June 2024

NOTIFICATION

[1]MEMORANDUM OF ASSOCIATION, 2023

[Gazette of Punjab, Weekly, Part-III, 11th October, 2023]

No. 14011/2023/PbBC. Whereas, it is expedient to provide for regulating the business of Bar Associations to ensure efficient performance and whereas the circumstances render it necessary to formulate Rules of Business of Bar Associations.

Therefore in exercise of the powers conferred by Section 56 of the Legal Practitioners and Bar Council Act, 1973, (Act XXXV of 1973), the Punjab Bar Council is pleased to make the following Rules:--

1. (a) These Rules shall be called “Memorandum of Association, 2023”.

(b) It shall come into force with effect from 05 August, 2023.

(c) It shall apply to all the Bar Associations of the province of the Punjab including the High Court Bar Associations, District Bar Associations & Tehsil Bar Associations.

2. An Association of Advocates at the Principal seat and all benches of the Lahore High Court, District Bar Associations at District headquarters, Tehsil/Sub-Divisional Bar Associations at Tehsil headquarters, recognized as such by the Punjab Bar Council, shall be known as Bar Association.

3. Objects. The objects of the Bar Association are, inter alia, to:--

(a) struggle for the civic liberties, human rights and rule of law;

(b) strive to remove any difficulty or hardship faced by the legal profession;

(c) carry out and implement, in letter and spirit, the instructions or decisions of the Punjab Bar Council made from time to time;

(d) protect and safeguard the rights, interests and privileges of the Members;

(e) struggle for the implementation of the spirit of the Constitution of the Islamic Republic of Pakistan, 1973;

4. It shall be the primary duty of every Advocate to abide by, and adhere to, these Memorandum of Associations, and all other applicable laws. Without prejudice to the generality of the foregoing, every Advocate shall, inter alia,:

(i) act without fear or favour for just cause of his clients;

(ii) devote himself to the cause of his client diligently and with assiduous application of his mind;

(iii) not accept or resort to any favour at the cost of his integrity, morality and legal propriety;

(iv) fight against corruption wherever found and against illegal favour from whatever source offered;

(v) reasonably strive to appoint as Clerk / Munshi, a person of good repute and not previously convicted of any offence involving moral turpitude;

(vi) be mindful of the attorney-client privilege, and carry out his clientele obligations honestly, justly and fairly.

5. In this Memorandum of Association, unless there is anything repugnant to the context, the following words shall have the means assigned to them:-

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

(b) “Advocate” means an advocate whose name is borne on the Rolls of Advocate maintained by the Punjab Bar Council and Pakistan Bar Council;

(d) “Annual Account Report” means report prepared by the Auditor of Bar Association and approved by Executive Committee of Bar Association, including the audit report mentioned in Rule 91 of the Memorandum of Association, 2023;

(e) “Annual Meeting” means the meeting of the house convened for the approval of the report of annual accounts, audit reports, and reports on the performance of the Association;

(f) “Bar Association” means High Court Bar Association at High Court Principal seat and at all Benches of the Lahore High Court, all District Bar Associations and Tehsil Bar Associations in the province of Punjab, recognized as such by Punjab Bar Council;

(g) “Bar Council” means the Punjab Bar Council;

(h) “Committee” means a Committee constituted by the Bar Association or by the President thereof in accordance with the provisions of the Act and the rules framed thereunder;

(i) “Election Board” means Election Board constituted under Rule 46 of the Memorandum of Association, 2023;

(j) “Eligible Candidate” means a practicing member of concerned Bar Association, who fulfills the requirement of the candidate for a specific seat of office bearer described under Rule 45-D of the Memorandum of Association, 2023;

Provided that a member cannot contest any election of Bar Association if he:-

= Was dismissed or removed or compulsory retired from the service of, inter alia, Government or semi government or a public statutory corporation or autonomous body or from any public or private registered company etc;

= Has been convicted for any offence;

= Has been guilty of professional misconduct by Bar Council or misconduct tribunal as per the provisions of the Act and the Rules framed thereunder;

= Has been declared a tout;

= Is discharged insolvent.

Provided further that at the time of submission of nomination papers, the Candidates of all specific seats, shall submit certified copies of the orders / judgments of the cases conducted by them, before the Election Board as mentioned in the Rule 45-D of the Memorandum of Association, 2023;

(k) “Eligible Voter” means an advocate whose name is on the roll of Punjab Bar Council regarding the voter list of the concerned Bar Association as a voter, who also fulfills the requirement of Rule 46-B of the Memorandum of Association, 2023;

(l) “Emergent Meeting” means a meeting of the House on the requisition of the members under the Memorandum of Association;

(m) “Form” means form appended to the Rules;

(n) “General Meeting” means a meeting of the House convened to deal with the ordinary business of the Association;

(o) “Meeting” means the meetings of the General House, Executive Committee and its sub-Committees;

(p) “Office Bearer” means President, Vice-President(s), Secretary, Joint Secretary, Finance Secretary, Library Secretary, Auditor and Members of the Executive Committee, as may be elected under the Memorandum of Association 2023, or any other person, to whom all or any of the functions of an office bearer for the time being are assigned by the Executive Committee of the Bar Association:-

Provided that the Members of the Punjab Bar Council by virtue of their office, shall be the Ex-officio members of the Executive Committee of the Bar Association to which they are representing.

Provided that the Bar Associations may enhance the seat of Vice Presidents with the approval of the general house of the Bar Association concerned and the approval of the Executive Committee of the Punjab Bar Council, while considering the number of strength of the advocates, available on the roll of Punjab Bar Council.

(q) “President”, “Vice-President(s)”, “Secretary”, “Joint Secretary”, “Finance Secretary”, “Library Secretary”, “Auditor”, “Member Executive Committee”, mean the President, Vice-President(s), Secretary, Joint Secretary, Finance Secretary, Library Secretary, Auditor and Member Executive Committee of the Bar Association elected under the Memorandum of Association 2023;

(r) “Regular Member” means a member of the High Court Bar Association, District Bar Association or Tehsil Bar Association, who is not a salaried employee or employee of government or semi-government or in any public or private company or engaged in any business or vocation etc;

(s) “Section” means a section of the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973);

(t) “Special Meetings” means a meeting of the General House convened for special purposes.

6. Eligibility of Membership. All Advocates on the roll of the Pakistan Bar Council and Punjab Bar Council and practicing regularly shall be entitled to become member of any one Bar Association.

Provided that fresh entrants to the profession shall be deemed to be practicing regularly for the foregoing purpose.

7. (1) Mode of Admission. An Advocate will seek membership of a Bar Association by paying:--

a. Rs. _______, as admission fee; and

b. Rs. _______, as monthly subscription, by 10th of each month.

(2) Every Bar Association may charge prescribed fee for admission as well as monthly subscription, as decided by the Executive Committee or General House of the Bar Association.

8. (1) Application for membership shall be made to the Secretary along with a photo copy of the enrollment certificate, CNIC, an affidavit submitting no engagement or involvement in any service, profession, business or vocation etc, and a photograph. Secretary shall place it before the Executive Committee of Bar Association, who shall, after perusal, grant membership.

(2) Every Advocate shall seek membership within six months of his enrolment with the Bar Council. In case membership of a Bar Association is not sought by an Advocate within six (06) months of enrolment, he may be admitted, subject to such conditions as may be determined by the Bar Council.

(3) In such situation, the advocate will apply before the Executive Committee of Punjab Bar Council, and seek extension of time in this regard, while showing sufficient cause, subject to deposit the fine, which may extend to ten thousands rupees.

(4) Application for membership shall not be decided by the Executive Committee of Bar Association, unless the applicant/ Advocate has been given an opportunity of hearing. In case the application is rejected, the Executive Committee of Bar Association shall record reasons for doing so in writing and a copy thereof shall be supplied to the applicant within 07 days, free of cost from the date of the communication of the order.

9. (1) Against the order passed by the Executive Committee of the Bar Association, an appeal shall lie to the Executive Committee of the Punjab Bar Council within 30-days.

(2) Executive Committee Punjab Bar Council may pass an injunctive order, and thereafter reject the appeal, in the alternative, admit the Advocate, subject to such conditions as may be determined by the Bar Council.

10. (1) By virtue of the membership of a Bar Association, every advocate shall be entitled to the services and amenities of Bar Association.

(2) Members of other Bar Associations in province of Punjab will be entitled to amenities, admissible to the regular member of Bar Association concerned, but, he will not be entitled to be a voter member of that Bar Association and will not be entitled to participate in the election of other Bar Associations.

(3) Members of other Bar Associations will not be entitled for allotment of the chamber / seat through allotment by the Bar Association.

11. No Advocate shall be eligible to practice unless he is a member of a Bar Association as per provisions of the Act and the rules framed thereunder, at the place at which he ordinarily practices.

12. Constitution. A Bar Association shall consist of a President, Vice President(s), Secretary, Joint Secretary, Finance Secretary, Library Secretary, Auditor and Members of the Executive Committee.

Provided that the Executive Committee shall not consist of more than ten (10) members.

12-A. Recognition of Bar Association. Every Bar Association will be recognized under chapter VII (Bar Association) of the Punjab Legal Practitioners & Bar Council Rules, 2023.

13. Absence due to illness etc of a Member. No subscription shall be paid by a Member who had discontinued practice or was absent from his ordinary place of business for a considerable period; provided, that he or on his behalf, any person had informed the Secretary to that effect within three months.

Provided further that if such information is not received within the time prescribed, the Member shall automatically cease to be the Member:

Provided further that the removal of membership of an advocate shall be restored by the Executive Committee of Bar Association subject to the payment of the outstanding dues, or any penalty that may be imposed.

Provided further that against such decision of the Executive Committee of the Bar Association, the aggrieved Advocate may file an appeal before the Executive Committee of the Punjab Bar Council within 30-days.

14. Defaulters. A member, who fails to pay his monthly subscription for three consecutive months, shall, after the expiry of the last day of the 3rd month, cease to be a Member of the Bar Association:

Provided that such Member may apply for restoration of his membership on making payment of the outstanding arrears due from him in addition thereto such penalty as determined by the President or Executive Committee and on payment, his membership shall be restored by the President or the Executive Committee, accordingly:

Provided further that if such member does not apply for restoration within two months, after he had ceased to be a member, Secretary shall report to the Bar Council or Pakistan Bar Council, recommending removal of his name from the Roll of the Advocates.

Provided further that Executive Committee of the Bar Council on filing of appeal against the said order of Bar Associations will restore the membership and the name of the advocate on the roll, subject to deposit of fine, which may extend to ten thousands rupees.

15. (1) Expulsion from Membership. The Executive Committee of Bar Association or General House may expel a member from the membership of the Bar Association on the following grounds:-

(a) guilty of misconduct;

(b) objectionable behaviour;

(2) The matter of expulsion shall not be placed before the General House unless it has been initiated by not less than 1/3rd majority of the total membership or 100 members, whichever is the less.

(3) An appeal against such expulsion shall lie to the Executive Committee of the Bar Council within a period of 30 days.

15-A. The Executive Committee of the Bar Council shall forthwith suspend the membership in the Bar Association of an Advocate, or suspend the licence of an Advocate or cease the status of an Office Bearer of any Bar Association, if the Advocate concerned or the Office Bearer, as the case may be, violates the decisions/directions of the Pakistan Bar Council or the Punjab Bar Council, or impairs the cause of the legal fraternity, or impairs the cause of the Bar Associations or misuses his office.

