Legal Practitioners and Bar Councils Act, 1973: Preliminary
Legal Practitioners and Bar Councils Act, 1973: Preliminary
Legal Practitioners and Bar Councils Act, 1973: Preliminary
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.--ln this Act, unless there is anything repugnant in the subject or
context,--
2[(a) "Advocate" means an advocate entered in any roll under the provisions of this
Act;]
(b) "Bar Council" means a Bar Council constituted under this Act;
(c) "Common roll" means the common roll of advocates of the High Court or, as
the case may be, the common roll of other advocates prepared and maintained
by the Pakistan Bar Council under this Act;
1. Inserted vide Legal Practitioners & Bar Councils (Amendment) Act, (Act No. XII of 2005).
2. The original clause (a) of Section 2 reads as under:--
(a) "advocate" means an advocate entered in any roll under the provisions of this Act".
It was substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 2, with effect from 2.3.1985:--
“(a) “advocate” means an advocate whose name is for the time being entered in the Roll of Senior Advocates,
Roll of Advocates or Roll of Advocates-on-Record of the Supreme Court under the rules of the Supreme
Court or in the roll of Advocates of a High Court under this Act”;
It was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment) Act, 1987
(Act VIII of 1987) Section 2, with effect from 25.8.1978.
2 Legal Practitioners & Bar Councils Act, 1973
3[(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" means a Provincial Bar Council of a Province and
includes the Islamabad Bar Council;]
(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;
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
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, 2020 and the 31st of December, 2020 and
the term of the next Provincial Bar Councils 28[and Islamabad Bar Council] shall commence
from the 1st January, 2021.]
CHAPTER III
PROVINCIAL BAR COUNCILS 29[and ISLAMABAD BAR COUNCIL]
21. Substituted, vide Ordinance XL of 1978, Section 3(b), for the following:--
"(ii) a Bar Council for each Province, other than the Provinces of Sindh and Baluchistan to be known as the
Bar Council of the Province Concerned; and
(iii) a Bar Council for the Provinces of Sindh and Baluchistan, to be known as the Sindh and Baluchistan Bar
Council".
22. Added through Act No. V of 2014 Dated 18-06-2014
23. The word "The" was substituted for the words, figures and comma "Save as provided in Section 65 in respect of
the existing Bar Council, “the” by the Legal Practitioners & Bar Councils (Amendment) Ordinance, 1982
(Ordinance XVII of 1982), Section 2(a), w.e.f. 15.7.1982.
24. By the Legal Practitioners and Bar Councils (Amendment) Act, 1976 (Act LXVII of 1976) Section 2, the word
"three" was substituted by the word “four", with effect from 4.12.1976, and thereafter the word "four" was
substituted by the word "five", with effect from 15.7.1982, through the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 2(b).
25. Inserted through Act No. V of 2014 Dated 18-06-2014
26. Substituted through Amending Act No XXXV of 2018 dated 01-06-2018
27. The words "and Islamabad Bar Council" after the words "Provincial Bar Councils" in this proviso, were
Inserted through Act No. V of 2014 Dated 18-06-2014
28. The words "and Islamabad Bar Council" after the words "Provincial Bar Council" in this proviso were
Inserted through Act No. V of 2014 Dated 18-06-2014
29. Inserted through Act No. V of 2014 Dated 18-06-2014
30. Inserted through Act No. V of 2014 Dated 18-06-2014
31. Inserted through Act No. V of 2014 Dated 18-06-2014
32. Substituted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance No. XL of
1978) Section 4(1)(a), with effect from 12.10.1978, for the comma.
Legal Practitioners & Bar Councils Act, 1973 5
(b) the district-wise allocation of seats referred to in clause (a) for respective
Provincial Bar Councils 40[and Islamabad Bar Council], shall be in
accordance with the Schedule annexed hereto.}
41[(2A) For the purpose of election of members of a Provincial Bar Council 42[and
Islamabad Bar Council] from a district or districts under sub-section (2), the advocates entered
on the roll of 43[district or] group of districts as mentioned in the Schedule annexed hereto,
shall constitute the electoral college}.
44[(3) Omitted].
(4) At an election of the members of a Provincial Bar Council 45[and Islamabad Bar
Council] an advocate shall have as many votes as the number of members to be elected from
the 46[district, or as the case may be, the group of districts] concerned.
47[(5)
A member may resign his office by writing under his hand addressed to the
Chairman of the Council].
(6) Omitted]
Explanation: If any question arises whether an advocate is or is not, for the purposes
of this Section, practicing generally in a district, it shall be referred to the Advocate-General
for the Province concerned, 48[or Islamabad Capital Territory] whose decision thereon shall
be final.
49[5A. Qualifications for membership of a Provincial Bar Council 50[and
47. Sub-sections (5) and (6) were added, through the Legal Practitioners and Bar Councils (amendment)
Ordinance, 1978 (Ordinance No. XL of 1978) Section 4(5), with effect from 12.10.78, but by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), the sub-section (6),
which reads as under, was omitted with effect from 15.7.82:
"(6) A member shall cease to be a member 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 Vll".
48. Inserted through Act No. V of 2014 Dated 18-06-2014
49. With effect from 15.7.1982, new Sections 5-A, 5-B and 5-C were inserted by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 4.
50. Inserted through Act No. V of 2014 Dated 18-06-2014
51. Inserted through Act No. V of 2014 Dated 18-06-2014
52. Substituted through Act No. XII of 2005.
53. Inserted through Act No. V of 2014 Dated 18-06-2014
54. Inserted through Amending Act No XXXV of 2018 dated 01-06-2018.
55. ●Firstly word “ten” was substituted for the word “seven” through Act No. XII of 2005.
●Secondly word “fifteen” substituted for the word “ten” through Amending Act No XXXV of 2018
dated 01-06-2018
56. Inserted through Act No. V of 2014 Dated 18-06-2014
57. Addad through Act No. V of 2014 Dated 18-06-2014
58. Inserted through Act No. V of 2014 Dated 18-06-2014
59. Inserted through Act No. V of 2014 Dated 18-06-2014
60. Inserted through Act No. V of 2014 Dated 18-06-2014
Legal Practitioners & Bar Councils Act, 1973 7
65[(2)
The Advocate-General for a Province 66[or Islamabad Capital Territory] shall be
the Chairman of the Provincial Bar Council for that Province 67[or Islamabad Capital Territory,
as the case may be].
(2A) If a member of a Provincial Bar Council 68[and Islamabad Bar Council] is
appointed as the Attorney-General for Pakistan or as the Advocate-General for a Province,
69[or Islamabad Capital Territory] his seat in the Council shall become vacant].
(3) The Vice-Chairman of each Provincial Bar Council 70[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 sub-section (8), the election of the Vice-Chairman
shall be held as soon as may be after the commencement of every year and in any case not
later than the thirty-first day of January.
(5) Subject to the provisions of sub-sections (6) and (7), the Vice-Chairman shall
hold office 71[until his successor enters upon his office].
(6) A Vice-Chairman may resign his office by writing under his hand addressed to
the Chairman.
(7) A Vice-Chairman 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 Vice-Chairman becomes vacant, an election to the vacant
office shall be held within thirty days of the office becoming vacant. .
(9) The Chairman and Vice-Chairman shall have such powers and functions as may
be prescribed.
