N.-W.F.P. Legal Practitioners and Bar Councils Rules 1974

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N.-W. F. P. LEGAL PRACTITIONERS AND BAR COUNCILS RULES, 1974

[Gazette of N.-W. F. P., Extraordinary, 3rd February 1975]

No. 1957-N. W. B. C./1974.-In exercise of the powers conferred by section 56 of the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973), the N.-W. F. P. Bar Council is pleased to make the following Rules:-

CHAPTER I-PRELIMINARY

1.1. These Rules may be called the N: W. F. P. Legal Practitioners and Bar Councils Rules, 1974.

1.2. They shall come into force at once.

1.3. In these Rules unless there is anything repugnant in the subject or context:-

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

(b) "Advocate-General" means the Advocate-General of the North-West Frontier Province ;

(c) "Bar Association" means a Bar Association recognised as such by the Bar Council ;

(d) "Bar Council" means the N.-W. F. P. Bar Council;

(e) "Chairman" means Chairman of the N.-W. F. P. Bar Council ;

(f) "Committee" means a Committee constituted by the Bar Council ;

(g) "Form" means form appended to these Rules ;

(h) "Member" means a member of the N: W. F. P. Bar Council elected as such under section 5, or who fills the vacancy of an elected member under section 16 (b) ;

(1) "Rules" means the N: W. F. P. Legal Practitioners and Bar Councils Rules, 1974 ;

(j) "Secretary" means the person appointed as Secretary of the Bar Council and includes any other person to whom all or any of the functions of the Secretary are for the time being entrusted by the Bar Council or the Chairman ;

(k) "Section" means a section of the Act ;

(1) "Voter" means an Advocate whose name for the time being appears on the N.-W. F. P. Provincial Rolls ; and

(m) "Vice-Chairman" means the Vice-Chairman of the Bar Council elected under section 6 of the Act.

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

CHAPTER I1-MEETING

2.1. The first meeting of the Bar Council shall be held within a month of the commencement of the term of the Bar Council.

2.2. Ordinary meetings of the Bar Council may he convened by the Chairman, or in case he is for some reason unable to act, by the Vice-Chairman:

Provided that not more than two months shall elapse between any two meetings of the Bar Council.

2.3. The Chairman and in his absence the Vice-Chairman shall convene a meeting of the Bar Council requisitioned by at least three members within seven days of the requisition but in case of emergency the requisitioned meeting shall be convened within three (3) days. In case the requisitioned meeting is not convened within the prescribed time any one of the requisitionists may convene the requisitioned meetings and all expenses incurred in that behalf shall be borne by the Bar Council.

2.4. Notice required for a meeting of the Bar Council shall be of (ten) days and for a meeting of a Committee of 7 days. The agenda for the meeting shall be served 3 days before the meeting of .the Bar Council and 3 days in the case of meeting of Committee

Provided that in case of emergency notice for a shorter period shall be sufficient.

2.5. Quorum for a meeting of the Bar Council shall be 4 of members of the Bar Council and for a meeting of a Committee shall unless otherwise provided be 2 of the members of the Committee:

Provided that where a meeting of the Bar Council cannot be held for want of quorum it shall stand adjourned to the next day when the quorum of the adjourned meeting shall be 3 of the total number of the Members.

2.6. A meeting of the Bar Council shall be presided over by the Chairman, in his absence by the Vice-Chairman, and in the absence of both by a member voted to the Chair by the Members present. A meeting of a Committee shall be presided over by the Chairman of the Committee, or in his absence, by a Member voted to the Chair by the Members present.

2.7. Business at a meeting shall be transacted in accordance with the Agenda issued;

Provided that any other business may, with the permission of the Chairman of the meeting, be considered

Provided further that if the majority of the members present agree, the matter shall be considered.

2.8. Decisions at any meeting shall be by a majority vote if not unanimous. Voting shall be by show of hands. In the case of equality of votes, the Chairman of the meeting shall be entitled to a second vote.

2.9. Notice shall be served either personally or through registered post or by such other method as the Bar Council may determine.

2.10. All proceedings of a meeting shall be entered in the Minute Book to be maintained by the Secretary and the record of the proceedings shall be prepared under the directions of the Chairman of the meeting and shall be signed by him and shall be put up for confirmation at the next ensuing meeting. All members of the Bar Council or tile Committee, as the case may be, shall be entitled to inspection of the Minute Book at all reasonable times.

