LONDON · ISLAMABAD · WARSAW · WISCONSIN
LexForm
People Expertise Insights About Get in Touch

Contact

+92-323-2999999

London · Islamabad · Warsaw · Wisconsin

WhatsApp

The Legal Practitioners and Bar Councils Act, 1973

Act XXXV of 1973 · 40 pages

Document Viewer

PDF viewer not loading? Download the PDF directly or view on Pakistan Code.

Show full text14,862 words · 40 pages

Reproduced verbatim from the official Pakistan Code source PDF. Use Ctrl+F to search within the text below.

       THE LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
                                          Last Amended on 2017­02­13




                                            CONTENTS

SECTIONS:
                                             CHAPTER I
                                            PRELIMINARY
1.          Short title and commencement.
1 A.        Overriding effect.
2.          Definitions.
                                             CHAPTER II
                CONSTITUTION AND INCORPORATION OF BAR COUNCILS.
3.          Constitution and incorporation of Bar Council.
4.          Term of Bar Council.
                                            CHAPTER III
                                   PROVINCIAL BAR COUNCILS
5.          Composition of Provincial Bar Council.
5 A.        Qualification for membership of a Provincial Bar Council.
5 B.        Disqualifications for membership of a Provincial Bar Council.
5 C.        Cessation of membership of Provincial Bar Council.
6.          Chairman and Vice­Chairman of Provincial Bar Council.
7.          Time of holding elections to a Provincial Bar Council.
8.          Election to Provincial Bar Council not to be questioned on certain grounds.
9.          Functions of a Provincial Bar Council.
10.         Committees of Provincial Bar Council.
                                            CHAPTER IV
                                   THE PAKISTAN BAR COUNCIL
11.         Composition of Provincial Bar Council.
11 A.       Qualifications for membership of Provincial Bar Council.
11 B.       Disqualifications for membership of Pakistan Bar Council.
11 C.       Cessation of membership of Pakistan Bar Council.
12.         Chairman and Vice­Chairman of the Pakistan Bar Council.
                                              Page 1 of 40
13.   Functions of the Pakistan Bar Council.
14.   The first Pakistan Bar Council.
15.   Committees of the Pakistan Bar Council.
                                           CHAPTER V
             GENERAL PROVISIONS RELATING TO BAR COUNCILS
16.   Filling of casual vacancies.
17.   Funds of Bar Councils.
18.   Accounts and Audit.
19.   Vacancies in Bar Councils etc., not to invalidate action taken.
20.   Indemnity.
                                         CHAPTER VI
            ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE,
                    SENIORITY, PRE­AUDIENCE, ETC.
21.   Classes of advocates.
22.   Rights of advocates to practise.
23.   Preparation, etc., of roll of advocates of the Supreme Court.
24.   Admission and enrolment of advocates of the High Court.
25.   Admission and enrolment of other advocates.
26.   Persons qualified for admission as advocates.
27.   Persons qualified for admission as advocates of a High Court.
28.   Persons qualified for admission as advocates of the Supreme Court.
29.   Eligibility of women for admission.
30.   Authority to whom applications for enrolment may be made.
31.   Disposal of applications for admission as an advocate.
32.   Appeal against order of rejection.
33.   No applicant rejected by one Provincial Bar Council to be enrolled by another
      such Council.
34.   Payment of fees.
35.   Order in which names shall be entered in the roll.
36.   Certificate of enrolment.
37.   Copy of roll to be kept with Supreme Court and High Court.
38.   Copies of rolls to be sent to Pakistan Bar Council.
39.   Common roll of advocates.
40.   Right of pre­audience.
                                         CHAPTER VII
                                CONDUCT OF ADVOCATES
41.   Punishment of advocates for misconduct.
42.   Tribunals of Bar Councils.
43.   Procedure in inquiries.
44.   Order as to costs.
45.   Powers of the Tribunal and disciplinary committee in inquiries.
46.   Disciplinary powers of the Pakistan Bar Council.

                                           Page 2 of 40
47.     Appeal to the Pakistan Bar Council.
48.     Appeal to the Supreme Court.
49.     Application of sections 5 and 12 of the Limitation Act, 1908.
50.     Stay of order.
51.     Powers of the disciplinary committee.
52.     Cost of proceedings before a disciplinary committee.
53.     Review of order by disciplinary committee.
54.     Power of Supreme Court and High Court to suspend advocates from practice.
                                  CHAPTER VIIA.­­[Omitted.]
                                         CHAPTER VIII
                                              RULES.
55.     Power of Pakistan Bar Council to make rules.
56.     Power of Provincial Bar Council to make rules.
                                         CHAPTER IX
                                        MISCELLANEOUS
57.     Grants to Bar Councils and Bar Associations.
58.     Penalty for illegal practice.
59      Power to frame and publish lists of touts.
59 A.   [Omitted.]
59 B.   Removal from Bar Association.
60.     Power of the High Court relating to remuneration of advocates.
61.     Group insurance.
62.     Benevolent Fund.
63.     Validation.
64.     [Omitted.]
65.     [Omitted.]
66.     [Omitted.]
67.     Continuance in service of the employees of the West Pakistan Bar Council.
68.     Savings.
69.     [Omitted.]




                                          Page 3 of 40
                                        LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973.
                                                                       1ACT No. XXXV OF 1973


                                                                                                                                            [22nd February, 1973]



                An Act to repeal and, with certain modifications, re­enact the law relating to legal
                                         practitioners and bar councils.

    WHEREAS it is expedient to repeal and, with certain modifications, re­enact the law relating to
legal practitioners and bar councils and to provide for certain incidental and ancillary matters;

       It is hereby enacted as follows:—

                                                                                    CHAPTER I

                                                                                PRELIMINARY

   1. Short title and commencement.—(1) This Act may be called the Legal Practitioners
and Bar Councils Act, 1973.

       (2) It shall come into force at once.

       2[“1A.Overriding effect. __The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time being in
force.”]

       2. Definitions. In this Act, unless there is anything repugnant in the subject or context,—

               2[(a) “advocate” means an advocate entered in any roll under the provisions of this Act;].


               (b) "Bar Council" means a Bar Council constituted under this Act;

               (c) "common roll" means the common roll of advocates of the High Court or, as the case may
                   be, the common roll of other advocates prepared and maintained by the Pakistan Bar
                   Council under this Act;
                      3*            *             *              *             *         *             *

               (d) "High Court", in relation to a Provincial Bar Council, means the High Court of the
                   Province or provinces, as the case may be, for which that Council is constituted;



1 For Statement of Objects and Reasons, see Gaz. of p, 1973., Ext., Part III, p. 186.
2 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 2, which was amended by the Legal Practitioners and
Bar Councils, (Amdt.) Ordinance, 1985 (16 of 1985), to read as above.
3 Ins. and omitted by Act XII of 05, ss. 2 and 3.




                                                                                    Page 4 of 40
                1[(da)       “Islamabad Bar Council” means Islamabad Bar Council for Islamabad Capital
                        Territory Constituted under this Act.”]

                2[(e) “legal practitioner” means an advocate”]

                3[(ee)       “member”, in relation to a Bar Council, does not include the Chairman
                        thereof;]

                (f) "Pakistan Bar Council" means the Bar Council constituted for Pakistan under section 11;

                (g) “Prescribed” means prescribed by rules made under ; this Act;

                4[(h) “Provincial Bar Council”, in relation to a Province, means the Provincial Bar Council
                        constituted for that Province;]

                (i) “Provincial roll” means a roll of advocates of the High Court or, as the case may be, a roll
                     of advocates prepared and maintained by a Provincial Bar Council under this Act;

                (j) “revenue office” includes all courts (other than civil courts) trying suits under any
                     law for the time being in force relating to landholders and their tenants or agents;

                (k) “roll” means the roll of advocates maintained by a Bar Council;

                2[“(kk) “roll of group of districts” means a roll of advocates of a High Court and a roll of the
                        Advocates practicing in the districts of the group, as mentioned in the Schedule, prepared
                        and maintained by a Provincial Bar Council;”]

                (l) “subordinate court” means a court subordinate to the High Court;

                (m) "tout" means a person—

                           (i) who procuress, in consideration of any remuneration moving from any legal
                               practitioner, the employment of the legal practitioner in any legal business; or who
                               proposes to any legal practitioner or to any person interested in any legal business to
                               procure, in consideration of any remuneration moving from either of them, the
                               employment of the legal practitioner in such business; or

                           (ii) who, for the purposes of such procurement, frequents the precincts of courts or of
                                 revenue offices, or railway stations, landing stages, lodging places or other
                                places of public resort;

1 Ins. by Act V of 2014.
2 Subs. and Ins. by Act XII of 05, s. 3.
3 New clause (ee) ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance. 1978 (40 of 1978). s. 2.
4 Subs. ibid., s. 2, for clause (h).




                                                                                 Page 5 of 40
                (n) "Tribunal", in relation to a Bar Council, means a Tribunal constituted by it under this Act,
                    1[and]

                2[“(o) “voter means”:__


                           (i) in relation to election to a Provincial Bar Council, an advocate whose name for the
                                time being appears on the roll of group of districts and to whom an identity card has
                                been issued by a Provincial Bar Council and who is not in arrears of dues of the
                                Provincial Bar Council for a period exceeding six months; and

                           (ii) in relation to election to the Pakistan Bar Council, a member of the concerned
                                Provincial Bar Council.]

                                                                                     _______

                                                                                CHAPTER II

                                CONSTITUTION AND INCORPORATION OF BAR COUNCILS.

   3. Constitution and incorporation of Bar Council.—(1) There shall be constituted in
accordance with the provisions of this Act,—

                (i) a Bar Council for Pakistan to be known as the Pakistan Bar Council; 1[* *]

                3[(ii) a Bar Council for each Province to be known as the Bar Council of the


                         Province concerned.];

    (2) Every Bar Council shall be a body corporate having perpetual succession and a common seal
with power to acquire and hold property, both movable and immovable, and to contract, and shall by
the name by which it is known sue and be sued.

