Legal Practitioners and Bar Councils Act, 1973
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THE LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
SCHEDULE ________
THE LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
ACT No. XXXV OF 1973
[22nd February, 1973]
An Act to repeal and, with certain modifications, re-enact 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
Section 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.
[1] Section 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.]
Section 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 und er 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;
(cc) 1[* * * * * * *]
(d) “High Court ”, in relat ion to a Provincial Bar Council 3[and Islamabad Bar Council], means the High Court of the Province 3[or Islamabad Capital Territory], as the case may be, for which that Council is constituted;
1Ins. and omitted by Act No. XII of 2005, ss. 2 and 3.
2Subs. by Act No. VIII of 1987, s. 2.
3Ins. and subs. by Act No. V of 2014, ss. 2 and 3.
1[(da) “Islamabad Bar Council” means Islamabad Bar Council f or 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 ” means a Provincial Bar Council of a Province and includes the Islamabad Bar Council;]
(i) “Provincial roll” 1[and Islamabad Bar Council 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 1[and Islamabad 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 1[and Islamabad Bar Council] ;]
(l) “subordinate court” means a court subordinate to the High Court;
(m) “tout” means a person—
(i) who procures, 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;
1Ins. by Act No. V of 2014, ss. 2 and 3.
2Subs. and Ins. by Act No. XII of 2005, s. 3.
3Ins. by Ordinance No. XL of 1978, s. 2.
4Subs. by Act No. XXXV of 2018, s. 2.
(n) “Tribunal”, in relation to a Bar Council, means a Tribunal constituted by it under this Act 1[; and]
1[(o) voter means:___
(i) in relation to election to a Provincial Bar Council 2[and Islamabad 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 2[and Islamabad Bar Council] and who is not in arrears of dues of the Provincial Bar Council 2[and Islamabad Bar Council] for a period exceeding six months; and
(ii) in relation to election to the Pakistan Bar Council, a member of the concerned Provincial Bar Council 2[and Islamabad Bar Council].]
________
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
Section 3. Constitution and incorporation of Bar Council s
(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; 2[*]
3[(ii) a Bar Council for each Province to be known as the Bar Council of the Province concerned 2[; and]]
2[(iii) Islamabad Bar Council for Islamabad Capital Territory.]
(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.
Section 4. Term of Bar Council
4[The] term of every Bar Council shall be 4[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:
5[Provided that the next elections of the Provincial Bar Councils and Islamabad Bar Council shall be held between the 1st October, 2020 a nd the 31st December, 2020 and term of the next Provincial Bar Councils and Islamabad Bar Council shall commence from the 1st January, 2021.]
6[* * * * * * *]
1Subs. and added of Act No. XII of 2005, s. 3.
2Ins., omitted, subs. and added by Act No. V of 2014, ss. 2 and 4.
3 Subs. by Ordinance No. XL of 1978, s. 3.
4Subs. by Ordinance No. XVII of 1982, s. 2.
5Subs. Act No. XXXV of 2018, s. 3.
6Replealed by the Revision and Declaration Ordinance 1981, s. 2 and Sch.
CHAPTER III
PROVINCIAL BAR COUNCILS
Section 5. Composition of Provincial Bar Council s
(1) Each Provincial Bar Council 1[and Islamabad Bar Council] shall consist 2[of] 2[(a) the AdvocateGeneral of the Province 1[or Islamabad Capital Territory, as the case may be,], exofficio; and]
(b) such number of 2[*] members as may be elected by the advocates on the Provincial roll 1[or Islamabad Bar Council roll, as the case may be,] from amongst themselves. 3[(2) The number of members to be elected to the Provincial Bar Councils shall be as follows:___
(a) Punjab Bar Council … 75 Sindh Bar Council … 33 N.W.F.P. Bar Council … 28 Balochistan Bar Council … 4[08]; 1[*] 1[Islamabad Bar Council … 05; 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.] 3[(2A) For the purpose of election of members of a Provincial Bar Council 1[and Islamabad Bar Council] from a di strict or districts under subsection (2) the advocates entered on the roll of 1[district or] group of districts as mentioned in the Schedule annexed hereto, shall constitute the electoral college.]
(3) 3[* * * * * * *]
(4) At an election of the members o f a Provincial Bar Council 1[and Islamabad Bar Council] an advocate shall have as many votes as the number of members to be elected 5[from the 3[district, or as the case may be, the group of districts] concerned]. 2[(5) A member may resign his office by writing under his hand addressed to the Chairman of the Council.]
(6) 5[* * * * * * *] 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 1[or Islamabad Capital Territory], whose decision thereon shall be final.
[6] Section 5A. Qualifications for membership of a Provincial Bar Council and the Islamabad Bar Council
A person shall be qualified to be elected as a member of a Provincial Bar Council and the Islamabad Bar Council if he,__
1Ins. and Omitted by Act No. V of 2014, ss. 2 and 5.
2Subs. and omitted by Ordinance No. XL of 1978, s. 4.
3Subs. and omitted by Act No. XII of 2005, s. 5.
4Subs. by Act No. XV of 2021, s. 2.
5Ins., added and omitted by Ordinance No. XVII of 1982, s. 3.
6Subs. by Act No. XXIV of 2025, s.2.
(a) is on the roll of advocates of High Court maintained by the concerned Provincial Bar Council and Islamabad Bar Council for not less than ten years;
(b) has, on the day of filing of the nomination paper, been an advocate for not less than fifteen years, and has individually conducted not less than thirty decided cases;
(c) has cleared all the dues payable by him to the Provincial Bar Council and Islamabad Bar Council; and
(d) has been a voter member of a Bar Association falling in the district, or districts in the case of Karachi, from where he is a candidate for a period of not less than five years.]
[1] Section 5B. Disqualifications for membership of a Provincial Bar Council and the Islamabad Bar Council
A person shall be disqualified to be elected as a member of a Provincial Bar Council and the Islamabad 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, sentenced to imprisonment for a term of not less than two years, except the one released five years ago; or
(c) has furnished false information for the purposes of enrollment with a Bar Council; or
(d) has been found guilty of professional misconduct; or
(e) has been declared a tout; or
(f) is an undischarged insolvent; or
(g) is guilty of violating the Code of Conduct for the Bar Councils elections framed under section 55(a) of this Act.]
Section 5C. Cessation of membership of Provincial Bar Council 2[and Islamabad Bar Council]
A member of a Provincial Bar Council 2[and Islamabad 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.]
Section 6. Chairman and Vice -Chairman of Provincial Bar Council 2[and Islamabad Bar Council]
(1) There shall be a Chairman and a ViceC hairman of each Provincial Bar Council 2[and Islamabad Bar Council]. 3[(2) The AdvocateGeneral for a Province 2[or Islamabad Capital Territory] shall be the Chairman of the Provincial Bar Council for that Province 2[or Islamabad Capital Territory, as the case may be,].
1Subs. by Act No.XXIV of 2025, s.3.
2Ins. and added by Act No. V of 2014, s. 7.
3Subs. by Ordinance No. XL of 1978, s. 5.
(2A) If a member of a Provincial Bar Council 1[and Islamabad Bar Council] is appointed as the AttorneyGeneral for Pakistan or as the AdvocateGeneral for a Province 1[or Islamabad Capital Territory], his seat in the Council shall become vacant.]
(3) The ViceChairman of each Provincial Bar Council 1[and Islamabad 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 office 2[until his successor enters upon his office].
(6) A ViceChairman may res ign 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.
Section 7. Time of holding elections to a Provincial Bar Council 1[and Islamabad Bar Council]
—Election to a Provincial Bar Council 1[and Islamabad Bar Council] shall be held 3[on the first Saturday] of November in the year in which the term of the Provincial Bar Council 1[and Islamabad 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 1[:] 1[Provided further that___
(a) elections to the first Islamabad Bar Council to be constituted under this Act shall be held so as to conclude; and
(b) the first Islamabad Bar Council to be constituted under this Act shall be constituted, on such day as the Federal Government may, by notification in the official Gazette, specify.] 4[Provided also that irrespective of expiry of term of the Provincial Bar Councils and Islamabad Bar Council, the next election of the said Bar Councils shall be held before the 31st day of December, 2020.] 3[Provided also that in case the elections cannot be held on the first Saturday, for any reasons, it shall be held on the second Saturday of November of the same year.]
1Ins. subs. and added by Act No. V of 2014, ss. 2, 7 and 8.
2Subs. by Ordinance No. XVII of 1982, s. 5.
3Subs. and added by Act No. XXIV of 2025, s.4.
4Ins. by Act No. XXXV of 2018, s. 5.
Section 8. Election to Provincial Bar Council 1[and Islamabad Bar Council] not to be questioned on certain grounds
No election of a member to a Provincial Bar Council 1[and Islamabad 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.
Section 9. Functions of a Provincial Bar Council 1[and Islamabad Bar Council]
(1) Subject to the provisions of this Act and the rules made thereunder, the functions of a Provincial Bar Council 1[and Islamabad 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 2[of the Province 1[or Islamabad Capital Territory] as well as of each 3[District] 1[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 1[and Islamabad 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 5[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 1[and Islamabad 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.
Section 10. Committees of Provincial Bar Council 1[and Islamabad Bar Council]
(1) A Provincial Bar Council 1[and Islamabad Bar Council] shall constitute the following standing committees, namely:—
1Ins. by Act No. V of 2014, ss. 2 and 9.
2
Ins. by Ordinance No. XL of 1978, s. 6.
3
Subs. by Act No. XII of 2005, s. 7.
4Subs. and ins. by Ordinance No. XVII of 1982, s. 6.