7. Time of holding elections to a Provincial Bar Council 72[and Islamabad Bar
Council].--Elections to a Provincial Bar Council 73[and Islamabad Bar Council] shall be held
so as to conclude on or before the thirtieth day of November in the year in which the term of
the Provincial Bar Council 74[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;
75[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]
76
[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]
71. Substituted for the words "till the thirty first day of December in the year in which he assumes office", by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 5, with
effect from 15.7.1982.
72. Inserted through Act No. V of 2014 Dated 18-06-2014
73. Inserted by (Amendment) Act, 2014 on 18-06-2014
74. Inserted through Act No. V of 2014 Dated 18-06-2014
75. Addad through Act No. V of 2014 Dated 18-06-2014
76. Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
Legal Practitioners & Bar Councils Act, 1973 9
(2) A Provincial Bar Council 87[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.
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 94[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 co-opt 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
95
[11. Composition of Pakistan Bar Council.--(1) The Pakistan Bar Council
shall consist of the Attorney General for Pakistan, ex-officio, and 96[twenty-three] members,
who shall be elected on the basis of a single transferable vote by the members of the Provincial
Bar Councils 97[and Islamabad Bar Council] as hereinafter specified:-
Baluchistan ..................................................................... 1
Khyber Pakhtunkhwa ...................................................... 98[4]
The Punjab ..................................................................... 11
Sindh ............................................................................... 6
99[Islamabad Capital Territory……………......…………..1 ;and]
100[(1A)
The members of Pakistan Bar Council shall be elected by single transferable
vote from each province 101[and Islamabad Capital Territory] by the members of their
respective Provincial Bar Council.] 102[and Islamabad Bar Council]
(2) A member of a Provincial Bar Council 103[and Islamabad Bar Council] who is
elected to be a member of the Pakistan Bar Council shall cease to be a member of the
Provincial Bar Council 104[and Islamabad Bar Council].
(3) No election of a member to the Pakistan Bar Council shall be called in question on
the ground merely that due notice thereof has not been given to any person entitled to vote
thereat, if the notice of the date has, not less than thirty days before that date, been published
in the official Gazette.
(4) A member may resign his office by writing under his hand addressed to the
Chairman of the Council.
105[(5) …… Omitted]
106[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 107[for not less than five years];
(b) has, on the day of the filling of the nomination paper, been an Advocate for not
less than 108[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--
98. Substituted for the figure “2” vide Act No. XII of 2005.
99. Added through Act No. V of 2014 Dated 18-06-2014
100. Present sub-section (1A) was inserted through the Legal Practitioners and Bar Councils (Amendment) Act,
2005 (Act XII of 2005).
101. Inserted through Act No. V of 2014 Dated 18-06-2014
102. Inserted through Act No. V of 2014 Dated 18-06-2014
103. Inserted through Act No. V of 2014 Dated 18-06-2014
104. Inserted through Act No. V of 2014 Dated 18-06-2014
105. Sub-section (5) was omitted, vide Ordinance No. XVII of 1982 as above.
106. Sections 11A, 11B and 11C were inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1982 (Ordinance XVII of 1982) Section 9, with effect from 15.7.1982
107 Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
108. Firstly substituted for the word “ten” vide Act No. XII of 2005; &
Secondly substituted for the word “fifteen” through Amending Act No XXXV of 2018 dated 01-06-2018
Legal Practitioners & Bar Councils Act, 1973 13
for Pakistan or as the Advocate-General for a Province 110[or Islamabad Capital Territory], his
seat in the Council shall become vacant].
(2) There shall be a Vice-Chairman 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 sub-section (7), the election of the Vice-Chairman shall
be held as soon as may be after the commencement of every year and in any case not later
than thirty-first day of January.
(4) Subject to the provisions of sub-sections (5) and (6), the Vice-Chairman shall hold
office 111[until his successor enters upon his office].
(5) A Vice-Chairman may resign his office by writing under his hand addressed to the
Chairman.
(6) A Vice-Chairman 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.
109. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, (Ordinance XL of 1978)
Section 8, with effect from 12.10.1978.
110. Inserted by (Amendment) Act, 2014 on 18-06-2014
111. Inserted, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 10, with effect from 15.7.1982, for the words "till the thirty-first day of December in the year in
which he assumes office".
14 Legal Practitioners & Bar Councils Act, 1973
(7) Where the office of a Vice-Chairman becomes vacant, an election to the vacant
office shall be held in the manner prescribed under sub-section (2), within thirty days of the
office becoming vacant.
(8) The Chairman and the Vice-Chairman shall have such powers and functions as
may be prescribed.
13. Functions of the Pakistan Bar Council.--112[(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;
113[(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;
(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 standard 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 114[and
Islamabad Bar Council];
(i) to exercise general control and supervision over the Provincial Bar Councils
115[and Islamabad Bar Council] 116[and to issue directions to them from time to
112. Section 13 was re-numbered as sub-section (1) of that Section with effect from 15.7.82 vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 11, and new
sub-sections (2) and (3) were added. See foot note No. 101 also.
113. Clauses (b) and (c) of sub-section (1) of Section 13, read as under, were omitted by the Legal Practitioners and
Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 3, with effect from 2.3.1985:
"(b) to admit persons as advocates entitled to practice before the Supreme Court and to prepare and maintain
a roll of such advocates and to remove advocates from such roll;
(c) to entertain and determine cases of misconduct against advocates of the Supreme Court in relation to
proceedings in that Court and to award punishment in such cases;"
Through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 4 (a), the
present text of clauses (b) and (c) was inserted with effect from 25.8.1987.
114. Inserted through Act No. V of 2014 Dated 18-06-2014
115. Inserted through Act No. V of 2014 Dated 18-06-2014
116. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982)
Section 11(a)(i), with effect from 15.7.1982.
117. Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
Legal Practitioners & Bar Councils Act, 1973 15
124[(3)The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall apply
to appeals under sub-section (2)].
14. The first Pakistan Bar Council.--As soon as may be, after the constitution of the
Provincial Bar Councils under this Act, the first Pakistan Bar Council shall be constituted in
accordance with the provisions of Section 11.
15. Committees of the Pakistan Bar Council.--(1) The Pakistan Bar Council shall
constitute the following Committees, namely:--
(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 Attorney-General 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 it members.
(2) The Pakistan Bar Council may constitute from amongst its members such other
Committees, including a legal education Committee 125{and human rights committee}, as it
may deem necessary for the performance of its functions under this Act, and may authorize
any such Committee to co-opt 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,--
126(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
124. Substituted, Ordinance XVII of 1982, Section 4 (c), for sub-section (3), mentioned under foot note No. 38.
125. Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
126. The Original clauses (a) and (b) of Section 16, read as under--
"(a) for filling a vacancy in the Pakistan Bar Council, the provisions of Section 11 shall apply mutatis mutandis;
and
(b) for filling a vacancy in a Provincial Bar Council, the provisions of Section 5 shall apply mutatis mutandis".
These clauses were substituted by the following through the Legal Practitioners and Bar Councils (Amendment)
Act, 1975 (Act Lll of 1975) Section 2, with effect from 26.7.1975--
"(a) in the case of the Pakistan Bar Council, the vacancy shall be filled by a person elected in accordance
with the provisions of Section 11; and
Legal Practitioners & Bar Councils Act, 1973 17
of single transferable votes next after the member, the vacancy in whose seat
is to be filled or if there be no such person then the vacancy shall be filled by a
person elected in accordance with the provisions of Section 11;
(b) in the case of a Provincial Bar Council 127[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 districts or, as the case may be, group of districts, who is co-
opted by the Provincial Bar council] 128[and Islamabad Bar Council].
