
or post such as “Retired Justice”, “Ex Judge”, “Retired General/colonel”, “Ex
Attorney-General”, “Ex Advocate-General” or use any ex-designation, post or
calling in any manner whatsoever, as prefix or suffix, either on letter-heads,
name plates, sign boards, visiting cards or in any form, other than him being a
Member, during the period of his practice as an Advocate, or any time
thereafter.
(xxx) An advocate shall not join or carry on any
other profession, business, service or vocation or shall not be an active
partner or a salaried official or servant in or be subject to the terms and
conditions of service of the Government, Semi-Government or autonomous body or
any other organization or institution, whether public or private.
6.22. When a tribunal or Disciplinary Committee comes
to the conclusion that complaint filed by complainant is false, frivolous or
vexatious, cost may be imposed on complainant, which may extend to one hundred
thousand rupees. Said cost may be deposited in the account of Bar Council or be
given to the advocate/respondent, as deemed appropriate by the Disciplinary
Committee.
6.23. Registers shall be
maintained with respect to the disciplinary proceedings and all the records of
the disciplinary proceedings shall be preserved till ordered to be destroyed by
the Bar Council. The result of disciplinary proceedings will be attached with
the file of the Advocate.
6.24. All parties to proceedings
shall be entitled on payment of the prescribed fee to certified copies of all
proceedings before the Bar Council or the Tribunal, or any Committee of the Bar
Council. Any other person interested may subject to the order of the Chairman
or of the Bar Council, be supplied with a certified copy of any such
proceedings as is mentioned above. The same fee shall be charged for the
certified copies as are charged by the High Court.
6.25. All applications filed in
the disciplinary proceedings by any party shall be accompanied by a payment of
Rs. 100/- except in case of an application filed by the Chairman or any Advocate appearing on his behalf.
6.26 An Advocate appearing before the Bar Council
or before a Tribunal or Committee of the Bar Council except the Chairman or an Advocate appearing on his behalf,
shall file a power of attorney along with a deposit of Rs. 100/-.
6.27. Parties to proceedings shall be entitled for
inspection of the record on payment of Rs. 100/- per file.
CHAPTER
- VII
BAR
ASSOCIATION
7.1. Every Association of Advocates ordinarily practicing at Tehsil
headquarter or sub-division shall apply to the Bar Council for the recognition
of the Bar Association. The application shall be filed by the Advocates of not
less than fifty in numbers/Advocates while mentioning their CNIC Number,
details of their practicing issued by the Bar Council, along with photograph
and prescribed fee fixed by the Bar Council:
Provided further, except as aforesaid, a body or association of
advocates using the words “Association”, “Bar”, “Council”, “Pakistan” or
“Punjab” in its name shall be illegal. Any Advocate who is or claims to be
member or office bearer of such association shall be guilty of professional
misconduct.
7.2. The application shall be
accompanied by a copy of the resolution by their accepted members of new Bar
Association, for seeking of recognition of the Bar Association:
Provided that no Bar Association shall be recognized unless it is
functioning at a place where there is a regular civil, criminal, revenue or
Regional Court.
7.3. Executive Committee of
Punjab Bar Council will entertain the application for new Bar Association. Executive
Committee after examining the record, while observing the provision of Act and
Rules, forward its complete report in next General House of the Bar Council.
The decision of the Bar Council will be the final regarding the acceptance or
rejection of the Bar Association. The decision of Executive Committee will not
take effect, unless approved by the Bar Council.
7.4. The Bar Council shall
decide the application for recognition of a Bar Association within three months
of the submission of the application and in case it fails to decide within this
period the members of that Bar Association will be regarded as members of a old recognized Bar Association till
the question of recognition of such Bar Association is decided by the Bar
Council.
7.5. Where there is an existing recognized Bar Association on the date
of coming into force of these Rules, no further application from such place for
recognition shall be entertained, but this shall not prevent the recognition of
a High Court Bar Association at a place where there is a functioning Bench of
the Lahore High Court.
7.6. Where there are more
applications than one for recognition from the same place, the Executive
Committee shall decide which applicant Bar Association shall be recognized.
7.7. Every recognized Bar
Association within two months of its recognition will complete their membership
of the Advocates/members, and forwarded the complete membership record to the
Executive Committee of the Bar Council.
7.8. Any member/advocate of Bar
Association aggrieved by an Act or omission of the Bar Association, may within
one month of such Act or omission may file an appeal to the Executive Committee
of Bar Council.
7.9. Every recognized Bar
Association must furnish to the Bar Council by 30th June of every year a list of its members entitled
to practice as Advocates and as Advocates of the High Court along with the
dates of their enrollment.
Provided that a list of office-bearers shall be furnished to the Bar
Council within a month of the annual elections.
7.10. No person shall practice as
an Advocate unless he is a member of a recognized Bar Association.
7.11. All advocates on the roll of Bar Council are the ex-officio member
of all the Bar Associations in the province of Punjab. However, they will take
the membership of the one Bar Association and will be the member/voter member
of one Bar Association, wherein his name is available on the roll of Bar
Council.
7.12. On expiry of three years, after enrolment or as the case may be
and depositing the prescribed fee, an advocate shall be eligible to file fresh
declaration after its approval by the Bar Council by 30th June of the year by
visiting the office of the Punjab Bar Council himself and furnishing a NOC from
the President of the Bar where he is/was practicing and proof of membership of
the Bar where he intends to become voter member. He shall, also change the
place of business in accordance with filing the above said fresh declaration.
Copies of such declaration shall be sent to the President of both the aforesaid
Bar Associations:
7.13. That on fulfilling the pre-requisites, an advocate, shall be
eligible to file fresh declaration after 31st August of the year, but he shall not be eligible
to exercise the right of vote under Rule 46 of memorandum of association.
7.14. That condition of three years stay
for filling fresh declaration shall not apply to the Advocates seeking transfer
of voter membership to a newly established Bar Association, but before the
issuance of the final list of voters.
7.15. That
if an Advocate wants to transfer his vote from one Bar Association to other Bar
Association, he will appear before the Executive Committee Punjab Bar Council
through an application after submission of the prescribed fee. Executive
Committee Punjab Bar Council will decide the application for transfer of vote
within one month of its filing.
7.16. That
a separate register in Punjab Bar Council be maintained and the said transfer
order will be duly verified by the Executive Committee of the Punjab Bar
Council. The applicant/advocate will surrender his earlier identity card of
Punjab Bar Council before the Executive Committee at the time of application
for transfer of vote. The new identity card of Punjab Bar Council will be
issued after depositing the prescribed fee.
7.17 Where it is reported by a Bar
Association, in writing, that any Advocate has ceased to be its member, the
name of such Advocate may, after notice to the Advocate, be struck off from the
roll unless he establishes that he continues to be a member of any other
recognized Bar Association.
7.18 It will be sufficient compliance with
the requirements of Rule 7.10 if within six months of being enrolled as an
Advocate a person applies for being admitted as a member of such Bar
Association and his application has not been dismissed.