(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 2[or I slamabad Capital Territory, as the case may be,] 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 2[and Islamabad 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
Section 11. Composition of Pakistan Bar Council
1[(1)The Pakistan Bar Council shall consist of the Attorney General for Pakistan, exofficio and 2[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—
1Omitted and subs. by Ordinance No. XVII of 1982, ss. 7 and 8. 2Ins., subs. and added by Act No. V of 2014, ss. 2, 10 and 11.
3Subs. by Act No. XII of 2005, s. 8.
Baluchistan … … … … 1 The NorthWest Frontier Province .... … 3[4] The Punjab … … … 11 Sind … … … … … 6]
2[Islamabad Capital Territory 01]
1[(1A) The members of Pakistan Bar Council shall be elected by single transferable vote from each province 2[and Islamabad Capital Territory] by the members of their respective Provincial Bar Council 2[and Islamabad Bar Council].]
(2) A member of a Provincial Bar Council 2[and Islamabad Bar Council] who is elected to be a member of the Pakistan Bar Council shall 3[* * * ] cease to be a member of the Provincial Bar Council 2[and Islamabad Bar Council]. 4[(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.]
3[(4) A member may resign his office by writing under his hand addressed to the Chairman of the Council.
(5) 5[* * * * * * *]
[5] Section 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 Pakistan Bar Council 6[for not less than five years] ;
(b) has, on the day of the filing of the nomination paper, been an advocate for not less than 6[twenty] years; and
(c) has cleared all the dues payable by him to the Pakistan Bar Council.
Section 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.
1Ins. by Act No. XII of 2005, s. 8.
2Ins. by Act No. V No. 2014, ss. 2 and 11.
3Omitted and added by Ordinance No. XL of 1978, s.7.
4Added by Act No. XXXVI of 1973, s. 3.
5Omitted and ins. by Ordinance No. XVII of 1982, ss. 8 and 9.
6Ins. and subs. by Act No. XXXV of 2018, s. 6.
Section 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.]
Section 12. Chairman and Vice -chairman 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 2[or Islamabad Capital Terrritory], 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 3[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.
Section 13. Functions of the Pakistan Bar Council
3[(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;
1Ins. by Ordinance No. XL of 1978, s. 8.
2Ins. by Act No. V of 2014, s. 12
3Subs. and re-numbered by Ordinance No. XVII of 1982, s. 10.
4Added by Act No. VIII of 1987, s. 4.
(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 1[and Islamabad 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] 3[*] 3[which shall be binding upon them;]
(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;
2[(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 1[and Islamabad Bar Council] in respect of the recognition, derecognition and functioning of Bar Association.]
3[(le) to provide free specialized services for awareness, promotion and enforcement of human rights;]
(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.
1Ins. by Act No. V of 2014, s. 2.
2Added and Ins. by Ordinance No. XVII of 1982, s. 11. 3Omitted and ins. by Act No. XXXV of 2018, s. 7.
1[(2) Any person aggrieved by an order or decision of a Provincial Bar Council 2[and Islamabad Bar Council] 3[,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.]
3[(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply to appeals under subsection (2).]
Section 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 Ba r Council shall be constituted in accordance with the provisions of section 11.
Section 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 4[and human rights 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
Section 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[5[(a) In 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 th ere be no such person then the vacancy shall be filled by a person elected in accordance with the provisions of section 11;]
1Added by Ordinance No. VIII of 1982, s. 11.
2Ins. by Act No. V of 2014, s.2.
3Ins. and subs. by Act No. VIII of 1987, ss. 4 and 5.
4 Ins. by Act No. XXXV of 2018, s. 8.
5Subs. by Act No. XII of 2005, s. 10.
(b) in the case of a Provincial Bar Council 1[and Islamabad 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 member the 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 1[and Islamabad Bar Council].]
Section 17. Funds of Bar Councils
(1) All sums recei ved by a Provincial Bar Council 1[and Islamabad Bar Council] 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.
2[(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 Bar Council , 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 sha ll be managed, administered and utilized in such manner as may be prescribed.
Section 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 1[and Islamabad 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.
Section 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.
Section 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.
_______
1Ins. by Act No. V of 2014, ss. 2 and 15.
2Subs. by Ordinance No. XVII of 1982, s.13.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE- AUDIENCE, ETC.
Section 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 advocates-on-record];
(c) advocates of the High Court; and
(d) other advocates.
Section 22. Rights of advocates to practi se
(1) Save as otherwise provided in this Act, no person shall be entitled to practise the profession of law unless he is an advocate.
2[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 a High Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court, Tribunal or any Judicial authority in Pakistan except the Supreme Court; and
(c) any other advocate sha ll be entitled as of right to practice throughout the Province 3[and Islamabad Capital Territory] where he is enrolled to appear, act and plead before any court, Tribunal or any Judicial authority in such Province 3[and Islamabad Capital Territory] 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 practi se in the High Court, such advocates shall not be entitled to practise 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:
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.
1Added and Subs. by Act XII of 2005, ss.11 and 12.
2Subs. by Act No. XVI of 1985, s. 4.
3Ins. by Act V of 2014, s. 16.
[1] Section 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.]
Section 24. Admission and enrolment of advocates of the High Court
1[*] Each Provincial Bar Council 2[and Islamabad Bar Council] shall prepare and maintain 3[for the Province 2[and Islamabad Capital Territory] and each 1[District] in the Province 2[and Islamabad Capital Territory] 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 practise 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.
(2) 4[* * * * * * *]
Section 25. Admission and enrolment of other advocates
3[(1)] Each Pr ovincial Bar Council 2[and Islamabad Bar Council] shall, besides the 3[rolls] of advocates to be prepared and maintained by it under section 24, prepare and maintain 3[for the province 2[and Islamabad Capital Territory] and each 2[district in the Province and Islamabad Capital Territory] 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.
(2) 4[* * * * * * *]
Section 26. Persons qualified for admission as advocates
1[*] 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 5[who has resided in Pakistan for a period of not less than one 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;
1Subs. and omitted by Act No. XII of 2005, ss. 13, 14 and 15.
2Ins.and subs. by Act No. V of 2014, ss. 2, 17 and 18.
3Subs. and re-numbered by Ordinance No. XL of 1978. s. 10.
4Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
5Ins. by Act No. XVI of 1976, s. 2.
(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 bachelor degree in law from a university or institute recognized by the Higher Education Commission and the Pakistan Bar Council;]
1[(cc) he has passed an assessment test conducted by an organization appointed by the Federal Government;]
(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.
(2) 2[* * * * * * *]
(3) 2[* * * * * * *]
Section 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 3[and Islamabad 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.
1Subs. and ins. by Act No. XXXV of 2018, s. 9.
2Omitted by Act No. XII of 2005, s. 15.
3Ins. by Act No. V of 2014, s. 2.
[1] Section 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 advocateonrecord 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.]
[1] Section 28A. Person disqualified to be enrolled as advocate
A persons 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.]
Section 29. Eligibility of women for admission
No woman shall be disqualified for admission as an advocate for reason only of her sex.
Section 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 2[and Islamabad Bar Council] within whose jurisdiction t he applicant proposes to practis e generally 3[; and an application for admission as an advocate of the Supreme Court shall be made in the prescribed form to the Pakistan Bar Council]. 4[*******].
Section 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 r eject the application.
Section 32. Appeal against order of rejection
Where any application for admission as an advocate is rejected by a Provincial Bar Council 2[and Islamabad Bar Council], the applicant may, within such period and in such manner as may be pre scribed, appeal to the enrolment committee of the Pakistan Bar Council; and the decision of that committee on such appeal shall be final.
Section 33. No applicant rejected by one Provincial Bar Council or Islamabad Bar Council, as the case may be, to be enrolled by another such Council
No applicant rejected by one Provincial Bar Council 2[or Islamabad Bar Council, as the case may be] to be enrolled by another such Council. — Where a Provincial Bar Council 2[or Islamabad Bar Council, as the case may be] has rejected the application of any person for admission as an advocate—
(a) it shall circulate to all the other Provincial Bar Councils 2[or Islamabad Bar Council, as the case may be] the name of such person together with the reasons for the rejection of his application;
(b) no other Provincial Bar Council 2[or Islamabad Bar Council, as the case may be] shall entertain an application for admission of such person as an advocate except with the previous consent in writing of the Provincial Bar Council 2[or Islamabad Bar Council, as the case may be] which rejected the application.
1Subs. and added by Act No. XII of 2005, ss. 16 and 17.
2Ins. by Act No. V of 2014, ss. 2 and 19.
3Added by Act No. VIII of 1987, s. 10.
4Omitted by Ordinance No. XVI of 1985, s. 8.
Section 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 Islamabad Bar Council] 2[and the Paki stan Bar Council in accordance with subsection (2) of section 17];
3[(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 of section 24 3[or clause (a) of section 23] as an advocate, an advocate of the High Court 3[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) 3[or clause (b)] 4[***] 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.
1Ins. by Act No. V of 2014, s. 2.
2Added by Ordinance No. XVII of 1982, s. 14.
3Ins. by Act No. VIII of 1987, s. 11.
4Omitted by Ordinance No. XVI of 1985, s. 9
Section 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,] 2[****]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] 2[*****] 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.
Section 36. Certificate of enrolment
A Bar Council shall issue a certificate of enrolment in the prescribed form to every person enrolled under section 3[31].
Section 37. Copy of roll to be kept with 1[Supreme Court and ] High Court
1[(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 4[and Islamabad 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.
Section 38. Copies of rolls to be sent to Pakistan Bar Council
Each Provincial Bar Council 4[and Islamabad 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.
Section 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 4[and Islamabad Bar Council roll] 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.
1Ins. by Act No. VIII of 1987. ss. 12 and 13.
2Omitted by Ordinance No. XVI of 1985, ss. 10 and 11.