     4. Term of Bar Council. 4[The] term of every Bar Council shall be 5[five] years beginning on the
first day of January following the general elections to the Provincial Bar Councils; and at the end of
each term the members of the Bar Council shall cease to hold office:
        1[Provided that the next elections of the Provincial Bar Councils shall be held between the 1st
 October, 2009 and the 31st of December, 2009 and the term of the next Provincial Bar Council shall
commence from the 1st January, 2010.”]

1 Subs. and added of Act XII of 05, ss. 3& 4.
2 Subs. and added by Act XII of 05, ss. 3­4.
3 Subs. ibid., s. 3, for clauses (ii) and (iii).
4 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 2.
5 Subs. ibid., for "four".




                                                                                 Page 6 of 40
                                                                              CHAPTER III

                                                            PROVINCIAL BAR COUNCILS

       5. Composition of Provincial Bar Council.—(1) Each Provincial Bar Council shall consist 1[of]

       2[(a) the Advocate­General of the Province, ex­officio; and]


   (b) such number of 3* members as may be elected by the advocates on the Provincial roll from
amongst themselves.
       4[“(2) The number of members to be elected to the Provincial Bar Council shall be as follows:­


               (a) Punjab Bar Council                                       …                          75

                       Sindh Bar Council                                   …                          33

                       N.W.F.P. Bar Council                                …                          28

                       Balochistan Bar Council                              …                          07; and

               (b) the district­wise allocation of seats referred to in clause (a) for respective Provincial Bar
                   Councils shall be in accordance with the Schedule annexed hereto.”]

       4[“(2A) for the purpose of election of members of a Provincial Bar Council from a district or
districts under sub­section (2) the advocates entered on the roll of group of districts as mentioned in
the Schedule annexed hereto, shall constitute the electoral college”.]

    (4) At an election of the members of a Provincial Bar Council an advocate shall have as many
votes as the number of members to be elected 5[from the 6[district or, as the case may be, the group
of districts] concerned].
       7[(5) A member may resign his office by writing under his hand addressed to the Chairman of the
Council.
       8*                             *                          *                       *                   *   *   *



1 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 4 for comma.
2 Subs, ibid, for the. original clause (a).
3 The Word “other" omitted ibid,
4 Subs. by Act XII of 05, s. 5.
5 Ins. and added, ibid.,
6 Omitted and subs. by Act XII of 05, s. 5.
7 New sub­sections (5) and (6) added by Ord. 40 of 1978, s. 4.
8 Sub­section (6) omitted by Ord., 17 of 1982, s. 3.




                                                                                Page 7 of 40
     Explanation.—If any question arises whether an advocate is or is not, for the purposes of
 this section, practising generally in a district, it shall be referred to the Advocate­General for
the Province concerned, whose decision thereon shall be final.
       1[5A. Qualification for membership of a Provincial Bar Council. A person shall be qualified
to be elected as a member of a Provincial Bar Council if he—

               3[“(a) is on the roll of advocates of High Court maintained by the Provincial Bar Council;


               (b) has, on the day of filing of the nomination paper, been an advocate for not less than 2[ten]
                   years; and

               (c) has cleared all the dues payable by him to the Provincial Bar Council;

    5B. Disqualifications for membership of a Provincial Bar Council. A person shall be
disqualified to be elected as a member of a Provincial Bar Council if he—

               (a) was dismissed or removed from the service of Government or of a public statutory
                   corporation; or

               (b) has been convicted for an offence involving moral turpitude; or

               (c) has been found guilty of professional misconduct; or

               (d) has been declared a tout; or

               (e) is an undischarged insolvent.

   5C. Cessation of membership of Provincial Bar Council. A member of a Provincial Bar
Council shall cease to be such member if he—

               (a) is appointed to an office of profit in the service of Pakistan; or

               (b) is suspended or removed from practice under the provisions of Chapter VII; or

               (c) incurs any of the disqualifications specified in section 5B.].

   6. Chairman and Vice­Chairman of Provincial Bar Council.—(1) There shall be a Chairman
and a Vice­Chairman of each Provincial Bar Council.

       3[(2)
         The Advocate­General for a Province 1[or Islamabad Capital Territory]shall be the
Chairman of the Provincial Bar Council for that Province 1[or Islamabad Capital Territory as the case
may be].

1 Sections 5­A, 5­B and 5­C, ins., by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 4.
2 Subs. by Act XII of 05, s. 6.
3 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), ss. 4, and 5, for sub­section (2).




                                                                                  Page 8 of 40
    (2A) If a member of a Provincial Bar Council is appointed as the Attorney­General for Pakistan
or as the Advocate­General for a Province, his seat in the Council shall become vacant.]

    (3) The Vice­Chairman of each Provincial Bar Council shall be elected in the prescribed manner
by the members of that Council from amongst themselves.

   (4) Subject to the provisions of sub­section (8), the election of the Vice­Chairman shall be held as
soon as may be after the commencement of every year and in any case not later than the thirty­first
day of January.

    (5) Subject to the provisions of sub­sections (6) and (7), the Vice­Chairman shall hold
office1[until his successor enters upon , his office].

       (6) A Vice­Chairman may resign his office by writing under his hand addressed to the Chairman.

    (7) A Vice­Chairman shall cease to hold his office if he is appointed to an office of profit in the
service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII.

    (8) Where the office of a Vice­Chairman becomes vacant, an election to the vacant office shall be
held within thirty days of the office becoming vacant.

       (9) The Chairman and Vice­Chairman shall have such powers and functions as may be prescribed.

    7. Time of holding elections to a Provincial Bar Council. Election to a Provincial Bar Council
shall be held so to conclude on or before the thirtieth day of November in the year in which the term
of the Provincial Bar Council expires:

       Provided that—

              (a) elections to the first Provincial Bar Councils to be constituted under this Act shall be held
                  so as to conclude; and

              (b) the first Provincial Bar Councils to be constituted under this Act shall be constituted, on
                  such day as the Federal Government may, by notification in the official Gazette, specify.

    8. Election to Provincial Bar Council not to be questioned on certain grounds. No election of
a member to a Provincial Bar Council shall be called in question on the ground merely that due notice
thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less
than thirty days before that date, been published in the official Gazette.

1 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 5.




                                                                                 Page 9 of 40
    9. Functions of a Provincial Bar Council.—(1) Subject to the provisions of this Act and the
rules made thereunder, the functions of a Provincial Bar Council shall be—

              (a) to admit persons as advocates on its roll; to hold examinations for purposes of admission;
                   to prepare and maintain a roll of such advocates 1[of the Province 2[or Islamabad Capital
                   Territory] as well as of each 3[District]]; 4[and to remove advocates from such roll];

              (b) to admit persons as advocates entitled to practice before the High Court and to prepare
                  and maintain a roll of such advocates;

              (c) to entertain and determine cases of misconduct against advocates on its rolls and to order
                   punishment in such cases;

              (d) to safeguard the rights, privileges and interests of advocates on its rolls, including
                  initiation of measures for fair and inexpensive dispensation of justice by the subordinate
                  courts and tribunals;

              (e) to promote and suggest law reform;

              (f) to manage and administer the property and funds of the Provincial Bar Council and to
                   invest any of its funds;

              (g) to conduct the election of its members;

              5[(h) to prescribe conditions for the recognition and functioning of, and to recognise and
                      derecognise, Bar Associations;]

              (i) to perform all other functions conferred on it by or under this Act 2[and to comply with the
                   directions given to it by the Pakistan Bar Council from time to time]; and

              (j) to do all other things necessary for discharging the aforesaid functions.

    (2) A Provincial Bar Council may, in accordance with the rules framed by it, and within the limits
of the funds at its disposal for that purpose, make free legal aid available to indigent litigants.

1 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance. 1978 (40 of 1978), s. 6.
2 Ins. by Act V of 2014.
3 Omitted by Ord. LXIX of 07, s. 2.
4 Ins. by Ord. VIII of 08, s. 2 (valid up to 3­3­09) , Permanence lifted by Supreme Court on 31­07­2009 Article 270­AAA of the Constitution undone.
5 Subs. and ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 6.




                                                                                 Page 10 of 40
    10. Committees of Provincial Bar Council.—(1) A Provincial Bar Council shall constitute the
following standing committees, namely:—

               (a) an executive committee consisting of a Chairman and not more than five other members,
                   to be elected by the Council from amongst its members; *1

               2[(aa)     a disciplinary committee consisting of not more than five members to be elected by
                      the Council from amongst its members; and]

               (b) one or more enrolment committees, each consisting of a Judge of the High Court for the
                    Province 1* * * nominated by the Chief Justice of that High Court, who shall be its
                   Chairman, and two other members elected by the Council from amongst its members.

       (2) Each of the aforesaid committees shall have such powers and functions as may be prescribed.

    (3) A Provincial Bar Council may constitute from amongst its members such other committees as
it may deem necessary for the performance of its functions under this Act, and may authorise any
such committee to co­opt as its members any other persons, not exceeding such number as the
Council may determine.

   (4) The Chairman of every committee shall be entitled to vote and, in case of equality of votes
among the members of the committee, shall have a second vote.

                                                                                       ______

                                                                   CHAPTER IV
                                                            THE PAKISTAN BAR COUNCIL

    11. Composition of Pakistan Bar Council.­2[(1)The Pakistan Bar Council shall consist of the
Attorney General for Pakistan, ex­officio and twenty three members, who shall be elected on the
basis of a single transferable vote by the members of the Provincial Bar Councils as hereinafter
specified—

                                                Baluchistan                                                      1

                                                The North­West Frontier                                          [4]3
                                                Province

                                                The Punjab                                                       11

                                                Sind                                                             6




       4*                          *                          *                             *                *          *   *

1 Omitted and ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance. 1982 (17 of 1982), s. 7.
2 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 8.
3 Subs. and Ins. by Act XII of 05, s. 8.
4 Omitted by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987; s. 3.