16. An Advocate, as a matter of right, shall be eligible to appear in Courts without robe in Criminal or Civil litigation pending for or against him.

17. President. (1) (a) The President shall be responsible for ensuring due compliance of the provisions of the Act and the rules framed thereunder, as well as the Constitution of the Bar Association;

(b) He shall convene and preside over a meeting of the Bar Association and the Executive Committee;

(d) He shall after receiving a complaint from a member about misbehaviour of any of the functionaries of the subordinate judiciary, personally take up the matter with the authorities to resolve it amicably and if not settled and he is of the opinion that it needs to be placed before the General House he may pass such orders;

(e) He shall refer a complaint received against a member of Bar Association containing allegations of misconduct or misbehaviour, to the Executive Committee and if the Executive Committee recommends that the matter needs probe by the Bar Association, he shall refer the matter to any committee of Bar Association or the General House;

(f) He shall place before the General House a complaint for consideration as to declaring the person complained against, to be or not to be a Tout, in special meeting convened for the purpose, in accordance with the provision of S.59 of the Legal Practitioners and Bar Councils Act, 1973;

(g) He shall maintain the dignity and prestige of the profession and lawyers;

(h) He shall have right to incur and sanction expenditure upto Rs.100000/- from the funds of the Association and if the expenditure exceeds Rs.100000/- he shall place the matter before the Executive Committee for its approval;

(i) He shall convene a meeting of the Executive Committee on the requisition signed by not less than five members of the Executive Committee. However, any meeting of General House may only be convened on a requisition, signed by members, not less than 1/10^th of the total membership of the Bar Association available on the roll of the Bar Council;

(j) President will operate the bank accounts of the Bar Association along with the Secretary. In case of absence of the President or the Secretary, the Executive Committee of the Bar Association through resolution or decision may authorize one office bearer to run the account with the Secretary or President, as the case may be, subject to certain conditions / limitations;

(k) He shall exercise controlling powers over the employees of the Bar Association;

(I) He shall have the disciplinary control over the Clerks / Munshis of the members of the Bar Association;

(m) He shall satisfy himself of the qualification and conduct of the clerks/munshis of the Members of the Bar Association;

(n) He shall, after being satisfied, cause to be issued Identity Cards to the Clerks / Munshis of the Members of the Bar Association;

(o) He shall have the power to constitute new committees as he may deem necessary for the performance of the functions of the Bar Association;

(p) President and Secretary, at the end of their tenure, shall hand over all the cash, cheque books, minutes book, audit report, inventory register of Bar Association, and all other related documents to the new elected President and Secretary of Bar Association;

(q) President and Secretary of the Bar Association shall remain duty bound to ensure the annual account report and audit of the Bar Association under Rule 91 of the Memorandum of Association, 2023 is carried out;

(r) President and Secretary of Bar Association will issue the completion certificate of the Bar Vocational Course to the trainee advocates;

18. Vice-President. (1) The Vice-President, in the absence of the President shall exercise all the powers and duties of the President, except financial powers and power to sanction expenditure etc.

(2) In absence of both (President & Vice President), the Members of the Executive Committee, with majority votes, will nominate one of member, to exercise the powers and duties of the President temporarily, unless elected or nominated as per the provisions of the Act or rules framed thereunder.

19. Secretary. Secretary shall have the confidence and co-operation of all the Members of Association in properly maintaining the welfare and prestige of the Bar Association. It shall be the duty of the Secretary to:--

(1) Personally attend to conduct and sign all correspondence on behalf of the Bar Association;

(2) Control and manage the establishment;

(3) Look to the maintenance and upkeep of the library, Bar room and furniture of the Bar Association;

(4) Call all ordinary, emergent and general meetings of the Bar Association and the Executive Committee and record their minutes;

(5) Maintain an upto-date record of the clerks and munshis and check their credentials after every three months;

(6) Maintain the list of touts (declared by Courts or by the Executive Committee etc);

(7) Arrange and manage all social, cultural and academic functions;

(8) Take action against the defaulters according to the Act and rules framed thereunder;

(9) Maintain list of members debarred from using the library under the Library Rules, and display their names on the notice board;

(10) Make payments sanctioned by the Executive Committee;

(11) Deposit all amounts of the Bar Association in the Bank accounts, authorized by the Executive Committee;

(12) Check the library and its register at least once a month;

(13) Call general meeting under Rule 57 or under Rules 62 & 80 when requisitioned either by the members or the Account sub-Committee under Rule 38 for the submission of accounts of the Association after every three months;

(14) Initiate all proceedings against the touts defined under 59 of the Legal Practitioners and Bar Councils Act, 1973 and under Rule 17(f) of the Memorandum of Association, 2023, either on its own motion or on allegation received by him;

(15) To convene all meetings under the Act and the Rules framed thereunder;

(16) Secretary of Bar Association is the custodian of all the minutes book, registers, records of meetings, account register, cheque books, audit reports, inventories etc;

(17) Secretary will operate the bank accounts of the Bar Association alongwith the President. In case on any absence, the Executive Committee of the Bar Association through resolution or decision may authorize one office bearer to run the account with the President subject to certain conditions / limitations;

(18) Secretary and President, at the end of the tenure, shall hand over all cash, cheque books, minutes book, audit report, inventory register of Bar Association, and all other related documents to the new elected President and Secretary of Bar Association;

(19) Secretary and President of the Bar Association shall remain duty bound to ensure the annual account report and audit of the Bar Association under Rule 91 of the Memorandum of Association, 2023 is carried out;

20. The Secretary shall maintain the following registers and books of accounts in such forms and manner as the Executive Committee may direct, from time to time, and the same shall be correctly and diligently kept:--

(1) The Constitution.

(2) Register of the members of the Bar Association.

(3) Accounts Books:-

a. Money Receipt Register,

b. Expenditure Register,

c. Bank Pass Book,

d. Cheque Book,

e. Receipt Register,

(4) Library Registers:-

a. Library Register,

b. Register of Books in the library,

c. Issue and Receipt Register,

(5) Establishment Register.

(6) Stock Register.

(7) Register of the general meetings.

(8) Register of the Executive Committee meetings.

(9) Notice Register.

(10) Correspondence Register.

(11) Files of the Association.

(12) Register of complaints against members etc.

(13) Defaulters register showing money dues on subscription and an other register. Fines imposed and realized from members as price of books lost/damaged, or failure to return books in time and price of library books declared lost or damaged by him.

(14) All other registers under the provisions of the Act and the rules framed thereunder.

(15) Secretary will maintain a register of the trainee advocate, who have submitted their intimation to the Bar Council for compulsory training and for Bar Vocational Course for enrolment and record.

(16) President and Secretary of Bar Association will issue the completion certificate of the Bar Vocational Course to the trainee/advocate.

21. Secretary shall, at close of his tenure, hand over all the registers of the Bar Association to the newly elected Secretary after it has been checked.

22. Joint Secretary. Joint Secretary, in the absence of the Secretary, shall exercise the powers and duties assigned to the Secretary except the financial powers, unless authorized by competent authority / Executive Committee.

22-A. Library secretary. Library secretary will exercise the powers as under:-

(1) Library Secretary shall ensure the compliance of the Library Rules (Rule 68-to-84) mentioned in the Memorandum of Association 2023;

(2) Library Secretary shall be responsible for the efficient and proper maintenance of the Bar Library;

(3) Library Secretary will put the names of the members of Library Committee in the first meeting of the Executive Committee, constituted under Rule 68 of the Memorandum of Association, 2023;

(4) Library Secretary shall maintain the registers of the library;

22-B. Auditor. Auditor will exercise the powers as under:-

(1) To ensure the compliance of his duties delegated to him/her under the Act and the Rules framed thereunder;

(2) To prepare the report of record of the income and expenditure on quarterly basis;

(3) To forward the said report to the Finance Committee of the Punjab Bar Council, if he found some misappropriation, embezzlement or corruption etc in bar funds;

(4) To prepare the annual audit report of the Bar Association;

(5) To present the said annual audit report to the Executive Committee;

(6) To forward the audit report of chartered accountant to the Finance Committee of the Punjab Bar Council;

(7) To ensure that the annual audit of the Bar Association is carried out;

23. Vacancy. (1) If the office of the President and Secretary of any Bar Association becomes vacant during the existing term, prior to 30^th September of each year after election, then fresh election shall be announced by the chairman election board within 15 days and will announce the schedule of the fresh election for the said year (Remaining period).

(2) If new election board is not announced, then the election board constituted for the preceding elections shall perform its duties again for smooth process of the elections.

23-A. (1) If the office of an Office Bearer, except the President and Secretary, becomes vacant during the existing term, then the office bearer will be considered as elected in the following circumstances:-

(a) If the office of President becomes vacant during the existence of his term after 30^th September of existing year, the next higher to be elected as President, and in his absence, the next higher, as it is available. However, if the next higher get less than 10% of total casting vote in the election, then the vice president will be considered as president and exercise all the powers of president;

(b) If the office of vice president becomes vacant during the existence of his term, the next higher to be elected as vice president, and in his absence, the next higher, as it is available. However, if the next higher get less than 10% of total casting vote in the election, then the Executive Committee of Bar Association shall elect or choose vice president from members of Executive Committee for the remaining period, In such situation, he will exercise all the powers of vice president;

(c) If the office of Secretary becomes vacant during the existence of his term after 30 September of existing year, the next higher to be elected as Secretary, and in his absence, the next higher, as it is available. However, if the next higher get less than 10% of total casting vote in the election, then Joint Secretary will perform the duties of the Secretary for the whole remaining period;

(d) If the office of joint Secretary, library Secretary, finance Secretary, auditor becomes vacant during the existence of his term, the next higher to be elected as, and in his absence, the next higher, as it is available. In case of non availability, the Executive Committee of Bar Association will elect one of his member for this office for the remaining period;

(e) If the office of member Executive Committee becomes vacant during the existence of his term, the next higher to be elected as member Executive Committee. In his absence, the next higher, as it is available. In case of non availability, the president will nominate any bar member as member Executive Committee, who fulfills the requirements as per law and rules;

24. Executive Committee. There shall be constituted an Executive Committee, consisting of the following Members:--

(1) President

(2) Vice President(s)

(3) Secretary

(4) Joint Secretary

(5) Finance Secretary

(6) Library Secretary

(7) Auditor

(8) Member Executive Committee.

Provided that the Executive Committee shall not consist of more than ten (10) members.