3Subs. by Act No. XII of 2005, s. 18.
4Ins. by Act No. V of 2014, ss. 2 and 20.
[1] Section 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.
Section 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 B ar Council 2[and Islamabad 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.
Section 39C. Provisions of Sections 39A and 39B to apply
The provisions of Section 39A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules made thereunder.]
Section 40. Right of pre-audience
(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.
(2A) 1[* * * * * * *]
(3) The right of preaudience among other advocates shall be determined by their sen iority inter se.
(4) 1[* * * * * * *]
3[CHAPTER VII CONDUCT OF ADVOCATES
Section 41. Punishment of advocates for misconduct
1[(1) An advocate may, in the manner hereinafter provided, be reprimanded, suspended or 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 2[Islamabad Bar council as the case may be].
(3) Every complaint against an advocate made under subsection (2), except where th e complaint has been made by a court, shall be accompanied by 1[such fee as may be prescribed by the Pakistan Bar Council from time to time].
1Added, omitted and subs. by Act No. XII of 2005, ss. 19, 20 and 21.
2Ins. by Act No. V of 2014, ss. 2, 21 and 22.
3Subs. by Act No. VIII of 1987, s. 14.
(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 th e Supreme Court or a High Court 1[:]
1[Provided further that if the disciplinary committee while referring the matter to the Tribunal is of the opinion that the advocate has committed an act of grave indiscipline or grave professional misconduct and his immediate suspension from practice is expedient or necessary in th e interest of administration of justice, it may suspend him for the maximum period of three months and in such a case the Tribunal shall decide the complaint within a period of three months after receipt of reference from the disciplinary committee.]
2[(4A) If a Bar Council has reasons to believe that an advocate has been guilty of professional or other misconduct, it may of its own motion prefer the case to its disciplinary committee.]
(5) Any person whose complaint is rejected by the disciplinary commi ttee 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.
Section 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 3[and Islamabad Bar Council as the case may be] 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.
Section 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 3[or Islamabad Capital Territory, as the case may be] 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 th e complaint has been made by a c ourt, to deposit with the Tribunal, as security for costs, such sum as it may specify.
1Added by Act No. VI of 2015, s. 2.
2Ins. by Act No. XII of 2005, s. 21.
3Ins. by Act No. V of 2014, ss. 23 and 24.
(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 of section 41.
(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 2[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.
Section 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 2[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 2[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 1[or Islamabad Bar Council], as if it were an order of the High Court.
Section 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 c ourt under the Cod e 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 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.
1Ins. by Act V of 2014, s. 2 and 25
2Subs. and added by Act No. XII of 2005, ss. 22 and 23.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Pakista n 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 sections 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 c ommittee or, as the case m ay 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 as if it were a 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 the Qanune Shahadat, 1984 (P.O.
No. 10 of 1984) and the provisions of that Article shall apply accordingly.
Section 46. Disciplinary powers of the Pakistan Bar Council
(1) Notwithstanding anything contained in th is 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 1[or Islamabad 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 s ection 43, and the Tribunal shall give effect to any such order 2[:]
2[Provided that every order passed hereinabove shall be subject to the approval of the Pakistan Bar Council.]
46A. 3[* * * * * * *]
1Ins. by Act No. V of 2014, ss. 26.
2Subs. and added by Act No. XII of 2005, s. 24.
3Omitted by Act No. XXXV of 2018, s. 10.
Section 47. Appeal to the Pakistan Bar Council
(1) Any person aggrieved by an order of a 1[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.
Section 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 1[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.
Section 49. Application of sections 5 and 12 of the Limitation Act, 1908
The provisions of sections 5 and 12 o f the Limitation Act, 1908 ( IX of 1908) shall, so far as may be, apply to appeals made under section 47 or section 48.
Section 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.
Section 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”.
[2] Section 52. Execution of an order of a Bar Council, a Committee or Tribunal
Subject to this Act and the rules made under it, 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 is an order of the Supreme Court; and
(b) in case of a Provincial Bar Council, its Committee or Tribunal as if it is an order of a High Court.]
Section 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.
Section 54. Power of Supreme Court and High Court to suspend advocate s 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 3[for a period of three months] 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 expedient or necessary in the interest of administration of justice.
1Ins. by Act No. XII of 2005, s. 25 and 26.
2Ins. by Act No. XXXV of 2018, s. 11.
3Ins. by Act No. VI of 2015 s. 3.
1[(1A) The Bar Council concerned on receipt of a complaint from the Court under sub-section
(1) shall ensure that it is decided within a period of three months by its disciplinary committee and the Tribunal, in case the complaint has been referred to the Tribunal.]
(2) On a complaint made to it against an advocate by a court subordinate to it, the High Court may:___
(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 2[or Islamabad 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 2[and Islamabad 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 VIIA
3[* * * * * * *]
CHAPTER VIII
RULES
Section 55. Power of Pakistan Bar Council to make rules
The Pakistan Bar Council may, by notification in the official Gazette, make rules to provide for—
(a) the manner in which the election of members of a 4[*] 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 4[a Bar Council] or to the office of the ViceChairman 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 ;
1Ins. by Act No. VI of 2015 s. 3.
2Ins.by Act No. V of 2014, ss. 2 and 29.
3Omitted by Act No. VIII of 1987, s. 15.
4Omitted by Act No. XXXVI of 1973, s. 4.
(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[(la) uniform conditions for being eligible to apply to a Bar Council for admission as an advocate;
(lb) the course of practical training in law and the examination to be passed after such training for admission as an advocate;]
2[(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;]
1[(n) the fees payable for enrolment as an advocate, advocate of High Court, advocate of Supreme Court, senior advocate of Supreme Court, annual renewal fee or in respect of any other matter under the Act and the installments, 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 2[or an advocate of the Supreme Court] 3[****] ;
(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;]
1Ins. and subs. by Act No. XXXV of 2018, s. 12
2Ins. and added by Act No. VIII of 1987, s. 16.
3Omitted by Ordinance No. XVI of 1985, s. 14.
(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.]
3[(v) the manner in which and the conditions subject to which elections of Bar Associations at different tiers shall be held:]
Provided that no rules made with reference to clause (r) shall have effect unless they have been approved by the Federal Government 4[:]
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.]
Section 56. Power of Provincial Bar Council 5[and Islamabad Bar Council] to make rules
6[A] Provincial Bar Council 5[and Islamabad Bar Counc il] 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, utilizati on 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;
1Subs, by Ordinance No. XL of 1978, s. 12.
2Subs. by Ordinance No. XVII of 1982, s. 22.
3Ins. by Act No. XXXV of 2018, s.12.
4Subs. by Act No. XXXVI of 1973, s. 4.
5Ins. by Act No. V of 2014, s. 2.
6Subs, by Act No. VIII of 1987, s. 17.
(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;
(l) the procedure to be followed by a Tribu nal 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;
1[(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory;]
(n) the recognition 2[, derecognition] and functioning of Bar Associations.
________
CHAPTER IX
MISCELLANEOUS
[3] Section 57. Grants to Bar Councils and Bar Associations
The Minister in charge of the Federal Government or a Provincial Government may make grant in aid to a Bar Council or a Bar Association in the manner and on conditions as may be determined by the Federal Government or the Provincial Government.]
Section 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 thousand 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.
Section 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 satisf action 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 rev enueoffice, shall be prima facie evidence of the general repute of such person and of the fact that he is, or is not, a tout.
1Ins. by Act No. V of 2014, s. 30.
2Ins. by Ordinance No. XVII of 1982, s. 23.
3Subs. by Act No. XXXV of 2018, s.13.
4Subs. by Act No. XII of 2005, s. 28.
(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 publ ish 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 satisfact ion 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 to 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 exclu ded 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.
(7) 1[* * * * * * *]
(8) An offence under subsection (6) shall be nonbailable:
2[* * * * * * *]
Section 59A. Omitted
3[* * * * * * *]
[2] Section 59B. Removal from Bar Association
(1) An advocate who has once been admitted as a member of a Bar Association shall not be removed 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:
1Omitted by Ordinance No. XL of 1978, s. 13.
2Omitted and ins. by Ordinance No. XVII of 1982, ss. 24 and 25.
3Omitted by Act No. VIII of 1987, s. 18.
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.
(2) 1[* * * * * * *]
Section 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.
Section 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 y ears, and a Provincial Bar Council 2[and Islamabad 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 t he 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.
1Omitted by Act No. VIII of 1987, s. 19.
2Ins. by Act No. V of 2014, s. 2.
Section 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 1[borne on its roll], 2[****] and if it be a Provincial Bar Council 3[or Islamabad bar Council”, as the case may be,] , 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.
4[(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 Cou ncil 2[and Islamabad 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 Coun cil concerned notwithstanding his enrolment as an advocate or advocateonrecord of the Supreme Court of Pakistan.]
Section 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
1Ins. by Act No. VIII of 1987, s. 20.
2Omitted by Ordinance No. XVI of 1985, s. 15.
3Ins. by Act No. V of 2014, ss. 2 and 31.
4Added by Act No. XII of 2005, s. 29.
(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.
Section 64. Omitted
1[* * * * * * *]
Section 65. Omitted
1[* * * * * * *]
Section 66. Omitted
1[* * * * * * *]
Section 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.
Section 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 re venue 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.
(2) 2[* * * * * * *]
Section 69. Omitted
1[* * * * * * *]
2[SCHEDULE
[See Section 5(2) (b)]
PUNJAB BAR COUNCIL Group of Districts-I Name of District Seats
(1) Bahawal Nagar … 01
(2) Bahawalpur … 03
(3) Rahim Yar Khan … 02
1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
2Omitted and added by Act No. XII of 2005, s. 30.
1Subs. by Act No. XXXV of 2018, s.14.