17. Funds of Bar Councils.--(1) All sums received by a Provincial Bar Council 129[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 sub-section (2), shall
be managed, administered and utilized in such manner as may be prescribed.
130[(2)
Every person applying for enrolment as an advocate or an advocate of the High
Court shall pay one-third of the prescribed fee to the Pakistan Bar Council and the balance to
the Provincial Bar Council concerned, 131[or Islamabad Bar Council as the case may be,] in
such manner as may be prescribed by the Pakistan Bar Council].
(b) in the case of a Provincial Bar Council, the vacancy shall be filled by the person who received, in the
same election and from the same districts 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, as the case may be, group of districts,
who is co-opted by the Provincial Bar Council."
The above clauses were again substituted, with effect from 15.7.82, by the following vide Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 12:-
"(a) In the case of the Pakistan Bar Council, the vacancy shall be filled by a person who is co-opted by the
Pakistan Bar Council from amongst persons belonging to the same province to which the vacancy relates
who are qualified to be members of the Pakistan Bar Council; and
(b) in the case of a Provincial Bar Council, the vacancy shall be filled by a person who is co-opted by the
Provincial Bar Council from amongst persons belonging to the district or districts to which the vacancy
relates who are qualified to be members of the Provincial Bar Council."
Clauses (a) and (b) were again amended through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987) Section 5.
Clause (a) of Section 16 earlier brought about vide Act VIII of 1987 was substituted by the present one through
Act No. XII of 2005.
127. Inserted through Act No. V of 2014 Dated 18-06-2014
128. Inserted through Act No. V of 2014 Dated 18-06-2014
129. Inserted through Act No. V of 2014 Dated 18-06-2014
130. Originally framed sub-section (2) of Section 17 reads:
"(2) Every Provincial Bar Council shall within thirty days of the close of a financial year pay to the Pakistan Bar
Council a sum equal to [twenty] percent, of the total sum received by it during that financial year as enrolment
fees and fees for permission to practice before the High Court."
By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section 9,
the word "twenty" appearing in original sub-section (2) was substituted by the words "thirty three and one third"
The amended sub-section (2), as aforementioned, was substituted by the present text, vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 13, with effect
from 15.7.1982.
131. Inserted through Act No. V of 2014 Dated 18-06-2014
18 Legal Practitioners & Bar Councils Act, 1973
(3) All sums received by the Pakistan Bar Council under sub-section (2) or as
enrolment fees, grants, donations or subscriptions shall form part of the fund of that Council
and that fund shall be managed, administered and utilized in such manner as may be
prescribed.
18. Accounts and Audit.--(1) Every Bar Council shall cause to be maintained such
books of accounts and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by an auditor who is a chartered
accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), at
such times and in such manner as may be prescribed.
(3) As soon as the accounts of a Provincial Bar Council 132[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.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTICE, SENIORITY,
PRE-AUDIENCE, ETC.
(b) any other advocate shall be entitled as of right to practice throughout the Province or Provinces for which
the Bar Council, on whose roll his name is entered, has been constituted, and to appear, act and plead
before any Court or tribunal in such Province or Provinces other than the High Court."
By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985), Section
4, for the original sub-section (2) of Section 22, as aforementioned, the following was substituted with effect
from 2.2.1985:--
"(2) Subject to Article 207 of the Constitution and the provisions of this act and the rules made thereunder, an
advocate shall be entitled as of right to practice,--
(a) in the case of an Advocate of the Supreme Court, in the Supreme Court, and in or before any High Court
or other Court, tribunal, person or authority who or which is legally authorized to take evidence: and
(c) in the case of any other Advocate,--
(i) in the High Court of which he is an Advocate;
(ii) save as otherwise provided by sub-section (2-A) or by or under any other law for the time being in
force, in any other Court in Pakistan, including a High Court, and before any other tribunal or person
legally authorized to take evidence; and
(iii) before any other authority or person before whom such Advocate is by or under the law for the time
being in force entitled to practise.
(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 practise in the High Court, such Advocates shall not be entitled to practise
therein otherwise than subject to such conditions."
Sub-section (2), as aforementioned, was again amended and substituted through the Legal Practitioners and
Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 6, with effect from 25.8.1987.
The present taxt of sub-section (2) of Section 22 was substituted through Act No. XII of 2005.
135. Inserted through Act No. V of 2014 Dated 18-06-2014
136. Inserted through Act No. V of 2014 Dated 18-06-2014
20 Legal Practitioners & Bar Councils Act, 1973
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 advocates-on-record,
entitled to practice in the Supreme Court.]
24. Admission and enrolment of Advocates of the High Court.--138[…….] Each
Provincial Bar Council 139[and Islamabad Bar Council] shall prepare and maintain 140{for the
Province 141[and Islamabad Capital Territory] and each 142(District) in the Province 143[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 practice in the High Court
immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates of the High Court under the
provisions of this Act.
144[(2) …… Omitted]
"(2) Notwithstanding anything contained in sub-section (1) all advocates who, immediately before the coming
into force of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, were entered on the roll
of the Sindh and Baluchistan Bar Council and were practicing generally at any place within the Province of
Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar Council for the
Province of Baluchistan by the fifteenth day of November, 1978."
145. Section 25 was re-numbered as sub-section (1) of that Section vide the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section 11.
146. Inserted through Act No. V of 2014 Dated 18-06-201
147. Substituted, vide Ordinance XL of 1973, Section 11(a), for the word "roll".
148. Substituted vide Act XII of 2005 Section 11(b), for the words "a roll".
149. Inserted through Act No. V of 2014 Dated 18-06-2014
150. Inserted through Act No. V of 2014 Dated 18-06-2014
151. The following sub-section (2) was added, ibid, Section 11(c), but through the Federal Laws (Revision and
Declaration) Ordinance, 1981 (Ordinance XXVII of 1981), Section 3 and Sch. II, the same was omitted with
effect from 8.7.1981:
"2" Notwithstanding anything contained in sub-section (1) all advocates who, being entitled, immediately before
the coming into force of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, to practice in
any Court subordinate to the High Courts of Sindh and Baluchistan were entered on the roll of the Sindh and
Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar Council for the
Province of Baluchistan by the fifteenth day of November, 1978."
152. The brackets and figure “(1)” were omitted vide Act XII of 2005.
153. Inserted by the Legal Practitioners and Bar Councils (Amendment) Act, 1976) Section 2, with effect from
19.4.1976.
22 Legal Practitioners & Bar Councils Act, 1973
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 within India
as defined by the Government of India Act, 1935 (26 Geo 5, c 2); or
154(iii) a bachelor degree in law from a university or institute recognized by the
Higher Education Commission and the Pakistan Bar Council; and]
155[(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.
156[(2) Omitted.
(3) Omitted]
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 practiced 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 157[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.
158[28. Persons qualified for admission as advocates of the Supreme Court.--
Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified
to be admitted as a senior advocate and an advocate of the Supreme Court including an
advocate-on-record 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.]
159[28A.
Persons disqualified to be enrolled as advocate.--A person shall be
disqualified from being admitted as an advocate of any Court if--
(a) he was dismissed or removed from service of Government or of a public
statutory corporation on a charge involving misconduct or moral turpitude; or
(b) he has been convicted for an offence involving moral turpitude by a Court; or
(c) he has been declared a tout and such declaration has not been withdrawn.]