25. Powers and Duties of Executive Committee. Executive Committee shall be the in charge and responsible for the affairs of the Bar Association. It shall have the following powers and duties:--

(a) To employ, suspend, reprimand and to dismiss an employee of the Bar Association;

(b) To fix or to modify their emoluments, grades, conditions of service, increments, special allowances;

(d) To perform under the Rule 23-A of the Memorandum of Association, 2023;

(e) To impose an emergent subscription of donation to meet extraordinary expenses;

(f) To maintain such establishment for the Bar Association as it may deem necessary;

(g) Executive Committee shall examine the statements of income and expenditure as and when it may deem necessary and shall submit report to the General House for its approval;

(h) Executive Committee or the President shall supervise to see cleanliness and hygienic condition of the Bar Canteen;

(i) Executive Committee shall enquire and report on all matters referred to it by the President relating to the conduct of the Members of the Bar Association, or of the Clerks / Munshis of members of the Bar Association or an employee of the Bar Association and shall ask the individual effected to appear before it, and shall refer the matter to the General House, if the decision of the Executive Committee is unconstitutional and relief is denied;

(j) To initiate proceedings against touts ;

(k) To check the record of the Library books;

(l) To ensure the medical facilities to the members in emergent condition;

(m) To establish a medical fund for the lawyer’s on permanent basis under the Punjab Advocates Welfare Fund Rules, 2022;

(n) To maintain the canteen for the lawyer’s, clerks and the litigants separately as convenient;

(o) To ensure the transfer of the already allotted chambers of the lawyers by the lawyers themselves or by their legal heirs as per his personal law, in a transparent manners to the lawyer’s, or delegate the powers to any executive member/ members or establish a committee of not less than three members from the Executive Committee in this regard;

(p) To examine the bar accounts and approved the monthly reports, quarterly reports and annual reports etc, stated the available balance amount and expenditure in bar accounts;

(q) To examine the audit reports produced by the auditor under Rule 22-B and Audit Reports under Rule 91 of the Memorandum of Association, 2023;

(r) Executive Committee shall also fix rates of commodities at subsidized rates, to be supplied to the Members in the bar premises;

26. Finance Secretary:-

(i) Finance Secretary shall prepare the budget, for the year showing expected income and expenditure for the whole year and put it in the meeting of the Executive Committee, within one month of the commencement of the term;

(ii) Finance Secretary shall prepare quarterly reports of the accounts of the Bar Association for the approval of the Executive Committee and display it on the notice board of the Bar Association;

(iii) Finance Secretary shall report for action to the President and Secretary, of any default or misappropriation found in the accounts;

(iv) Finance Secretary will provide all details and register of the bar funds to the Auditor, audit company or chartered accountant which may be;

27. Library Committee. The Library Committee shall consist of five members. The library Secretary will be the chairman of the committee and four senior Members of the Bar Association appointed by the Executive Committee in its first meeting. The library committee will be responsible:--

(a) To check all books issue-able and non issue-able;

(b) To check if the books are properly issued and received back in time;

(d) To put his suggestions regarding the purchase of new books for the Bar Association;

(e) To ensure the establishment of E-Library in the Bar Association and its working;

(f) To ensure the supply of the PLJ LAW SITE for the members of the bar, which is already provided by the Punjab Bar Council to all the Bar Associations in the province of Punjab free of cost;

GENERAL MEETINGS OF THE HOUSE

28. (1) A general meeting of the House shall be convened by the President for the disposal of all matters for which the approval or sanction of the general house is necessary under the Act or rules framed thereunder.

(2) Quorum of the general house meeting shall be 1/3rd of the total membership or 10% of total strength of Bar Association, as per the roll of the Bar Council relating to the concerned Bar Association, except the quorum mentioned in the other provisions of the Act and Rules framed thereunder.

(3) The presence of the bar members will be marked in the attendance sheet with their name and signature.

29. President and in his absence, the Vice-President, shall convene a meeting of the Bar Association requisitioned in writing by at least 100 members or 10 % of total membership of Bar Association, whichever is less. In case of a Bar Association having more than one thousand members, by 250 members or 10 % of total membership of Bar Association whichever is less. In case of District Bar Association, not less than five hundred members or 10 % of total strength of Bar Association which is less, on the roll of Punjab Bar Council, within seven days of the requisition. But, in case the requisitioned meeting is not convened within the seven days of the requisition, then any ten members of the requisitionists may fix the date which is not later than five days and also forward the proceedings to the Executive Committee of the Punjab Bar Council through registered post. Any two members out of said ten, may convene the requisitioned meeting and forward the whole proceedings to the Executive Committee of Punjab Bar Council for compliance of the said order / proceedings.

Provided that if the said proceedings related to financial corruption or misappropriation of the bar funds, then the Executive Committee Punjab Bar Council will initiate criminal proceedings against the related persons/office bearer under the provisions of the Act, rules and Pakistan Penal Code, 1860 through Secretary Punjab Bar Council or any other authorized person or any member of Bar Association concerned.

30. All authority under the rules shall vest in the General House of the Bar Association as considered by the Members assembled in the General House Meeting. The General House shall act through President and the Executive Committee, elected under the rules and Memorandum of Association, 2023.

31. The first meeting of the General House shall be convened through the Executive Committee within one month of the commencement of the term, and no later than the second Saturday of the February of the year. Finance Secretary, after approval of the Executive Committee of the Bar Association, shall present the annual budget of the Association.

32. The budgetary funds, so allocated, shall not be varied, reduced or increased except the prior approval of the Executive Committee and final approval of the General House.

33. The Annual General Meeting of the House shall be held in the third Saturday of the December every year for the approval of the report on the annual Accounts or budget reports and the performance of the Bar Association.

Provided that after annual general meeting, no construction work, lunch, dinner or any other function or work is permissible from the bar funds. Only routine expenditure, monthly salary of the employees of the Bar Association or any tea party is permissible from the funds of the Bar Association.

Provided that if members of the Bar Association want to hold any function or dinner or lunch etc, they can collect funds independently for these purposes.

34. Secretary shall place copies of all the relevant documents to be prescribed before the House a week before the discussion, and place the details on the notice board for the information of the members.

NOTICE OF MEETINGS

35. (1) Notice of not less than seven days, shall be given to members of the Bar Association for Special Meeting or General Meeting. Such notices shall be given by:--

(a) Pasting of the notice on the notice board of the Bar Association;

(b) By circulating the notice / book register to all the members of the Bar Association, giving the agenda of the meeting;

(2) Notice of meeting shall be given to members for an emergent meeting for a period not less than 48 hours.

36. Non-compliance of above procedure shall not render the proceedings of any meetings as irregular or void on account of failure of notice to any individual member.

QUORUM

37. (1) For the meeting of the Committee, the quorum shall be 1/3rd of total membership.

(2) For the meeting of the Executive Committee, ½ of the total membership.

(3) For the meeting of the General House of the Bar Association, the quorum shall be at least 100 members or 10 % of total membership of Bar Association, available on the roll of the Bar Council, whichever is less. In case of a Bar Association, having more than one thousand members available on the roll of Punjab Bar Council, by 250 members or 10 % of total membership of Bar Association whichever is less.

PROCEDURE AT THE SPECIAL, GENERAL MEETINGS OF THE HOUSE

38. All special or General Meetings under the rules shall be presided over by the President or in his absence by the Vice-President. In the absence of the both, it shall be presided over by the senior member elected by the members of Executive Committee of Bar Association present in the meeting.

Provided that in requisitioned meeting, procedure mentioned under rule 29 of Memorandum of Association, 2023 will be followed.

39. The President or the person presiding over a meeting shall have full authority to regulate the proceedings under the rules and to maintain order in such manner as he may deem fit.

40. All the proceedings of the meetings shall be recorded verbatim in the register by the Secretary and signed by the President or the member presiding.

41. All resolutions shall be determined by simple majority votes, when equally divided, the President shall have to cast the vote.

42. No resolution to question the conduct or character of any member of the Bar or to vary or add to or to amend any Rule of the Association shall be moved in House unless two-third members on its roll are present in special or general meeting convened for the said purpose. No resolution shall be deemed to have been carried or passed unless not less than three fourth of the members present shall have voted for the same.

43. In case any resolution is moved regarding the conduct of a member, the votes shall be by secret ballots. Ballots signed and dated by the President shall be distributed to the members present who shall write on the reverse of it “yes or no”. The members shall cast their individual votes in the ballot box. The decision shall be announced by the President who shall communicate it to the Punjab Bar Council if it is adverse to the member, for appropriate action.

44. All other matters brought before the General House shall be decided by simple majority and shall be binding on all the members of the Association. Such voting shall ordinarily be by show of hands except in any particular case the President or the majority of members present may decide this voting to take place by secret ballot.

ELECTIONS

45. (1) Only the following Bar Associations of lawyers shall function in Punjab:--

(i) In Province of Punjab, there may be High Court Bar Associations at principal seat and at the places of Benches of Lahore High Court.

(ii) In each District, there may be a District Bar Association; and

(iii) In each Tehsil and/or sub-division there may be a Tehsil or Sub-divisional Bar Association.

(2) No other Bar or body of lawyers shall be recognized except for the above Bar Associations.

(3) The Punjab Bar Council shall make rules regarding recognition / de-recognition and functioning of Bar Associations at High Court, District and Sub-divisional/Tehsil level.

45-A. Framing of Rules. The Punjab Bar Council being controlling and supervisory body shall frame rules for the recognition / de-recognition and functioning of the High Court Bar Associations, District Bar Associations and Tehsil Bar Associations.

45-B. Election dates of Bar Association:- (1) For the purpose of creating uniformity in holding of elections to different Bar Associations and in order to avoid exercise of dual right of vote by an Advocate, the elections of District Bar Associations and Tehsil / Sub-Divisional Bar Associations in Province of Punjab, will be held on one and the same day. Likewise the election of High Court Bar Associations throughout the Province of Punjab, shall also be held on the same day as under:-

(2) Elections of the District Bar Associations and Tehsil / Sub-Divisional Bar Associations in the Province of Punjab, shall be held on 2nd Saturday of January of each year, whereas the elections of each of the High Court Bar Associations in Punjab, shall be held on the last Saturday of February of each year.

45-D. Code of Conduct for contesting Election of Bar Association:-

(a) No prospective and/or contesting candidate or his/her supporter(s) shall canvass for votes through advertisement, banners, pla-cards, stickers, panaflex, hoardings, calendars, dairies, key-chains and posters etc. He/She may, however, solicit support through personal contact and by issuing letters and visiting cards of the maximum size of 3x5 inches on which he/she may also display his/her photograph.

Provided that no prospective and/or contesting candidate or his/her supporter(s) shall use or show of any kind of weapon during election campaign or on the day of election.

Provided that no prospective and/or contesting candidate or his/her supporter(s) shall canvass for votes by approaching a voter, directly or indirectly, at his/her residence.

(b) No meal / lunch / dinner by a contesting candidate or his supporters will be given to voters directly or indirectly in connection with election campaign.

Provided further that any type of party outside the Bar premises, even at any restaurant / hotel, buffet lunch or dinner, is prohibited and Election Board may take action against the said candidate, including the cancellation of his nomination papers.

Provided further that any invitation on paper / card or on social media etc will be considered as valid proof.

Provided further that any application regarding the violations of the election rules, may be moved to the election board or Executive Committee of the Punjab Bar Council, prior to the announcement of the election schedule.

(c) To promote the professionalism, any transfer of amount to any advocate or his relatives or next friend through, inter alia, Easy-paisa, Mobile account or Bank account etc for vote and support in election, will be considered as bribe in election and be considered as evidence of the same. Election Board may receive the application, probe it and forward it to the Executive Committee of the Punjab Bar Council for appropriate legal action.

(d) Executive Committee of the Punjab Bar Council on any application or reference forwarded by the election board, may suspend his name on the roll of the Punjab Bar Council and will forward its case to the Disciplinary Committee of the Punjab Bar Council for further legal action of professional misconduct.