2Omitted by Act No. V of 2014, s 32.
Group of DistrictsII Name of District Seats
(1) Dera Ghazi Khan … 01
(2) Layah … 01
(3) Muzaffargarh … 02
(4) Rajanpur … 01
1[Group of DistrictsIII Name of District: Seats
(1) Khanewal … 02
(2) Lodhran … 01
(3) Multan … 04
(4) Vehari … 02
1[Group of DistrictsIV Name of District: Seats
(1) Chiniot … 01
(2) Faisalabad … 04
(3) Jhang
(4) Toba Tek Singh … 01 01]
Group of DistrictsV Name of District Seats
(1) Attack … 01
(2) Chakwal … 01
(3) 2[* * * * * * * *]
(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
Group of Districts-VII Name of District Seats
(1) Gujranwala … 03
(2) Gujrat … 02
(3) Hafizabad … 01
(4) Mandi Bahauddin … 01
(5) Narowal … 01
(6) Sialkot … 02 1[Group of Districts-VIII Name of District: Seats
(1) Kasur … 02
(2) Lahore … 16
(3) Nankana Sahib … 01
(4) Sheikhupura … 01] 1[Group of Districts-IX Name of District:
(1) Okara
(2) Pakpattan
(3) Sahiwal
…. …. …. ….
Seats 02
01
02]
SINDH BAR COUNCIL Group of Districts-I 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 Districts-II Name of District Seats
(1) Badin + Thatta …. 01
(2) Dadu …. 01
(3) Hyderabad …. 03 Group of Districts-III Name of District Seats
(1) Sukkur …. 02
(2) Ghotki …. 01
(3) Khairpur …. 01
(4) Naushero Feroz …. 01
(5) Nawab Shah …. 01
1Subs. and ins. by Act No. XXXV of 2018, s. 14.
Group of Districts-IV Name of District Seats
(1) Jaccobabad …. 01
(2) Larkana …. 02
(3) Shikarpur …. 01
Group of Districts-V Name of District Seats
(1) Mirpur Khas …. 01
(2) Sanghar …. 01 1[Khyber Pakhtunkhwa Bar Council
Group of Districts-I Name of District
Seats
(1) Peshawar + Khyber …. 07
(2) Charsada + Mohmand …. 01
(3) Nowshera
…. 01 Group of Districts-II Name of District Seats
(1) Mardan …. 02
(2) Swabi
…. 01 Group of Districts-III Name of District Seats
(1) Kohat + Hangu + Orakzai + Kurram …. 01
(2) Karak
…. 01 Group of Districts-IV Name of District Seats
(1) D.I. Khan + Tank + South Waziristan …. 02
(2) Bannu + North Waziristan …. 01
(3) Lakki Marwat
…. 01 Group of Districts-V Name of District Seats
(1) Haripur …. 01
(2) Abbottabad .… 02
(3) Mansehra + Batagram+ Toorghar+ Upper Kohistan+ Lower Kohistan+ Kolai Palas
…. 02
1Subs. by Act No. XXIV of 2025, s.5.
Group of Districts-VI Name of District Seats
(1) Mingora (Swat) …. 01
(2) Shangla (Alipuri) …. 01
(3) Daggar (Buner) +Malakand at Batkhela …. 01
(4) Timargara (Dir)+ Dir Bala+ Bajour …. 01
(5) Chitral Upper+ Chitral Lower …. 01]
1[BALOCHISTAN BAR COUNCIL
GROUP OF DISTRICTS-I Name of Districts Seats Quetta + Chaghi + Noshki + Pashin +Killa Abdullah 04
GROUP OF DISTRICTS-II Name of District Seat Zhob+Loralai+Killa Saifullah +Ziarat +Musakhel and Barkhran 01
GROUP OF DISTRICTS-III Name of Districts Seat Kech+Panjgor+Gawadar and Lasbela 01
GROUP OF DISTRICTS-IV Name of Districts Seat Kalat+Khuzdar+Mastung+Kharan and Awaran
01 GROUP OF DISTRICTS-V Name of Districts Seat Sibi+Bolan+Nasirabad+Jafarabad+ Jhal Magsi+Kohlu and Dera Bugti 01] 2[Islamabad Bar Council
Name of the District Seats
Islamabad 05]
__________
1Subs. by Act No. XV of 2021, s. 3.
2Added by Act No. V of 2014, s. 32.
RGN:02-09-2025
Print contents from the source
CONTENTS CHAPTER I PRELIMINARY 1. Short title and commencement 1A. 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 Councils 5A. Qualifications for membership of a Provincial Bar Council and the Islamabad Bar Council 5B. Disqualifications for membership of a Provincial Bar Council and the Islamabad Bar Council 5C. Cessation of membership of Provincial Bar Council and Islamabad Bar Council 6. Chairman and ViceChairman of Provincial Bar Council and Islamabad Bar Council Page 2 of 41 7. Time of holding elections to a Provincial Bar Council and Islamabad Bar Council 8. Election to Provincial Bar Council and Islamabad Bar Council not to be questioned on certain grounds 9. Functions of a Provincial Bar Council and Islamabad Bar Council 10. Committees of Provincial Bar Council and Islamabad Bar Council CHAPTER IV THE PAKISTAN BAR COUNCIL 11. Composition of Pakistan Bar Council 11A. Qualifications for membership of Pakistan Bar Council 11B. Disqualifications for membership of Pakistan Bar Council 11C. Cessation of membership of Pakistan Bar Council 12. Chairman and ViceChairman of the Pakistan Bar Council 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 Page 3 of 41 CHAPTER VI ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE- AUDIENCE, ETC. 21. Classes of advocates 22. Rights of advocates to practise 23. 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 28A. Person disqualified to be enrolled as advocate 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 or Islamabad Bar Council, as the case may be, 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 39A. Cessation to practice as an advocate 39B. Powers of disciplinary committee Page 4 of 41 39C. Provisions of section 39A and 39B to apply 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 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. Execution of an order of a Bar Council, a Committee or Tribunal 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 and Islamabad Bar Council to make rules Page 5 of 41 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 59A. Omitted 59B. 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
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Page 1 of 41
THE LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title and commencement
1A. 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 Councils
5A. Qualifications for membership of a Provincial Bar Council and the Islamabad Bar
Council
5B. Disqualifications for membership of a Provincial Bar Council and the Islamabad Bar
Council
5C. Cessation of membership of Provincial Bar Council and Islamabad Bar Council
6. Chairman and ViceChairman of Provincial Bar Council and Islamabad Bar Council
Page 2 of 41
7. Time of holding elections to a Provincial Bar Council and Islamabad Bar Council
8. Election to Provincial Bar Council and Islamabad Bar Council not to be questioned on
certain grounds
9. Functions of a Provincial Bar Council and Islamabad Bar Council
10. Committees of Provincial Bar Council and Islamabad Bar Council
CHAPTER IV
THE PAKISTAN BAR COUNCIL
11. Composition of Pakistan Bar Council
11A. Qualifications for membership of Pakistan Bar Council
11B. Disqualifications for membership of Pakistan Bar Council
11C. Cessation of membership of Pakistan Bar Council
12. Chairman and ViceChairman of the Pakistan Bar Council
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
Page 3 of 41
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTISE, SENIORITY, PRE-
AUDIENCE, ETC.
21. Classes of advocates
22. Rights of advocates to practise
23. 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
28A. Person disqualified to be enrolled as advocate
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 or Islamabad Bar Council, as the
case may be, 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
39A. Cessation to practice as an advocate
39B. Powers of disciplinary committee
Page 4 of 41
39C. Provisions of section 39A and 39B to apply
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
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. Execution of an order of a Bar Council, a Committee or Tribunal
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 and Islamabad Bar Council to make rules
Page 5 of 41
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
59A. Omitted
59B. 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
SCHEDULE
________
Page 6 of 41
THE LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
ACT No. XXXV OF 1973
[22nd February, 1973]
An Act to repeal and, with certain modifications, re-enact 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.
1[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 und er 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;
(cc) 1[* * * * * * *]
(d) “High Court ”, in relat ion to a Provincial Bar Council 3[and Islamabad Bar
Council], means the High Court of the Province 3[or Islamabad Capital
Territory], as the case may be, for which that Council is constituted;
1Ins. and omitted by Act No. XII of 2005, ss. 2 and 3.
2Subs. by Act No. VIII of 1987, s. 2.
3Ins. and subs. by Act No. V of 2014, ss. 2 and 3.
Page 7 of 41
1[(da) “Islamabad Bar Council” means Islamabad Bar Council f or 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 ” means a Provincial Bar Council of a Province and
includes the Islamabad Bar Council;]
(i) “Provincial roll” 1[and Islamabad Bar Council 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 1[and Islamabad 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 1[and Islamabad
Bar Council] ;]
(l) “subordinate court” means a court subordinate to the High Court;
(m) “tout” means a person—
(i) who procures, 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;
1Ins. by Act No. V of 2014, ss. 2 and 3.
2Subs. and Ins. by Act No. XII of 2005, s. 3.
3Ins. by Ordinance No. XL of 1978, s. 2.
4Subs. by Act No. XXXV of 2018, s. 2.
Page 8 of 41
(n) “Tribunal”, in relation to a Bar Council, means a Tribunal constituted by it
under this Act 1[; and]
1[(o) voter means:___
(i) in relation to election to a Provincial Bar Council 2[and Islamabad 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 2[and Islamabad Bar Council] and who is not in
arrears of dues of the Provincial Bar Council 2[and Islamabad Bar
Council] for a period exceeding six months; and
(ii) in relation to election to the Pakistan Bar Council, a member of the
concerned Provincial Bar Council 2[and Islamabad Bar Council].]