7.19. The
applicant shall, within six months of his enrollment as an Advocate, inform the
Bar Council of the date of his application for admission as a member of such
Bar Association and shall forward a copy of the receipt of such application
duly signed by the Secretary of such Bar Association. The licence of the
Advocate who has not, without any reasonable excuse, so intimated the Bar
Council, shall stand automatically suspended:
Provided that it shall be restored on his
showing reasonable cause for the failure, by the Executive Committee of the Bar Council.
7.20. Every Advocate whose
application for admission as a member of a Bar Association has been dismissed
by the Bar Association shall have a right of appeal to the Bar Council. The appeal
shall be filed within two months of the communication to him of the order
appealed against. The appellate authority / Executive Committee of the Bar Council may, for sufficient cause,
condone the delay in the filing of the appeal, if any.
7.21. No
removal of an Advocate from the memberships of a Bar Association shall be
recognized by the Bar Council unless it
is authorized by the constitution of the Bar Association, or is for
non-payment of the dues of the Bar Association, or for misappropriation of the
funds or the property of the Bar Association or for gross misconduct.
7.22. In case the name of an Advocate is
removed from the roll of members of a Bar Association he shall have like
remedies as he would have if his application for admission as a member of Bar
Association was dismissed and the appellate authority shall have similar
powers.
CHAPTER - VIII
FIRMS OF LAWYERS
8.1. Advocate desirous of forming a firm of
lawyers or to associate with a firm of lawyers, for the practice of law in the
jurisdiction of the Bar Council shall apply to the Bar Council for the
registration of the firm or their association.
8.2. The application for registration shall
be accompanied by a deposit slip of prescribed fee of Bar Council as
Registration fee, a copy of the partnership deed and the following information:
(a) name
of firm;
(b) place
of office or office of the firm;
(c) the
names of the partners with their dates of birth, academic qualifications and
standing at the Bar;
(d) the
shares of the partners; and
(e) the
contribution to be made by each partner.
8.3. The
application shall be placed before the Bar Council which may call for such
further information as it may think necessary:
Provided that the Secretary will peruse the
file give a written report after observing all the provisions of law &
rules.
8.4. Advocates
already associated together for the purpose of practicing law, shall within
three months of the promulgation of these Rules, apply for the registration of
their firms and the provision herein contained shall apply mutatis mutandis to
such application.
8.5. All
applications for registration of the firm shall be taken up for consideration
within two months of their presentation and shall be disposed of within four
months and in case of a firm existing on the date of promulgation of these
Rules such firm may continue its business till the disposal of the application.
8.6. The
Bar Council may at any time call for such information as it may consider
necessary from a registered firm and may also, for sufficient cause to be
recorded in writing, after due notice to the firm, impose any condition on the
firm or suspend the registration of any firm. On suspension of registration,
the Advocates constituting such firm shall cease to practice as partners in the
area within the jurisdiction of the Bar Council from such date as may be
specified in the order.
8.7. Any
firm of lawyers not registered under the Act and the Rules framed thereunder in
any other province of Pakistan shall, where it is desirous of commencing or continuing
the practice of law within the jurisdiction of the Bar Council, apply for
registration to the Bar Council and the provisions herein contained shall apply
mutatis mutandis to such application.
CHAPTER – IX
9.1. Member Punjab Bar Council will be entitled
the travelling allowance of each meeting at the rate of Rs. 50/- per kilometer
from his district head quarter to the place of meeting.
Provided that in case of continuous two
days meeting of the general house, the members will be entitled only D.A. for
second day.
However, Vice Chairman can claim maximum
three travelling allowance (T.A.’s) during one week.
9.2. The distance will be decided by the
Finance Committee while observing the new distance/old distance due to the
construction of the National Highways and Motorways in every financial years.
9.3. Finance Committee will fix the
traveling allowance and daily allowance of the employees after approval of Bar
Council, who visit the other cities, to perform their work in connection with
the affairs of the Bar Council. Vice Chairman or Chairman Executive Committee
or the Chairman of the concerned Committee will allow in writing for the visit
of the employees at any out station. However, Secretary Bar Council, in their
absence, will perform the functions to allow the visit of out station in
writing.
CHAPTER-X
FINANCES
10.1. Subject to the control and
direction of the Bar Council, Finance Committee shall be responsible for
realizing all the money, dues towards the Bar Council, for the management,
administration and utilization of all the funds of Bar Council.
10.2. Finance Committee will
prepare and submit for approval of the Bar Council by 1st week of June, every
year, a budget statement of expected receipts and expenditure for the coming
financial year.
10.3. Secretary shall be
disbursing authority, but no payment shall be made out of the funds of Bar
Council; except under order of the Chairman or Vice Chairman.
Provided that no payment shall be ordered, unless it is authorized under
the Rules.
Provided further that notwithstanding the above, the Vice Chairman or
Chairman Executive Committee may sanction expenditure upto Rs. 1,00,000/- per annum.
10.4. Regular accounts of Bar Council, will be
opened and run in the scheduled bank. Bar council fund will be deposited in the
National Savings account/centre of the government of Pakistan for long and
short term fixed deposits. No fixed deposit amount, will be deposited in any
schedule/ commercial bank.
Provided that In case of non acceptance of the
fixed amount deposit etc by the national savings centre, due to any unavoidable
circumstances, then the fixed deposit in the scheduled bank be deposited, after
prior approval of the Bar Council with majority votes.
Provided further that in case of any
hardships, Vice Chairman may call an emergent meeting of the Bar Council, after
issuance of notice of ten days, with details of accounts. Vice Chairman or any
other authority or Committee, having no jurisdiction to deposit the amount in
any scheduled commercial bank.
Provided further that non availability of the
Bar Council house, due to election or any other reasons, Vice Chairman will
consult the matter with Chairman/advocate general and after consultation, will
take the decision for the short term period, till the next general house
meeting.
10.5. The Bar Council may invest
any portion of the funds of the Bar Council in the National Savings.
10.6. The Bar Council may
constitute a separate fund for any special purpose, which shall be administered
and regulated in such manner as the Bar Council may specify.
10.7. The moneys from time to time credited in
the funds of the Bar Council as mentioned below, will be applied by the
decisions of the Bar Council:-
(a) The
payment to the Pakistan Bar Council of thirty three percent of the total sum
received by it during that financial year as enrollment fee and fees for
permission to practice before the High Court;
(b) In
the payment of salaries and allowances to the staff of the Council;
(c) In
the fulfillment of any obligation and in the discharge of any duty imposed on
the Bar Council under the Act and the Rules; and
(d) In
meeting the expenditure declared by the Bar Council to be an appropriate charge
on the fund.
10.8. A
cash book shall be maintained by the Bar Council as in Form “L”.
10.9. The
receipt of all cash and cheques, received for credit to the funds of the Bar
Council, shall be entered on the receipt side of the cash book as soon as the
receipt is issued.