29. Eligibility of women for admission.-- No woman shall be disqualified for
admission as an advocate for reason only of her sex.
30. Authority to whom applications for enrolment may be made.--An application
for admission as an advocate, other than an advocate of the Supreme Court, shall be made
in the prescribed form to the Provincial Bar Council 160[and Islamabad Bar Council] within
whose jurisdiction the applicant proposes to practise generally 161[; and an application for
admission as an advocate of the Supreme Court shall be made in the prescribed form to the
Pakistan Bar Council.]
31. Disposal of applications for admission as an advocate.--(1) All applications
for admission as an advocate received by a Bar Council shall be referred to its enrolment
Committee.
(2) The enrolment Committee may either grant the application or return it to the Bar
Council recording its reasons for not granting the application.
158. Section 28 was omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985
(Ordinance XVI of 1985) Section 7, which was again inserted on 25.8.87 through the Legal Practitioners and
Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 9. Present text was substituted through Act No.
XII of 2005.
159. Added through Act XII of 2005.
160. Inserted through Act No. V of 2014 Dated 18-06-2014
161. The semicolon and words“; and an application for admission as an Advocate of the Supreme Court shall be
made in the prescribed form to the Pakistan Bar Council“ were omitted on 2.3.1985 by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 8, which were again added
on 25.8.1987 through the Legal Practitioners & Bar Councils (Amendment) Act, 1987 (Act VIII of 1987), Section
10.
24 Legal Practitioners & Bar Councils Act, 1973
(3) Where any application is returned to a Bar Council under sub-section (2), the Bar
Council may, after considering the reasons recorded by the enrolment Committee, either grant
or reject the application.
32. Appeal against order of rejection.--Where any application for admission as an
advocate is rejected by a Provincial Bar Council, 162[and Islamabad Bar Council] the applicant
may, within such period and in such manner as may be prescribed, appeal to the enrolment
Committee of the Pakistan Bar Council, and the decision of that Committee on such appeal
shall be final.
33. No applicant rejected by one Provincial Bar Council 163[or Islamabad Bar
Council as the case may be,] to be enrolled by another such Council.--Where a Provincial
Bar Council 164[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 165[and 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 166[and 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 167[and Islamabad Bar Council,
as the case may be,] which rejected the application.
34. Payment of fees.--(1) The Pakistan Bar Council may prescribe the following fees,
namely--
(a) fee for enrolment as an advocate or an Advocate of the High Court, which shall
be fixed after consultation with the High Court, to be paid to the Provincial Bar
Council 168[and Islamabad Bar Council] 169[and the Pakistan Bar Council in
accordance with sub-section (2) of Section 17];
170[(b) fee for enrolment as an advocate of the Supreme Court which shall be fixed
after consultation with the Supreme Court, to be paid to the Pakistan Bar
Council; and]
(c) annual fee payable by advocates to the Bar Council on whose roll their names
are entered:
Provided that no person whose name is entered on the roll under clause
(a) of Section 25, clause (a) of Section 24 171[or clause (a) of Section 23] as an
advocate, an advocate of the High Court 172[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) 173[or clause (b)] of sub-section (1) may be paid
in such instalments, if any, as may be prescribed.
(3) The annual fee referred to in clause (c) of sub-section (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 of 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 advocate and shall be not restored except upon payment
of the installment or fee due and such penalty not exceeding the amount of such installment
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.
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 174[clause (a) of Section 23,] clause (a) of
Section 24 or clause (a) of Section 25 shall be entered first in the order in which
they were respectively entitled to seniority inter se immediately before the
commencement of this Act; and
171. The words, brackets, letter and figure "or clause (a) of Section 23" and the words “or an Advocate of the
Supreme Court" in proviso to sub-section (1) of Section 34 were omitted, with effect from 2.3.85, by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section
9(a)(ii). The same were again inserted on 25.8.1987, through the Legal Practitioners and Bar Councils
(Amendment) Act, 1987 (Act VIII of 1987), Section 11 (a) (ii).
172. The words, brackets, letter and figure "or clause (a) of Section 23" and the words “or an Advocate of the
Supreme Court" in proviso to sub-section (1) of Section 34 were omitted, with effect from 2.3.85, by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(ii). The
same were again inserted on 25.8.1987, through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987), Section 11 (a) (ii).
173. The words brackets and letter "or clause (b)".in sub-section (2) of Section 34, were omitted on 2.3.85 by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9 (b),
The same were again inserted on 25.8.87 vide the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987) Section 11(b).
174. The words, brackets, figure and comma "clause (a) of Section 23", and the words "or an Advocate of the
Supreme Court" in clauses (a) and (b) of sub-section (1) of Section 35, respectively, were omitted by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 10, on
2.3.1985. The same words, brackets, figure and comma were again inserted in both the clauses, as were before
the omission, on 25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 23.
26 Legal Practitioners & Bar Councils Act, 1973
(b) the seniority of any other person admitted, after that date, to be an advocate or
an advocate of the High Court 175[or an advocate of the Supreme Court] shall
be determined by the date of his admission:
Provided that, for the purposes of clause (b), the seniority of a person who, before his
admission as an advocate, was entitled as of right to practise in any other High Court shall be
determined by the date on which he became so entitled.
(2) Where the date of seniority of two or more persons is the same, the one senior in
age shall rank as senior to the other.
37. Copy of roll to be kept with 177[Supreme Court and] High Court.--178[(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 179[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 180[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.--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 181[and Islamabad
175. The words, brackets, letter and figure "or clause (a) of Section 23" and the words “or an Advocate of the
Supreme Court" in proviso to sub-section (1) of Section 34 were omitted, with effect from 2.3.85, by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(ii). The
same were again inserted on 25.8.1987, through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987), Section 11 (a) (ii).
176. Substituted for the figure “35”, vide Act XII of 2005.
177. The words "Supreme Court and " in the marginal heading of Section 37, and sub-section (1) of the said Section
were omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance
XVI of 1985) Section 11. The same, as appears from the present text, were again inserted on 25.8.87 through
the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 13.
178. Section 3 was omitted, with effect from 2.3.85, by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(c). The same was again inserted on 25.8,1987
through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987)
Section 11(a)(i).
179. Inserted through Act No. V of 2014 Dated 18-06-2014
180. Inserted through Act No. V of 2014 Dated 18-06-2014
181. Inserted through Act No. V of 2014 Dated 18-06-2014
Legal Practitioners & Bar Councils Act, 1973 27
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.
182{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 advocate-on-record, the disciplinary Committee of the
Pakistan Bar Council; and
(b) in case of any other advocate, the disciplinary Committee of a Provincial Bar
Council, 183[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 Sections 39
A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this
Act or the Rules made thereunder.}
40. Right of pre-audience.--(1) The Attorney General for Pakistan shall have the right
of pre-audience over all other advocates.
(2) Subject to sub-section (1), the Advocate General of a Province 184[or Islamabad
Capital Territory] shall have the right of pre-audience over all other advocates; and the right of
pre-audience among the Advocates-General shall be determined by the date of appointment
to their respective offices.
185
[(2A) Omitted];
(3) The right of pre-audience among other advocates shall be determined by their
seniority inter se.