________
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
3. Constitution and incorporation of Bar Council s.—(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; 2[*]
3[(ii) a Bar Council for each Province to be known as the Bar Council of the Province
concerned 2[; and]]
2[(iii) Islamabad Bar Council for Islamabad Capital Territory.]
(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 4[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:
5[Provided that the next elections of the Provincial Bar Councils and Islamabad Bar Council
shall be held between the 1st October, 2020 a nd the 31st December, 2020 and term of the next
Provincial Bar Councils and Islamabad Bar Council shall commence from the 1st January, 2021.]
6[* * * * * * *]
1Subs. and added of Act No. XII of 2005, s. 3.
2Ins., omitted, subs. and added by Act No. V of 2014, ss. 2 and 4.
3 Subs. by Ordinance No. XL of 1978, s. 3.
4Subs. by Ordinance No. XVII of 1982, s. 2.
5Subs. Act No. XXXV of 2018, s. 3.
6Replealed by the Revision and Declaration Ordinance 1981, s. 2 and Sch.
Page 9 of 41
CHAPTER III
PROVINCIAL BAR COUNCILS
5. Composition of Provincial Bar Council s.—(1) Each Provincial Bar Council 1[and
Islamabad Bar Council] shall consist 2[of]
2[(a) the AdvocateGeneral of the Province 1[or Islamabad Capital Territory, as the
case may be,], exofficio; and]
(b) such number of 2[*] members as may be elected by the advocates on the
Provincial roll 1[or Islamabad Bar Council roll, as the case may be,] from
amongst themselves.
3[(2) The number of members to be elected to the Provincial Bar Councils shall be as follows:___
(a) Punjab Bar Council … 75
Sindh Bar Council … 33
N.W.F.P. Bar Council … 28
Balochistan Bar Council … 4[08]; 1[*]
1[Islamabad Bar Council … 05; 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.]
3[(2A) For the purpose of election of members of a Provincial Bar Council 1[and Islamabad
Bar Council] from a di strict or districts under subsection (2) the advocates entered on the roll of
1[district or] group of districts as mentioned in the Schedule annexed hereto, shall constitute the
electoral college.]
(3) 3[* * * * * * *]
(4) At an election of the members o f a Provincial Bar Council 1[and Islamabad Bar Council]
an advocate shall have as many votes as the number of members to be elected 5[from the 3[district, or
as the case may be, the group of districts] concerned].
2[(5) A member may resign his office by writing under his hand addressed to the Chairman of
the Council.]
(6) 5[* * * * * * *]
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 1[or Islamabad Capital Territory], whose decision thereon shall be final.
6[5A. Qualifications for membership of a Provincial Bar Council and the Islamabad Bar
Council.__ A person shall be qualified to be elected as a member of a Provincial Bar Council and the
Islamabad Bar Council if he,__
1Ins. and Omitted by Act No. V of 2014, ss. 2 and 5.
2Subs. and omitted by Ordinance No. XL of 1978, s. 4.
3Subs. and omitted by Act No. XII of 2005, s. 5.
4Subs. by Act No. XV of 2021, s. 2.
5Ins., added and omitted by Ordinance No. XVII of 1982, s. 3.
6Subs. by Act No. XXIV of 2025, s.2.
Page 10 of 41
(a) is on the roll of advocates of High Court maintained by the concerned Provincial
Bar Council and Islamabad Bar Council for not less than ten years;
(b) has, on the day of filing of the nomination paper, been an advocate for not less than
fifteen years, and has individually conducted not less than thirty decided cases;
(c) has cleared all the dues payable by him to the Provincial Bar Council and Islamabad
Bar Council; and
(d) has been a voter member of a Bar Association falling in the district, or districts in
the case of Karachi, from where he is a candidate for a period of not less than five
years.]
1[5B. Disqualifications for membership of a Provincial Bar Council and the Islamabad Bar
Council.__ A person shall be disqualified to be elected as a member of a Provincial Bar Council and the
Islamabad 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, sentenced to
imprisonment for a term of not less than two years, except the one released five
years ago; or
(c) has furnished false information for the purposes of enrollment with a Bar Council;
or
(d) has been found guilty of professional misconduct; or
(e) has been declared a tout; or
(f) is an undischarged insolvent; or
(g) is guilty of violating the Code of Conduct for the Bar Councils elections framed
under section 55(a) of this Act.]
5C. Cessation of membership of Provincial Bar Council 2[and Islamabad Bar Council]. —A
member of a Provincial Bar Council 2[and Islamabad 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 Vice -Chairman of Provincial Bar Council 2[and Islamabad Bar
Council].—(1) There shall be a Chairman and a ViceC hairman of each Provincial Bar Council 2[and
Islamabad Bar Council].
3[(2) The AdvocateGeneral for a Province 2[or Islamabad Capital Territory] shall be the Chairman
of the Provincial Bar Council for that Province 2[or Islamabad Capital Territory, as the case may be,].
1Subs. by Act No.XXIV of 2025, s.3.
2Ins. and added by Act No. V of 2014, s. 7.
3Subs. by Ordinance No. XL of 1978, s. 5.
Page 11 of 41
(2A) If a member of a Provincial Bar Council 1[and Islamabad Bar Council] is appointed as
the AttorneyGeneral for Pakistan or as the AdvocateGeneral for a Province 1[or Islamabad Capital
Territory], his seat in the Council shall become vacant.]
(3) The ViceChairman of each Provincial Bar Council 1[and Islamabad 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 office
2[until his successor enters upon his office].
(6) A ViceChairman may res ign 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 1[and Islamabad Bar Council] .
—Election to a Provincial Bar Council 1[and Islamabad Bar Council] shall be held 3[on the first
Saturday] of November in the year in which the term of the Provincial Bar Council 1[and Islamabad
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 1[:]
1[Provided further that___
(a) elections to the first Islamabad Bar Council to be constituted under this
Act shall be held so as to conclude; and
(b) the first Islamabad Bar Council to be constituted under this Act shall be
constituted, on such day as the Federal Government may, by notification
in the official Gazette, specify.]
4[Provided also that irrespective of expiry of term of the Provincial Bar Councils and Islamabad
Bar Council, the next election of the said Bar Councils shall be held before the 31st day of December,
2020.]
3[Provided also that in case the elections cannot be held on the first Saturday, for any reasons,
it shall be held on the second Saturday of November of the same year.]
1Ins. subs. and added by Act No. V of 2014, ss. 2, 7 and 8.
2Subs. by Ordinance No. XVII of 1982, s. 5.
3Subs. and added by Act No. XXIV of 2025, s.4.
4Ins. by Act No. XXXV of 2018, s. 5.
Page 12 of 41
8. Election to Provincial Bar Council 1[and Islamabad Bar Council] not to be questioned
on certain grounds. — No election of a member to a Provincial Bar Council 1[and Islamabad 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.
9. Functions of a Provincial Bar Council 1[and Islamabad Bar Council].—(1) Subject to
the provisions of this Act and the rules made thereunder, the functions of a Provincial Bar Council
1[and Islamabad 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 2[of the Province
1[or Islamabad Capital Territory] as well as of each 3[District] 1[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
1[and Islamabad 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 5[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 1[and Islamabad 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.
10. Committees of Provincial Bar Council 1[and Islamabad Bar Council] .—(1) A
Provincial Bar Council 1[and Islamabad Bar Council] shall constitute the following standing
committees, namely:—
1Ins. by Act No. V of 2014, ss. 2 and 9.
2
Ins. by Ordinance No. XL of 1978, s. 6.
3
Subs. by Act No. XII of 2005, s. 7.
4Subs. and ins. by Ordinance No. XVII of 1982, s. 6.
Page 13 of 41
(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 2[or I slamabad Capital Territory, as the case may be,]
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 2[and Islamabad 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.___1[(1)The Pakistan Bar Council shall consist of
the Attorney General for Pakistan, exofficio and 2[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—
1Omitted and subs. by Ordinance No. XVII of 1982, ss. 7 and 8.
2Ins., subs. and added by Act No. V of 2014, ss. 2, 10 and 11.
3Subs. by Act No. XII of 2005, s. 8.
Baluchistan … … … … 1
The NorthWest Frontier Province .... … 3[4]
The Punjab … … … 11
Sind … … … … … 6]
2[Islamabad Capital Territory 01]
Page 14 of 41
1[(1A) The members of Pakistan Bar Council shall be elected by single transferable vote from
each province 2[and Islamabad Capital Territory] by the members of their respective Provincial Bar
Council 2[and Islamabad Bar Council].]
(2) A member of a Provincial Bar Council 2[and Islamabad Bar Council] who is elected to be
a member of the Pakistan Bar Council shall 3[* * * ] cease to be a member of the Provincial Bar
Council 2[and Islamabad Bar Council].
4[(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.]
3[(4) A member may resign his office by writing under his hand addressed to the Chairman of
the Council.
(5) 5[* * * * * * *]
5[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 Pakistan
Bar Council 6[for not less than five years] ;
(b) has, on the day of the filing of the nomination paper, been an advocate for not
less than 6[twenty] 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.
1Ins. by Act No. XII of 2005, s. 8.
2Ins. by Act No. V No. 2014, ss. 2 and 11.
3Omitted and added by Ordinance No. XL of 1978, s.7.
4Added by Act No. XXXVI of 1973, s. 3.
5Omitted and ins. by Ordinance No. XVII of 1982, ss. 8 and 9.
6Ins. and subs. by Act No. XXXV of 2018, s. 6.
Page 15 of 41
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 Vice -chairman 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 2[or Islamabad Capital Terrritory], 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
3[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.
13. Functions of the Pakistan Bar Council.— 3[(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;
1Ins. by Ordinance No. XL of 1978, s. 8.