                                                                                Page 11 of 40
        1[“(1A) The members of Pakistan Bar Council shall be elected by single transferable vote from
each province by the members of their respective Provincial Bar Council.”].

   (2) A member of a Provincial Bar Council who is elected to be a member of the Pakistan Bar
Council shall 2* * * cease to be a member of the Provincial Bar Council.

        3[(3) No election of a member to the Pakistan Bar Council shall be called in question on the
ground merely that due notice thereof has not been given to any person entitled to vote thereat, if the
notice of the date has, not less than thirty days before that date, been published in the official
Gazette.]

        4[(4) A member may resign his office by writing under his hand addressed to the Chairman of the
Council.
        5*                         *                        *                          *                          *                            *   *
        6[11A. Qualifications for membership of Pakistan Bar Council. A person shall be qualified to
be elected as a member of the Pakistan Bar Council if he—

                 (a) is on the roll of advocates of the Supreme Court maintained by the Pakistann Bar Council;

                 (b) has, on the day of the filing of the nomination paper, been an advocate for not less than
                     7[fifteen] years; and


                 (c) has cleared all the dues payable by him to the Pakistan Bar Council.

11B. Disqualifications for membership of Pakistan Bar Council. A person shall be disqualified to
be elected as a member of the Pakistan Bar Council if he—

                 (a) was dismissed or removed from the service of Government or of a public statutory
                     corporation; or

                 (b) has been convicted for an offence involving moral turpitude; or

                 (c) has been found guilty of professional misconduct; or

                 (d) has been declared a tout; or

                 (e) is an undischarged insolvent.

1 Subs. and Ins. by Act XII of 05, s. 8.
2 The words "not, by reason of such election" omitted by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s.7.
3 New sub­section (3) added by the Legal Practitioners and Bar Councils (Amdt.) Act, 1973 (36 of 1973), s. 3.
4 New sub­sections (4) and (5) added by Ord. 40 of 1978, s. 7.
5 Omitted by Ord. 17 of 1982, s. 8:
6 Ins. ibid., s. 9.
7 Subs. by Act XII of 05, s. 9.




                                                                               Page 12 of 40
          11C. Cessation of membership of Pakistan Bar Council. A member of the Pakistan Bar
          Council shall cease to be such member if he—

              (a) is appointed to an office of profit in the service of Pakistan; or

              (b) is suspended or removed from practice under the provisions of Chapter VII; or

              (c) incurs any of the disqualifications specified in section 11B.].

    12. Chairman and Vice­chairman of the Pakistan Bar Council.—(1) The Attorney­General
for Pakistan shall be the Chairman ex­officio of the Pakistan Bar Council.

       1[(1A) If a member of the Pakistan Bar Council is appointed as the Attorney­General for Pakistan
or as the Advocate­General for a Province, his seat in the Council shall become vacant.]

    (2) There shall be a Vice­Chairman of the Pakistan Bar Council who shall be elected in the
prescribed manner by the members of that Council from amongst themselves.

   (3) Subject to the provisions of sub­section (7), the election of the Vice­Chairman shall be held as
soon as may be after the commencement of every year and in any case not later than the thrity­first
day of January.

    (4) Subject to the provisions of sub­sections (5) and (6), the Vice­Chairman shall hold office
2[until his successor enters upon his office].


       (5) A Vice­Chairman may resign his office by writing under his hand addressed to the Chairman.

    (6) A Vice­Chairman shall vacate his office if he is appointed to an office of profit in the service
of Pakistan or is suspended or removed from practice under the provisions of Chapter VII.

    (7) Where the office of a Vice­Chairman becomes vacant, an election to the vacant office shall be
held in the manner prescribed under sub­section (2), within thirty days of the office becoming vacant.

    (8) The Chairman and the Vice­Chairman shall have such powers and functions as may be
prescribed.

       3[13. Functions of the Pakistan Bar Council.—(1) Subject to the provisions of this Act and the
rules made thereunder, the functions of the Pakistan Bar Council shall be—

              (a) to prepare and maintain a common roll of advocates;

              4[(b) to admit persons as advocates entitled to practise before the Supreme Court and to
                      prepare and maintain a roll of such advocates and to remove advocates from such roll;

1 New sub­section (1A) ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 8.
2 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s, 10.
3 Re­numbered, ibid, s. 11.
4 Added by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 4, which had been previously omitted by the Legal
Practitioners and Bar Councils (Amdt.) Ordinance, 1985 (16 of 1985), s. 3. to read as above.




                                                                                Page 13 of 40
                1[“(c) to entertain and determine cases of misconduct against advocates of the Supreme
                       Court and to award punishment in such cases;]

                (d) to lay down standards of professional conduct and etiquette for advocates;

                (e) to lay down the procedure to be followed by its committees ;

                (f) to safeguard the rights, privileges and interests of advocates, including initiation of
                    measures for fair and inexpensive dispensation of justice by the subordinate courts and
                    tribunals;

                (g) to promote and suggest law reform;

                (h) to deal with and dispose of, and to tender advice in relation to, any matter arising under
                    this Act which may be referred to it by a Provincial Bar Council;

                (i) to exercise general control and supervision over the Provincial Bar Councils 2[and to issue
                     directions to them from time to time.]

                (j) to promote legal education and prescribe standards of such education in consultation with
                     the universities in Pakistan and the Provincial Bar Councils;

                (k) to recognize universities whose degree in law shall be a qualification for enrolment as an
                    advocate;

                (l) to manage and administer the property and funds of the Pakistan Bar Council, and to
                     invest any of its funds;

                3[(la) to provide free legal aid;


                (lb) to hold conferences, seminars, moots, lectures, jurists' conferences and other meetings for
                    promoting legal knowledge and learning in the legal profession;

                (lc) to prescribe conditions for the recognition and functioning of, and to recognise and
                    derecognise, the Supreme Court Bar Association or any Bar Association at the national
                    level;

                (ld) to give directions in accordance with the provisions of this Act to the Provincial Bar
                    Councils in respect of the recognition, derecognition and functioning of Bar
                    Association;];

                (m) to perform all other functions conferred on it by or under this Act;

                (n) to do all other things necessary for discharging the aforesaid functions.

1 Ins. by Ord. VIII of 08, s. 4 (valid up to 03­03­09)
2 Added by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 11.
3 Ins. ibid..




                                                                               Page 14 of 40
       1[(2) Any person aggrieved by an order or decision of a Provincial Bar Council, the Supreme Court Bar
Association or a Bar Association at the national level may, within thirty days of such order or decision, prefer
an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final.]

       2[(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply to appeals
under sub­section (2).]

    14. The first Pakistan Bar Council. As soon as may be, after the constitution of the Provincial Bar
Councils under this Act, the first Pakistan Bar Council shall be constituted in accordance with the provisions of
section 11.

     15. Committees of the Pakistan Bar Council.—(1) The Pakistan Bar Council shall constitute the
following committees, namely:—

                 1[“(a)  a disciplinary committee consisting of a Judge of the Supreme Court nominated by the Chief
                      Justice of Pakistan, who shall be its Chairman, and four other members elected by the Council
                      from amongst its members:

                      Provided that the Attorney­General for Pakistan shall not be a member of the disciplinary
                      committee;”]

                 (b) an executive committee consisting of seven members elected by the Council from amongst its
                     members; and

                 (c) an enrolment committee consisting of a Judge of the Supreme Court nominated by the Chief
                     Justice; of Pakistan, who shall be its Chairman, and two other members elected by the Council
                     from amongst its members.

    (2) The Pakistan Bar Council may constitute from amongst its members such other committees, including a
legal education committee, as it may deem necessary for the performance of its functions under this Act, and
may authorise any such committee to co­opt as its members any other persons, not exceeding such number as
the Council may determine.

   (3) The Chairman of every committee shall be entitled to vote and, in case of equality of votes among the
members of the committee, shall have a second vote.

                                                                     _________

                                                       CHAPTER V
                                       GENERAL PROVISIONS RELATING TO BAR COUNCILS

    16. Filling of casual vacancies. If the seat of a member of a Bar Council becomes vacant during the term
of office of the Council—

                 3[(a)  In the case of the Pakistan Bar Council, the vacancy shall be filled by the person who received
                      in the last elections from the same province the highest number of single transferable votes next
                      after the member, the vacancy in whose seat is to be filled or if there be no such person then the
                      vacancy shall be filled by a person elected in accordance with the provisions of section 11;”]


1 Subs. and Ins. by Ord. VIII of 08, ss. 4­5 (valid up to 3­3­09)
2 Subs. ibid,.
3 Subs. by Act XII of 05, s. 10.




                                                                    Page 15 of 40
              (b) in the case of a Provincial Bar Council, the vacancy shall be filled by the person who
                  received, in the same election and from the same district or, as the case may be, group of
                  districts, the highest number of votes next after the membert he vacancy in whose seat is
                  to be filled, or if there be no such person, by a person eligible for election to that Council
                  from the same district or, as the case may be, group of districts who is co­opted by the
                  Provincial Bar Council.

    17. Funds of Bar Councils.—(1) All sums received by a Provincial Bar Councils as enrolment
fees or as grants, donations or subscriptions shall form part of the fund of that Council and that fund,
subject to the provisions of sub­section (2), shall be managed, administered and utilized in such
manner as may be prescribed.

       1[(2) Every person applying for enrolment as an advocate or an advocate of the High Court shall
pay one­third of the prescribed fee to the Pakistan Bar Council and the balance to the Provincial Bar
Council concerned 1[or Islamabad Capital Territory as the case may be], in such manner as may
prescribed by the Pakistan Bar Council.].

    (3) All sums received by the Pakistan Bar Council under sub­section (2) or as enrolment fees,
grants, donations, or subscriptions shall form part of the fund of that Council and that fund shall be
managed, administered and utilized in such manner as may be prescribed.

   18. Accounts and audit.—(1) Every Bar Council shall cause to be maintained such books of
accounts and other books in such form and in such manner as may be prescribed.