(e) It shall be the pre-requisite that contesting candidate for an office of Bar Association is purely a professional and practicing advocate and is member of the Bar Association concerned, and that the following criteria is strictly met:-

Post	Length of Practice
President	(i) 8 years in case of Tehsil / Sub-Divisional Bar Association; (ii) 10 years in case of District Bar Association; (iii) 15 years in case of High Court Bar Association;
Vice-President	(i) 6 years in case of Tehsil / Sub-Divisional Bar Association; (ii) 8 years in case of District Bar Association; (iii) 12 years in case of High Court Bar Association;
Secretary	(i) 5 years in case of Tehsil / Sub-Divisional Bar Association; (ii) 7 years in case of District Bar Association; (iii) 10 years in case of High Court Bar Association;
Other offices i.e. Finance Secretary Joint Secretary Auditor Library Secretary Member Executive Committee	03 years

Explanation:-

(i) To meet the requirement of being a professional Advocate it will be mandatory that a candidate shall file a written proof, duly certified by the competent officer of the concerned court, as to his/her appearance in the cases on behalf of any of the parties, which he/she has independently conducted during the preceding three years as per the following schedule:-

Office	Bar Association	Cases per year relating to preceding 3 years
President	High Court Bar Association	15 cases for each year
	District Bar Association	10 cases for each year
	Tehsil / Sub-Divisional Bar Association	05 cases for each year
Other offices i.e. Finance Secretary Joint Secretary	Any Bar Association	02 cases for each year
Auditor Library Secretary Member Executive Committee

(ii) The length of practice as mentioned above means practice as an advocate of Subordinate Courts for contesting election against an office of the District Bar Association and Tehsil / Sub-Divisional Bar Association and practice as an advocate of the High Court for contesting election for an office of the High Court Bar Association;

(iii) Any violation of clause (a), (b) and/or (c) above, shall be treated as “misconduct” disqualifying / disentitling the prospective and/or contesting candidate to contest election for a seat of the Bar Association concerned.

(f) The period or length of strength, which is required to contest the election of the Bar Association under rule 45-D of memorandum of association, will be counted by the date on which date, he became the member of the Bar Association, in which, he is willing to participate the election.

(g). Rule 45-D (f) will not be applicable to the advocate who took the membership of the concerned Bar Association from the beginning (on the roll of Punjab Bar Council).

(h) Rule 45-D (f) will not be applicable to the new created / recognized Bar Association for period of five years only of recognition of the new Bar Association.

46. Nomination of the Election Board. (1) The President of the concerned Bar Association shall nominate within three months of his election, the Chairman and four members of the Election Board, two of whom would be the immediate former Presidents of the concerned Bar Association, duly qualified as per requirements of sub-rule (2), and the Board so nominated shall look after and deal with all matters necessary for and ancillary to, for ensuring holding of fair, free and transparent election of the Bar Association concerned:

Provided that in case of non-availability of two immediately former Presidents, the next immediate Bar President will be the member of the election board. President will get their written consent in this regard from the Chairman and Members of the election board:

Provided further that in case of establishing new Bar Association, the members of concern bar, who has the standings as an Advocate for 10 years, will be the members of the election board:

(2) The qualifications for the Chairman and Members of the Election Board, for holding election of a Bar Association, shall be as under:-

(a) For the election of District and the Tehsil/Sub-Divisional Bar Association, the Chairman shall have the standing as an Advocate of the lower Courts for 15 years whereas the Members for 7 years; and

(b) For the election of the High Court Bar Association the Chairman shall have the standing as an Advocate of the High Court for 15 years whereas the Members for 10 years;

(3) Election Board shall ensure that requirements of Rule 45-D, are implemented by all concerned, in letter and spirit, and in case a candidate or his/her supporter/s is/are found delinquent and violating requirements of the said Rule, it may file a reference to the Punjab Bar Council for action against him/them in accordance with the Rules.

(4) If serious allegation leveled against the Chairman or any Member of Election Board, prior to the election of the Bar Association, Executive Committee of Punjab Bar Council may appoint an observer from the Members of Punjab Bar Council, or an Advocate who has at least fifteen years experience / standing of practice, for conducting fair and transparent election of the Bar Association. The observer will also submit his report along with copy of the result of the election before the Executive Committee of Punjab Bar Council within three days positively.

(5) If serious allegation raised against the election board relating to the election affairs, Executive Committee of Punjab Bar Council may pass an order, including the suspension of the practicing license of Chairman or Member Election Board and forward the said, to the Disciplinary Committee of Punjab Bar Council for further legal proceedings as per Act and the Rules framed thereunder.

(6) If Chairman or Member of Election Board is an advocate of Supreme Court, then Executive Committee of Punjab Bar Council with all necessary documents or reports, forward the case for disciplinary action to the Executive Committee of Pakistan Bar Council.

46-A. Preparation of list of eligible voters.

1. Executive committee of the Punjab Bar Council will prepare the list of eligible voters of District Bar Associations and Tehsil Bar Associations with the assistance of the President and Secretary of the concerned Bar Association.

(i) List of advocates enrolled on the roll of Punjab Bar Council till 30th June of each year of concerned Bar Association, will be forwarded by the Executive Committee of Punjab Bar Council to the President of the concerned Bar Association till 15th July, who registered through “Quick Sahulat” arranged by Punjab Bar Council;

(ii) President and Secretary will display the said list on the notice board of the Bar Association till 20th July;

(iii) President and Secretary will prepare list of defaulters, deceased advocates, salaried employees and the new enrolled advocates (till 30th June), who did not get the membership of the Bar Association concerned. Said list will be displayed on the notice board of the Bar Association till 20th July;

(iv) After clearance of the dues by the defaulters, the list of eligible voters will be displayed on the notice board of Bar Association by the President till 31st July;

(v) President and Secretary will return voter list with certain corrections, while mentioning the names of the deceased advocates, salaried employees, defaulters and the new enrolled advocates, who did not get the membership of the Bar Association concerned;

(vi) Executive committee of the Punjab bar council will finalize the voter list till 31st August of each year;

(vii) An aggrieved advocate may file an appeal to the Executive Committee of Punjab Bar Council for correction of any error in the voter list of the concerned Bar Association for the purpose of correction and rectification of any mistake relating to voter list till 15th September;

(viii) Executive Committee of Punjab Bar Council will furnish final voter list and forward it to the President of the Bar Associations;

(ix) President shall bound to paste the final voter list prepared and approved by the Executive Committee of Punjab Bar Council on notice board of the Bar Association;

2. Executive Committee of the Punjab Bar Council may issue directions regarding the election affairs to the President or Secretary or Election Board according to the Act and the rules framed thereunder.

3. Correction of vote will not be made effective after getting membership of any Bar Association. However, an Advocate will apply for transfer of vote as per rules.

4. If an Advocate does not get membership of any Bar Association, he may approach to the Executive Committee of Punjab Bar Council for correction of voter membership of Bar Association mentioned on the licence or on his identity card, issued by the Punjab Bar Council. After six months of the date of issuance of licence, an advocate will not entitle for any correction of his membership.

5. Advocate will pay fee of Rs.5000/- (prescribed fee) as correction fee and Rs.1000/- for new/fresh card.

6. No correction, addition or deletion will be made effective, after 30th September in the final voter list.

46-B. Right of vote:-

(1) Every member of Bar Association will have the right of vote in the election of Bar Association, who has enrolled himself/herself till 30th June of each year on the roll of Punjab Bar Council, in the concerned Bar Association.

(2) In case of the transfer of vote or restoration of vote or correction of vote, the advocate shall appear before the Executive Committee of Punjab Bar Council, its fresh photo will be taken in the concerned office of Punjab Bar Council attested by one member of the Executive Committee of Punjab Bar Council.

(3) If an advocate wants to transfer his /her vote in other Bar Association, will adopt all the procedure under the rules and will submit the application after two years. The period of two years will be counted from the diary number and date allotted by the Punjab Bar Council. Office of Punjab Bar Council is duty bound to transfer his/her vote in the transferee Bar Association.

(4) In case of transfer and correction of vote, if name of an advocate/voter is not mentioned in the voter list, then the advocate may file an application to the Executive Committee of Punjab Bar Council. Executive Committee will entertain the application of the advocate and will pass the appropriate order for adding his/her name in the voter list of the concerned Bar Association.

(5) In Case of transfer of name of a voter/member from one Bar Association to another Bar Association, the transferee member/voter will be eligible to cast his/her vote in election of the Bar Association to which he/she gets his/her name transferred, only after expiry of two years.

(6) Every advocate registered on “Quick Sahulat” on the website of Punjab Bar Council may cost their votes in the election of Bar Associations.

(7) Only verified advocate through “Quick Sahulat” be entitled to cost their vote in the elections of the Bar Associations.

47. (1) On any complaint against the Election Board, Executive Committee of Punjab Bar Council may constitute fresh election board while considering the eligibility of the election board mention in rules:

(2) In case of re-election under the Rules, Election Board constituted, shall continue to function till the final results of the Election.

48. All issues shall be decided by majority and all proceedings shall be in writing and open to inspection by any member of the Bar, after the final decision of the Election Board.

49. Election Board shall maintain secrecy of ballot and shall assure its free and voluntary exercise of the right to vote.

50. (1) Election Board shall follow the schedule of the Annual Election announced by the Executive Committee.

(2) Election of the Bar Association will be conducted through manual system. However, where bio-metric system or Quick Sahulat or Nadra verification system or any other electronic or modern devices mode/facility, has been provided or approved by the Punjab Bar Council, then, elections of Bar Associations will be conducted by bio-metric system or Quick Sahulat or other Modern system preferably.

(3) In case of the bio-metric election or Quick Sahulat or election through modern devices / techniques, the election board will formulate the procedure of election process with the consent of the contesting candidates. One copy of said procedure / process be delivered to the Executive Committee of the Punjab Bar Council.

(4) Said procedure be displayed on the notice board of the Bar association. One copy of the said procedure / instructions be handed over to all the contesting candidates.

(5) If any contesting candidate is feeling aggrieved relating to the procedure, he may approach to the Executive Committee of Punjab Bar Council within seven days.

51. The contesting candidate for an office shall be proposed and seconded in writing by an eligible voter of the concerned Bar and accepted in writing by the candidate with signature and date.

52. A proposal shall relate only to one candidate and shall be invalid if it relates to more than one.

53. The contesting candidate himself on his proposer or seconder shall submit the nomination paper or papers to the Election Board. Election Board shall note on each proposal as soon as it is received, its number as well as the time and the date on which it is received.

54. Election Board, after the expiry of time fixed for submission of the nomination papers shall paste on the Notice Board complete list of nomination papers received for each office, the name of the contesting candidates, their proposer and seconder and the time of receipt of every such nomination.

55. On the date and time fixed in the Schedule, Election Board shall scrutinize and examine all the nomination papers for all the office holders in the presence of contesting candidates or their proposer or seconder of the candidate or duly authorized agents of the contestants.

56. Election Board shall accept the nomination papers of the candidates, if these were found correct. Election Board shall display the list of candidates, having valid nomination papers on the notice board.

57. A candidate may withdraw his candidature before the poll.

58. The candidate for the office, for which there is no other contesting candidate and his nomination have been accepted as valid nomination, the candidate shall be declared as elected for that office by the Election Board. Chairman election board will forward the list of un-opposed office bearer to the Executive committee Punjab Bar Council within three days positively.

59. Election Board shall arrange the secret ballot papers, with name of the contesting candidates as enrolled as an Advocate in the Punjab Bar Council and the ballot box for each office in the manner deemed fit and proper by the Election Board.

60. (1) On the date and time fixed for the election poll, chairman and members of the election board will act as presiding officers.