10.10. The
disbursement of all moneys from the fund of the Bar Council shall be entered on
the expenditure side of the Cash Book as soon as the disbursement is made.
10.11. At the end of each day, the totals
of the amounts received and spent during the day shall be worked out and the
balance struck. Balance sheet will be prepared on daily basis by the section.
Provided that regular daily/current
expenditures will be supervised by the Secretary, Chairman finance Committee
and Vice Chairman of Bar Council. Vice Chairman may call report from Finance
section officer or any section officer or employees as he deems fit and put it
before the Bar Council for necessary orders or for sanctions.
10.12. The amount remitted to the Bank each
day shall be shown in the appropriate column of the Cash Book indicating the
number and date of the deposit voucher with which the amount is thus remitted.
10.13. All entries in the Cash Book shall
be checked by the Secretary item by item with reference to the receipts and
vouchers and attested in token of check. The Cash Book shall be signed by the Secretary
daily.
10.14. At the end of each month the balance
shall be struck and the closing balance verified with reference to the Bank
Pass Book.
10.15. The total of various columns in the Cash Book shall be carried
forward into next month’s account.
10.16. At the end of each quarter, a quarterly statement of account
giving full details on income and expenditure shall be compiled and laid before
the Bar Council through Finance Committee.
10.17. At the end of each financial year, an annual account in Form “M”
shall be compiled.
10.18. The Annual account so compiled shall be audited by a chartered
accountant within the meaning of the Chartered Accountants Ordinance, 1961,
appointed by Bar Council.
10.19. The Auditor appointed under Rule 10.18 shall examine the annual
account together with the receipt and vouchers relating thereto, and shall at
all reasonable times have access to the books, accounts and other documents of
the Bar Council, and may in relation to such accounts, examine any officer or
employee of the Bar Council.
10.20. The Auditor shall report to the Bar Council upon the Annual
Accounts and in his report he shall state whether in his opinion the Annual
Account is a full and fair account containing all necessary particulars and
properly drawn up so as to exhibit a true and correct view of the finances of
the Bar Council.
10.21. Finance Committee will ensure the said
annual audit, receive the report, examine it in details and forward it before
the Bar Council in the budget session or in any subsequent Bar Council meeting.
10.22. Finance Committee will
examine the accounts of the Bar Council on quarterly basis. The minutes of the
Finance Committee will be put before the general house of the Bar Council on
regular basis.
10.23. Finance committee will furnish to each
member Bar Council, at least fifteen days, before the date of the meeting of
Bar Council, in the beginning of the financial year, a copy of the annual audit
report, balance sheet and the report of the auditor.
10.24. Finance section
will prepare a monthly salary sheet of all the employees of the Bar Council in
a specified manner i.e.
(1) Name _________________________________________
(2) Existing Post ___________________________________
(3) BPS (if any), ____________________________________
(4) Date of Birth ___________________________________
(5) Date of appointment ____________________________
(6) Allowances _____________________________________
(i) Medical allowance __________________________
(ii) Rent allowance ____________________________
(iii) C.P. FUND ________________________________
(iv) EOBI contribution __________________________
(v) Gratuity __________________________________
(7) Loan
(8) Remaining loan _________________________________
10.25. Finance Committee will manage a separate register, regarding the
salaries, gratuity and allowances etc of the employees.
Provided that in case of the employees of the PLJ section, B.F.
section, lawyer’s hostel and lawyer’s welfare fund section, the concerned
Chairman Committee, will manage the salary sheet of the employees under his
supervision, sign it and place it on the record. Separate register be also maintained
in this regard. Concerned Committee will examine the record/register on
quarterly basis.
10.26. Section officer of Finance section shall, after preparation of
said salary slips/sheet, put it before the Finance Committee on quarterly basis
and after approval of Finance Committee with majority vote, prepare the final
salary sheet of all the employees and put it before the Secretary and Vice
Chairman along with the cheque/cheques of salary of the employees for final
approval and signature on cheque/cheques. No salary will be drawn, without
adhering to this procedure. However, in case of any emergency, the Vice
Chairman may allow the salary of employees according to the last prepared
sheet. Vice Chairman and Chairman Executive Committee of Punjab Bar Council
have no authority to enhance the salaries of the employee(s), or grant
promotions, without the prior approval from the general house of Bar Council.
10.27. The new bank accounts will be opened and operated for the
employees of Bar Council, by the Secretary and the Vice Chairman jointly.
10.28. A separate account for the gratuity and C.P. Fund of the Bar
Council employee will be opened forthwith and be operated by the Vice Chairman
and the Secretary jointly.
10.29. One cheque for the monthly salary, gratuity, C.P. Fund, EOBI and
all allowances, be prepared by finance Committee, signed by the Vice Chairman
and the Secretary and said amount be transferred in the bank accounts specified
for the employees. Amount of gratuity, C.P. Fund be further transferred in the
specific account for gratuity and C.P. Fund of the employees.
10.30. No enhancement in the salary will be issued, until the specific
salary sheet is recommended by the Finance Committee and approved by the Bar
Council.
10.31. The salary of the promoted employee or
new appointment will not be issued without the recommendation of the Finance
Committee and approval of the general house of the Bar Council.
10.32. No Bar council employee is entitled
for any loan, whatever may be.
10.33. Finance Committee will examine the previous / outstanding loans files of the employees. The recovery of
said loan be scheduled as convenience of the employee, recommended by the
Finance Committee on humanitarian grounds, not more than 25 % of his total
monthly salary. In case of any emergency, the finance Committee put the case in
the Bar Council meeting with his detailed reports, for decision.
10.34. No government allowance, fund etc be
allowed/permitted for the employees, without the prior approval of the Bar
Council, as recommended by the Finance Committee.
10.35. Every employee before reaching the age
of retirement, submit his application before the Executive Committee of the Bar
Council before 6-months of his retirement date. Executive Committee will call
the detailed report from the finance department and his concerned department
through Secretary, examine it and put his report alongwith complete relevant
record to the Bar Council with all his claim/amount i.e. gratuity and C.P. fund
etc. Vice Chairman and Chairman Executive Committee will hand over the cheque
of his amount on the last date of his retirement.
10.36. Any member
Bar Council may get/receive any record of Finance Section / Committee through
Chairman Finance Committee.
CHAPTER - XI
PURCHASE OF INVENTORY
11.1. The purchase of any inventory /
articles of usage in Bar Council will be purchased by the specified manner.
11.2. For the purpose of any inventory
/articles if price of the said article having much value of more than 10,000/-
the purchase will be done, after approval from the concerned section or
concerned Committee, through calling bids in an appropriate manner as the
Committee things fit.
11.3. Finance section will receive the required articles list from the
concerned section of Bar Council in writing, put it before the Finance
Committee or concerned Committee for approval and will manage the complete
record in a separate register.
11.4. In absence of the Finance Committee, Secretary Punjab Bar Council
will perform this function.
11.5. The Committees already, having independent bank accounts will
perform the above said functions, according to the decisions of their
Committees.