    (2) The accounts of a Bar Council shall be audited by an auditor who is a chartered accountant
within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), at such times and in
such manner as may be prescribed.

   (3) As soon as the accounts of a Provincial Bar Council have been audited, that Bar Council shall
send a copy of such accounts, together with a copy of the report of the auditor thereon, to the
Pakistan Bar Council.

    19. Vacancies in Bar Councils etc., not to invalidate action taken. No act done by a Bar
Council or any Tribunal or committee thereof shall be called in question on the ground merely of the
existence of any vacancy in, or any defect in the constitution of, such Council, Tribunal or
committee.

    20. Indemnity. No suit or other legal proceedings shall lie against any Bar Council or any
committee, Tribunal, member, officer or servant of the Bar Council for any act in good faith done or
intended to be done in pursuance of the provisions of this Act or the rules made thereunder.

                                                                                  ________



1 Subs, by the "Legal Practitioners and Bar Council (Amdt.) Ordinance 1982 (17 of 1982), s.13, This sub­section was previously amended by Ord. 40 of 1978, s. 9, to read as above.




                                                                               Page 16 of 40
                                  CHAPTER VI
           ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE­
                                 AUDIENCE, ETC.

       21. Classes of advocates. There shall be the following four classes of advocates, namely:—

              (a) senior Advocates of the Supreme Court;
              (b) advocates of the Supreme Court 1[including Advocate on record];
              (c) advocates of the High Court; and
              (d) other advocates.

    22. Rights of advocates to practice.—(1) Save as otherwise provided in this Act, no person shall
be entitled to practise the profession of law unless he is an advocate.
       1[(2) Subject to the provisions of this Act and the Rules made thereunder,­


              (a) an advocate of the Supreme Court shall be entitled as of right to practice throughout
                  Pakistan and to appear, act and plead before any Court or Tribunal or any Judicial
                  authority in Pakistan;

              (b) an advocate of the High Court shall be entitled as of right to practice throughout Pakistan
                  and to appear, act and plead before any Court or Tribunal or any Judicial authority in
                  Pakistan except the Supreme Court; and

              (c) any other advocate shall be entitled as of right to practice throughout the Province where
                  he is enrolled to appear, act and plead before any court or Tribunal or any Judicial
                  authority in such Province other than the High Court.”]

    (2A) Where rules have been made by any High Court regulating the conditions subject to which
advocates of other High Courts may be permitted to practice in the High Court, such advocates shall
not be entitled to practice therein otherwise than subject to such conditions.

    (3) No advocate shall appear or act for any person in any court or tribunal unless he has been
appointed for the purpose by such person by a document in writing signed by such person or his
recognized agent or some other person duly authorised by him to make such appointment, and such
document has been filed in such court or tribunal:

       Provided that nothing in this sub­section shall apply to—

              (a) a Public Prosecutor or any advocate appointed by the State; or
              (b) an advocate when appearing on behalf of another advocate, if the advocate so appearing
                  has filed a memo of appearance:

1 Added and Subs by Act XII of 05, ss.11 and 12.




                                                   Page 17 of 40
   Provided further that an advocate may be allowed to appear for an accused in custody on his
undertaking to file the document required under this sub­section.

       1[23. Roll of advocates of the Supreme Court. The Pakistan Bar Council shall prepare and
maintain a roll of advocates of the Supreme Court in which shall be entered the names of all persons
who are senior advocates or advocates including advocates­on­record, entitled to practice in the
Supreme Court.”]

       2[24. Admission and enrolment of advocates of the High Court.— 1[Each Provincial Bar

Council shall prepare and maintain 2[for the Province and each 3[District] in the Province two
separate rolls] of advocates of the High Court in which shall be entered the names of—

              (a) all persons who were, as advocates, entitled to practice in the High Court immediately
                  before the commencement of this Act; and

              (b) all persons who are admitted as advocates of the High Court under the provisions of this
                  Act.

       4*             *              *                *            *              *              *

       5[25. Admission and enrolment of other advocates.—(1)] Each Provincial Bar Council shall,

besides the 6[rolls] of advocates to be prepared and maintained by it under section 24, prepare and
maintain 7[for the province and each Division in the Province two separate rolls] of advocates in
which shall be entered the names of—

              (a) all persons who were, as advocates, entitled to practise in any court subordinate to the
                  High Court immediately before the commencement of this Act; and

              (b) all persons who are admitted as advocates under the provisions of this Act.

       4*             *              *                *            *              *              *

    26. Persons qualified for admission as advocates. 8[* * *] Subject to the provisions of this Act
and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils
the following conditions, namely:—

              (a) he is a citizen of Pakistan or a person deriving his nationality from the State of Jammu
                  and Kashmir:

                     Provided that, subject to the other provisions of this Act, a national of any other country
                     8[who has resided in Pakistan for a period of not less than one


1 Subs. and Omitted by Act XII of 05, s. 14 and 15.
2 Section 24 was re­numbered as sub­section (1) of that section by the Legal Practitioners and Bar Councils (Amdt.) Ord. 1978 (40 of
1978). s. 10.
3 Subs., ibid., for "a roll".
4 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
5 Section 25 was re­numbered as sub­section (1) of that section by Ordinance. 1978 (40 of 1978), s. 11.
6 Subs. ibid., for "roll".
7 lns. by the Legal Practitioners and Bar Councils (Amdt.), Act, 1976 (16 of 1976), s. 2.
8 Omitted by Act XII of 05, s. 15.




                                                                                Page 18 of 40
                     year immediately preceding the day on which he applies for admission] may be admitted
                     as an advocate if citizens of Pakistan duly qualified are permitted to practise law in that
                     other country;

              (b) he has completed the age of twenty­one years;

              (c) he is a Barrister or is or was enrolled as an advocate of a High Court in any area which
                  before the fourteenth day of August, 1947, was comprised within India as defined by the
                  Government of India Act, 1935 (26 Geo 5, c 2) or has obtained—

                       (i) before the 7th day of February, 1966, a degree in law from any university in Pakistan;
                            or

                       (ii) before the fourteenth day of August, 1947, a degree in law from any university in
                            any area which was comprised before that date whithin India as defined by the
                            Government of India Act, 1935 (26 Geo 5, c 2), or

                       1[(iii) a degree in law from a university in Pakistan or abroad recognized by the Pakistan
                              Bar Council;]

              (d) he has undergone such course of training and passed such examination after the training
                  as may be prescribed by the Pakistan Bar Council:

                     Provided that this clause shall not apply to any class of persons who, by reason of their
                     legal training or experience, are declared by the Pakistan Bar Council to be exempt from
                     the provisions of this clause; and

              (e) he has paid such enrolment fee and fulfils such other conditions as may be prescribed by
                  the Pakistan Bar Council.

                     1*                        *    *               *              *              *      *

     27. Persons qualified for admission as advocates of a High Court. Subject to the provisions of
this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate of a
High Court if he fulfils the following conditions, namely:—

              (a) he has practised as an advocate, vakil or pleader before subordinate courts in Pakistan for
                  a period of not less than two years; or

              (b) he has practised outside Pakistan as an advocate before any High Court specified in this
                  behalf by the Pakistan Bar Council; or

              (c) he has, for reason of his legal training or experience, been exempted by the Provincial Bar
                  Council, with the previous approval of the High Court, from the requirements of clause
                  (a) and clause (b); and

              (d) he has paid such enrolment fee and fulfils such other conditions as may be prescribed by
                  the Pakistan Bar Council.

1 Subs. and omitted by Act XII of 05, s. 15.




                                                        Page 19 of 40
       1[28. Persons qualified for admission as advocates of the Supreme Court.___ Subject to the
provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as a
senior advocate and an advocate of the Supreme Court including an advocate­ on­record if he fulfils
such conditions as may be laid down in this behalf from time to time by the Rules of Pakistan Bar
Council and has paid such enrolment fee or other dues as may be prescribed by that Council.

28A. Person disqualified to be enrolled as advocate.___ A person shall be disqualified from being
admitted as an advocate of any court if__

              (a) he was dismissed or removed from service of Government or of a public statutory
                  corporation on a charge involving misconduct or moral turpitude; or

              (b) he has been convicted for an offence involving moral turpitude by a court; or

              (c) he has been declared a tout and such declaration has not been withdrawn.]

   29. Eligibility of women for admission. No woman shall be disqualified for admission as an
advocate for reason only of her sex.

    30. Authority to whom applications for enrolment may be made. An application for admission
as an advocate, other than an advocate of the Supreme Court, shall be made in the prescribed form to
the Provincial Bar Council within whose jurisdiction the applicant proposes to practice generally 2[;
and an application for admission as an advocate of the Supreme Court shall be made in the prescribed
form to the Pakistan Bar Council].

    31. Disposal of applications for admission as an advocate.—(1) All applications for admission
as an advocate received by a Bar Council shall be referred to its enrolment committee.

    (2) The enrolment committee may either grant the application or return it to the Bar Council
recording its reasons for not granting the application.

   (3) Where any application is returned to a Bar Council under sub­section (2), the Bar Council
may, after considering the reasons recorded by the enrolment committee, either grant or reject the
application.

    32. Appeal against order of rejection. Where any application for admission as an advocate is
rejected by a Provincial Bar Council, the applicant may, within such period and in such manner as
may be prescribed, appeal to the enrolment committee of the Pakistan Bar Council; and the decision
of that committee on such appeal shall be final.

    33. No applicant rejected by one Provincial Bar Council to be enrolled by another such
Council. Where a Provincial Bar Council has rejected the application of any person for admission as
an advocate—

              (a) it shall circulate to all the other Provincial Bar Councils the name of such person together
                  with the reasons for the rejection of his application;

1 Subs. and added by Act XII of 05, ss. 16 and 17.
2 Added ibid., s. 10, which was previously omitted by ord. No.16 of 1985. s. 8.