(2) In case of large strength of the eligible voters in the Bar association, the election board may seek the help of lawyers or court staff as presiding officer / Polling officer and assistant presiding officers.

(3) Election board is empowered to write down/approach the registrar Lahore High Court or Additional Registrar or Deputy Registrar, for the assistance and working of court staff as presiding officer and assistant presiding officers.

(4) In case of election of District Bar Association or Tehsil Bar Association, the election board may approach to the District & Sessions judge concerned, for the assistance of court staff as working presiding officer and assistant presiding officers.

(5) In case of working of staff of the court, as presiding officers etc, the said staff is duty bound to act under the directions of the election board.

(6) Before the start of polling, Election board or presiding officers will show the empty ballot boxes to the contesting candidates or their authorized polling agents and after this, seal the ballot boxes in the presence of the contesting candidates, or their authorized agents.

(7) Election board or presiding officer will receive the “Authority letter” of the contesting candidate for his polling agents, if allowed.

(8) Election board or presiding officers will give each and every eligible voter, a ballot paper, signed by the chairman election board and one member election board or two member of election board with stamp of “ELECTION BOARD District/Tehsil Bar Association, (NAME OF CITY/Bar association)”.

(9) If the Lawyers or the court staff is performing duties as presiding officers, the presiding officer also put another stamp of “PRESIDING OFFICER” and also put his signature.

(10) If the signature and stamp of the election board and presiding officer is missing on the ballot paper, the said ballot paper can not be counted in the result.

(11) During the election process, the presiding officer may exercise any power, which is delegated to him under the Act, Rules framed thereunder, directions issued by the Executive committee of Punjab Bar Council and the instructions of the Election board.

(12) Presiding officer will check the name of the eligible voter member in the voter list issued by the Punjab Bar Council, his identity card issued by the Pakistan bar council or Punjab Bar Council, along with his C.N.I.C or his passport or computerized driving licence.

(13) Presiding officer will get the signature of the voter on the ballot paper sheet and deliver a ballot paper to the voter.

(14) Presiding officer will maintain the secrecy of the ballot.

(15) In case of any objection regarding the ballot paper, Election Board will decide the said issue in the presence of the candidates or their authorized agents. However, election board will keep the disputed ballot papers separately, even after final counting.

(16) If any person try to use forged identity card, C.N.I.C or any other document for casting the vote of the eligible voter member of the Bar Association during the election process, then the chairman election board shall, after probe, refer the matter to the concerned police station for registration of criminal case under the offence of cheating by impersonation and other provisions of the Act, rules framed thereunder and Pakistan Penal Code, 1860.

(17) If the said person is an Advocate, then the chairman election board shall refer the matter to the disciplinary committee of the Punjab Bar Council for initiating the proceedings of professional misconduct. In such situation, the Disciplinary Committee of Punjab Bar Council will suspend the practicing licence of the said advocate, till the completion of the proceedings.

(18) Before poll of the vote, the voter will have to produce his/her identity card issued by the Pakistan Bar Council or Punjab Bar Council, along with his/her CNIC or Passport or Computerized Driving License issued by the competent authority.

61. (1) The eligible voter shall cast his vote for each contesting office bearer secretly and with full sense of responsibility to the prestige, honour and independence of profession.

(2) Each such voter shall get ballot paper giving the names of each contesting candidates for each office and the eligible voter shall be required to cross mark (i.e., “X”) for his choice of candidate for each office.

62. (1) At the end of the polling time, the election board, under the chairman elections board’s supervision, shall collect the remaining ballot paper books, stamps and other allied materials of the election, and seal them separately.

(2) Election board will open the sealed ballot boxes in the presence of the contesting candidates, or their authorized agents, and thereafter start counting.

(3) Election may be on more than one seat, so election board may count the ballots papers of every seat separately in the presence of the contesting candidates or their authorized polling agents.

(4) After completion of the counting process, the election board or presiding officer will get the signature of the contesting candidates or their authorized agents.

63. (1) After counting votes for each office, Election Board shall immediately report in writing the result to the President who shall immediately announce it. The President shall display, or cause to be displayed the result on the notice board and forwarded it to the Executive Committee of Punjab Bar Council immediately.

(2) Result will be compiled in written form by the presiding officers or election board. The signature of the contesting candidates or their polling agents or authorized agents will be taken on the result sheet.

63-A. (1) Expenditure of election process will be borne by the contesting candidates. Executive Committee of Bar Association with consultation of election board will fix the election fee against each contesting seat, while considering the expected number of candidates and expenditure.

(2) All expenditure of the Election process will be used by Election Board.

(3) Election Board cannot spend any amount regarding Lunch or Dinner etc for voters or members of the Bar Association.

(4) All expenditure of the Election process with report will be forwarded to the Executive Committee of the Bar Association.

(5) Secretary will mention all income and expenditure of the election in the minutes book of the Bar Association.

(6) After taking oath of new regime / elected Executive Committee of Bar Association, election board will hand over the expenses sheet, along with any saved amount, or any due amount with bill to the new elected Executive Committee within 30 days of election date.

(7) President of Bar will submit the income & expenditure report to the Finance Committee of the Punjab Bar Council, verified by the Chairman Election Board.

ELECTION PETITIONS

64. On the application of any eligible voter that there is reasonable evidence that elections as a whole or election of particular office is void, Executive Committee of Punjab Bar Council shall, with or without an application or complaint in this behalf, inquire into the allegations and decide the issue after giving full opportunity of hearing to the parties concerned.

65. The Election as a whole or the election of individual member shall be declared void under the following circumstances:--

(a) If it has been established that the candidate or with his connivance or consent someone or an eligible voter had paid on behalf of eligible voter or eligible voters of Association his annual or part of annual subscription or any amount due from such voter or voters;

(b) The candidate or with his connivance or consent, an advocate or person, not being on the roll of Bar Association previously, got admitted as eligible voter prior to the date of election on payment with an intent to secure a vote;

(d) The candidate or his proposer or seconder was debarred from the use of library books for reasons of loss or damage of books or for failure to return them in time fixed by Library Sub-Committee;

(e) Where the election rules or any instructions or orders issued by the Executive committee of Punjab Bar Council have been violated;

66. In case the election as a whole has been declared void or the election of a particular office bearer has been set-aside, re-election shall be held within 21 days in accordance with the rules except in the case where the Executive Committee of Punjab Bar Council passes any order/directions in this regard. In such case, the existing election board will conduct / supervise the election process.

67. (1) If the annual election is not held according to the rules, all Office Bearers of the Bar Association shall cease to hold office and thereafter any act done by or any action taken by them or any one of them shall be illegal and void.

(2) Under abovementioned circumstances, chairman Election Board may forward the complete situation to the Executive Committee of the Punjab Bar Council. Punjab Bar Council will nominate any bar member as interim President and Secretary, who have the qualification according to the rules to be elected as President and Secretary.

(3) Executive committee of Punjab Bar Council itself or on requisition of member Punjab Bar Council or on application of any member of Bar association will nominate, the interim president for conducting the election only for period of one month.

(4) Interim President and Secretary shall exercise all the powers of president and secretary under the Rules for smooth working of the affairs of the Bar Association and to ensure free, fair and transparent elections.

(5) Interim President will also exercise the powers under Rule 46 of Memorandum of Association, for constitution of the election board, if necessary.

(6) Election so held, shall be valid election of the office bearers of the Bar Association.

(7) Interim President and Secretary will cease to hole the offices thereafter.

(8) Interim President and Secretary will hand over the charge to the newly elected President and Secretary.

(9) No interim setup can extend his period mentioned above.

LIBRARY RULES

68. (1) The Library Committee shall be responsible for the efficient and proper maintenance of the Bar Library and for effective control of it according to the Rules.

(2) The Library Committee shall consist of five members. The Library Secretary will be the chairman of the committee and four senior Members of the Bar Association, appointed by the Executive Committee of Bar Association in his first meeting.

69. The Committee shall check all the books and registers after every three months and shall submit its report to the President regarding the efficiency of the library, books lost or damaged and the member or members responsible for such loss or damage and the action taken against the member under the Rules.

70. The Sub-Committee shall classify books:--

(a) To be issued to members for study in the library as “Texts”;

(b) Books to be issued and removed from the library for reference of citation before the Courts as “Reference Books”.

The following books shall not be removed from the library and be classified as Texts.

(a) (i) All Texts,

(ii) All Digests.

(b) All Journals and reports shall be classified as “Reference Books” i.e. PLD, PLJ, PCrLJ. SCMR, CLC, MLD, YLR, CLD, PLC, PTD, Law Notes, AIR Civil Cases, NLR, KLR, PSC, PSC(Criminal) etc.

71. (1) The librarian shall issue books to the members on their library cards or Punjab Bar Council card which shall be issued to all the members of the Association or according to the directions of the President or the decision of the Library committee of Bar Association.

(2) The Library Secretary or librarian shall issue books classified as “Text” but shall not permit them to be removed from the library. The books classified as “Reference Books” shall be issued to members and shall be allowed to be removed from the library, as per decision of Library Committee.

72. The member shall be allowed to keep books issued to him classified as “Reference Books” for the three days after which a fine of ten rupees shall be levied for each book per day.

73. (1) The member shall be responsible for the up-keep of books issued to him and for its return to the librarian within the specified time.

(2) The member shall be responsible for the books lost or damaged for which he shall be liable to replace the books or to pay its price which shall be determined by the Library Secretary or Library Committee.

74. The librarian shall report to the Library Secretary or Library Committee of the member contravening any rule contained herein, or failing to return the books issued to him within a week of the date of its issue or failing to replace the books lost, to pay its price as determined by the Library Secretary or Library Committee.

75. On the report of the librarian, the Library Secretary or Library Committee shall declare the member not to be entitled to the issue of the library books until he complies with the Rules or returns the books or replaces them or pays their price.

76. The librarian shall not issue any book to the defaulting member or “declared defaulter”.

77. The Library Secretary or library Committee shall publish the list of defaulting members and display it on the notice board. The Library Secretary or Library Committee shall supply the list of defaulting members to the Secretary for the preparation of eligible voters list.

78. All the fines imposed under the rules or price of books, lost or damaged shall be treated, added and realized as an arrear of the Bar Association for the proposes of debarring the member from the Association and for further action under the Act and the rules framed thereunder by the Bar Council. The Librarian shall maintain a register, to be called the “Fine Register” for fine realized or money credited for books damaged or books lost by the defaulting members.

79. No member shall be entitled to the issue of any library book if he is declared as the defaulter under the Act and rules framed thereunder.

80. No book shall be issued to the member if the librarian has reasons to believe that the book is intended for the use of
the defaulter or “declared defaulter”. The librarian shall inform such cases to the Library Secretary or Library Committee for immediate action.

81. The librarian shall maintain the following Registers:--

(1) Register of Texts.

(2) Register of Digests.

(3) Register of Reference Books.

(4) Register of Various Journals and Reports.

(a) PLJ

(b) AIR

(d) SCMR

(e) PLR

(f) DLC

(g) PTD

(h) PLC

(i) PLS

(j) PCrLJ

(k) CLC

(I) NLR

(5) Register of Fines.

(6) Register of Defaulter Members.

82. The librarian shall enter all new books gifted or purchased by the Bar association or Library Committee in various registers and circulate their titles to all the Members for their information and display the list of new arrivals on the Notice Board of the Library.