2Ins. by Act No. V of 2014, s. 12
3Subs. and re-numbered by Ordinance No. XVII of 1982, s. 10.
4Added by Act No. VIII of 1987, s. 4.
Page 16 of 41
(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 1[and
Islamabad 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] 3[*] 3[which shall be binding
upon them;]
(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;
2[(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 1[and Islamabad Bar Council] in respect of the recognition,
derecognition and functioning of Bar Association.]
3[(le) to provide free specialized services for awareness, promotion and enforcement
of human rights;]
(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.
1Ins. by Act No. V of 2014, s. 2.
2Added and Ins. by Ordinance No. XVII of 1982, s. 11.
3Omitted and ins. by Act No. XXXV of 2018, s. 7.
Page 17 of 41
1[(2) Any person aggrieved by an order or decision of a Provincial Bar Council 2[and
Islamabad Bar Council] 3[,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.]
3[(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 Ba r 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 4[and human rights 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[5[(a) In 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 th ere be no such person then the vacancy shall be filled by a
person elected in accordance with the provisions of section 11;]
1Added by Ordinance No. VIII of 1982, s. 11.
2Ins. by Act No. V of 2014, s.2.
3Ins. and subs. by Act No. VIII of 1987, ss. 4 and 5.
4 Ins. by Act No. XXXV of 2018, s. 8.
5Subs. by Act No. XII of 2005, s. 10.
Page 18 of 41
(b) in the case of a Provincial Bar Council 1[and Islamabad 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 member the 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 1[and Islamabad Bar Council].]
17. Funds of Bar Councils. —(1) All sums recei ved by a Provincial Bar Council 1[and
Islamabad Bar Council] 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.
2[(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 Bar Council , 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 sha ll 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 1[and Islamabad 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.
_______
1Ins. by Act No. V of 2014, ss. 2 and 15.
2Subs. by Ordinance No. XVII of 1982, s.13.
Page 19 of 41
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 advocates-on-record];
(c) advocates of the High Court; and
(d) other advocates.
22. Rights of advocates to practi se.—(1) Save as otherwise provided in this Act, no person
shall be entitled to practise the profession of law unless he is an advocate.
2[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 a High Court shall be entitled as of right to practice throughout
Pakistan and to appear, act and plead before any Court, Tribunal or any Judicial
authority in Pakistan except the Supreme Court; and
(c) any other advocate sha ll be entitled as of right to practice throughout the
Province 3[and Islamabad Capital Territory] where he is enrolled to appear, act
and plead before any court, Tribunal or any Judicial authority in such Province
3[and Islamabad Capital Territory] 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 practi se in the High Court, such advocates shall
not be entitled to practise 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:
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.
1Added and Subs. by Act XII of 2005, ss.11 and 12.
2Subs. by Act No. XVI of 1985, s. 4.
3Ins. by Act V of 2014, s. 16.
Page 20 of 41
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.]
24. Admission and enrolment of advocates of the High Court.— 1[*] Each Provincial Bar
Council 2[and Islamabad Bar Council] shall prepare and maintain 3[for the Province 2[and Islamabad
Capital Territory] and each 1[District] in the Province 2[and Islamabad Capital Territory] 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 practise 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.
(2) 4[* * * * * * *]
25. Admission and enrolment of other advocates. —3[(1)] Each Pr ovincial Bar Council
2[and Islamabad Bar Council] shall, besides the 3[rolls] of advocates to be prepared and maintained
by it under section 24, prepare and maintain 3[for the province 2[and Islamabad Capital Territory] and
each 2[district in the Province and Islamabad Capital Territory] 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.
(2) 4[* * * * * * *]
26. Persons qualified for admission as advocates. — 1[*] 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 5[who has resided in Pakistan for a period of not less than one
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;
1Subs. and omitted by Act No. XII of 2005, ss. 13, 14 and 15.
2Ins.and subs. by Act No. V of 2014, ss. 2, 17 and 18.
3Subs. and re-numbered by Ordinance No. XL of 1978. s. 10.
4Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
5Ins. by Act No. XVI of 1976, s. 2.
Page 21 of 41
(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 bachelor degree in law from a university or institute recognized by the
Higher Education Commission and the Pakistan Bar Council;]
1[(cc) he has passed an assessment test conducted by an organization appointed by the
Federal Government;]
(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.
(2) 2[* * * * * * *]
(3) 2[* * * * * * *]
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 3[and Islamabad 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.
1Subs. and ins. by Act No. XXXV of 2018, s. 9.
2Omitted by Act No. XII of 2005, s. 15.
3Ins. by Act No. V of 2014, s. 2.
Page 22 of 41
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 advocateonrecord 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.]
1[28A. Person disqualified to be enrolled as advocate .___A persons 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 2[and Islamabad Bar Council] within whose jurisdiction t he
applicant proposes to practis e generally 3[; and an application for admission as an advocate of the
Supreme Court shall be made in the prescribed form to the Pakistan Bar Council]. 4[*******].
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 r eject the
application.
32. Appeal against order of rejection. — Where any application for admission as an advocate
is rejected by a Provincial Bar Council 2[and Islamabad Bar Council], the applicant may, within such
period and in such manner as may be pre scribed, 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 2[or Islamabad Bar Council, as
the case may be] to be enrolled by another such Council. — Where a Provincial Bar Council 2[or
Islamabad Bar Council, as the case may be] has rejected the application of any person for admission
as an advocate—
(a) it shall circulate to all the other Provincial Bar Councils 2[or Islamabad Bar
Council, as the case may be] the name of such person together with the reasons
for the rejection of his application;
(b) no other Provincial Bar Council 2[or Islamabad Bar Council, as the case may
be] shall entertain an application for admission of such person as an advocate
except with the previous consent in writing of the Provincial Bar Council 2[or
Islamabad Bar Council, as the case may be] which rejected the application.
1Subs. and added by Act No. XII of 2005, ss. 16 and 17.
2Ins. by Act No. V of 2014, ss. 2 and 19.
3Added by Act No. VIII of 1987, s. 10.
4Omitted by Ordinance No. XVI of 1985, s. 8.
Page 23 of 41
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 Islamabad Bar Council] 2[and the Paki stan Bar Council in
accordance with subsection (2) of section 17];
3[(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 of section 24 3[or clause (a) of section 23] as an
advocate, an advocate of the High Court 3[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) 3[or clause (b)] 4[***] 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.
1Ins. by Act No. V of 2014, s. 2.
2Added by Ordinance No. XVII of 1982, s. 14.
3Ins. by Act No. VIII of 1987, s. 11.
4Omitted by Ordinance No. XVI of 1985, s. 9
Page 24 of 41
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,] 2[****]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] 2[*****]
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 3[31].
37. Copy of roll to be kept with 1[Supreme Court and ] High Court.—1[(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 4[and Islamabad 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 4[and
Islamabad 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 4[and Islamabad Bar Council roll] 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.
1Ins. by Act No. VIII of 1987. ss. 12 and 13.
2Omitted by Ordinance No. XVI of 1985, ss. 10 and 11.
3Subs. by Act No. XII of 2005, s. 18.
4Ins. by Act No. V of 2014, ss. 2 and 20.
Page 25 of 41
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 B ar
Council 2[and Islamabad 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 Section 39A and 39B
shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules
made thereunder.]
40. Right of pre-audience.—(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.
(2A) 1[* * * * * * *]
(3) The right of preaudience among other advocates shall be determined by their sen iority
inter se.
(4) 1[* * * * * * *]
3[CHAPTER VII
CONDUCT OF ADVOCATES
41. Punishment of advocates for misconduct. ___ 1[(1) An advocate may, in the manner
hereinafter provided, be reprimanded, suspended or 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 2[Islamabad Bar council as the
case may be].
(3) Every complaint against an advocate made under subsection (2), except where th e
complaint has been made by a court, shall be accompanied by 1[such fee as may be prescribed by the
Pakistan Bar Council from time to time].
1Added, omitted and subs. by Act No. XII of 2005, ss. 19, 20 and 21.
2Ins. by Act No. V of 2014, ss. 2, 21 and 22.
3Subs. by Act No. VIII of 1987, s. 14.
Page 26 of 41
(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 th e
Supreme Court or a High Court 1[:]
1[Provided further that if the disciplinary committee while referring the matter to the Tribunal
is of the opinion that the advocate has committed an act of grave indiscipline or grave professional
misconduct and his immediate suspension from practice is expedient or necessary in th e interest of
administration of justice, it may suspend him for the maximum period of three months and in such a
case the Tribunal shall decide the complaint within a period of three months after receipt of reference
from the disciplinary committee.]
2[(4A) If a Bar Council has reasons to believe that an advocate has been guilty of professional
or other misconduct, it may of its own motion prefer the case to its disciplinary committee.]
(5) Any person whose complaint is rejected by the disciplinary commi ttee 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 3[and Islamabad Bar Council as the case may be] 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 3[or Islamabad Capital Territory, as the case may be] 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 th e complaint has been made by a c ourt, to deposit with the Tribunal, as
security for costs, such sum as it may specify.
1Added by Act No. VI of 2015, s. 2.
2Ins. by Act No. XII of 2005, s. 21.
3Ins. by Act No. V of 2014, ss. 23 and 24.
Page 27 of 41
(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 of section 41.
(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 2[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 2[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 2[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 1[or Islamabad 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 c ourt under the Cod e 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 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.
1Ins. by Act V of 2014, s. 2 and 25
2Subs. and added by Act No. XII of 2005, ss. 22 and 23.
Page 28 of 41
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of
Sections 193 and 228 of the Pakista n 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 sections 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 c ommittee or, as the case m ay 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
as if it were a 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 the Qanune 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 th is 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 1[or Islamabad 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 s ection 43, and the Tribunal shall
give effect to any such order 2[:]
2[Provided that every order passed hereinabove shall be subject to the approval of the Pakistan
Bar Council.]