                                                                                  Page 20 of 40
              (b) no other Provincial Bar Council shall entertain an application for admission of such
                  person as an advocate except with the previous consent in writing of the Provincial Bar
                  Council which rejected the application.

       34. Payment of fees.—(1) The Pakistan Bar Council may prescribe the following fees, namely:—

              (a) fee for enrolment as an advocate or an advocate of the High Court, which shall be fixed
                  after consultation with the High Court, to be paid to the Provincial Bar Council 1[and the
                  Pakistan Bar Council in accordance with sub­section (2) of section 17];

              2[(b) fee for enrolment as an advocate of the Supreme Court, which shall be fixed after
                      consultation with the Supreme Court, to be paid to the Pakistan Bar Council; and]

              (c) annual fee payable by advocates to the Bar Council on whose roll their names are entered:

    Provided that no person whose name is entered on the roll under clause (a) of section 25, clause
(a) of section 24 2[or clause (a) of section 23] as an advocate, an advocate of the High Court 2[or an
advocate of the Supreme Court] shall be required to pay the fee for enrolment as such advocate.

    (2) The fee referred to in clause (a) 2[or clause (b)] of sub­section (1) may be paid in such
instalments, if any, as may be prescribed.

    (3) The annual fee referred to in clause (c) of sub­section (1) shall be paid by such date as may be
prescribed.

    (4) If an advocate fails to pay an instalment of fee or the annual fee payable by him by the
prescribed date he shall be liable to pay such further fee for late payment as may be prescribed:

     Provided that, if he fails to pay such instalment or fee within a period of six months following the
date on which it becomes due, he shall by notice be asked to show cause why his name be not struck
off the roll of advocates and if the explanation is unsatisfactory his name shall be struck off the roll of
advocates and shall not be restored except upon payment of the instalment or fee due and such
penalty not exceeding the amount of such instalment or fee as may be prescribed, unless the
enrolment committee, having regard to the circumstances of the case, exempts any person from the
payment of such penalty.

1 Added by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 14.
2 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 11, which was omitted by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, I985 (16 of
1985) s. 9, to read as above.




                                                                                Page 21 of 40
    35. Order in which names shall be entered in the roll.—(1) Entries in the roll shall be made in
the order of seniority and such seniority shall be determined as follows namely:—

              (a) all such persons as are referred to in 1[clause (a) of section 23,] clause (a) Of section 24 or
                  clause (a) of section 25 shall be entered first in the order in which they were respectively
                  entitled to seniority inter se immediately before the commencement of this Act; and

              (b) the seniority of any other person admitted, after that date, to be an advocate or an
                  advocate of the High Court 1[or an advocate of the Supreme Court] shall be determined
                  by the date of his admission :

    Provided that, for the purposes of clause (b), the seniority of a person who, before his admission
as an advocate, was entitled as of right to practise in any other High Court shall be determined by the
date on which he became so entitled.

    (2) Where the date of seniority of two or more persons is the same, the one senior in age shall
rank as senior to the other.

    36. Certificate of enrolment. A Bar Council shall issue a certificate of enrolment in the
prescribed form to every person enrolled under section [31]2.

    37. Copy of roll to be kept with 3[Supreme Court and High Court]—4[(1) The Pakistan Bar
Council shall send to the Supreme Court an authenticated copy of the roll as prepared under section
23 and shall thereafter communicate to the Supreme Court all alterations in, and additions to, the roll
as soon as the same have been made.]

    (2) The Provincial Bar Council shall send to the High Court a copy of the rolls as prepared under
section 24 and section 25 and shall thereafter communicate to the High Court all alterations in, and
additions to, any such roll as soon as the same have been made.

    38. Copies of rolls to be sent to Pakistan Bar Council. Each Provincial Bar Council shall send
to the Pakistan Bar Council an authenticated copy of the roll of advocates of the High Court and the
roll of the other advocates prepared by it for the first time under this Act and shall thereafter
communicate to the Pakistan Bar Council all alterations in, and additions to, any such roll as soon as
the same have been made.

   39. Common roll of advocates.—(1) The Pakistan Bar Council shall prepare and maintain a
common roll of advocates of the High Court and a common roll of the other advocates which shall
comprise the entries made in all the Provincial rolls of the advocates of the High Court or, as the case
may be, of the other advocates.

   (2) Entries in the common roll shall be in the order of seniority which shall be determined in
accordance with the principles laid down in section 35.

1 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987). s. 12, which was previously omitted by Ord. 16 of 1985, s. 10.
2 Subs. and added by Act XII of 05, ss. 18 and 19.
3 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987) s. 13, which was previously omitted by Ord. 16 of 1985. s. II.
4 Sub­section (1) which was previously omitted by the Legal Practitioners and Bar Councils (Amdt.) Ordinance 1985 (16 of 1985) s.11, has been inserted by Act 8 of 1987, s. 13, to read
as above.




                                                                                 Page 22 of 40
       1[39A.Cessation to practice as an advocate. Any advocate who incurs any of the
disqualifications enumerated in Section 28A shall cease to be an advocate and his name shall be
removed from the concerned roll of the advocates.

   39B. Powers of disciplinary Committee. If any person referred to in Section 39A, practices in
contravention of this Act or the Rules made thereunder then__

               (a) in case of a senior advocate of the Supreme Court or advocate of the Supreme Court
                   including an advocate­on­record, the disciplinary Committee of the Pakistan Bar Council;
                   and
               (b) in case of any other advocate, the disciplinary Committee of a Provincial Bar Council,

may of its own motion or otherwise take cognizance thereof and proceed against him under this
Chapter for such disciplinary action as is provided by law, in addition to criminal prosecution of such
person under Section 58 of this Act.

    39C. Provisions of Sections 39A and 39B to apply. The provisions of Sections 39 A and 39B
shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules
made thereunder.]

   40. Right of preaudience.—(1) The Attorney­General for Pakistan shall have the right of pre­
audience over all other advocates.

    (2) Subject to sub­section (1), the Advocate­General of a Province 2[or Islamabad Capital
Territory] shall have the right of pre­audience over all other advocates; and the right of pre­audience
among the Advocates­General shall be determined by the date of appointment to their respective
offices.

       (3) The right of pre­audience among other advocates shall be determined by their seniority inter
se.

                                                 3[CHAPTER VII CONDUCT OF ADVOCATES

       4[41. Punishment of advocates for misconduct.­(1) An advocate may, in the manner hereinafter
provided, be reprimanded, suspended, removed from practice or be made to pay such amount of
compensation, fine or penalty as may be ordered if he is found guilty of professional or other
misconduct.

    (2) A complaint that an advocate has been guilty of misconduct may be made by any Court or
person­

               (a) in the case of an advocate of the Supreme Court, to the Pakistan Bar Council; and
               (b) in any other case, to the Provincial Bar Council.

1 Subs. and added by Act XII of 05, ss. 18 and 19.
2 Ins. by Act V of 2014.
3 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 14. This chapter has previously been amended by Ord. 16 of 1985, s. 13, to read as above.
4 Subs. and Ins. by VIII of 08, ss. 6­8 (valid up to 3­3­09).




                                                                               Page 23 of 40
    (3) Every complaint against an advocate made under sub­section (2), except where the complaint
has been made by a Court, shall be accompanied by such fee as may be prescribed by the Pakistan
Bar Council from time to time;

    (4) Upon receipt of a complaint under sub­section (2) against any advocate, the disciplinary
committee of the Bar Council may, unless it summarily rejects the complaint, after making such
inquiry and giving the parties such opportunity of being heard as it may consider necessary, either
reject the complaint or refer the same to a Tribunal for decision :

   Provided that the disciplinary committee shall not summarily reject a complaint made by the
Supreme Court or a High Court.

    (5) Any person whose complaint is rejected by the disciplinary committee under sub­ section (4)
may within thirty days of the day on which the order of the committee is communicated to him,
prefer an appeal to the Tribunal, whose decision in such appeal shall be final.

    42. Tribunals of Bar Councils.­ (1) The Pakistan Bar Council may constitute one or more
Tribunals each consisting of two of its members elected by it for the purpose and a Judge of the
Supreme Court nominated by the Chief Justice of Pakistan, who shall be the Chairman.

    (2) A Provincial Bar Council may constitute one or more Tribunals each consisting of two of its
members elected by it for the purpose and a Judge of the High Court nominated by the Chief Justice
of that Court, who shall be the Chairman.

   43. Procedure in inquiries.__ (1) In inquiries relating to conduct of advocates, the Tribunal shall,
except as hereinafter provided, follow such procedure as may be prescribed.

    (2) The tribunal shall fix a date for the hearing of the case and shall cause notice of the day so
fixed to be given to the complainant to the advocate concerned and to the Advocate­General of the
Province and shall afford to the complainant, the advocate concerned and the Advocate­General an
opportunity of leading evidence, if any, and of being heard before orders are passed in the case.

   (3) The Chairman of the Tribunal may empower one of the members of the Tribunal to consider
and decide preliminary issues and to record evidence.

    (4) The Tribunal may, where it considers it necessary so to do, require the person making a
complaint, except where the complaint has been made by a Court, to deposit with the Tribunal, as
security for costs, such sum as it may specify.

    (5) On completion of the inquiry, the Tribunal may either dismiss the complaint or, where the
complaint referred to the Tribunal was made at the motion of a Bar Council, direct that the
proceedings be filed; or it may make an order imposing any of the penalties referred to in sub­section
(1) of section 41.

1 Ins. by Act V of 2014.
2 Added by Act VI of 2015.




                                            Page 24 of 40
    (6) Where the Tribunal makes an order for the suspension of an advocate from practice, it shall
specify the period of suspension, and for that period the advocate shall be debarred from practising in
any Court or before any authority or person in Pakistan.

    (7) The Tribunal may, of its own motion or on application made to it in this behalf, review any
order passed under sub­section (5) and maintain, vary or rescind the same, as it thinks fit.