83. (1) Librarian will ensure the numbering of books, purchased or gifted, and thereafter affix stamp of the Bar Association.

(2) Library Secretary will prepare an annual report of the books and the performance of the Library Committee and produce it to the Executive Committee.

84. (1) Library Secretary will hand over the register of stocks/available books to the newly elected Library Secretary.

(2) If a reasonable number of books are found to be missing, then the previous Library Secretary shall be responsible of the missing books.

(3) Newly elected Library Secretary will prepare report while mentioning the details of the missing books and may forwarded it to the Executive Committee of Bar Association as well as PLJ Committee of Punjab Bar Council.

(4) Executive Committee of Bar Association may direct the previous / outgoing Library Secretary to provide the missing books or new books against the missing books within 15-days. If missing books is not provided then the President will refer the case with complete record/report to the PLJ Committee of Punjab Bar Council for further legal action.

(5) PLJ Committee of Punjab Bar Council will probe the issue of missing books, examine the record. PLJ Committee of Punjab Bar Council may call the report from the President and Secretary of the Bar Association with record.

(6) PLJ Committee of Punjab Bar Council may direct the previous / outgoing Library Secretary to provide the books or new books against the missing books.

(7) PLJ Committee may imposed fine on the Library Secretary on the allegation of missing books.

(8) PLJ Committee may refer the matter to the disciplinary Committee of Punjab Bar Council regarding professional misconduct.

ACCOUNT

85. Every Bar Association will run bank accounts, through concerned elected President and Secretary jointly.

86. All the expenses related to the affairs of the Bar Association shall be paid through cheques, unless otherwise ordered, for reasons to be recorded in writing, by the President or Secretary.

87. (1) Bar Association will manage the accounts of the Bar Association through a cash book register maintained by the Bar Association, which will be signed by the President and Secretary at the end of every month.

(2) The receipt of all cash and cheques for credit to the funds of the Bar Association shall be entered on the receipt side of the cash book as soon as the receipt is issued. The disbursement of all money from the funds of the Bar Association shall be entered on the expenditure side of the cash book as soon as the disbursement is made.

(3) At the end of each day the total of the amount received and spent during the day shall be worked out and a balance be struck.

(4) All entries in the cash book shall be checked by the Secretary, item by item, with reference to the receipt and expenditure vouchers and in token of check, the cash book shall be signed by the secretary.

(5) Secretary Bar Association will receive the monthly bank statement from the concerned bank of all bank accounts and will produce it before the Executive Committee. Secretary will maintain a separate finance register of said monthly account statements and will hand over to the newly elected secretary after end of the tenure.

88. (1) Finance Secretary of the Bar Association look into the account of register on weekly basis and submit his report in the Executive Meeting of the Bar Association on monthly basis.

(2) Finance secretary will prepare the annual budget, quarterly reports and reports of action of any declaration or misappropriation found in the accounts and produce the report to the Auditor who ensure the annual audit of Bar Association as per rules.

89. Finance Committee of the Punjab Bar Council will take up the matter on the complaint of the Executive Committee or any application of the concerned Bar Member.

90. On receiving the application relating to the corruption in Finance of the Bar Association, Finance Committee shall inquire the matter, and pass the order of audit, internal, external and forensic, of the Bar Association concerned.

91. Annual account report. (1) Finance Secretary or Auditor of High Court Bar Association will produce the annual account report before the Executive Committee of Bar Association for approval. After approval from Executive Committee, President and Secretary will produce it in general house meeting for general approval. President and Secretary will forward the same to the Finance Committee of Punjab Bar Council till 1^st Saturday of February of each year.

(2) Finance Secretary or Auditor District Bar Associations and Tehsil Bar Associations will produce the annual account report before the Executive Committee of Bar Association for approval. After approval from Executive Committee, President and Secretary will produce it in general house meeting for general approval. President and Secretary will forward it to the Finance Committee of Punjab Bar Council till 3^rd Saturday of December of each year.

(3) The Bar Associations are duty bound to get audit of accounts through a reputed auditor.

(4) The Bar Associations, having more than fifty lacs rupees income balance (Income and expenditure), is duty bound to get audit of accounts through any chartered accountant.

(5) If any corruption or misappropriation of the bar funds proved in the annual audit report prepared by the auditor of the Bar Association, then the President and Secretary will forward the said report to the Finance Committee of the Punjab Bar Council forthwith for further legal action.

(6) Finance Committee Punjab Bar Council may pass the order of second audit through another chartered accountant firm, who having satisfactory (QCR RATING) international standards on accounting as adopted in Pakistan on the expenses of Bar Association.

(7) Finance committee of Punjab Bar Council will take legal action as per the provisions of the Act the rules framed thereunder and Pakistan Penal Code, 1860.

(8) If any bar member move an application to the President, regarding any corruption, embezzlement or misappropriation in bar funds etc, the President shall present it in next Executive Committee meeting for further action. Executive Committee will formulate a committee to probe the matter. The Auditor and Finance Secretary will be the member of the said committee. The report of said committee will be forwarded to the Finance Committee of Punjab Bar Council for further legal action.

(9) If newly elected body of Bar Association receives any application regarding the misappropriation, embezzlement or corruption in the bar funds, Executive Committee of Bar Association may pass an order of audit of accounts and forward the audit report with the whole proceedings of the Executive Committee to the Finance Committee of the Punjab Bar Council for further legal action as per the provisions of the Act the rules framed thereunder and Pakistan Penal Code, 1860.

(10) Finance Committee of Punjab Bar Council will issue a notice to the concerned advocate/office bearer for personal appearance and written reply with all relevant record/documents.

(11) Finance Committee of Punjab Bar Council will complete his proceedings within three months positively.

(12) Bar funds are as sacred as our homeland, so, any misappropriation in the Bar funds, amounts to “Professional Misconduct”.

(13) Finance Committee of the Punjab Bar Council, may suspend the practicing licence of the concerned Advocate/Office Bearer and send the case to the Disciplinary Committee of Punjab Bar Council for further proceedings.

(14) In case of any violation of the provisions of Act and Rules framed thereunder, by any office bearer, he/she shall be liable to be prosecuted as per the provisions of the Act, the rules framed thereunder and Pakistan Penal Code, 1860.

92. Any grant etc will be deposited in the bar accounts only. Depositing the amount of any type of grant etc given/delivered by any government or semi government or any other public or private person or entity in the account of any office bearer or any other person shall be prohibited, which shall render the accused liable to be prosecuted under the Act, the rules framed thereunder and Pakistan Penal Code, 1860.

93. (1) Cycle stands, motor cycle stands, canteens and other related units in the Bar Association shall work under the control of the Executive Committee of Bar Association. Said contracts will be auctioned publicly in open house of the Bar Association. Prior to seven days of auction proceedings. Executive Committee of the Bar Association will publish it in the daily newspaper, (if amount of auction is more than one lac) and display notice of auction proceedings on the notice board of the Bar Association.

(2) Executive Committee of Bar Association may constitute a committee amongst the member of the Executive Committee for the auction proceedings etc.

(3) Executive Committee will mention the details of auction in the minute book and also ensure the transparency in this matter.

(4) The utilization of bar funds of any kind or grants etc for his/her own accord by the office bearer amounts to criminal breach of trust defined under section 405 PPC and shall be liable to be prosecuted.

(5) Any misappropriation in the proceedings of auction etc by any Office Bearer shall be illegal and liable to be prosecuted as per the provisions of the Act, the rules framed thereunder, and the Pakistan Penal Code, 1860.

(6) Punjab Bar Council may remove any member or office bearer of High Court Bar Association, District Bar Association or Tehsil/Sub-Divisional Bar Association in the Province of Punjab for commission of professional misconduct.

94. (1) Finance Committee of Punjab Bar Council may take any assistance from the office of Auditor General of Pakistan, Finance Secretary Punjab or any government official through Chief Secretary Punjab in Committee’s proceedings.

(2) Finance committee of Punjab Bar Council may take any step during the proceedings, as it thinks fit, to reach at the fair and just conclusion of the proceedings.

95. At the end of the elected year, the President and General Secretary will publish a balance sheet of income and expenditure on the notice bound of the Bar Association.

ALLOTMENT OF CHAMBERS

96. Allotment of Chambers of Bar Associations. (1) Whenever the allotment or construction of chamber/seat is necessary in the Bar Association, then the High Court Bar Association, District Bar Association and Tehsil Bar Association will constitute an “allotment and construction committee” comprising of one Chairman and four members, Details are as under:

(i) Two Sitting Members of Punjab Bar Council of the concerned District, who had taken the highest votes in Punjab Bar Elections, will be the members of the Committee. The Senior Member Punjab Bar Council of the concerned District, will be the Chairman of the Committee. Where only one Member Punjab Bar Council in the District, then the immediate Ex-president of the concerned Bar Association, will be the Member of the Committee;

(ii) Sitting President of the concerned Bar Association;

(iii) Sitting Secretary of the concerned Bar Association;

(iv) One immediate Ex-president of the concerned Bar Association;

(2) In case, the immediate Ex-president is not available then the next immediate Ex-president will be the Member of the Committee. Written consent or written refusal is necessary.

(3) President of the concerned Bar Association prior the announcement of allotment chamber plan, will announce the name of the Chairman & Members of the Committee and will display it on the notice board. President also convey Executive Committee of the Punjab Bar Council in this regard within seven days positively.

(4) Meeting of the allotment and construction committee will be called by the Secretary of the concerned Bar Association as a Member of the committee, on the directions of the Chairman Committee within seven days of establishment of allotment and construction committee.

(5) In case of failure of calling the meetings by the Secretary, Chairman shall himself call the meeting of the committee. Notice of meeting shall be delivered to the Members of the Committee through written notice, telephonically or text message or Whatsapp message within seven days. Agenda of meeting shall also be delivered.

(6) Meeting of allotment and construction committee will be held in the Bar premises of the concerned Bar Association, where chambers are being constructed/allotted.

(7) The proceedings/minutes of the meeting will be recorded in writing and be approved in the upcoming meeting of the committee. Minutes of the meeting will be sent to every member of the committee. Secretary will also endorse the minutes in the minutes book of Bar Association.

(8) The quorum of the meeting shall be comprised of at least three members for conducting the proceedings. In case of non-cooperation by the members of the committee regarding absence in three consective meetings, the chairman shall refer the matter to the Executive Committee of Punjab Bar Council for further appropriate orders.

97. (1) Allotment and construction committee shall decide and announce the schedule of the allotment of the chambers in its 1st meeting.

(2) After announcement of the schedule, a separate joint account shall be opened with the signatures of the Chairman Committee as well as the President of concerned Bar Association. If bank account already exist regarding construction of the chambers, which is being operated, said bank account shall be deemed to be operated by the newly appointed Chairman of the allotment and construction committee and President. President shall send the name with specimen signatures to the concerned Bank.

(3) Applications in written forms alongwith affidavit will be submitted before the committee. Advance amount and full payment of the chambers, will be deposited in the above said account through bank voucher. No cash amount will be accepted.

(4) The committee will issue the schedule of the payment of the chamber.

(5) Any donation / grant given by the judiciary, Executive, public institution or any public or private company or private person etc, will be disbursed through the allotment and construction committee.

(6) The construction of the chambers will be done according to the decision of the committee.