186
[(4) Omitted]
187
[CHAPTER VII]
CONDUCT OF ADVOCATES
41. Punishment of advocates for misconduct.-- 188[(1) An advocate may, in the
manner hereinafter provided, be reprimanded, suspended, removed from practice or be made
to pay such amount of compensation, fine or penalty as may be ordered, if he is found guilty
of professional or other misconduct.]
187. Present chapter VII was substituted/restored through the Legal Practitioners & Bar Councils (Amended) Act
1987 (Act VIII of 1987) Section 14 w.e.f 25-08-1987. The original Chapter VII relating to “Conduct of Advocates”
however reproduced here in below
___________________________________________________________________________________________
“CHAPTER VII--CONDUCT OF ADVOCATES
41. Punishment of Advocates for misconduct.—(1) An advocate may, in the manner hereinafter provided,
be reprimanded, suspended or removed from practice 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 in relation to the proceedings of that Court, to the
Pakistan Bar Councils; and
(b) in any other case, to the Provincial Bar Council.
(3) Every complaint against an advocate made under sub-section (2), except where the complaint has been
made by a Court, shall be accompanied by a fee of ten rupees.
(4) Upon receipt of a complaint made to it under sub-section (2) against any advocate, the Bar Council shall,
unless it summarily rejects the complaint, refer the case:--
(a) if the complaint in respect of failure to render professional service for fee paid, or to return papers, or to
repay balance of money received, for conciliation to a conciliation Committee appointed by it and
consisting of two persons selected out of a panel of senior advocates practicing in the district in which
such advocate practises generally (hereinafter referred to as the Conciliation Committee); and
(b) if the complaint discloses actions involving moral turpitude, or defeat of justice or serious breaches of
professional conduct, for inquiry Committee appointed by it and consisting of two persons selected as
aforesaid (hereinafter referred to as the Inquiry Committee);
Provided that the Bar Council shall not summarily reject a complaint made by the Supreme Court or a High
Court.
(5) If a Bar Council has reason to believe that an advocate has been guilty of misconduct, it may, of its own
motion, refer the case to an Inquiry Committee.
(6) An inquiry into, and conciliation proceedings in relation to, a complaint against an advocate, shall be held at
the headquarters of the Bar Council or of the district in which he practices generally.
(7) A Conciliation Committee shall proceed to conciliate in the matter referred to it for conciliation and.--
(a) if a settlement is arrived at in the course of the proceedings before it, shall send a report thereof to the
Bar Council concerned together with a memorandum of settlement signed by the parties to the
proceedings; and
(b) if no settlement is arrived at as aforesaid shall inform the Bar Council concerned of such failure.
(8) An Inquiry Committee shall, after making such inquiry and giving the parties opportunity of being heard as
it may consider necessary, make a report for a final hearing and decision to a tribunal specified by the Bar
Council in this behalf.
(9) An Inquiry Committee may, where it considers it necessary so to do, require the person making a complaint,
except where the complaint has been made by a Court, to deposit with the Committee as security for costs,
such sum as it may specify.
____________________________________________________________________________________________
188. Substituted vide Legal Practitioners & Bar Council Act No. XII of 2005
Legal Practitioners & Bar Councils Act, 1973 29
(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 189[and Islamabad Bar Council
as the case may be].
(3) Every complaint against an advocate made under sub-section (2), except where
the complaint has been made by a Court, shall be accompanied by 190[such fee as may be
prescribed by the Pakistan Bar Council from time to time.]
(4) Upon receipt of a complaint under sub-section (2) against any advocate, the
disciplinary Committee of the Bar Council may, unless it summarily rejects the complaint, after
making such enquiry and giving the parties such opportunity of being heard as it may consider
necessary either reject the complaint or refer the same to a Tribunal for decision:
Provided that the disciplinary Committee shall not summarily reject a complaint made
by the Supreme Court or a High Court;
191[Provided
further that if the Disciplinary Committee while referring the matter to the
Tribunal is of the opinion that the Respondent Advocate has committed an act of grave
indiscipline or grave professional misconduct and his immediate suspension from practice is
expedient or necessary in the 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.]
192[(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 refer the case to its disciplinary
Committee.]
48. Appeal to the Supreme Court.--Any person aggrieved by an order made by the Disciplinary Committee of
the Pakistan Bar Council under sub-section (3) of Section 46 may, within sixty days from the date on which the
order is communicated to him, prefer an appeal to the Supreme Court which may pass such order thereon as
it may deem fit.
49. Application of Sections 5 and 12 of the Limitation Act, 1908.--The-provisions of Sections 5 and 12 of
the Limitation Act, 1908 (Act IX of 1908), shall so far as may be, apply to appeals made under Section 47 or
Section 48.
50. Stay of order.--Any 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".
52. Cost of proceedings before a Disciplinary Committee.--The Disciplinary Committee of the Pakistan Bar
Council may make such order as to the costs of proceedings before it as it may deem fit and any such order
shall be executable as if it were an order of the Supreme Court.
53. Review of order by a 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. Powers of Supreme Court and High Courts to suspend advocates from practice.--(1) The Supreme
Court or a High Court may, while making a complaint under sub-section (2) of Section 41 against an advocate,
make an order for the suspension of the advocate from practice if, after hearing such advocate, the Court is of
the opinion that he has committed an act of grave indiscipline in the view of the Court or grave professional
misconduct in relation to any proceeding before it, and his immediate suspension is expedient or necessary in
the interest of administration of justice.
(2) On a complaint made to it against an advocate by a Court subordinate to it, the High Court may,--
(a) make an order under sub-section (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
Legal Practitioners & Bar Councils Act, 1973 31
(5) Any person whose complaint is rejected by the disciplinary Committee under sub-
section (4) may within thirty days of the day on which the order of the Committee is
communicated to him, prefer an appeal to the tribunal, whose decision in such appeal shall be
final.
42. Tribunals of Bar Councils.--(1) The Pakistan Bar Council may constitute one or
more Tribunals each consisting of two of its members elected by it for the purpose and a Judge
of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be the Chairman.
expedient or necessary in the public interest and forward the complaint to the Provincial Bar Council for
action in accordance with Section 41; or
(b) without making any order under sub-section (1). forward the complaint to the Provincial Bar Council for
action in accordance with Section 41; or
(c) direct that no further action need be taken in respect of the complaint.
(3) An order under sub-section (1) or sub-section (2) for the suspension of an advocate from practice shall
remain in force until the complaint against the advocate is disposed of by the Tribunal under Section 43, unless
on review the Court making the order, for reasons to be recorded, vacates it earlier.
Sub-sections (4), (5), (6), (7), (8) and (9) of the aforesaid original Section 41 were substitute by the
following through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 15, with effect from 15.7.1982--
"(4) upon receipt of a complaint under sub-section (2) against any advocate, the Disciplinary Committee of the
Bar Council may, unless it summarily rejects the compliant, after making such enquiry and giving the parties
such opportunity of being heard as it may consider necessary, either reject the complaint or refer the case to a
Tribunal for decision:
Provided that the Disciplinary Committee shall not summarily reject a complaint made by the Supreme Court or
a High Court.
(5) Any person whose complaint rejected by the Disciplinary Committee under sub-section (4) may, within thirty
days of the day on which the order of the Committee is communicated to him, prefer an appeal to the Tribunal,
whose decision in such appeal shall be final".
In the aforesaid sub-section (5) of original Section 43 the words "the complaint referred to" were substituted for
the word "reference to the Inquiry Committee on whose report the matter has come before", ibid, Section 17.