     (8) When any advocate is punished under section 41, the same shall be entered against his name
in the Provincial roll or, as the case may be, the roll of advocates of the Supreme Court maintained by
the Pakistan Bar Council, and the common roll, and when an advocate is removed from practice his
name shall forthwith be struck off the roll; and the certificate of any advocate so suspended or
removed shall be recalled.

    44. Order as to costs.__ (1) A disciplinary committee and a Tribunal may make such order as to
costs of proceedings before it as it may deem fit; and where the Committee or, as the case may be,
the Tribunal is of the opinion that a complaint made against an advocate is false and vexatious, it
may, without prejudice to any other remedy available to the advocate, impose upon the complainant
such compensatory costs as may be deemed reasonable:

    Provided that no order under the sub­section shall be made against a Court or the presiding
officer of a Court or a Bar Council.

    (2) The Tribunal may on an application made to it in this behalf within the prescribed period,
revise any order passed by a Disciplinary Committee under sub­section (1) or, of its own motion or on
application so made, review any order passed by the Tribunal under that sub­section and may, in
either case, maintain, vary or rescind the same, as it thinks fit.

    (3) Subject to sub­section (2), every order of the disciplinary committee or the Tribunal under
sub­section (1) shall be executable­

              (a) if the committee is appointed, or the Tribunal is constituted, by the Pakistan Bar Council,
                   as if it were an order of the Supreme Court; and

              (b) if the committee is appointed, or the Tribunal is constituted, by a Provincial Bar
                  Council, as if it were an order of the High Court.

    45. Powers of the Tribunal and disciplinary committee in inquiries.­(1) For the purposes of
any such inquiry as aforesaid, a disciplinary committee and a Tribunal shall have the same powers as
are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the
following matters, namely­

              (a) enforcing the attendance of any person,

              (b) compelling the production of documents, and

              (c) issuing commissions for the examination of witnesses:

    Provided that the disciplinary committee or the Tribunal shall not have power to require the
attendance of the presiding officer of any civil or

1 Ins. by Act V of 2014.




                                                  Page 25 of 40
criminal court save with the previous sanction of the High Court or, in the case of the presiding
officer of a Revenue Court, of the Provincial Government.

    (2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of
Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860); and a disciplinary committee
and a Tribunal shall be deemed to be a civil court for the purpose of Section 480 and 482 of the Code
of Criminal Procedure, 1898 (Act V of 1898).

   (3) For the purpose of enforcing the attendance of any person or of compelling the production of
documents or issuing commissions,__

              (a) the local limits of the jurisdiction of a disciplinary committee and a Tribunal shall be those
                   of the jurisdiction of the Bar Council by which the Committee has been appointed or, as
                   the case may be, the Tribunal has been constituted; and

              (b) a disciplinary committee and a Tribunal may send to any civil court having jurisdiction in
                  the place where the Committee or, as the case may be, the Tribunal is sitting, any
                  summons or other process for the attendance of a witness or the production of a
                  document required by the Committee or Tribunal, or any commission which it desires to
                  issue, and the civil court shall serve such process or issue such commission, as the case
                  may be, and may enforce any such process for attendance or production before itself.

    (4) Proceedings before a disciplinary committee or a Tribunal in any such inquiry shall be
deemed to be civil proceedings for the purposes of Article 15 of Qanoon­e­ Shahadat, 1984
(P.O. No. 10 of 1984) and the provisions of that Article shall apply accordingly.

    46. Disciplinary Powers of the Pakistan Bar Council.­(1) Notwithstanding anything
contained in this Chapter, the disciplinary committee of the Pakistan Bar Council may, of its own
motion, withdraw for inquiry before itself any proceedings for disciplinary action against any
advocate pending before a Provincial Bar Council or a disciplinary committee thereof and dispose of
the same.

   (2) In disposing of any case under this section, the disciplinary committee of the Pakistan Bar
council shall observe, so far as may be, the procedure laid down in section 43, the reference to the
“Advocate­General” in that section being construed as reference to the “Attorney­General for
Pakistan”.

    (3) In disposing of any case under this section, the disciplinary committee of the Pakistan Bar
Council may make any order, which the Tribunal can make under Section 43, and the Tribunal shall
give effect to any such order:

   Provided that every order passed hereinabove shall be subject to the approval of the Pakistan Bar
Council.

       47. Appeal to the Pakistan Bar Council.­ (1) Any person aggrieved by an order of a

1 Ins. by Act V of 2014.




                                                   Page 26 of 40
   Provincial Tribunal under section 43 may, within sixty days from the date on which the order is
communicated to him, prefer an appeal to the Pakistan Bar Council.

   (2) Every such appeal shall be heard by the disciplinary committee of the Pakistan Bar council
which may pass such order thereon as it may deem fit.

    48. Appeal to the Supreme Court.__ Any person aggrieved by an order made by the disciplinary
committee of the Pakistan Bar Council under sub­section (3) of section 46 or sub­section (2) of
section 47 or a final order of a Tribunal of the Pakistan Bar Council, may, within sixty days from the
date on which the order is communicated to him, prefer an appeal to the Supreme Court which may
pass such order thereon as it may deem fit.

   49. Application of sections 5 and 12 of the Limitation Act, 1908. ­ The provisions of sections 5
and 12 of the Limitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply to appeals made
under section 47 or section 48.

    50. Stay of order.__ An appeal made under section 47 or section 48 shall not operate as a stay of
the order appealed against but the disciplinary committee of the Pakistan Bar Council or the Supreme
Court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and
conditions as it may deem fit.

    51. Powers of the disciplinary committee.__ The disciplinary committee of the Pakistan Bar
Council shall have the same powers as are vested in a Tribunal by section 45 and that section shall
apply to the disciplinary committee, the reference to the “Tribunal” in that section being construed as
a reference to the “disciplinary committee of the Pakistan Bar Council”.
       1[52. Execution of an order of a Bar Council, a Committee or a Tribunal.__ Subject To the
provisions of this Act and the Rules made thereunder every order of a Bar Council, a Committee or a
Tribunal shall be executable,__
               (a) in case of Pakistan Bar Council, its Committee or Tribunal as if it were an order of the
                   Supreme Court; and
               (b) in case of a Provincial Bar Council, its Committee or Tribunal as if it were an order of a
                   High Court.]
   53. Review of the order by disciplinary committee. The disciplinary committee of the Pakistan
Bar Council may of its own motion or otherwise review any order passed by it under this Chapter.

    54. Power of Supreme Court and High Court to suspend advocates from practice.­(1) The
Supreme Court or a High Court may, while making a complaint under sub­section (2) of section 41
against an advocate, make an order for the suspension of the Advocate from practice if, after hearing
such advocate, the Court is of the opinion that he has committed an act of grave indiscipline in the
view of the Court or grave professional misconduct in relation to any proceeding before it, and his
immediate suspension is in relation to any proceeding before it, and his immediate suspension is
expedient or necessary in the interest of administration of justice.

   (2) On a complaint made to it against an advocate by a Court subordinate to it, the High Court
may:­

1 Subs. by Act XII of 05, s. 27.




                                                  Page 27 of 40
              (a) make an order under sub­section (1) in respect of such advocate if, after hearing him, it is
                  of the opinion that he has committed grave professional or other misconduct in relation
                   to any proceeding before such subordinate Court, and his immediate suspension,
                  pending the proceedings before the Bar Council, is expedient or necessary in the public
                  interest and forward the complaint to the Provincial Bar Council for action in accordance
                  with section 41; or

              (b) without making any order under sub­section (1), forward the complaint to the Provincial
                  Bar Council for action in accordance with section 41; or

              (c) direct that no further action need be taken in respect of the complaint”.].

                                                                               CHAPTER VIII

                                                                                       RULES

    55. Power of Pakistan Bar Council to make rules. The Pakistan Bar Council may, by
notification in the official Gazette, make rules1 to provide for—

              (a) the manner in which the election of members of a 2* Bar Council shall be held and the
                  manner in which results of election shall be published;

              (b) the manner in which the election of the Vice­Chairman of a Bar Council shall be held;

              (c) the manner in which and the authority by which doubts and disputes as to the validity of
                   an election to 3[a Bar Council] or to the office of the Vice­ Chairman of a Bar
                   Council shall be finally decided;

              (d) the powers and duties of the Chairman and Vice­Chairman of a Bar Council;

              (e) the summoning and holding of meetings of the Pakistan Bar Council, the times and places
                   where such meetings are to be held, the conduct of business thereat and the number of
                   members necessary to constitute a quorum;

              (f) the constitution and functions of any committee of the Pakistan Bar Council and the term
                   of office of the members of any such committee;

1 The Pakistan Legal Practitioners and Bar Councils Rules, 1976, vide S.R.O. No. 476(I)/76, dated 21­5­1977, see Gaz. of P., 1976, Ext., (Islamabad), Pt II, pp. 901—937; and for the Pakistan
Bar Council Employees Services rules, vide S.R.O, No. 1000(I)/76, dated 10­9­76, ibid., pp. 1983—88.
2 The word "Provincial" omitted by the Legal Practitioners and Bar Councils (Amdt.) Act, 1973 (36 of 1973), s. 4.
3 Subs, ibid., for "the Provincial Bar Council".