(7) Written agreement for the construction will be done after approval of the committee with constructor, contractors or bidder etc. Written agreement between the committee and constructor will be accepted. No oral agreement is allowed.

(8) Committee shall decide the whole expenditure for the construction of the chambers. Committee also decide and announce the cost of one chamber. The said cost shall be placed on the notice board of the Bar Association.

(9) Auction proceedings shall be done publicly by committee in General House.

(10) In case of receiving more applications, the allotment of the chambers will be made through manual draw (پرچی/قرعہ اندازی) in General House under the command of committee.

(11) Final list of allottees will be pasted on notice board of the Bar Association, immediately on the same day, verified and attested by the committee.

(12) Auction amount will be decided by the committee on basis of the principle “No Profit No Loss”.

(13) Funds of Bar Association shall have no concern with the said account of allotment and construction committee.

(14) A professional consultant shall be engaged by the committee before the construction of the chamber, who shall approve the map of the chambers as well as supervise the construction of the chambers.

(15) If any amount was saved after the construction/ allotment of the chambers, then the remaining amount will be disbursed amongst the allottees as per their share proportionately.

98. Disqualifications of allotment of chamber. (1) Only regular practicing Bar Member may submit application for the allotment of the chambers. Copy of CNIC and Identity Card issued by the Punjab Bar Council and Pakistan Bar Council will be annexed.

(2) Any Bar Member who has joined any public or private employment shall not be eligible to submit the application.

(3) Any Bar Member who has been disqualified or suspended by any decision of Bar Councils or any Court of competent jurisdiction shall not entitled for the allotment of the chamber.

(4) Every applicant shall submit a separate affidavit stating therein that he does not own, nor has any chamber allotted in his name in the concerned Bar Association or any other Bar Association in the Province of Punjab.

(5) If it is found at any stage that the allottee/applicant was already allotted chamber in any Bar Association in the province of Punjab, allotment of the said chamber will be cancelled by the allotment committee and after completion of allotment / construction of chambers, by the Executive Committee of the Bar Association. Deposited amount will be forfeited in favour of the account of concerned Bar Association. The proceeding of professional misconduct under the law and rules shall be initiated against the said allottee/applicant/advocate by committee or Bar Association.

(6) If any advocate having a chamber already in the Bar Association shall not entitled to join the proceedings of the allotment of chamber.

99. (1) (i) Chambers of the Lawyers, allotted or purchased on construction from the Bar Association or any other authority/committee under the rules, would be his personal property. He may transfer the chamber to an other advocate, whose name is available on the roll of the Punjab Bar Council and being member in the concerned Bar Association after passing Ten years from the date of allotment of the chamber;

(ii) In case of death of advocate, his legal heirs may transfer the chamber at any time;

(iii) In case of physical or mentally incapacitating permanent condition of the advocate/allottee, Executive Committee of Bar Association may grant special permission to transfer the chamber / seat;

(iv) Executive Committee of Punjab Bar Council shall have the same powers to grant permission of sale /transfer in appeal;

(2) Chamber will not be transferred to any advocate, whose name is not available on the roll of the Punjab Bar Council.

(3) Executive Committee of the Bar Association will deal all the matters of the transfer of the existing chambers. However, the Executive Committee of the Bar Association will delegate these powers to any of his member or members. Executive committee of Bar Association with majority votes may constitute committee to deal said affairs.

(4) If any advocate has membership of more than one Bar Association then the record of the Punjab Bar Council will be followed.

(5) If any person feels aggrieved by the decisions of the said person or committee, he may file appeal against the said decision before the Executive Committee of Punjab Bar Council.

100. (1) After death of an Advocate, the chamber of the said advocate will be transferred to his/her legal heirs as per his/her personal law.

(2) The legal heirs of the said Advocate may transfer the said chamber to his/her children, if he/she is an advocate.

(3) The legal heirs of the advocate may transfer the chamber on receiving the construction charges to an other advocate, whose name is available on the roll of the Punjab Bar Council in the concerned Bar Association.

(4) In case of non availability of the legal heirs of the deceased advocate, Executive Committee will publish the facts of searching the legal heirs on two daily newspapers and will also display the said facts on the notice board of the Bar Association. Said proceedings will also be sent to Executive Committee of the Punjab Bar Council. After two months of the said publication, Executive Committee of Bar Association will take up the matter and allow the auction of the said chamber. The auction amount shall be transferred in the Lawyers welfare fund of the Bar Association.

Provided that if at a later stage any legal heirs are found or they approach the Executive Committee of Bar Association, then the auctioned amount will be refunded from the lawyers welfare fund account and said amount be handed over /transfered to the legal heirs of the deceased advocate as per the decision of the Executive Committee.

(5) If an advocate dies and his son/daughter is an advocate, who also has chamber in his own name, he may transfer any of one chamber or hold it under his custody.

(6) If an advocate wants to transfer his chamber to an other advocate, he may execute any agreement with the other advocate. Such agreement will be signed in the presence of the President or Secretary or designated authority or committee.

(7) If the written agreement is not executed in the presence of the President or Secretary or designated authority or committee, or any written or oral agreement was executed before the official gazette of these rules, then the fate of the chamber be decided by the designated person or committee after recording the concerned evidence.

(8) The designated person or committee may adopt any legal proceedings or measures to find out the real facts.

(9) The designate person or committee will complete the proceedings in written form and also record the statements of the concerned persons or receive written affidavits in this regard. Oral proceedings are prohibited.

(10) If an advocate got transferred his voter membership and got allotted any chamber / seat /plot etc from the transferred Bar Association and again want to transfer his regular membership in the previous Bar Association or any other Bar Association, he will surrender the said seat / chamber/ plot to the concerned Bar Association without any benefit. Bar association will auction the said chamber / seat/ plot and deposit the said amount in the lawyer’s welfare fund account of the Bar Association.

(11) In case of filing the transfer application, the executive committee of the Punjab bar council will call the complete reports of his membership, benefits gained from the bar i.e. chamber/seat/ plot etc from the president Bar Associations, before passing any final order.

MISCELLANEOUS

101. No Bar Association or group of Bar Associations or any bar body or forum, will be authorized to give strike notice or protest call to members of legal fraternity at provincial level without seeking prior approval of the Punjab Bar Council.

102. Non-observance or violation of the provisions of the Memorandum of Association, 2023, by an advocate shall be deemed to be professional misconduct making him liable for disciplinary action.

103. Acts, order done/passed under the provisions of the Memorandum of Association 1981, prior to the promulgation of the Memorandum of Association 2023, are being protected.

104. Memorandum of Association, 1981 are hereby repealed.

                                                                                       Khawaja Qaisar Butt
                                                                                    Chairman Rules Committee
                                                                                          Punjab Bar Council

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NOTIFICATION

[2]THE PUNJAB ADVOCATES BENEVOLENT
FUND RULES, 2023

[Gazette of Punjab, Weekly, Part-III, 25th October, 2023]

WHEREAS it is expedient to establish a fund for the common benefit of the Punjab Advocates and to provide for subscription thereto and for the manner of its management and regulation.

Now, therefore, the Punjab Bar Council, in exercise of the powers conferred on it by Section 56 clause (f) 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 shall be called the Punjab Advocates Benevolent Fund Rules, 2023.

1.2. These Rules shall come into force at once from 07.10.2023.

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 (XXXV of 1973);

(b) “Advocate” means an Advocate whose name is borne on the Rolls of Punjab Bar Council and the Register maintained under these Rules;

(d) “Committee” means the Benevolent Fund Committee of Punjab Bar Council;

(e) “Family” means the Legal heirs of the deceased Advocate according to the personal law of the Advocate;

(f) “Form” means the form appended to these Rules;

(g) “Rules” means the Punjab Advocates Benevolent Fund Rules;

(h) “Vice-Chairman” means the Vice-Chairman of the Punjab Bar Council.

1.4. The terms, words and phrases not defined herein shall, wherever the context so permits, have to same meaning as is assigned to them under the Act.

CHAPTER – II
CONSTITUTION OF THE FUND

2.1. There shall be constituted a Benevolent Fund, (hereinafter called the Fund) comprising as under:--

(a) Advocates (Security) Benevolent Fund, (hereinafter called Security Fund).

2.2. An applicant for being enrolled as an advocate shall make contribution at the following rates of the Fund:-

(i) Under the age of 25 years Rs. 10,000/-

(ii) Under the age of 30 years Rs. 15,000/-

(iii) Under the age of 35 years Rs. 20,000/-

(iv) Under the age of 40 years Rs. 30,000/-

2.3 No advocate shall be entitled to make the contribution in Benevolent Fund after attaining the age of 40 years.

2.4. To the credit of the Fund shall be placed:-

(a) All sums paid by the Advocates as contribution to the Fund;

(b) all grants made by the Federal or Provincial Governments, autonomous bodies, organizations, institutions or other authorities; and

Provided that 10 percent of Govt. grant (without specific purpose) received by Bar council will be transferred to the benevolent fund Accounts for fixed deposits only. (Long Term Deposit / Certificates of National Savings)

2.5. Out of annual income accrued from the investments of the Fund received, shall be allocated to the Security Fund and Refund Claims to the Advocates who will be attained the age of 70 years.

2.6. The amount credited to the Benevolent Fund shall be utilized for:

(a) Payment of amounts under the Rules;

(b) The purposes authorized by the Act and the Rules;

(d) No meeting expenditures of Benevolent Committee of the Bar Council and its management will be allowed from the benevolent fund accounts;

(e) No Salary or allowances (Gratuity, C.P. Fund, Leave encashment or any other allowances of employees) be given to any employee of Punjab Bar Council or Benevolent Fund Section from the Benevolent Fund accounts or any account operated under the Benevolent Fund Committee;

(f) Salary of employees of Benevolent Section will be paid from the accounts of the Punjab Bar Council;

(g) No loan facility of any type be given from the Benevolent Fund accounts or any account operated under the Benevolent Fund Committee;

CHAPTER – III
ACCOUNTS AND AUDIT

3.1. The fund shall be managed by the Benevolent Fund Committee which shall function under the supervision and control of the Bar Council.

3.2. The receipts and expenditure shall be separately entered in respect of the Security Fund and the Refund Claim in a Cash Book to be maintained in the manner provided by the Punjab Legal Practitioners and Bar Council Rules, 2023.

3.3. The Fund shall be kept in such bank or invested in such securities as may be approved by the Bar Council.

3.4. The bank account shall be operated by the Vice-Chairman and Chairman Benevolent Fund Committee jointly, or by any two members of Punjab bar council authorized by bar council as they may authorize.

3.5. The accounts shall be audited in the manner prescribed by the Punjab Legal Practitioners and Bar Council Rules, 2023, through QCR rating audit companies, according to the International Standards on Auditing as adopted in Pakistan.

3.6. The Audited Annual Statement of Account of the Fund shall be laid before the first meeting of the Bar Council held after 1st March of every year.

3.7. Bar Council may examine the accounts at any time as it deems fit.

3.8. Annual Audit report be put before the general house of the Punjab Bar Council in the next ensuing meeting.

3.9. A summary of such statement may be provided to the recognized bar association and member Punjab Bar Council on request.

CHAPTER - IV
ADVOCATES (SECURITY) BENEVOLENT FUND

4.1. (1) An advocate after attaining the age of seventy
(70) years, will be entitled of Hundred (100) percent of his
total entitlement/claim as per his / her deposited amount in his life time.