The words "An Inquiry Committee", "an inquiry Committee" and "inquiry Committee" appeared in the aforesaid
sub-sections (1), (2) and (3) of original Section 44 were substituted by the words "A Disciplinary Committee", a
Disciplinary Committee", respectively, ibid, Section 17.
In the aforesaid sub-section (1) its proviso and sub-sections (2), (3) and (4) of original Section 45. the words
“an Inquiry Committee" were substituted by the words "a Disciplinary Committee", ibid, Section 18.
In the above-said sub-section (1) of original Section 46 the words "any conciliation Committee or Inquiry
Committee appointed by it" were substituted by the words "the Disciplinary Committee thereof", ibid, S. 19.
-- The afore-said sub-section (3) of original Section 54 was omitted, ibid, Section 20,
-- The following new Section 54-A was inserted in Chapter VII, ibid, Section 21:--
"54A.--Time for disposal of disciplinary matters.--The Disciplinary Committee and a Tribunal shall dispose
of a complaint against an advocate within three months of the day on which the complaint is received by it; and,
if the complaint is not disposed of within that period the order under sub-section (1) or sub-section (2) of Section
54 for the suspension of the advocate from practice, if any, shall stand vacated on the expiration of that period,
unless on review the Court making the order, for reasons to be recorded, vacates it earlier."
— The aforesaid Chapter VII, as amended, was substituted by the following, through the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 13, with effect from
2.3.1985:-
"CHAPTER VII-MISCONDUCT
41. Punishment of Advocate for misconduct.--(1) The High Court may, in the manner hereinafter provided,
reprimand, suspend or remove from practice any Advocate of the High Court whom it finds guilty of professional
or other misconduct.
32 Legal Practitioners & Bar Councils Act, 1973
(2) A Provincial Bar Council 193[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.
194
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) Upon receipt of a complaint made to it by any Court or by any person that any such Advocate has been
guilty of misconduct, the High Court shall, if it does not summarily reject the complaint, refer the case for inquiry
to the Disciplinary Committee.
(3) If the High Court has reason to believe that an Advocate has been guilty of misconduct, it may, of its own
motion, refer the case to the Disciplinary Committee.
(4) The Disciplinary Committee shall consist of—
(a) two Judges of the High Court nominated by the Chief Justice of the High Court, of whom the senior shall
be the Chairman;
(b) the Advocate-General of the Province; and
(c) two Advocates of not less than ten year's standing at the Bar nominated by the Chief Justice of the High
Court.
193. Inserted through Act No. V of 2014 Dated 18-06-2014
____________________________________________________________________________________________
42. Procedure in inquiries.--(1) The High Court shall make rules to prescribe the procedure to be followed by
the Disciplinary Committee in the conduct of inquiries referred to it under Section 41.
(2) If the complaint referred to it under sub-section (2) of Section 41 is in respect of failure to render professional
service for fee paid, or to return papers, or to repay balance of money received, the Disciplinary Committee
shall, before taking up an inquiry, proceed to conciliate in the matter and, if a settlement is arrived at in the
course of the proceedings, shall send a report thereof to the High Court together with a memorandum of
settlement signed by the parties to the proceedings.
(3) The finding of the Disciplinary Committee on an inquiry referred to the Committee under Section 41 shall be
forwarded to the High Court.
(4) The Chairman of the Disciplinary Committee may empower one of the members of the Disciplinary
Committee to consider and decide preliminary issues and to record evidence.
(5) On receipt of the finding of the Disciplinary Committee, the High Court shall fix a date of the hearing of the
case and shall cause notice of the day so fixed to be given to the Advocate concerned and shall afford him an
opportunity of being heard before orders are passed in the case.
(6) The High Court may thereafter either pass such final orders in the case as it thinks fit or refer it back for
further inquiry to the Disciplinary Committee and, upon receipt of the finding after such further inquiry, deal with
the case in manner provided in sub-section (5) and pass final orders thereon.
(7) In passing final orders the High Court may pass such order as regards the payment of the costs of the
inquiry and of the hearing in the High Court as it thinks fit.
(8) The High Court may, of its own motion or on an application made to it in this behalf, review any order passed
under sub-section (6) or sub-section (7) and maintain, vary or rescind the same, as it thinks fit.
(9) When any Advocate is reprimanded or suspended under this Act, a record of the punishment shall be
entered against his name in the roll of Advocates of the High Court, and when an Advocate is removed from
practice his name shall forth with be struck off the roll; and the certificate of any Advocate so suspended or
removed shall be recalled.
43. Powers of Disciplinary Committee in inquiries.--(1) For the purposes of an inquiry under Section 41, the
Disciplinary Committee shall have the same powers as are vested in a Court under the Code of Civil Procedure,
1908 (Act V of 1908), in respect of the following matters, namely,--
(a) enforcing the attendance of any person and examining him upon oath;
(b) compelling the production of documents; and
Legal Practitioners & Bar Councils Act, 1973 33
(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
Advocate-General of the Province 195[or Islamabad Capital Territory, as the case may be,] and
shall afford to the complainant, the advocate concerned and the Advocate-General an
opportunity of leading evidence, if any, and of being heard before orders are passed in the
case.
(3) The Chairman of the Tribunal may empower one of the members of the Tribunal
to consider and decide preliminary issues and to record evidence.
(4) The Tribunal may, where it considers it necessary so to do, require the person
making a complaint, except where the complaint has been made by a Court, to deposit with
the Tribunal, as security for Costs, such sum as it may specify.
(5) On completion of the inquiry, the Tribunal may either dismiss the complaint or,
where the complaint referred to the Tribunal was made at the motion of a Bar Council, direct
that the proceedings be filed; or it may make an order imposing any of the penalties referred
to in sub-section (1) 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 practicing 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 sub-section (5) and maintain, vary or rescind the same, as it
thinks fit.
(8) When any advocate is 196[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 197[such compensatory costs as may be deemed reasonable]:
Provided that no order under this sub-section shall be made against a Court or the
presiding officer of a Court 198[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 sub-section (1) or, of its
own motion or on application so made, review any order passed by the Tribunal under that
sub-section and may, in either case, maintain, vary or rescind the same, as it thinks fit.
(3) Subject to sub-section (2), every order of the Disciplinary Committee or the
Tribunal under sub-section (1) shall be executable.--
45. Powers of the Tribunal and Disciplinary Committee in inquiries.--(1) For the
purposes of any such inquiry as aforesaid, a disciplinary Committee and a Tribunal shall have
the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of
1908), in respect of the following matters, namely.--
(a) enforcing the attendance of any person,
(b) compelling the production of documents, and
(c) issuing commissions for the examination of witnesses:
Provided that the disciplinary Committee or the Tribunal shall not have power to
require the attendance of the presiding officer of any Civil or Criminal Court save with the
previous sanction of the High Court or, in the case of the presiding officer of a Revenue Court,
of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning
of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860); and a disciplinary
Committee and a Tribunal shall be deemed to be a Civil Court for the purpose of 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 Committee or, as the case may be, the
Tribunal is sitting, any summons or other process for the attendance of a
witness or the production of a document required by the Committee or Tribunal,
or any commission which it desires to issue, and the Civil Court shall serve such
process or issue such commission, as the case may be, and may enforce any
such process 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 Qanun-e-Shahadat, 1984
(P.O. No. 10 of 1984) and the provisions of that Article shall apply accordingly.