                                                                                 Page 28 of 40
               (g) the summoning and holding of meetings of such committees, the conduct of business
                   thereat and the number of members necessary to constitute a quorum ;

               (h) the qualifications and terms and conditions of service of staff to be employed by the
                   Pakistan Bar Council;

               (i) matters pertaining to management, administration, utilization and investment of the fund of
                   the Pakistan Bar Council;

               (j) the constitution of separate funds for special purposes by the Pakistan Bar Council;

               (k) the maintenance of books of accounts and other books by the Pakistan Bar Council;

               (l) the appointment of auditor and the audit of the accounts of the Pakistan Bar Council;

               1[(m) the form and manner in which applications for admission as an advocate of the
                       Supreme Court are to be made and the manner in which such applications are to be
                       disposed of;]

               (n) the fee payable for enrolment or in respect of any other matter under this Act, and the
                   instalments, if any, in which such fee may be paid;

               (o) the forms in which a certificate of enrolment shall be given to a person enrolled as an
                   advocate or an advocate of the High Court 1[or an advocate of the Supreme Court];

               (p) the standards of professional conduct and etiquette to be observed by advocates;

               (q) the standards of legal education to be observed by universities in Pakistan and the
                   inspection of universities for that purpose;

               (r) the circumstances in which and the conditions subject to which nationals of any foreign
                   country may be admitted as advocates and foreign qualifications may be recognised for
                   purposes of their admission;

               2[(s) the procedure to be followed by Tribunals constituted by the Pakistan Bar Council in
                       inquiries relating to the conduct of an advocate;]



1 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 16, This clause had been amended by the Legal Practitioners and Bar Councils (Amdt.) Ordinance,
1985 (16 of 1985). s. 14, to read as above.
2 Ins. by Ord. VIII of 08, s. 9 (valid up to 3­3­09)




                                                                              Page 29 of 40
                (t) the general principles for guidance of the Provincial Bar Councils 1[;].

               2[(u) the forming, recognition, derecognition and functioning of a Supreme Court Bar
                      Association or any Bar Association at the national level:]

   Provided that no rules made with reference to clause (r) shall have effect unless they have been
approved by the Federal Government 3[:]

       4[Provided further that, for holding the first elections to the Bar Councils to be constituted under
this Act, rules with reference to clauses (a), (b) and (c) shall be made by the Federal Government and
notified in the official Gazette.]

    56. Power of Provincial Bar Council to make rules. 5[A] Provincial Bar Council may, by
notification in the official Gazette, make rules to provide for—

               (a) the summoning and holding of meetings of the Bar Council, the times and places where
                   such meetings are to be held, the conduct of business thereat and the number of members
                   necessary to constitute a quorum;

               (b) the constitution and functions of any committee of the Bar Council and the term of office
                   of the members of any such committee;

               (c) the summoning and holding of meetings of the committees of the Bar Council, the conduct
                    of business thereat and the number of members necessary to constitute a quorum;

               (d) qualifications and terms and conditions of service of staff to be employed by the Bar
                   Council;

               (e) the matters pertaining to management, administration, utilization and investment of the
                   fund of the Bar Council;

               (f) the constitution of separate funds for special purposes by the Bar Council;

               (g) the maintenance of books of accounts and other books by the Bar Council;

               (h) the appointment of auditors and the audit of the accounts of the Bar Council;

               (i) the course of practical training in law and the examination to be passed after such training
                    for admission as an advocate;

1 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Ord. 1978 (40 of 1978), s. 12. for the colon.
2 New clause (u) ins. ibid., has been subs, by Ord. 17 of 1982, s. 22.
3 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1973 (36 of 1973), s. 4, for full­stop.
4 Proviso added ibid., s. 4.
5 Subs, by the Legal Practitioners and Bar Councils (Amdt.) Act. 1987 (8 of 1987), s. 17 for certain words which were previously subs. by Ord. 17 of 1982, s. 23, for "A".




                                                                                  Page 30 of 40
               (j) the form and manner in which applications for admission as an advocate or an advocate,
                    of the High Court are to be made and the manner in which such applications are to be
                    disposed of;
               (k) the conditions subject to which a person may be admitted as an advocate or an advocate
                    of the High Court;
               1[“(l) the procedure to be followed by a Tribunal constituted by the Bar Council in inquiries
                    relating to the conduct of an advocate;]
               (m) the forming and regulation of firms of lawyers either throughout the Province or any
                    specified part thereof;
               (n) the recognition 2[, derecognition] and functioning of Bar Associations.

                                                                                     ________

                                                                                CHAPTER IX

                                                                          MISCELLANEOUS

       3["57. Grants to Bar Councils and Bar Associatins. The          Federal Government, and the
Provincial Governments may make grants­in­aid to the Pakistan Bar Council, Islamabad Bar Council,
Provincial Bar Councils and the Bar Associations as there Governments may deem fit, having regard
to the total number of advocates on the roll of a Bar Council or a Bar Association and in certain cases
keeping in view also the requirements of a particular Bar Council or a Bar Association in accordance
with the prescribed procedures."]

    58. Penalty for illegal practice.—4[“(1) Any person who is not an advocate and practices the
profession of law or any person who is not entitled under this Act to practice in the Supreme Court,
 a High Court or any other Court or Tribunal subordinate thereto practices before the said
Court or Tribunal shall be punished with imprisonment for a term which may extend to three years, or
with fine upto fifty thousands rupees, or with both.]

    (2) Any advocate who practises the profession of law, or acts or appears as agent for any other
person, while he is suspended from practice shall be punished with imprisonment for a term which
may extend to one year, or with fine, or with both.

    59. Power to frame and publish lists of touts.—(1) Every High Court, District Judge, Sessions
Judge, District Magistrate and every Revenue­officer, not being below the rank of a Collector of a
district (each as regards their or his own Court and the courts, if any, subordinate thereto), may frame
and publish lists of persons proved, to their or his satisfaction, or to the satisfaction of any
subordinate court as provided in sub­section (3), by evidence of general repute or otherwise, to
habitually act as touts, and may, from time to time, alter and amend such lists.

    Explanation.—The passing of a resolution, declaring any person to be or not to be a tout, by a
majority of the members present at a meeting, specially convened for the purpose, of an association
of persons entitled to practise the profession of law in any court or revenue­office, shall be prima
facie evidence of the general repute of such person and of the fact that he is, or is not, a tout.

1 Ins. by Ord. VIII of 08, s. 10 (valid up to 3­3­09)
2 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 23.
3 Subs. by the Legal Practitioners and Bar Councils (Amdt.) Act III of 2017,s.57.
4 Subs. by Act XII of 05, s. 28.




                                                                                 Page 31 of 40
   (2) No person's name shall be included in any such list until he shall have had an opportunity of
showing cause against such inclusion.

    (3) Any authority empowered under sub­section (1) to frame and publish a list of touts may send
to any court subordinate to such authority the names of any persons alleged or suspected to be touts,
and order that court to hold an inquiry in regard to such persons; and the subordinate court shall
thereupon hold an inquiry into the conduct of such persons and, after giving each such person an
opportunity of showing cause as provided in subsection (2), shall report to the authority which has
ordered the inquiry the name of each such person who has been proved to the satisfaction of the
subordinate court to be a tout; and that authority may include the name of any such person in the list
of touts framed and published by that authority:

   Provided that such authority shall hear any such person who, before his name is so included,
appears before it and desires lo be heard.

       (4) A copy of every such list shall be kept hung up in every court to which the same relates.

   (5) The court or Judge may, by general or special order, exclude from the precincts of the court
any person whose name is included in any such list.

    (6) Any person who acts as a tout whilst his name is included in any such list shall be punishable
with imprisonment which may extend to three years, or with fine, or with both.

     Explanation.—Any person ordered to be excluded from the precincts of a court under the
provisions of sub­section (5), if found on such precincts while such order is in force, shall be deemed,
unless the contrary be proved, to be at such precincts for the purposes of acting as a tout.

       1*                            *                            *                       *                          *   *   *

       (8) An offence under sub­section (6) shall be non­bailable:

       2*                            *                            *                       *                          *   *   *

       3*                            *                            *                       *                          *   *   *

    59B. Removal from Bar Association.—(1) An advocate who has once been admitted as a
member of a Bar Association shall not be [expelled or removed]4 from such membership except on
the ground that he has either incurred any of the disqualifications for the membership of a Bar
Council under this Act or been in default in paying the fees of the Bar Association for a period of not
less than twelve months:

1 Sub­section (7) omitted by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1978 (40 of 1978), s. 13.
2 Proviso omitted by the Legal Practitioners and Bar Councils (Amdt.) Ordinance, 1982 (17 of 1982), s. 24.
3 Section 59 A ins. ibid., s. 25, has been omitted by 8 of 1987, s. 19.
4 Subs. by Ord. LXIX of 07, s. 11.




                                                                                Page 32 of 40
   Provided that the membership of an advocate who is removed on the ground of his having been in
such default shall stand restored if he pays up the fees due within sixty days of such removal 1[:]

       1[“Provided further that no member of a Bar Association shall be expelled or removed form

membership by any Bar Association without giving him opportunity of being heard 2[* * *].

       3*                            *                         *                          *                 *   *   *

    60. Power of the High Court relating to remuneration of advocates. The High Court shall
from time to time fix and regulate the fees payable by any party in respect of the fees of his
adversary's advocate in all proceedings in such High Court and in the courts subordinate to such High
Court.

    61. Group Insurance.—(1) The Pakistan Bar Council may from time to time arrange for the
insurance of the life of such advocates of the Supreme Court who are borne on its roll as have not
attained the age of sixty­five years, and a Provincial Bar Council may like­wise arrange for the
insurance of the life of such advocates borne on its rolls as have not attained the age of sixty­two
years, and for such period as it deems fit.

   (2) Where any such arrangement as has been referred to in sub­section (1) has been made by a
Bar Council—

               (a) it shall establish a separate Group Insurance Fund which shall vest in and be administered
                    by the Bar Council;

               (b) every advocate whose life has been insured under such arrangement shall pay to the Bar
                   Council, annually, monthly or at such other intervals as may be prescribed, such sum of
                   money as the premium for the insurance of his life, as may be determined by the Bar
                   Council;

               (c) all sums received as premia under clause (b) and any interest or profit accruing thereon
                   shall be credited into the Group Insurance Fund of the Bar Council;

               (d) all expenses incurred by the Bar Council on the arrangements with an Insurance Company
                   or other insurer and on the administration of the Group Insurance Fund shall be defrayed
                   from such Fund; and

               (e) any sums remaining in such Fund after defraying the expense referred to in clause (d) may
                   be utilized for such purposes connected with the welfare of advocates as may be
                   prescribed.

    (3) The provisions of sub­section (4) of section 34 shall apply to the insurance premia required to
be paid under clause (d) of sub­section (2), as if such premia were an annual fee or instalment of a fee
payable under that section.

