LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973 pdf
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LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973 pdf
An Act to repeal and, with certain modifications, re-enact the law relating to legalpractitioners and bar councils The following Act of the National Assembly received the assent of the President on the 22nd February, 1973, and is hereby published for general information:-
Whereas it is expedient to repeal and, with certain modifications, re-enact 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 LegalPractitioners 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.--
ln this Act, unless there is anything repugnant in the subject orcontext,--
2
[(a) "Advocate" means an advocate entered in any roll under the provisions of this
Act;]
(b) "Bar Council" means a Bar Council constituted under this Act;
(c) "Common roll" means the common roll of advocates of the High Court or, as
the case may be, the common roll of other advocates prepared and
maintained by the Pakistan Bar Council under this Act;
[(cc) Omitted];
(d) "High Court", in relation to a Provincial Bar Council 4
[and Islamabad Bar
Council], means the High Court of the Province 5
[or Islamabad Capital
Territory], as the case may be, for which that Council is constituted;
6
[(da) "Islamabad Bar Council” means Islamabad Bar Council for Islamabad Capital
Territory constituted under this Act;";]
7
[(e) "legal practitioner" means an Advocate;]
8
[(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;
9
[(h) "Provincial Bar Council" in relation to a Province, means the Provincial Bar
Council constituted for that Province;]
(i) "Provincial roll" 10[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 11[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 land-holders and their tenants or
agents;
(k) "roll" means the roll of advocates maintained by a Bar Council;
12(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 13[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;
(n) "Tribunal", in relation to a Bar Council, means a Tribunal constituted by it
under this Act; 14[and]
15[(o) "voter” means:--
(i) in relation to election to a Provincial Bar Council 16[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 17[and Islamabad Bar Council] and who is
not in arrears of dues of the Provincial Bar Council 18[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 19[and Islamabad Bar Council].
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
3. Constitution and incorporation of Bar Councils.--
(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;
20[omitted]
21[(ii) a Bar Council for each Province to be known as the Bar Council of the
Province concerned] 22[;and
(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.—23[The] term of every Bar Council shall be 24[five] years
beginning on the first day of January following the general elections to the Provincial Bar
Councils 25[and Islamabad Bar Council]; and at the end of each term the members of the Bar
Council shall cease to hold office:
26[Provided that the next elections of the Provincial Bar Councils 27[and Islamabad
Bar Council] shall be held between the 1st October, 2009 and the 31st of December, 2009
and the term of the next Provincial Bar Council 28[and Islamabad Bar Council] shall
commence from the 1st January, 2010.]