46. Disciplinary Powers of the Pakistan Bar Council.--(1) Notwithstanding anything
contained in this Chapter, the disciplinary Committee of the Pakistan Bar Council may, of its
own motion, withdraw for inquiry before itself any proceedings for disciplinary action against
any advocate pending before a Provincial Bar Council 200[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 "Advocate-General" in that Section being construed as reference to the
"Attorney-General for Pakistan".
(3) In disposing of any case under this section, the disciplinary Committee of the
Pakistan Bar Council may make any order which the Tribunal can make under Section 43,
and the Tribunal shall give effect to any such order:
201[Provided
that every order passed hereinabove shall be subject to the approval of
the Pakistan Bar Council].
202[46.A Omitted]
47. Appeal to the Pakistan Bar Council.--(1) Any person aggrieved by an order of a
203[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 sub-section (3) of Section 46 204[or
sub-section (2) of Section 47 or a final order of a Tribunal of the Pakistan Bar Council] may,
within sixty days from the date on which the order is communicated to him, prefer an appeal
to the Supreme Court which may pass such order thereon as it may deem fit.
49. Application of sections 5 and 12 of the Limitation Act, 1908.--The provisions
of sections 5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply
to appeals made under Section 47 or Section 48.
50. Stay of order.--An appeal made under Section 47 or Section 48 shall not operate
as a stay of the order appealed against but the disciplinary Committee of the Pakistan Bar
Council or the Supreme Court, as the case may be, may, for sufficient cause, direct the stay
of such order on such terms and conditions as it may deem fit.
51. Powers of the disciplinary Committee.--The disciplinary Committee of the
Pakistan Bar Council shall have the same powers as are vested in a Tribunal by Section 45
and that Section shall apply to the disciplinary Committee, the reference to the "Tribunal" in
that Section being construed as a reference to the "disciplinary Committee of the Pakistan Bar
Council".
52.205[Execution of an order of a Bar Council, a Committee or Tribunal:-
Subject to this Act and 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 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 advocates from
practice.—
(1) The Supreme Court or a High Court may, while making a complaint under sub-
section (2) of Section 41 against an advocate, make an order for the suspension of the
advocate from practice 206[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.
207[(1A)The Bar Council concerned on receipt of a complaint from 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 sub-section (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 208[or Islamabad Bar Council] for action
in accordance with Section 41; or
205. Firstly it was ommitted through (Amendment) Act, 2014 on 18-06-2014; and
Secondly Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
206. Inserted vide Legal Practitioners & Bar Councils Act No. VI of 2015
207. Inserted vide Legal Practitioners & Bar Councils Act No. VI of 2015
208. Inserted through Act No. V of 2014 Dated 18-06-2014
38 Legal Practitioners & Bar Councils Act, 1973
(b) without making any order under sub-section (1), forward the complaint to the
Provincial Bar Council 209[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.
(k) the maintenance of books of accounts and other books by the Pakistan Bar
Council;
(I) the appointment of auditors and the audit of the accounts of the Pakistan Bar
Council;
213[(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;]
214[(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;]
215(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;"; and
(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 216[or an advocate of the
Supreme Court];
(p) the standards of professional conduct and etiquette to be observed by
advocates;
(q) the standards of legal education to be observed by universities in Pakistan and
the inspection of universities for that purpose;
(r) the circumstances in which and the conditions subject to which nationals of any
foreign country may be admitted as advocates and foreign qualifications may
be recognised for purposes of their admission;
217[(s) the procedure to be followed by Tribunals constituted by the Pakistan Bar
Council in inquiries relating to the conduct of an advocate];
(t) the general principles for guidance of the Provincial Bar Councils 218[and
(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;
(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 or an advocate of the High Court;
(l) the procedure to be followed by a Tribunal constituted by the Bar Council in
inquiries relating to the conduct of an advocate;
(m) the forming and regulation of firms of lawyers either throughout the Province or
any specified part thereof;
225[(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory];
(n) the recognition, 226[derecognition] and functioning of Bar Associations.
CHAPTER IX
MISCELLANEOUS
227
[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.-- 228[(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 practices 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 Revenue Officer, not being below the rank of a
Collector of a District (each as regards their or his own Court and the Courts, if any,
subordinate thereto), may frame and publish lists of persons proved, to their or his satisfaction,
or to the satisfaction of any subordinate Court as provided in sub-section (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 revenue
office shall be prima-facie evidence of the general repute of such person and of the fact that
he is, or is not, a tout.
(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 sub-section (1) to frame and publish a list of touts
may send to any Court subordinate to such authority the names of any persons alleged or
suspected to be touts, and order that Court to hold an inquiry in regard to such persons; and
the subordinate Court shall thereupon hold an inquiry into the conduct of such persons and,
after giving each such person an opportunity of showing cause as provided in sub-section (2),
shall report to the authority which has ordered the inquiry the name of each such person who
has been proved to the satisfaction of the subordinate Court to be a tout; and that authority
may include the name of any such person in the list of touts framed and published by that
authority:
Provided that such authority shall hear any such person who, before his name is so
included, appears before it and desires 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.
229. Sub-section (7) of Section 59, which reads as follow, was omitted by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1978 (Ordinance No. XL of 1978) Section 13, with effect from 12.10.1978:
"(7) No Court shall take cognizance of an offence under sub-section (6) except:--
Legal Practitioners & Bar Councils Act, 1973 43
(a) upon a complaint made in writing by the President of the Bar Association for the place where such offence
has been committed, or any office-bearer or member of such Association authorized by him in this behalf; or
(b) upon a report made in writing by a police officer on a complaint made by a person referred to in clause
(a)".
230. The proviso to sub-section (8) of Section 59, which reads as under, was omitted by the Legal Practitioners and
Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), Section 24, with effect from 15.7.1982:
"Provided that no person accused of such offence shall be arrested unless a complaint, alleging that he has
committed such offence is made by a person referred to in clause (a) of sub-section (7)."
231. Section 59 A, reads as under, inserted on 15.7.82 by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 25, was omitted on 25.8.1987 through the Legal Practitioners
and Bar Councils (Amendment) Act,1987 (Act VIII of I987) Section 18:-
"59A. Bar Council or Bar Association not to indulge in political activity.--A Bar Council or a Bar Association
shall perform such functions as are conferred on it by this Act or the rules made thereunder and shall not indulge
in any political activity, directly or indirectly".
232. Inserted on 15.7.1982, by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance
XVII of 1982), Section 25.
233. The following sub-section (2) earlier inserted with Section 59B on 15.7.1982 [by Ordinance (XVII of 1982),
Section 25], was omitted through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 19, with effect from 25.8.1987:-
"(2) Notwithstanding anything contained in any law or rule, the right of an advocate to practice as such shall not
be dependent upon his being a member of a Bar Association or be affected in any manner by reason only of
his not being, or having ceased to be member, or of his having been removed from the membership, of a Bar
Association".
234. Inserted through Act No. V of 2014 Dated 18-06-2014
44 Legal Practitioners & Bar Councils Act, 1973
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 sixty two years, and for such period as it deems fit.