2.11. Any matter determined by it resolution of the Bar Council shall not be re-opened within 3 months of' the date of the resolution unless Majority of the total number of members make a requisition in writing to that effect.

CHAPTER III-CHAIRMAN, VICE-CHAIRMAN AND SECRETARY

3.1. The Chairman shall be responsible for ensuring due compliance with the provisions of the Act and the Rules He shall exercise the powers and perform the functions assigned to him by the Act and the Rules.

3.2. The Vice-Chairman shall have the responsibility and powers of the Chairman under these Rules, and shall discharge the functions of the Chairman only in case the Chairman is unable of acting. He shall be ex officio member of every Committee constituted under Rule 4.1, and shall be responsible for co-ordinating the functioning of all Committees.

3.3. There shall be a Secretary of the Bar Council to be appointed by the Bar Council. In case of emergency, the Chairman may nominate any person to discharge the functions of the Secretary till the next meeting of the Bar Council when the matter will be placed before it.

3.4. Subject to the provisions of the Act and the Rules, the Secretary shall, under the supervisory control of the Executive Committee, exercise such powers and such functions as may be entrusted to him by the Bar

Council.

3.5. Notice of the meetings of the Bar Council and of its Committees shall be issued by the Secretary.

CHAPTER IV--COMMITTEES

4.1. Any .committee constituted by the Bar Council under section 10(3) should not comprise of more than 3 members, including the Chairman of the Committee.

4.2. The Bar Council shall constitute the following Committees Law Reform Committee ; :Legal Education Committee ; Rules Committee ; Finance Committee ; Benevolent Fund Committee ; Privileges Committee ; Pakistan Law Journal Committee ; Library Committee and Examination Committees.

4.3. The .Chairman of the every Committee constituted under rule 4(1), shall unless elected by the Bar Council, be elected by the members of the Committee concerned.

4.4. The terms of every Committee shall be the same, as that of the Bar Council itself unless the Bar Council when constituting the Committee provides otherwise or the work assigned to it is concluded.

4.5. Meetings of a Committee may be convened by the Chairman of the Committee and such meeting shall also be called on requisition by two members of the Committee.

4.6. The business of a Committee shall be transacted in a meeting of the Committee;

Provided that where it is expedient to transact business by circulation, they may obtain the views of the members of the Committee by circulation and take a decision accordingly. A decision so taken shall be deemed to have the same force as if taken in a meeting of the Committee in ease the views of the Members are unanimous.

4.7. A Committee shall have power to decide upon its own procedure it matters not covered by the Rules:

4.8. Unless otherwise directed by the Bar Council, every Committee shall submit reports of its proceedings to the Bar Council in the following manner:-

(d) A comprehensive and clear enunciation of the question considered by the Committee shall be get out ;

(b) as far as practicable specific issues should be dealt with separately and arguments for and against each proposal should be set out ;

(c) a detailed statement should be set out of tile date upon which the Committee has, applied its mind and the conclusion arrived at as a result of such consideration and further wherever opinions of Bar Associations or any other person have been elicited the substance of the opinion and the analysis thereof ;

(d) a resolution setting forth the recommendations which the Committee adopts shall be forwarded with the Report ; and

(e) the opinion of the Committee can be dissented from by any Member of the Committee and he may append a note of dissent which shall form part of the Report.

4.9. Every Committee constituted under rule 4 (1), shall present to the Bar Council before the end of every quarter a report of its working for approval.

4.10. The Bar Council may assume to itself the functions and powers of any such Committee that either fails to present a quarterly report or is not, in the opinion of the Bar Council, discharging its functions, whether a new Committee shall be constituted by the Bar Council.