11.6. Finance Committee will check the balance sheet of all the
accounts on quarterly basis and will submit complete record in writing in the
annual budget session of the Bar Council.
11.7. Bar council may call the accounts report at any time in the
general house.
CHAPTER
- XII
ANTI-CORRUPTION
PROCEEDINGS
12.1. Anti Corruption
Committee will act for effective prevention of corruption.
12.2. Anti Corruption
Committee constituted for holding inquiry and decision of the complaint
relating to the corruption of the advocated during discharging his services.
12.3. Anti Corruption
Committee will perform all the works / assignments, as entrusted by the Bar
Council.
12.4. Any advocate,
who commits corruption, will be guilty of professional misconduct and his
licence liable to be cancelled under the provisions of Act and Rules therein.
CHAPTER
– XIII
ELECTIONS
& RESIGNATION
13.1 A Member shall
vacate his seat if he:
(a) resigns his seat by delivery of his
resignation to the Secretary and the resignation shall be effective from the
time it is so delivered, or
(b) is removed from the rolls
maintained by the Bar Council and the Pakistan Bar Council.
13.2. A member who is suspended as an Advocate shall
not act as a Member during the period of his suspension but shall vacate his
seat only if his suspension is for a year or more or covers the whole of his
remaining term as a member.
13.3. A member of a
Committee or a Chairman of a Committee constituted under Section 10 of the Act
shall cease to be so in the eventuality of vote of no-confidence passed against
him by majority of votes, by show of hands, by the members in a meeting of the
Bar Council.
CHAPTER
- XIV
MISCELLANEOUS
14.1. An Advocate is
entitled to a duplicate copy his Enrollment Certificate on filing an
application to the Secretary of the Bar Council and upon payment of specified fee.
14.2. Specified fee shall
be levied for issuance of a certificate under Rule 107(1)(c)(ii) of the
Pakistan Legal Practitioners and Bar Councils Rules, 1976.
14.3. All moneys required
to be paid under the Rules shall be paid into the account of the Bar Council
and the receipt for the money paid shall be attached to the proceedings in
respect of which the payment is made.
14.4. The Legal
Practitioners and Bar Council Rules, 1969 & The Punjab Legal Practitioners & Bar Council Rules, 1974 insofar
as they relate to the functions of the Punjab Bar Council, are hereby repealed.
-----------------------
Application No. ____________
PUNJAB BAR COUNCIL
9-FANE ROAD, LAHORE, PHONE: 042-99214245-49, FAX: 042-99214250
E-mail: info@pbbarcouncil.com, URL: www.pbbarcouncil.com
FacebooK:/Pbbarcouncil, Instagram:/Pbbarcouncil, Youtube:/Pbbarcouncil
FORM A
INTIMATION FORM
(Under Rules 5.1 of the Punjab Legal Practitioners
&
Bar Council Rules, 2023)
To
The Secretary
Punjab Bar Council
Lahore
Sir,
I Mr./Mrs. ________ D/S/W of _________ Date of Birth ________
having Mr. ____________ Advocate High Court/Subordinate Courts ___________ as a
pupil with effect from ______________ under the Punjab Legal enclose the
following documents in Support of this intimation:-
1. INTIMATION
(i) Intimation Fee upto 35 years age Rs. 3,000/-
(ii) Intimation Fee above 35 to 40 years age Rs. 7,000/-
(iii) Intimation Fee upto 50 years age Rs. 20,000/-
(iv) Intimation Fee upto 60 years age Rs. 30,000/-
(v) Intimation Fee above 60 years age Rs. 50,000/-
Note: Deposit Fee in the Habib Bank Limited on prescribed challan from or
directly in Habib Bank Limited (HBL) A/C 0042-79000543-03 throughout the
Punjab.
2. Attested
photo copies of the passed Result Card of Matric, Intermediate, B.A. and LL.B
Final Examination result card.
3. Copy
of Seniors CNIC & I.D Card (issued by the Punjab Bar Council) for
verification of enrolment date.
4. Three
Photographs in Professional dress (with white background). (The male apprentice
shall wear Maroon Tie and Female Apprentice shall wear Maroon Dopatta OR Scarf
during the period of Apprenticeship).
5. Copy
of National Identity Card/CNIC. # _________
Note:
(1) In case the intimation is not received within
one month of the commencement of training, the training shall run from the
date of receipt of intimation in the Bar Council through on-line or
registered post or date mentioned on the intimation form. |
|
Yours obediently, ....................... Signatures: ................................ Address: .................................... E-mail: ....................................... Candidate Cell: .......................... |
(2) No person is eligible to submit intimation
Form if he/she is in Government/ Semi-Government/ Private Service or
Business, otherwise he will be prosecuted under the relevant provisions of
Act and Rules. |
|
Signature ________________
AFFIDAVIT
Affidavit of Mr./Ms. _____________________________________
s/o d/o w/o ______________________________ R/o _________________
_____________________________________________________________
I, the above named deponent, do hereby solemnly
affirm and declare as under:--
1. That all the contents of the Form “A” are
correct.
DEPONENT
VERIFICATION:
Verified on oath this ________________ day of
______________ that the contents of the above affidavit are true and correct to
the best of deponent’s knowledge and belief and that nothing has been concealed
therefrom.
DEPONENT
AFFIDAVIT
(Only for Muslims)
"بحیثیت
مسلمان حلفیہ
اقرار کرتا /کرتی ہوں
کہ میں اللہ
رب العزت کی
واحدانیت اور
یکتائی پر اور
اُس کی نازل
کردہ کتابوں
پر مکمل یقین
اور ایمان
رکھتا/ رکھتی
ہوں اور خاتم
النبیین حضرت
محمد ﷺ کی
ختم نبوت پر
مکمل اور غیر
مشروط طور پر
ایمان رکھتا
/رکھتی ہوں
اور یہ کہ میں
کسی ایسے شخص
کا /کی
پیروکارنہیں
ہوں جو حضرت
محمد ﷺ کے
بعد اس لفظ کے
کسی بھی مفہوم
یاکسی بھی تشریح
کے لحاظ سے
پیغمبر ہونے
کا دعویدار ہو
اور نہ ایسے
کسی دعویدار
کو پیغمبر یا
مذہبی مصلح
مانتا/مانتی
ہوں۔غلام احمد
قادیانی
جھوٹا مدعی
نبوت اور کذاب
تھا اور میں
قادیانی گروپ
یا لاہوری
گروپ سے کوئی
تعلق نہیں
رکھتا / رکھتی
ہوں اور نہ ہی
خود کواحمدی
کہتا/ کہتی
ہوں ۔"
DEPONENT
VERIFICATION:
Verified on oath this ________________ day of
______________ that the contents of the above affidavit are true and correct to
the best of deponent’s knowledge and belief and that nothing has been concealed
therefrom.
DEPONENT
I, _____________ Advocate High Court/Subordinate Court ____________
Enrolled as such on __________ do hereby certify that I have taken ___________
as pupil under Punjab Legal Practitioners & Bar Council Rules, 2023 with
effect from ________________ I further certify that I have been entitled to
practice in the High Court/Lower Court for a period of not less10 years, and I
will not have more five pupils during the time of his/her pupilage.