46A. 3[* * * * * * *]
1Ins. by Act No. V of 2014, ss. 26.
2Subs. and added by Act No. XII of 2005, s. 24.
3Omitted by Act No. XXXV of 2018, s. 10.
Page 29 of 41
47. Appeal to the Pakistan Bar Council. ___(1) Any person aggrieved by an order of a
1[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 1[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 o f the Limitation Act, 1908 ( 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”.
2[52. Execution of an order of a Bar Council, a Committee or Tribunal. ___Subject to this
Act and the rules made under it, 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 is an order of
the Supreme Court; and
(b) in case of a Provincial Bar Council, its Committee or Tribunal as if it is 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 advocate s 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 3[for a period
of three months] 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 expedient or necessary in the interest of
administration of justice.
1Ins. by Act No. XII of 2005, s. 25 and 26.
2Ins. by Act No. XXXV of 2018, s. 11.
3Ins. by Act No. VI of 2015 s. 3.
Page 30 of 41
1[(1A) The Bar Council concerned on receipt of a complaint from the Court under sub-section
(1) shall ensure that it is decided within a period of three months by its disciplinary committee and the
Tribunal, in case the complaint has been referred to the Tribunal.]
(2) On a complaint made to it against an advocate by a court subordinate to it, the High Court
may:___
(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 2[or Islamabad 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 2[and Islamabad 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 VIIA
3[* * * * * * *]
CHAPTER VIII
RULES
55. Power of Pakistan Bar Council to make rules. — The Pakistan Bar Council may, by
notification in the official Gazette, make rules to provide for—
(a) the manner in which the election of members of a 4[*] 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 4[a Bar Council] or to the office of the ViceChairman
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 ;
1Ins. by Act No. VI of 2015 s. 3.
2Ins.by Act No. V of 2014, ss. 2 and 29.
3Omitted by Act No. VIII of 1987, s. 15.
4Omitted by Act No. XXXVI of 1973, s. 4.
Page 31 of 41
(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[(la) uniform conditions for being eligible to apply to a Bar Council for admission as
an advocate;
(lb) the course of practical training in law and the examination to be passed after
such training for admission as an advocate;]
2[(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;]
1[(n) the fees payable for enrolment as an advocate, advocate of High Court, advocate
of Supreme Court, senior advocate of Supreme Court, annual renewal fee or in
respect of any other matter under the Act and the installments, 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 2[or an advocate of the Supreme
Court] 3[****] ;
(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;]
1Ins. and subs. by Act No. XXXV of 2018, s. 12
2Ins. and added by Act No. VIII of 1987, s. 16.
3Omitted by Ordinance No. XVI of 1985, s. 14.
Page 32 of 41
(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.]
3[(v) the manner in which and the conditions subject to which elections of Bar
Associations at different tiers shall be held:]
Provided that no rules made with reference to clause (r) shall have effect unless
they have been approved by the Federal Government 4[:]
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 5[and Islamabad Bar Council] to make rules.— 6[A]
Provincial Bar Council 5[and Islamabad Bar Counc il] 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, utilizati on 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;
1Subs, by Ordinance No. XL of 1978, s. 12.
2Subs. by Ordinance No. XVII of 1982, s. 22.
3Ins. by Act No. XXXV of 2018, s.12.
4Subs. by Act No. XXXVI of 1973, s. 4.
5Ins. by Act No. V of 2014, s. 2.
6Subs, by Act No. VIII of 1987, s. 17.
Page 33 of 41
(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;
(l) the procedure to be followed by a Tribu nal 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;
1[(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory;]
(n) the recognition 2[, derecognition] and functioning of Bar Associations.
________
CHAPTER IX
MISCELLANEOUS
3[57. Grants to Bar Councils and Bar Associations. —The Minister in charge of the Federal
Government or a Provincial Government may make grant in aid to a Bar Council or a Bar Association
in the manner and on conditions as may be determined by the Federal Government or the Provincial
Government.]
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 thousand 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 satisf action 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 rev enueoffice, shall be prima facie
evidence of the general repute of such person and of the fact that he is, or is not, a tout.
1Ins. by Act No. V of 2014, s. 30.
2Ins. by Ordinance No. XVII of 1982, s. 23.
3Subs. by Act No. XXXV of 2018, s.13.
4Subs. by Act No. XII of 2005, s. 28.
Page 34 of 41
(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 publ ish 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 satisfact ion 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 to 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 exclu ded 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.
(7) 1[* * * * * * *]
(8) An offence under subsection (6) shall be nonbailable:
2[* * * * * * *]
59A. 3[* * * * * * *]
2[59B. Removal from Bar Association. —(1) An advocate who has once been admitted as a
member of a Bar Association shall not be removed 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:
1Omitted by Ordinance No. XL of 1978, s. 13.
2Omitted and ins. by Ordinance No. XVII of 1982, ss. 24 and 25.
3Omitted by Act No. VIII of 1987, s. 18.
Page 35 of 41
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.
(2) 1[* * * * * * *]
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 y ears, and a Provincial Bar Council 2[and Islamabad 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 t he 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.
1Omitted by Act No. VIII of 1987, s. 19.
2Ins. by Act No. V of 2014, s. 2.
Page 36 of 41
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 1[borne
on its roll], 2[****] and if it be a Provincial Bar Council 3[or Islamabad bar
Council”, as the case may be,] , 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.
4[(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 Cou ncil 2[and Islamabad 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 Coun cil 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
1Ins. by Act No. VIII of 1987, s. 20.
2Omitted by Ordinance No. XVI of 1985, s. 15.
3Ins. by Act No. V of 2014, ss. 2 and 31.
4Added by Act No. XII of 2005, s. 29.
Page 37 of 41
(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. 1[* * * * * * *]
65. 1[* * * * * * *]
66. 1[* * * * * * *]
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 re venue 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.
(2) 2[* * * * * * *]
69. 1[* * * * * * *]
2[SCHEDULE
[See Section 5(2) (b)]
PUNJAB BAR COUNCIL
Group of Districts-I
Name of District Seats
(1) Bahawal Nagar … 01
(2) Bahawalpur … 03
(3) Rahim Yar Khan … 02
1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
2Omitted and added by Act No. XII of 2005, s. 30.
Page 38 of 41
1Subs. by Act No. XXXV of 2018, s.14.
2Omitted by Act No. V of 2014, s 32.
Group of DistrictsII
Name of District Seats
(1) Dera Ghazi Khan … 01
(2) Layah … 01
(3) Muzaffargarh … 02
(4) Rajanpur … 01
1[Group of DistrictsIII
Name of District: Seats
(1) Khanewal … 02
(2) Lodhran … 01
(3) Multan … 04
(4) Vehari … 02
1[Group of DistrictsIV
Name of District: Seats
(1) Chiniot … 01
(2) Faisalabad … 04
(3) Jhang
(4) Toba Tek Singh
… 01
01]
Group of DistrictsV
Name of District Seats
(1) Attack … 01
(2) Chakwal … 01
(3) 2[* * * * * * * *]
(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 39 of 41
Group of Districts-VII
Name of District Seats
(1) Gujranwala … 03
(2) Gujrat … 02
(3) Hafizabad … 01
(4) Mandi Bahauddin … 01
(5) Narowal … 01
(6) Sialkot … 02
1[Group of Districts-VIII
Name of District: Seats
(1) Kasur … 02
(2) Lahore … 16
(3) Nankana Sahib … 01
(4) Sheikhupura … 01]
1[Group of Districts-IX
Name of District:
(1) Okara
(2) Pakpattan
(3) Sahiwal
….
….
….
….
Seats
02
01
02]
SINDH BAR COUNCIL
Group of Districts-I
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 Districts-II
Name of District Seats
(1) Badin + Thatta …. 01
(2) Dadu …. 01
(3) Hyderabad …. 03
Group of Districts-III
Name of District Seats
(1) Sukkur …. 02
(2) Ghotki …. 01
(3) Khairpur …. 01
(4) Naushero Feroz …. 01
(5) Nawab Shah …. 01
1Subs. and ins. by Act No. XXXV of 2018, s. 14.
Page 40 of 41
Group of Districts-IV
Name of District Seats
(1) Jaccobabad …. 01
(2) Larkana …. 02
(3) Shikarpur …. 01
Group of Districts-V
Name of District Seats
(1) Mirpur Khas …. 01
(2) Sanghar …. 01
1[Khyber Pakhtunkhwa Bar Council
Group of Districts-I
Name of District
Seats
(1) Peshawar + Khyber …. 07
(2) Charsada + Mohmand …. 01
(3) Nowshera
…. 01
Group of Districts-II
Name of District Seats
(1) Mardan …. 02
(2) Swabi
…. 01
Group of Districts-III
Name of District Seats
(1) Kohat + Hangu + Orakzai + Kurram …. 01
(2) Karak
…. 01
Group of Districts-IV
Name of District Seats
(1) D.I. Khan + Tank + South Waziristan …. 02
(2) Bannu + North Waziristan …. 01
(3) Lakki Marwat
…. 01
Group of Districts-V
Name of District Seats
(1) Haripur …. 01
(2) Abbottabad .… 02
(3) Mansehra + Batagram+ Toorghar+ Upper
Kohistan+ Lower Kohistan+ Kolai Palas
…. 02
1Subs. by Act No. XXIV of 2025, s.5.