1 Subs. and added by Ord. LXIX of 07, s. 11.
2 Omitted by Ord. VIII of 08, s. 11 (valid up to 3­3­09).
3 Sub section (2) omitted by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987) s.19.




                                                                                Page 33 of 40
   62. Benevolent Fund.—(1) A Bar Council may establish a fund to be called the Advocates
Benevolent Fund.

       (2) Where a Bar Council establishes a Benevolent Fund—

              (a) if it be the Pakistan Bar Council, every advocate of the Supreme Court 2[borne on its
                   roll], and if it be a Provincial Bar Council, every advocate borne on its rolls, shall pay to
                   the Benevolent Fund, annually, monthly or at such other intervals as may be prescribed,
                   such amount as his contribution to the Fund as may be determined by the Bar Council;

              (b) the moneys credited into the Fund shall be kept in such bank as may be prescribed;

              (c) the Fund shall be utilized, in such manner as may be prescribed by the Bar Council, for

                       (i) the relief of advocates and their families;

                       (ii) giving financial relief to the families of deceased advocates;

                       (iii) making grants to advocates on special occasions; and

                       (iv) defraying expenditure in respect of the management of the Fund.

   (3) The provisions of sub­section (4) of section 34 shall apply to contributions required to be
made to the Benevolent Fund under clause (a) of sub­section (2) as if such contributions were an
annual fee or instalment of fee payable under that section.
       2[“(4) An advocate shall not exercise the rights and privileges under this Act without making
payment of the dues to the Pakistan Bar Council or a Provincial Bar Council as may be prescribed by
the Rules or Bye­laws of such Bar Council.

    (5) Every advocate shall be liable to pay contributions to the Benevolent Fund under this section
and the Rules made thereunder to the Provincial Bar Council concerned notwithstanding his
enrolment as an advocate or advocate­on­record of the Supreme Court of Pakistan.”]

   63. Validation.—(1) Notwithstanding the constitution of new Provinces and the establishment of
new High Courts by or under the Province of West Pakistan (Dissolution) Order, 1970 (P.O. No. 1 of
1970), or any law, judgement, order or decree of a Court—

              (a) any powers exercised or functions and duties performed or undertaken by the Pakistan
                  Bar Council or the West Pakistan Bar Council constituted under the Legal Practitioners
                  and Bar Councils Act, 1965 (III of 1965)or by any committee thereof, or Tribunal
                  appointed by it, in accordance with the provisions of the said Act, shall always be deemed
                  to have been validly exercised, performed or undertaken; and

1 Ins. by the Legal Practitioners and Bar Councils (Amdt.) Act, 1987 (8 of 1987), s. 20. This clause had previously been amended by the Legal Practitioners and Bar Councils (Amdt.)
Ordinance, 1985 (16 of 1985), s. 15, to read as above.
2 Added by Act XII of 05, s. 29.




                                                                               Page 34 of 40
              (b) no action, proceeding, decision, order or finding of such Bar Council, committee or
                  Tribunal shall be called in question before any Court or other authority, only on the
                  ground of the dissolution of the Province of West Pakistan, the constitution of new
                  Provinces in its place or the establishment of new High Courts in the place of the High
                  Court of West Pakistan.

    64. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII
of 1981), s. 3 and Sch., II.

   65. [Continuance of existing Bar Councils.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVlI of 1981), s. 3 and Sch., II.

   66. [Dissolution of existing Bar Councils, etc.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.

    67. Continuance in service of the employees of the West Pakistan Bar Council. Every person
in the employment of the West Pakistan Bar Council immediately before its dissolution, at whatever
place he may for the time being be serving, shall be deemed, as from the constitution of Provincial
Bar Councils under this Act, to be in the employment of the Bar Council for the Province or
Provinces in which the said place is situated, and shall be entitled to the same terms and conditions of
service as respects remuneration and leave as he was entitled to before the constitution of the last
named council.

    68. Savings.—(1) Nothing in this Act shall apply to mukhtars and revenue agents and every
mukhtar and revenue agent practising as such immediately before the commencement of this Act
shall continue to enjoy the same rights as respects practice in any Court or revenue office or before
any authority or person as he enjoyed; and be subject to the disciplinary jurisdiction of the same
authority to which he was subject, immediately before such commencement, and the provisions of the
Legal Practitioners Act, 1879 (XVIII of 1879), or other law shall have effect in relation to such
persons as if they had not been repealed by the said Act.

                                                    1[SCHEDULE


                                                   [See Section 5(2) (b)]

                                                   Punjab Bar Council:
                                                   Group of Districts­I

       Name of District                                                     Seats
       (1) Bahawal Nagar                       …                              01
       (2) Bahawalpur                          …                              03
       (3) Rahim Yar Khan                      …                              02

1 Omitted and added by Act XII of 05, s. 30.




                                                    Page 35 of 40
                           Group of Districts­II

Name of District                                    Seats
(1) Dera Ghazi Khan   …                             01
(2) Layah             …                              01
(3) Muzaffargarh      …                              02
(4) Rajanpur           …                             01

                           Group of Districts­III

Name of District                                    Seats
(1) Khanewal          …                              02
(2) Lodhran           …                              01
(3) Multan            …                               04
(4) Pakpattan         …                              01
(5) Sahiwal           …                              02
(6) Vehari            …                              02

                           Group of Districts­IV

Name of District                                    Seats
(1) Faisalabad        …                              04
(2) Jhang             …                              02
(3) Toba Tek Singh    …                              01

                           Group of Districts­V

Name of District                                    Seats
(1) Attock            …                                01
(2) Chakwal           …                               01
(3) Islamabad         …                              01
(4) Jhelum            …                              01
(5) Rawalpindi        …                              04

                           Group of Districts­VI

Name of District                                    Seats
(1) Bhakkar           …                              01
(2) Khushab           …                              01
(3) Mianwali          …                               01
(4) Sargodha          …                             02




                           Page 36 of 40
                              Group of Districts­VII

Name of District                                         Seats
(1) Gujranwala           …                                 03
(2) Gujrat               …                                 02
(3) Hafizabad           …                                  01
(4) Mandi Bahauddin     …                                 01
(5) Narowal             …                                  01
(6) Sialkot              …                                 02

                              Group of Districts­VIII

Name of District                                        Seats
(1) Kasur                …                                02
(2) Lahore              …                                16
(3) Okara               …                                 02
(4) Sheikhupura         …                                02

Sindh Bar Council:

                               Group of Districts­I

Name of District                                        Seats
(1) Karachi (South)     ….                               06
(2) Karachi (Central)   ….                               04
(3) Karachi (East)      ….                               04
(4) Karachi (West)      ….                               01
(5) Malir                ….                               01

                               Group of Districts­II

Name of District                                        Seats
(1) Badin + Thatta      ….                               01
(2) Dadu                ….                                01
(3) Hyderabad           ….                               03

                              Group of Districts­III

Name of District                                        Seats
(1) Sukkur              ….                               02
(2) Ghotki              ….                               01
(3) Khairpur            ….                               01
(4) Naushero Feroze     ….                              01
(5) Nawab Shah          ….                              01




                               Page 37 of 40
                                       Group of Districts­IV

Name of District                                                    Seats
(1) Jaccobabad                   ….                                 01
(2) Larkana                      ….                                 02
(3) Shikarpur                    ….                                  01

                                           Group of Districts­V

Name of District                                                    Seats
(1) Mirpur Khas                  ….                                   01
(2) Sanghar                      ….                                  01

N.W.F.P. Bar Council

                                           Group of Districts­I

Name of District                                                     Seats
(1) Peshawar                     ….                                  07
(2) Charsada                     ….                                  01
(3) Nowshera                     ….                                  01

                                           Group of Districts­II

Name of District                                                    Seats
(1) Mardan                       ….                                  02
(2) Swabi                        ….                                  01

                                           Group of Districts­III

Name of District                                                     Seats
(1) Kohat + Hangu               ….                                    01
(2) Karak                        ….                                   01

                                       Group of Districts­IV

Name of District                                                     Seats
(1) D.I. Khan + Tank            ….                                    02
(2) Bannu                       ….                                    01
(3) Lakki Marwat                ….                                    01

                                           Group of Districts­V

Name of District                                                      Seats
(1) Haripur                      ….                                     01
(2) Abbottabad                  ….                                     02
(3) Mansehra + Batagram        ….                                     02

                                       Group of Districts­VI

Name of District                                                     Seats
(1) Mingora (Swat)               ….                                    01
(2) Shangla (Alipur)+ Kohistan ….                                     01
(3) Daggar (Baner) +Malakand at Batkhela                             01



                                           Page 38 of 40
(4) Timargara (Dir)+ Dir Bala      ….                                 01
(5) Chitral                        ….                                  01

Balochistan Bar Council

                                             Group of Districts­I

Name of District                                                     Seats
Quetta + Chaghi + Noshki +
Khuzdar +Mustong +Kalat ….                                            04

                                             Group of Districts­II

Name of District                                                      Seats
Kech + Panjgor + Gwadar +
Lasbella + Kharan + Awaran ….                                          01

                                         Group of Districts­III

Name of District                                                      Seats
Sibbi + Bolan + Nasirabad +
Jaffarabad + Jhalmagsi + Kohlo +
Dera­Bugti                              ….                             01

                                         Group of Districts­IV

Name of District                                                     Seats
Zhob + Loralai + Musakhel +
Barkhan + Ziarat + Killa Saifullah +
 Killa Abdullah + Pashin                ….                             01



69. [Removal of difficulties.] Omitted by the Federal Laws (Revision and Declaration) Ordinance. 1981
(XXVIIof1981), s. 3. and Sch., II.




                                             Page 39 of 40
Page 40 of 40


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

Need legal advice on Legal Practitioners and Bar Councils Act?

LexForm advocates handle matters under Legal Practitioners and Bar Councils Act across Pakistan, the UK, the EU, and the US.