Provided that Advocate himself / herself shall be paid out of the Security Fund:-

a. Rs. 35,000/-, if the Advocate is the annual contributory of the funds or,

b. Rs. 40,000/-, if the Advocate made the lump sum contribution of
Rs. 1,000/- only or,

c. Rs. 60,000/-, if the Advocate had made the contribution of Rs. 2,000/-

d. (i) Rs. 60,000/-, if the Advocate had made the contribution of Rs.2,500/- &

(ii) Rs. 100,000/-, if the Advocate had made the contribution of Rs. 3,000/-

e. Rs. 300,000/-, if the Advocate had made the contribution according to Rule 2.2:

Provided further that double amount shall be paid if the Advocate or the applicant had deposited double contribution under Rule 2.2.

(2) Total entitlement (100 %) shall be paid to the legal heirs of the deceased Advocate as his / her death claim as per his / her personal law.

Provided that death claim will be paid to the legal heirs of the deceased Advocate as:-

a. Rs. 35,000/-, if the deceased Advocate was the annual contributory of the funds or,

b. Rs. 40,000/-, if the deceased Advocate made the lump sum contribution of Rs. 1,000/- only or,

c. Rs. 60,000/-, if the deceased Advocate had made the contribution of Rs. 2,000/-

d. (i) Rs. 60,000/-, if the deceased Advocate had made the contribution of Rs.2,500/- &

(ii) Rs. 100,000/-, if the deceased Advocate had made the contribution of Rs. 3,000/-

e. Rs. 300,000/-, if the deceased Advocate had made the contribution according to Rule 2.2:

Provided further that double amount shall be paid to the legal heirs if the deceased Advocate had deposited double contribution under Rule 2.2.

4.2. (1) If an advocate has been permanently incapacitated physically or mentally (Life threatening condition) to discharge his professional duties as declared by the district standing medical board of concerned district. Punjab Bar Council will pay full claim of his entitlement, but not less than one lac rupees as mentioned in aforementioned first proviso of Rule 4.1(1) (a), (b), (c) & (d)(i)(ii).

(2) Advocate will surrender his practicing licence to the bar council, at the time of receiving the claim cheque due to permanently incapacitated physically or mentally.

(3) Benevolent fund committee will ensure the delivery of cheque to his name or any other related person of the advocate, and surrender of practicing licence.

(4) Advocate and his legal heirs neither claim nor entitle the second/further claim of benevolent fund.

(5) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Pakistan or abroad.

(6) That double amount shall be paid if the Advocate or the applicant had deposited double contribution under Rule 2.2.

(7) The payment out of the security fund under these Rules shall be made on the production of the medical certificate duly attested by the district standing medical board.

4.3. (1) Advocate, who is suffering the disease of cancer (Life threatening condition, but not early stage) will be entitled of 100% of his/her total entitlement/claim as per his / her deposited amount / share as per rule 2.2 in his life time as benevolent fund share.

(2) If an advocate is suffering the disease of cancer, he will submit his claim in his life time and annex the report of one government hospital and Shoukat Khanam Hospital or Agha Khan Hospital or any other Hospital who is providing the medical treatment to the cancer patient in Pakistan.

(3) Benevolent fund committee of Punjab Bar Council will satisfy itself after receiving the medical reports of cancer disease.

(4) Benevolent fund committee may call the verification report of the Medical reports submitted by the advocate from the concerned medical hospital.

(5) Benevolent Fund Committee after approval of the benevolent fund claim, put his report alongwith all medical certificates, verification reports before the General house of the Punjab Bar Council. Punjab Bar Council will approve the final claim in its meeting. No cheque will be issued without the approval of the Bar Council.

(6) Benevolent fund committee will ensure the delivery of cheque to his name or any other related person of the advocate as per his own request.

(7) Advocate and his legal heirs, neither claim nor entitle the second / further claim of benevolent fund.

(8) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Punjab / Pakistan or any public/government or private hospitals, even from abroad.

(9) An Advocate will note surrender his practicing license to the Punjab Bar Council after receiving the claim of Benevolent Fund.

4.4. (1) Advocate, who is suffering the disease of Liver Transplant (Life threatening condition), Kidney transplant (Life threatening condition), Kidney Dialyses (Life threatening condition and dialyses in routine) and heart surgery (Life threatening condition, but not stent treatment) will be entitled of 100% of his/her total entitlement/claim as per his/her deposited amount in his life time as benevolent fund share / claim according to the deposited share / amount under rule 2.2.

(2) If an advocate is suffering the disease of Liver Transplant, Kidney Dialyses and heart surgery, he will submit his claim in his life time and attach the report of one government hospital and Shoukat Khanam Hospital or Agha Khan Hospital or any other Hospital who is providing the medical treatment in Pakistan or abroad.

(3) Benevolent fund committee of Punjab Bar Council will satisfy itself after receiving the medical reports.

(4) Benevolent fund committee may call the verification report of the Medical reports submitted by the advocate from the concerned medical hospitals.

(6) Benevolent fund committee will ensure the delivery of cheque to his name or to his nominated person.

(7) Advocate and his legal heirs, neither claim nor entitle the second/further claim of benevolent fund.

(8) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Punjab/Pakistan or any public/government or private hospitals or abroad.

(9) An Advocate will not surrender his practicing license to the Punjab Bar Council after receiving the claim of Benevolent Fund under this Rule.

4.5. If an advocate has received payment of claim on account of permanent incapacitation physically or mentally (Life threatening condition) under Rule 4.2, he shall cease to be member of the scheme.

4.6. Payment of death claim of the Benevolent Fund Scheme be paid to the legal heirs of the deceased advocate by the approval of Benevolent Fund Committee and matter shall be placed in next meeting of the general house.

4.7. On the death of an Advocate the amount out of the Security Fund, shall be paid to legal heirs of the Advocate as per his / her personal law.

4.8. (1) In case of any final order or judgment or decree passed by Court of competent jurisdiction, the committee shall follow it.

(2) Applicant (legal heir of the deceased, and in favour of his, death claim of the deceased advocate is accepted), is remained duty bound to return the amount of death claim, if court of competent jurisdiction pass any order / judgment in favour of other legal heirs, whatever. may be. Punjab Bar Council may recover the said amount as arrears of land revenue.

4.9. In case of dispute about the date of birth or date of death, then date mentioned on the matriculation certificate, C.N.I.C., or death register of govt. department, will be followed. In case of confliction in both, the committee may examine the record, probe it and decide the matter in accordance with law.

4.10. If an advocate deposited less amount of benevolent fund fee, then the committee after examining the record, may reduce the amount of claim while considering the policy of proportionate.

4.11. Bar Council shall at least once a year examine the finances of the Benevolent Fund and as a result of such examination may increase or decrease the contribution payable under Rule 2.2, or may increase the amount payable under Rule 4.1.

4.12. Benevolent fund committee will submit the details of all accounts (including all fixed and current deposits) to the bar council in the annual budget meeting separately.

CHAPTER - V
MISCELLANEOUS

5.1. Every Advocate shall alongwith his first contribution due under these Rules make an application online for registration under these Rules in Form ‘A’.

5.2. A Register containing the names of Advocates shall be nominated in Form ‘B’.

5.3. Claims under Chapter - IV shall be in Form ‘C’.

5.4. Application under Chapter - IV shall be in Form ‘D’.

5.5 The Advocates who was enrolled on the role of the Punjab Bar Council as an advocate, prior to the establishment of the Islamabad Bar Council (18.06.2014,) and had been transferred from the role of the Punjab Bar Council to the role of Islamabad Bar Council, can file their maturity claims after attaining the age of superannuation and in case of death, their legal heirs can submitted their death claims to the Punjab Bar Council, through Islamabad Bar Council.]

5.6. The Punjab Advocate Benevolent Fund Rules 1974 is hereby repealed.

FORM ‘A’
APPLICATION FOR REGISTRATION AS CONTRIBUTORY TO THE (PUNJAB) ADVOCATES BENEVOLENT FUND UNDER RULE 5.1

Name: _______________________________________________________

Father’s/Husband’s Name: _____________________________________

Date of Birth:_________________________________________________

Date/Year of enrolment as an Advocate: __________________________

Date/Year of enrolment as Advocate of High Court: ________________

Ordinary place of practice: _____________________________________

Name of Bar Association of which applicant is member: ____________

Date of application:____________________________________________

Signature

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FORM ‘B’

REGISTER OF BENEVOLENT FUND UNDER RULE 5.2

District _____________

Registered No. _________

Name of Advocate:_____________________________________________

Father’s/Husband’s Name: _____________________________________

Address: _____________________________________________________

Date of Birth:_________________________________________________

Cell Number: _________________________________________________

Date of attaining 70 years ______________________________________

Date/Year of enrolment as an Advocate: __________________________

Date/Year of enrolment as Advocate of High Court: ________________

Ordinary place of practice: _____________________________________

Name of Bar Association of which applicant is member: ____________

Date of Claim: ________________________________________________

Decision of Claim: _____________________________________________

Date Claim received: __________________________________________

Payment of Security Fund: _____________________________________

Date of death: ________________________________________________

Final payment: _______________________________________________

Remarks: ____________________________________________________

PARTICULAR OF PAYMENT
Year Amount Paid Initials]

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FORM C

CLAIM UNDER CHAPTER - IV
UNDER RULE 5.3.

Name of Advocate: ____________________________________________

Date of Death: ________________________________________________
(Attach death certificate attested by the Member Punjab Bar Council/ President Bar Association).

Name of Applicant: ____________________________________________

_____________________________________________________________

Mobile No. ___________________________________________________

As per directions of the Benevolent Fund Committee, you are asked to furnish the following documents:-

1. Copy of Death Certificate of the deceased advocate.

2. Copies of CNIC & Identity Card, Issued by the Bar Council, to the deceased advocate.

3. Condolence resolution of the Bar Association, passed on the sad demise of the deceased advocate.

4. List of Legal Heirs of the deceased advocate alongwith copies of their CNIC and status of the Parents of deceased advocate and their consent on affidavits regarding issuance of cheque in favour of applicant.

5. Succession issued from the Competent Court of Jurisdiction.

6. In case of minors, Guardianship Certificate be also issued from the Competent Court of Jurisdiction with the permission to collect the share of the minors from Bar Council.

NOTE: ALL THE ABOVE SAID DOCUMENTS SHOULD BE ATTESTED BY THE CONCERNED MEMBER PUNJAB BAR COUNCIL.

SIGNATURE: ________

ADDRESS: ___________

_______________________

______________________

P/ADDRESS: _________

______________________

ATTESTED
MEMBER PUNJAB BAR COUNCIL]

[1]. Passed by Punjab Bar Council in its meeting held on 5.8.2023, Punjab Weekly Gazette, Part-III, Page 232, dated 11.10.2023.

[2]. Passed by Punjab Bar Council in its meeting held on 7.10.2023, Punjab Weekly Gazette, Part-III, Page 266, dated 25.10.2023.

[3]. Passed by Punjab Bar Council in its meeting held on 7.10.2023, Punjab Weekly Gazette, Part-III, Page 265, dated 25.10.2023.

[4]. Passed by Punjab Bar Council in its meeting held on 9.12.2023, Punjab Weekly Gazette, Part-III, Page 409, dated 3.1.2024.

[5]. Passed by Punjab Bar Council in its meeting held on 9.12.2023, Punjab Weekly Gazette, Part-III, Page 520, dated 13.3.2024.