Page 41 of 41
Group of Districts-VI
Name of District Seats
(1) Mingora (Swat) …. 01
(2) Shangla (Alipuri) …. 01
(3) Daggar (Buner) +Malakand at Batkhela …. 01
(4) Timargara (Dir)+ Dir Bala+ Bajour …. 01
(5) Chitral Upper+ Chitral Lower …. 01]
1[BALOCHISTAN BAR COUNCIL
GROUP OF DISTRICTS-I
Name of Districts Seats
Quetta + Chaghi + Noshki +
Pashin +Killa Abdullah 04
GROUP OF DISTRICTS-II
Name of District Seat
Zhob+Loralai+Killa Saifullah +Ziarat
+Musakhel and Barkhran 01
GROUP OF DISTRICTS-III
Name of Districts Seat
Kech+Panjgor+Gawadar and Lasbela 01
GROUP OF DISTRICTS-IV
Name of Districts Seat
Kalat+Khuzdar+Mastung+Kharan and
Awaran
01
GROUP OF DISTRICTS-V
Name of Districts Seat
Sibi+Bolan+Nasirabad+Jafarabad+
Jhal Magsi+Kohlu and Dera Bugti 01]
2[Islamabad Bar Council
Name of the District Seats
Islamabad 05]
__________
1Subs. by Act No. XV of 2021, s. 3.
2Added by Act No. V of 2014, s. 32.
RGN:02-09-2025This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 2
Laws that cite this instrument 14
References to provisions in this text 41
Section 39A
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Bar Council 39. Common roll of advocates 39A. Cessation to practice as an advocate 39B. Powers of disciplinary committee Page 4 of 41 39C. Provisions of section 39A and 39B to apply 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
Section 11
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) “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 ” means a Provincial Bar Council of a Province and includes the Islamabad Bar Council;] (i) “Provincial roll” 1[and
Section 55(a)
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(e) has been declared a tout; or (f) is an undischarged insolvent; or (g) is guilty of violating the Code of Conduct for the Bar Councils elections framed under section 55(a) of this Act.] 5C. Cessation of membership of Provincial Bar Council 2[and Islamabad Bar Council]. —A member of a Provincial Bar Council 2[and Islamabad Bar Council] shall cease to be such member if he— (a) is appointed to a
Section 5B
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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 Vice -Chairman of Provincial Bar Council 2[and Islamabad Bar Council].—(1) There shall be a Chairman and a ViceC hairman of each Provincial Bar Council 2[and Islamabad Bar Council]. 3[(2) The Advocate
Section 11B
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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 Vice -chairman 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 app
Section 11
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y be, after the constitution of the Provincial Bar Councils under this Act, the first Pakistan Ba r 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 t
Section 11
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r, the vacancy in whose seat is to be filled or if th ere be no such person then the vacancy shall be filled by a person elected in accordance with the provisions of section 11;] 1Added by Ordinance No. VIII of 1982, s. 11. 2Ins. by Act No. V of 2014, s.2. 3Ins. and subs. by Act No. VIII of 1987, ss. 4 and 5. 4 Ins. by Act No. XXXV of 2018, s. 8. 5Subs. by Act No. XII of 2005, s. 10.
Section 24
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other advocates. —3[(1)] Each Pr ovincial Bar Council 2[and Islamabad Bar Council] shall, besides the 3[rolls] of advocates to be prepared and maintained by it under section 24, prepare and maintain 3[for the province 2[and Islamabad Capital Territory] and each 2[district in the Province and Islamabad Capital Territory] two separate rolls] of advocates in which shall be entered the names of— (a
Section 17
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tion with the High Court, to be paid to the Provincial Bar Council 1[and Islamabad Bar Council] 2[and the Paki stan Bar Council in accordance with subsection (2) of section 17]; 3[(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 th
Section 25
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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 of section 24 3[or clause (a) of section 23] as an advocate, an advocate of the High Court 3[or an advocate of the Supreme Court] shall be required to pay the fee for enrolment as such advocate. (2) The fee refe
Section 24
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s 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 of section 24 3[or clause (a) of section 23] as an advocate, an advocate of the High Court 3[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)
Section 23
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roll their names are entered: Provided that no person whose name is entered on the roll under clause (a) of section 25, clause of section 24 3[or clause (a) of section 23] as an advocate, an advocate of the High Court 3[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) 3[or clause (b)] 4[***] of sub
Section 23
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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,] 2[****]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)
Section 24
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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,] 2[****]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 ad
Section 25
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y shall be determined as follows namely:— (a) all such persons as are referred to in 1[clause (a) of section 23,] 2[****]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
Section 3
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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 3[31]. 37. Copy of roll to be kept with 1[Supreme Court and ] High Court.—1[(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 c
Section 23
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ll to be kept with 1[Supreme Court and ] High Court.—1[(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 4[and Islamabad Bar Council] shall send to the Hig
Section 24
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oon as the same have been made.] (2) The Provincial Bar Council 4[and Islamabad 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 Provi
Section 25
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have been made.] (2) The Provincial Bar Council 4[and Islamabad 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 Counc
Section 35
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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. 1Ins. by Act No. VIII of 1987. ss. 12 and 13. 2Omitted by Ordinance No. XVI of 1985, ss. 10 and 11. 3Subs. by Act No. XII of 2005, s. 18. 4Ins. by Act No. V of 2014, ss. 2 and 20. Page 25 of 41 1[39A.
Section 28A
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No. V of 2014, ss. 2 and 20. Page 25 of 41 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
Section 39A
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se 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 Commit
Section 58
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zance 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 Section 39A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules made thereunder.]
Section 39A
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ded 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 Section 39A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules made thereunder.] 40. Right of pre-audience.—(1) The AttorneyGeneral for Pakistan shall have the right of pre
Section 41
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unal 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 of section 41. (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 bef
Section 41
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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 2[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 remov
Section 43
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(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
Section 43
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ct No. XXXV of 2018, s. 10. Page 29 of 41 47. Appeal to the Pakistan Bar Council. ___(1) Any person aggrieved by an order of a 1[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
Section 46
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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 1[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
Section 47
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Court. ___Any person aggrieved by an order made by the disciplinary committee of the Pakistan Bar Council under subsection (3) of section 46 1[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 de
Section 47
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2 of the Limitation Act, 1908. ___The provisions of sections 5 and 12 o f the Limitation Act, 1908 ( 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,
Section 48
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ation Act, 1908. ___The provisions of sections 5 and 12 o f the Limitation Act, 1908 ( 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 m
Section 47
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f the Limitation Act, 1908 ( 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 o
Section 48
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ion Act, 1908 ( 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
Section 45
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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”. 2[52. Execution of a
Section 41
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er of Supreme Court and High Court to suspend advocate s 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 3[for a period of three months] if, after hearing such Advocate, the Court is of the opinion that he has committed an act of grave indiscipli
Section 41
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s expedient or necessary in the public interest and forward the complaint to the Provincial Bar Council 2[or Islamabad 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 2[and Islamabad Bar Council] for action in accordance with section 41; or (c) direct that no further action
Section 41
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(b) without making any order under subsection (1), forward the complaint to the Provincial Bar Council 2[and Islamabad 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 VIIA 3[* * * * * * *] CHAPTER VIII RULES 55. Power of Pakistan Bar Council to make rules. — The Pakistan
Section 34
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erred 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. 1Omitted by Act No. VIII of 19
Section 34
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ing 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. 4[(4) An advocate
Section 5(2)
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all have effect in relation to such persons as if they had not been repealed by the said Act. (2) 2[* * * * * * *] 69. 1[* * * * * * *] 2[SCHEDULE [See Section 5(2) (b)] PUNJAB BAR COUNCIL Group of Districts-I Name of District Seats (1) Bahawal Nagar … 01 (2) Bahawalpur … 03 (3) Rahim Yar Khan … 02 1Omitted by the Federal Laws (Revision and
Other laws referring to provisions of this instrument 3
Section 2 of Legal Practitioners and Bar Councils Act, 1973
Cited by Balochistan Sales Tax on Services Act, 2015
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r coverings, curtains, draperies, linens, bed -wears, and their accessories; (98) “Legal Practitioners and Consultants” means a legal practitioner as defined in section 2 of the Legal Practitioners and Bar Councils Act, 1973 (Act No. XXXV of 1973), and includes a person engaged in providing of services in relation to advice, consultancy or assistance in any branch of law or providing representational services before any court, tribunal or other
Target heading · Legal Practitioners and Bar Councils Act, 1973
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 und er the provisions of this Act;] (b) “Bar Council” means a Bar Council constituted under this Act; (c) “common roll” means the common roll of advocate
Section 2 of Legal Practitioners and Bar Councils Act, 1973
Cited by Legal Practitioners (Fees) Act, 1926
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For the purposes of this Act, unless there is anything repugnant in the subject or context,___ 5[(a) “Legal practitioner” means a legal practitioner as defined in section 2 of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973).] (b) a legal practitioner shall not be deemed to “act” if he only pleads, or to “agree to act” if he agrees only to plead. 3. Agreement for engagement of legal practitioner. ___Any legal practitioner
Target heading · Legal Practitioners and Bar Councils Act, 1973
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 und er the provisions of this Act;] (b) “Bar Council” means a Bar Council constituted under this Act; (c) “common roll” means the common roll of advocate
Section 2 of Legal Practitioners and Bar Councils Act, 1973
Cited by Companies Act, 2017
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Definitions.—(1) In this A ct, un less there is a nything repugnant in the subj ect or context,— (1) “advocate” shall have the same meaning as assigned to it in section 2 of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973); (2) “alter” or “alteration” includes making of additions or omissions without substituting or destroying main scheme of the document; (3) “articles” mean the articles of association of a company frame
Target heading · Legal Practitioners and Bar Councils Act, 1973
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 und er the provisions of this Act;] (b) “Bar Council” means a Bar Council constituted under this Act; (c) “common roll” means the common roll of advocate
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