I also verified that Mr./Mrs. _______________ is not in any service in
Government/Semi Government/ Private Sector or Business.
(Wrong Verification on the part of the Senior, amounts to Professional
Misconduct).
Signature ___________________
Application: No.
____________________
---------------------------
FORM ‘B’
APPLICATION FOR ENROLMENT
(See Rule 5.2)
Your Cell No: ___________________ |
فارم
کو YES
اور NO پر کریں۔ |
1. Name of the applicant: ..............................................................
2. Father’s/Husband’s Name: .........................................................
3. Date of Birth:
.......................................... Station ......................
(as per mention in
Matric/O-Level)
4. National of applicant
................................... CNIC # .................
(Attach Photo Copy of National Identity Card)
5. Home Address:...........................................................................
...................................................................................................
6. Postal Address: ..........................................................................
...................................................................................................
7. E-mail Address:
....................................... Contact ....................
8. Qualification for
enrolment:-
Qualification |
Roll Number |
Year |
Institution/City |
Matric/O-Level |
|
|
|
F.A./ F.Sc. |
|
|
|
B.A./B.A. Hons |
|
|
|
LL.B. Part-I |
|
|
|
LL.B. Part-II |
|
|
|
LL.B. Part-III |
|
|
|
LL.B. Part-IV |
|
|
|
LL.B. Part-V |
|
|
|
LAW-GAT |
|
|
|
SEE-LAW |
|
|
|
9. Attach copies of the
following documents, duly attested by the Gazetted Officer or member Punjab Bar
Council or President of the Bar Association:-
(i) (a) Matriculation/O-Level
(b) F.A./F.Sc./B.A./B.Sc.
Result Cards/Degree
(c) LL.B. Result Card Part I,
II, III, IV & V/LL.B. (Hon.)/LL.M./Bar-at-Law
(d) LL.B. Degree or the
Provisional Certificate in original.
(e) Pass Result Card of Entry Test/Law Gat
with minimum 50% marks.
(f) In case of foreign degree result card of
Special Equivalence Examination (SEE-Law).
(ii) two character certificates from two
Advocates.
(iii) an undertaking that you will become member
of a Bar Association (mention name of the Bar Association) in Punjab, within
six months after your enrolment __________________
(iv) list of at least twenty cases in which you
rendered assistance to your senior duly signed by you and the senior giving the
nature of each case (with copies of daily case diary be attached of the
concerned Senior Advocate.
(v) your six passport size photographs in
professional dress (with white back ground).
(vi) an affidavit, stating truly and accurately,
that no criminal proceedings or proceedings for professional misconduct were
ever instituted against in any Court of Law. If any, then details and the final
order/judgment be given.
(vii) an affidavit explaining the reasons of gap,
if any, in between examinations and training after passing the LL.B.
Examination.
10. Whether the applicant
is a person exempt from training. Then the applicant give the details regarding
the exemption as per required under Rule 5.4 mentioned in Form ‘C’ separately.
11. Enrolment fees
including Verification Fee etc. (In case of non availability of
prescribed challan forms of Punjab Bar Council, fee can be deposit in given
account numbers, directly).
i) Above 25 upto 30 years: Habib Bank Limited (HBL)
Rs. 165/-
Enrollment Pakistan Bar Council
(Pakistan B.C. A/C 0042-79918974-03)
Rs. 335/-
Enrollment Punjab Bar Council
(Punjab B.C. A/C 0042-79000543-03)
Rs. 800/- Identity
Card Fee -do-
Rs. 500/-
Certificate Fee -do-
Rs. 500/- Building Fund -do-
Rs. 500/- General
Fund -do-
Rs. 500/- Degree
Ver. Fee (within Punjab) OR -do-
Rs. 2,000/- Degree
Ver. Fee (outside Punjab) OR -do-
Rs. 25,000/-
Degree Ver. Fee (Foreign Universities)
-do-
Rs. 2,000/- Group
Insurance
(Group Insurance A/C 0042-79000544-03)
Rs. 15,000/-
Benevolent Fund
(Benevolent Fund A/C 0042-79000545-03)
Rs. 4,000/-
Pakistan Law Journal Subscription
(PLJ A/C 0042-79000546-03)
Rs. 1,000/-
Lawyers Welfare Fund
(Lawyers Welfare Fund 0042-79922451-03)
12. Whether the applicant is/was
a salaried person or engaged in any business, service, profession or vocation
in Pakistan? If so, the nature thereof and the place at which it is carried
out?
13. Whether the applicant
proposes to practice generally within the jurisdiction of the Punjab Bar
Council? State place of practice? ______________________
14. Whether the applicant has
been declared insolvent?
15. Whether the applicant has
been dismissed or removed or compulsory retired from service of Government or
of a Public Statutory Corporation, (if yes, he is not entitled for enrollment)
?
16. Whether the applicant is
enrolled as an advocate on the roll of any other Bar Council?
17. Whether the applicant has
been convicted of any offence? If so, date and particulars thereof?
18. Whether the application of
the applicant of enrolment has previously been rejected?
19. Description of Fees
Deposited any Branch of Habib Bank Limited (HBL):
(a) Enrolment Fee: (i) Pb.B.C.
Rs. ______ Bank Slip # _____
(ii) Pak.B.C. Rs.
______ Bank Slip # _____
(b) General Fund Rs. ______ Bank
Slip # _____
(c) B.F. Contribution Rs. ______ Bank Slip
# _____
(d) Group Insurance Rs. ______ Bank
Slip # _____
(e) PLJ Subscription Rs. ______ Bank Slip
# _____
(f) Exemption Fee (if any) Rs. ______ Bank Slip # _____
SIGNATURE: ______________
A F F I D A V I T
Affidavit of Mr./Ms. ____________________________________________
s/o d/o w/o ____________________________ R/o ___________________
_____________________________________________________________
I, the above named
deponent, do hereby solemnly affirm and declare as under:--
1. That the deponent is neither engaged in any
Business/Service/Profession/Vocation anywhere at present nor was so engaged
during the period of apprenticeship.
2. That all the contents of the Form “B” (and if submit Form “C”)
are correct.
3. That anything concealed or wrongly mentioned, his/her licence
will be cancelled and legal action be taken against him/her.
DEPONENT
VERIFICATION:
Verified on oath this ________________ day of ______________ that the
contents of the above affidavit are true and correct to the best of deponent’s
knowledge and belief and that nothing has been concealed therefrom.