(2) Where any such arrangement as has been referred to in sub-section (1) has been
made by a Bar Council,--
(a) it shall establish a separate Group Insurance Fund which shall vest in and be
administered by the Bar Council;
(b) every advocate whose life has been insured under such arrangement shall pay
to the Bar Council, annually, monthly, or at such other intervals as may be
prescribed, such sum of money as the premium for the insurance of his life, as
may be determined by the Bar Council;
(c) all sums received as premia under clause (b) and any interest or profit accruing
thereon shall be credited into the Group Insurance Fund of the Bar Council;
(d) all expenses incurred by the Bar Council on the arrangements with an
Insurance Company or other insurer and on the administration of the Group
Insurance Fund shall be defrayed from such Fund; and
(e) any sums remaining in such fund after defraying the expense referred to in
clause (d) may be utilized for such purposes connected with the welfare of
advocates as may be prescribed.
(3) The provisions of sub-section (4) of Section 34 shall apply to the insurance premia
required to be paid under clause (d) of sub-section (2), as if such premia were an annual fee
or instalment of a fee payable under that section.
62. Benevolent Fund.--(1) A Bar Council may establish a fund to be called the
Advocates Benevolent Fund.
(a) if it be the Pakistan Bar Council, every advocate of the Supreme Court 235[borne
on its roll], and if it be a Provincial Bar Council, 236[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;
235. The words "borne on its roll”, were omitted on 2.3.1985 by the Legal Practitioners and Bar Councils
(amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 15. The same words were again inserted
through the Legal Practitioners and Bar Councils, (Amendment) Act, 1987 (Act VIII of 1987) Section 20, with
effect from 25.8.1987.
236. Inserted through Act No. V of 2014 Dated 18-06-2014
Legal Practitioners & Bar Councils Act, 1973 45
(c) the Fund shall be utilized, in such manner as may be prescribed by the Bar
Council for—
(3) The provisions of sub-section (4) of Section 34 shall apply to the contributions
required to be made to the Benevolent Fund under clause (a) of sub-section (2) as if such
contributions were an annual fee or installment of fee payable under that section.
237
[(4) An advocate shall not exercise the rights and privileges under this Act without
making payment of the dues to the Pakistan Bar Council or a Provincial Bar Council 238[and
Islamabad Bar Council] as may be prescribed by the Rules or Bye-laws of such Bar Council.
(5) Every advocate shall be liable to pay contributions to the Benevolent Fund under
this Section and the Rules made thereunder to the Provincial Bar Council concerned
notwithstanding his enrolment as an advocate or advocate-on-record of the Supreme Court of
Pakistan.]
(a) any power 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 provisions
of the said Act, shall always be deemed to have been validly exercised,
performed or undertaken; and
239
[65. Continuance of existing Bar Councils.—Omitted]
239
[66. Dissolution of existing Bar Councils etc.--Omitted]
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
"64. Repeal.--The Legal Practitioners and Bar Councils Act, 1965 (III of 1965), hereinafter referred to as the
said Act, is hereby repealed.
65. Continuance of Existing Bar Councils.--Notwithstanding the repeal of the said Act,--
(a) the Pakistan Bar Council constituted under the said Act shall, until the constitution of the Pakistan Bar
Council under this Act, be deemed to be the Pakistan Bar Council under this Act and shall, save as
otherwise provided in this Act, have the same powers, functions, rights and liabilities as the Pakistan Bar
Council under this Act, and the Chairman, Vice-Chairman, members, Committees and Tribunals of the
said Bar Council shall be deemed to be the Chairman, Vice-Chairman, members, Committees and
Tribunals of the Pakistan Bar Council for the purposes of this Act and the rules made thereunder;
(b) the Provincial Bar Councils constituted under the said Act shall, until the constitution of the Provincial Bar
Councils under this Act, be deemed to be the Provincial Bar Councils for the purposes of this Act, and
shall, save as otherwise provided in this Act, have the same powers, functions, rights and liabilities as
the Provincial Bar Councils constituted under this Act and the Chairman, Vice-Chairman, members,
Committees and Tribunals of each such Bar Council shall be deemed to be the Chairman, Vice-Chairman,
members, Committees and Tribunals of the Provincial Bar Council for the purposes of this Act and the
rules made thereunder;
(c) until new rules under this Act are framed, the rules framed under the said Act shall, so far as applicable
and with the necessary adaptations, remain in force and shall take effect as rules made under this Act.
66. Dissolution of existing Bar Councils etc.--(1) On the constitution of Bar Councils under this Act,--
(a) the Pakistan Bar Council and the Provincial Bar Councils constituted under the said Act shall stand
dissolved;
(b) all properties and assets vesting in the Pakistan Bar Council constituted under the said Act shall vest in
the Pakistan Bar Council constituted under this Act;
(c) all properties and assets vesting in the West Pakistan Bar Council constituted under the said Act shall be
apportioned among and vest in the Bar Councils constituted under this Act for the Provinces of
Baluchistan and Sindh, the North-West Frontier Province and the Province of the Punjab in the same
proportion which the contributions made and fees paid to the West Pakistan Bar Council by persons
borne on the roll of that Bar Councils from the regions which respectively form the said Provinces bear to
the total contributions made and fees paid to the said Bar Councils by all the persons borne on the roll of
the said Bar Council;
(d) all rights, liabilities and obligations of the Pakistan Bar Council constituted under the said Act whether
arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Pakistan Bar
Council constituted under this Act;
(e) all rights, liabilities and obligations of the West Pakistan Bar Council constituted under the said Act, shall be the rights,
liabilities and obligations of the Bar Councils constituted under this Act for the Provinces of Baluchistan and Sindh, the
North-West Frontier Province and the Province of the Punjab in the same proportion as is mentioned in clause (d);
(f) all proceedings pending before the Pakistan Bar Council constituted under the said Act in respect of any disciplinary
matter or otherwise shall stand transferred to the Pakistan Bar Council constituted under this Act;
(g) all proceedings pending before the West Pakistan Bar Council constituted under the said Act in respect of any
disciplinary matter or otherwise shall stand transferred to such one of the Provincial Bar Councils constituted under this
Act as would have had jurisdiction to dispose of the proceedings had they been instituted before it after the coming into
force of this Act;
(h) all proceedings pending before a Tribunal constituted by the Pakistan Bar Council under the said Act shall stand
transferred to such Tribunal constituted by the Pakistan Bar Council under this Act as may be specified by it;
(i) all proceedings pending before a Tribunal constituted by the West Pakistan Bar Council under the said Act shall stand
transferred to such Tribunal constituted under this Act as would have had jurisdiction to dispose of the proceedings had
they been instituted before it after the coming into force of this Act".
Legal Practitioners & Bar Councils Act, 1973 47
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 practicing as such immediately before the commencement
of this Act shall continue to enjoy the same rights as respects practice in any Court or revenue
office or before any authority or person as he enjoyed, and be subject to the disciplinary
jurisdiction of the same authority to which he was subject, immediately before such
commencement, and the provisions of the Legal Practitioners Act, 1879 (Act XVII of 1879), or
other law shall have effect in relation to such persons as if they had not been repealed by the
said Act.
240[(2) Omitted]
SCHEDULE
[See Section 5(2)(b)]
243
[Group of Districts-lV Seats
Name of District:
(1) Chiniot ………………………………………… 01
(2) Faisalabad ………………………………………… 04
(3) Jhang ………………………………………… 01
(3) TobaTek Singh ………………………………………… 01]
244. The word “Islamabad“ and Figure “1“ were Omitted through Act No. V of 2014 Dated 18-06-2014
245. Inserted through Amending Act No XXXV of 2018 dated 01-06-2018
50 Legal Practitioners & Bar Councils Act, 1973
247
ISLAMABAD BAR COUNCIL
Name of District Seats