DEPONENT
AFFIDAVIT
(Only for Muslims)
"بحیثیت
مسلمان حلفیہ
اقرار کرتا /کرتی ہوں
کہ میں اللہ
رب العزت کی
واحدانیت اور
یکتائی پر اور
اُس کی نازل
کردہ کتابوں
پر مکمل یقین
اور ایمان
رکھتا/ رکھتی
ہوں اور خاتم
النبیین حضرت
محمد ﷺ کی
ختم نبوت پر
مکمل اور غیر
مشروط طور پر
ایمان رکھتا
/رکھتی ہوں
اور یہ کہ میں
کسی ایسے شخص
کا /کی
پیروکارنہیں
ہوں جو حضرت
محمد ﷺ کے
بعد اس لفظ کے
کسی بھی مفہوم
یاکسی بھی تشریح
کے لحاظ سے
پیغمبر ہونے
کا دعویدار ہو
اور نہ ایسے
کسی دعویدار
کو پیغمبر یا
مذہبی مصلح
مانتا/مانتی
ہوں۔غلام
احمد قادیانی
جھوٹا مدعی
نبوت اور کذاب
تھا اور میں
قادیانی گروپ
یا لاہوری
گروپ سے کوئی
تعلق نہیں رکھتا
/ رکھتی ہوں
اور نہ ہی خود
کواحمدی کہتا/
کہتی ہوں ۔"
DEPONENT
VERIFICATION:
Verified on oath this
________________ day of ______________ that the contents of the above affidavit
are true and correct to the best of deponent’s knowledge and belief and that
nothing has been concealed therefrom.
DEPONENT
Application: No. ____________________
---------------------------
FORM ‘C’
CERTIFICATE OF TRAINING
[See Rule 5.3 (e)]
I,
______________________________ Advocate, do hereby certify that Mr./Mrs.
___________ son/daughter/wife of _________________ has training with me for a
period of six months (from ___________ to _____________) in accordance with
Rule 5.3(c) of the Legal Practitioners and Bar Council Rules, 2023.
That at the time when I took him as a pupil, I had been entitled to
practice as a pleader/or as an Advocate for a period of not less than five
years.
That I did not have more than five pupils during
the time of his pupilage.
That although I had more than five pupils during
the whole of portion of his pupilage he was for the whole or for that portion
of the period of his pupilage one out of the first five pupils considered in
the order in which they were taken as pupils.
That I was practicing at the Bar during the whole
period of pupilage and that a written intimation as to his having joined me as
a pupil signed by both of us, had been sent to the Secretary Bar Council within
one month of the commencement of pupilage.
Specify in the form below at least twenty cases in
which the Advocate had the assistance of the pupil.
Dated: __________
ADVOCATE
LIST OF CASES
Sr. No. |
Name of Court |
Nature of Parties |
Particular of
Court orders/proceedings |
|
|
|
|
____________________ ________________________
Name of Pupil/Apprentice Name
of Senior Advocate
________________________ __________________________
Signature of Pupil/Apprentice Signature
of Senior Advocate
---------------------------
FORM ‘D’
UNDERTAKING
[See Rule 5.3 (i)]
I ___________________________ S/D/W ___________________
r/o __________________________________________________________
_____________________________________________________________
do hereby undertake to seek the exemption for enrollment as an advocate
from training as per required under Rule 5.3(i) of the Punjab Legal
Practitioners and Bar Council Rules, 2023 on the following grounds:
______________________________________________________
______________________________________________________
______________________________________________________
APPLICANT
---------------------------
UNDERTAKING
[See Rule 5.3(1)(S)]
I _________________________ S/D/W _____________________
Enrollment date ____________________ station ___________________
undertakes that Mr. ________________________ S/O ______________
R/O _________________________________________________________
Has applied for enrollment, and he/she is not in any salaried job or
government job or semi government job, or in any autonomous body or in any
private job or public / private job or in any business or profession.
ADVOCATE (Signature)
NOTE: In case, it transpires that the
senior/advocate, who gave wrong/false undertaking, regarding the
trainee/applicant, will be prosecuted under the professional misconduct.
---------------------------
FORM ‘E’
(See Rule 5.5)
APPLICATION FOR ENROLLMENT AS AN
ADVOCATE HIGH COURT
1. Name of the applicant: ..............................................................
2. Father’s/Husband’s Name: .........................................................
3. Date of Birth:
.............................................. Station ..................
(as per mention in
Matric/O-Level)
4. Nationality of applicant
................................. CNIC # ...............
(Attach Photo Copy of National Identity Card)
5. Home Address:...........................................................................
6. Postal Address ...........................................................................
7. E-mail Address
........................................... Contract ................
8. Qualification &
duration of practice of two years as an Advocate Lower Court.
(a) Date of Enrollment as an Advocate....................................
(b) Date of Enrollment of an Advocate will be considered from the
date of enrollment of the concerned Bar Association, which will be verified by
the President of the concerned Bar Association. President will also issue
certificate in this regard which will be attached.
9. Whether he/she filed:-
a) Three Photographs in Professional dress.
b) Fitness certificates from
two lawyers on their Letter Pads eligible to practice in the High Court.
c) Filed Photocopy of Renewal
Licence of current year?
d) Affidavit regarding no criminal
proceeding or proceeding of professional misconduct are pending in any Court of
Law.
e) A List of 20 cases, conducted by the
Applicant in Lower Courts. Judgments or orders or attached copies of the Power
of Attorney of 20 cases will be attached.
f) Deposit slip of any Branch of Habib Bank
Limited (HBL) only:-
(i) Rs. 165/- in the Pakistan Bar Council
Account as enrolment fee. (Pakistan Bar Council A/C 0042-79918974-03)
(ii) Rs. 335/- in Punjab Bar
Council Account as Enrollment Fee. (Punjab Bar Council A/C 0042-79000543-03)
(iii) Rs. 15,200/- in Punjab
Bar Council Account as General Fund. (Punjab Bar Council A/C 0042-79000543-03)
(iv) Rs. 2,000/- deposited as
Lawyers Group Benefit Scheme.
(Group Insurance A/C 0042-79000544-03)
(v) Rs. 500/- deposited as PLJ
Law Site. (PLJ Law Site A/C 0042-79000554-03)
(vi) Rs. 1,000/- deposited as
Lawyers Welfare Fund. (A/C 0042-79922451-03)
Note: Deposit fee
in the Habib Bank throughout Punjab.
10. Whether he/she has filed an
affidavit as to the duration of practice?
11. Exemption:
(a) Whether the applicant
claims exemption under Section 27 of Legal Practitioners & Bar Councils
Act, 1973 or the applicant on the basis of their education higher then LL.B. i.e
LL.M. and Bar-at-Law are entitled to be considered for exemption.
(Applicant also submit Form “E”).
(b) Any Civil Judge, Judicial
Magistrate, Assistant Session Judge, Additional Session Judge and Session Judge
may seek exemption for two years practice/period for getting High Court
License, if he/her has 5-years experience in Judicial Service.
(c) Fee for exemption is Rs.
20,000/-.
12. Whether the applicant has
paid upto date renewal fees and arrears: if any?
13. Whether the applicant
proposes to practice generally within the prescribed jurisdiction?
14. Whether he/she is engaged in
any business, profession or vocation in Pakistan? If so, is not entitled for
enrollment?
15. Whether the applicant has
been declared insolvent?
16. Whether the applicant has
been dismissed or removed or compulsory retired from Government Service or of a
Public Statutory Corporation?
17. Whether the applicant has
been convicted of any offence if so, furnish facts and particulars thereof? (If
concealed, not eligible for enrolment and if concealment proved, license be
cancelled).
18. Whether the applicant is
enrolled as an Advocate on the roll of any other Provincial Bar Council?
(Complete documents be provided).
19. Whether any other Bar
Council has previously rejected the application of the applicant for enrolment?
20. Whether the applicant is
involved in any professional misconduct proceedings?
21. Description of Fees
Deposited in any Branch of Habib Bank Limited (HBL):
(a) Enrolment Fee: (i) Pb.B.C.
Rs. _____ Bank Slip # _______
(ii) Pak. B.C. Rs. _____ Bank
Slip # _______
(b) General Fund Rs. _____ Bank
Slip # _______
(c) Renewal Fee (if any) Rs. _____ Bank Slip # _______
(d) Group Insurance Rs. _____ Bank Slip # _______
(e) PLJ Law Site Rs. _____ Bank
Slip # _______
(f) Exemption Fee (if any) Rs. _____ Bank Slip # _______
Signature: ________________
A F F I D A V I T
Affidavit
of Mr./Ms. ____________________________________________
s/o d/o w/o ____________________________ r/o ____________________
_____________________________________________________________
I, the above named
deponent, do hereby solemnly affirm and declare as under:--
1. That all the contents of the Form “D” (and if submit Form “E”)
are correct.
2. That anything concealed or wrongly mentioned, his/her licence
will be cancelled and legal action be taken against him/her.
DEPONENT
VERIFICATION:
Verified on oath this ________________ day of ______________ that the
contents of the above affidavit are true and correct to the best of deponent’s
knowledge and belief and that nothing has been concealed therefrom.
DEPONENT
AFFIDAVIT
(Only for Muslims)
"بحیثیت
مسلمان حلفیہ
اقرار کرتا /کرتی ہوں
کہ میں اللہ
رب العزت کی
واحدانیت اور
یکتائی پر اور
اُس کی نازل
کردہ کتابوں
پر مکمل یقین
اور ایمان
رکھتا/ رکھتی
ہوں اور خاتم
النبیین حضرت
محمد ﷺ کی
ختم نبوت پر
مکمل اور غیر
مشروط طور پر
ایمان رکھتا
/رکھتی ہوں
اور یہ کہ میں
کسی ایسے شخص
کا /کی
پیروکارنہیں
ہوں جو حضرت
محمد ﷺ کے
بعد اس لفظ کے
کسی بھی مفہوم
یاکسی بھی تشریح
کے لحاظ سے
پیغمبر ہونے
کا دعویدار ہو
اور نہ ایسے
کسی دعویدار
کو پیغمبر یا
مذہبی مصلح مانتا/مانتی
ہوں۔غلام
احمد قادیانی
جھوٹا مدعی
نبوت اور کذاب
تھا اور میں
قادیانی گروپ
یا لاہوری
گروپ سے کوئی
تعلق نہیں
رکھتا / رکھتی
ہوں اور نہ ہی
خود کواحمدی
کہتا/ کہتی
ہوں ۔"
DEPONENT
VERIFICATION:
Verified on oath this ________________ day of ______________ that the
contents of the above affidavit are true and correct to the best of deponent’s
knowledge and belief and that nothing has been concealed therefrom.
DEPONENT
FORM ‘F’
UNDERTAKING
[See Rule 5.5(h)]
I __________________________ S/D/W ____________________
R/o __________________________________________________________
_____________________________________________________________
do hereby undertake to seek the exemption for enrollment as an advocate
High Court under Section 27 of Legal Practitioners & Bar Councils Act, 1973
and as per required under Rule 5.5 (h) of the Punjab Legal Practitioners and
Bar Council Rules, 2023 on the following grounds:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
APPLICANT
---------------------------
Licence No. _____________
FORM “G”
(Under Rule 5.13)
CERTIFICATE FOR PERMISSION TO APPEAR,
ACT AND PLEAD AS AN ADVOCATE
THE PUNJAB BAR COUNCIL
Hereby certifies that
Mr./Miss./Mrs. ________________________________________________
Son/Daughter/Wife of __________________________________________
Has this __________________________ day of __________ 20 ________
been admitted and enrolled as
an Advocate on the roll of this Bar Council. He / She is entitled to appear,
Act and plead as an Advocate before any court or Tribunal in this Province
except the High Court and Supreme Court of Pakistan. Given under the common
Seal of the Punjab Bar Council this __________________________ day of _________
20 ________
Secretary |
|
Vice-Chairman |
---------------------------
No. __________
FORM “H”
(Under Rule 5.14)
PUNJAB BAR COUNCIL
I, __________________________ Secretary of the
Punjab Bar Council do hereby certify that ____________________________________
son/daughter/wife of _______________________ resident of
_______________________________ enrolled on _______________ has paid the Annual
Fee for the year 20 ________ as provided by Rule 5.14 of the Punjab Legal
Practitioners and Bar Council Rules, 2023 and is entitled to practice during
the year 20 _____________ in the Courts subordinate to the Lahore High Court.
By Order of the Bar Council.
---------------------------
Licence No. ____________
FORM “I”
(Under Rule 5.15)
CERTIFICATE FOR PERMISSION TO APPEAR, ACT AND PLEAD
AS AN ADVOCATE OF THE HIGH COURT
THE PUNJAB BAR COUNCIL
Hereby certifies that
Mr./Miss./Mrs.
_________________________________________
Son/Daughter/Wife of __________________________________________
was enrolled as an Advocate by the Punjab Bar Council and now has been admitted
as an Advocate of the High Court. He / She is entitled to appear, Act and plead
before any Court or Tribunal in Pakistan except the Supreme Court of Pakistan.
Given under the common Seal of the Punjab Bar Council this
___________________________ day of _______ 20 ________
Secretary |
|
Vice-Chairman |
---------------------------
No. __________
FORM ‘J’
(Rule 5.20)
PUNJAB BAR COUNCIL
(STANDING CERTIFICATE)
The Punjab Bar Council hereby certifies that ________________
son/daughter/wife of ______________ who is an Advocate of Bar Council has been
admitted as an advocate on _____________________. He is entitled to appear, Act
and plead before any Court or Tribunal as an Advocate in this Province except the High Court and Supreme Court of
Pakistan.
Given under the common Seal of the Punjab Bar Council this ______ day of
______________20 __________.
By Order of the Bar Council.
‘SEAL’ Secretary
---------------------------
No. __________
FORM ‘K’
(Under Rule 5.21)
PUNJAB BAR COUNCIL
(STANDING CERTIFICATE)
The Punjab Bar Council hereby certifies that ___________________
son/daughter/wife of ______________ who is an Advocate of Bar Council has now
been admitted as an advocate of _____________________ High Court. He is entitled
to appear, Act and plead before any Court or Tribunal in Pakistan except the
Supreme Court of Pakistan.
Given under the common Seal of the Punjab Bar Council this ______ day of
__________ 20 __________.
By Order of the Bar Council.
‘SEAL’ Secretary
---------------------------
FORM ‘L’
(Under Rule 10.8)
CASH BOOK
Page No. ______
BANK CASH BOOK
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Date of Remittance |
Particulars of Depositor |
Amount Deposited |
Name of Bank |
Folio |
Amount Remitted |
Total |
|
|
|
|
|
|
|
GENERAL CASH BOOK
CASH ACCOUNT OF _______ FOR THE MONTH OF _____ 20 ___
1 |
2 |
3 |
4 |
5 |
6 |
7 |
Month/ Date |
Receipt |
Folio |
Amount |
Total |
Month/ Date |
Payment |
|
|
8 |
9 |
10 |
|
|
|
|
Folio |
Amount |
Total |
|
|
---------------------------
FORM ‘M’
(Under Rule 10.17)
ANNUAL ACCOUNT FOR THE
YEAR _________
1 |
2 |
3 |
4 |
1. Fees
……. (a) Enrolment Fees (b) Fee for Permission to practice in High
Court. (c) Renewal Fees (d) Miscellaneous Fees 2. Grants 3. Donations 4. Subscriptions |
________
________ ________ ________ ________ ________ |
1. Establishment 2. Auditor 3. Contingencies 4. Miscellaneous |
________ ________ ________ ________ |
Total Income Opening Balance ___________________________
Total Expenditure Closing Balance _______________________
Signature of the
Secretary Signature of the
Chairman.
Finance Committee
---------------------------
CHARACTER CERTIFICATE
[Under Rule 5.3(C)]
Certified that
___________________ S/O ___________________
is known to me, since last Six months. He is having good moral character and is
a fit person to be enrolled as an advocate of Lower Courts.
Name ___ _____________________ Father’s Name______________
CNIC No.______________________ P.B.C. Licence No __________
Enrollment Date:
(1) L.C:________ (2) H.C. ____________________
Station _______________________ Signature: _________________
CHARACTER CERTIFICATE
[Under Rule 5.3(C)]
Certified that
____________________________ S/O __________
is known to me, since last Six months. He is having good moral character and is
a fit person to be enrolled as an advocate of Lower Courts.
Name _____ _____________________ Father’s Name____________
CNIC No._______________________ P.B.C. Licence No _________
Enrollment Date:
(1) L.C:__________ (2) H.C. __________________
Station _________________________ Signature: _______________
---------------------------
UNDERTAKING
[Under Rule 5.3(d)]
I
____________________________ S/O _____________________
R/O _________________________________________________________
do hereby undertake to become a member of __________________ Bar Association
within a period of six months from the date of enrollment as an advocate.
Date: __________________ Signature:_______________
AFFIDAVIT
[Under Rule 5.3(G)]
I
______________________________ S/O ___________________
R/O _________________________________________________________
do hereby solemnly affirms and declares as under that no criminal proceedings or proceedings for professional misconduct were
ever instituted against in any Court of Law or tribunal. If registered or
initiated, that was dismissed/filed/acquitted/discharged or adjourn sine dine.
Date: ___________ Signature:_______________
AFFIDAVIT
[Under Rule 5.3 (K)]
I
__________________________ S/O _______________________
R/O _________________________________________________________
do hereby solemnly affirms and declares as under that the applicant was not a salaried person or engaged in any business,
service, profession or vocation in Pakistan before submitting the intimation.
Date: ___________ Signature:_______________
AFFIDAVIT
[Under Rule 5.3(Q)]
I
________________________________ S/O _________________
R/O _________________________________________________________
do hereby solemnly affirms and declares as under:-
1. That the applicant is neither engaged
in any Business/Service/ Profession/Vocation anywhere at present nor was so
engaged during the period of apprenticeship.
2. That all the contents of the Form “B”
(and if submit Form “C”) are correct.
3. That anything concealed or wrongly
mentioned, his/her licence will be cancelled and legal action be taken against
him/her.
Date: ___________ Signature:_______________
---------------------------
CHARACTER CERTIFICATE
[Under Rule 5.5(C)]
Certified that
_____________________ S/O _________________
R/O _________________________________________________________
is known to me. He bears good moral character and is very enthusiastic,
hardworking and practicing Advocate and a fit person for practice as an
Advocate High Court.
Name
___ _____________________ Father’s Name______________
CNIC
No.______________________ P.B.C. Licence No __________
Enrollment
Date: (1) L.C:________ (2) H.C. ____________________
Station
_______________________ Signature: _________________
---------------------------
CHARACTER
CERTIFICATE
[Under Rule 5.5 (C)]
Certified
that ____________________ S/O __________________
R/O _________________________________________________________
is known to me. He bears good moral character and is very enthusiastic,
hardworking and practicing Advocate and a fit person for practice as an
Advocate High Court.
Name
___ _____________________ Father’s Name______________
CNIC
No.______________________ P.B.C. Licence No __________
Enrollment
Date: (1) L.C:________ (2) H.C. ____________________
Station
_______________________ Signature: _________________
---------------------------
AFFIDAVIT
[Under Rule 5.5]
I,
__________________________ S/O ______________________
R/O ________________________________________________ ,
deponent
do, hereby solemnly affirms and declares as under:-
1. That no criminal
proceeding is pending against him/her in any Court of Law.
2. That he has completed the
required duration of practice.
3. That he has not been
declared insolvent.
4. That he has not been
dismissed or removed from service or compulsory retired from Government Service
or of a Public Statutory Corporation etc.
5. That he has not been
convicted of any offence.
6. That he is not enrolled as
an Advocate on the roll of any other Provincial Bar Council in Pakistan.
7. That no other Bar Council
in Pakistan, has previously rejected his application for enrolment.
8. That he is neither engaged
in any Business/Service/ Profession/Vocation in Pakistan.
9. That no professional
misconduct proceedings, is pending against him.
10. That all the contents of
the Form “E” (and if submit Form “F”) and all Forms, certificates and
undertakings are correct.
DEPONENT
VERIFICATION:
Verified that
contents on oath at __________ dated ___________ that contents of the above
affidavit are true and correct to the best of my knowledge and belief.
MEMBER BAR COUNCIL/ DEPONENT
PRESIDENT BAR ASSOCIATION.
Khawaja
Qaisar Butt
Chairman
Rules Committee
Punjab
Bar Council
---------------------------
[1]. Passed by Punjab Bar Council in its
meeting held on 11.12.2021, Punjab Weekly Gazette, Part-III, Page 222, dated
7.12.2022.
[2]. Passed by Punjab Bar Council in its
meeting held on 01.04.2023, Punjab Weekly Gazette, Part-III, Page 21, dated
12.7.2023.
[3]. Passed by Punjab Bar Council in its
meeting held on 3.6.2023, Punjab Weekly Gazette, Part-III, Page 23, dated
12.7.2023.