4.11. Subject to the supervision and general control of the Bar Council, the Executive Committee shall, in addition to the functions entursted to it under the Act and the Rules, have the following functions and powers:-

(a) To supervise and deal with all matters regarding administration of the Bar Council ;

(b) To recommend to the Bar Council the qualifications, terms, and conditions of the staff of the Bar Council ;

(c) Subject to the approval of the Bar Council at its next ensuing meeting, to appoint, suspend, remove and dismiss the staff of the Bar Council;

Provided that no appointment or dismissal in relation to a person drawing salary above Rs. 300 per mensem shall be made by the Executive Committee without the prior approval of the Bar Council:

Provided further that in case of emergency by the Chairman of the Executive Committee may exercise these powers ;

(d) To implement the decisions of the Bar Council ;

(e) To receive and in consultation, with the Vice-Chairman and the Member of tote District concerned, deal with the representations and complaints of Advocates and resolutions of the Bar Associations in relation to the Courts and the Executive. The action taken under this clause shall be laid before the Bar Council at its next meeting.

(f) In consultation with the Vice-Chairman and the Member of the District concerned, to mediate disputes between Advocates inter se between the Advocates and the Bar Association or between the Bar Associations inter se.

(g) To constitute sub-committees and to entrust such of its functions thereto as may be necessary ;

(h) To advise the Bar Council in all matters relating to its functions ;

(i) To institute and defend suits and other proceedings on behalf of the Bar Council and for this purpose to appoint Advocates, agents and to authorise any person to sign and verify the pleadings and to appear and act can behalf of the Bar Council:

Provided that the fee payable to the Advocate for such services shall be settled after prior consultation with the Chairman and the Vice-Chairman. The information in regard to this matter will be laid before the Bar Council in its next meeting ; and

(f) To perform such functions as the Bar Council may entrust to it.

CHAPTER V-ENROLMENT OF ADVOCATES

5.1. Any person qualified for admission as an Advocate under section 26 may make an application in Form `A' to the Bar Council if he proposes to practice generally within the jurisdiction of the Bar Council. All such applications shall be placed before an Enrolment Committee.

5.2. The application shall be accompanied by-

(a) satisfactory evidence of the applicant's date of birth ;

(b) satisfactory evidence of qualifications under section 26 ;

(c) two testimonials from persons in good position as to the character and conduct of the applicant ;

(d) an affidavit stating fully, truly, and accurately if any criminal proceedings or proceedings for professional misconduct were instituted against him anywhere and if so with what result ;

(e) a receipt of payment of a fee Rs. 50, or any amount prescribed in this regard ;

(f) an undertaking that he would become a member of a Bar Association within six months after his enrolment ;

(g) list of cases in which he has assisted his senior duly signed by the senior giving the nature of each case ;

(h) an attested copy of passport size photograph ;

(i) an affidavit stating as to what the applicant was doing during the period of gap if there was a considerable gap in-between his academic examinations ;

(J) a character and good conduct certificate from the employer if he had been in service anywhere ;

(k) a certificate of training from the senior in Form `B'.

Explanation-The date of birth recorded in the Matriculation Certificate shall be presumed to be correct unless determined otherwise by the Bar Council.

.5.3. All applications for admission as an Advocate of the High Court shall be accompanied by-

(a) an affidavit in respect of duration of practice in the Courts subordinate to the High Court ;

(b) two certificates from Advocates of the High Court as to his being a fit person to be admitted as an Advocate of the High Court ;

(c) a receipt of the payment of a sum of Rs. 850.00, or any amount prescribed in this regard ; and

(d) an application made by a person dismissed from service shall also be accompanied by a copy of charge-sheet, the statement of charges and reply thereto, if any, by the applicant and the final order.

5.4. Applications for admission under section 27, clause (c), shall be forwarded to the High Court and after approval therefrom shall be dealt with in accordance with the procedure herein provided for enrolment of Advocates.

5.5. The Secretary shall before forwarding the application to the Enrolment Committee ensure that the applicant is qualified and not disqualified in terms of sections 26 and 27 ; and the Enrolment Committee shall, before granting the application, ensure that the applicant has undergone such training and passed such examination as may be prescribed.

5.6. The Enrolment Committee may, before it passes an order granting the application or returning it to the Bar Council, make such summary enquiry as it thinks fit.

5.7. The Enrolment Committee shall dispose of the application within six weeks of the receipt of the application by it.

5.8. Where an Enrolment Committee of Bar Council grants the application, a Certificate of Enrolment shall be issued to the applicant in the prescribed form.

5.9. Where the Enrolment Committee returns an application under section 31 the same shall be considered and disposed of by the Bar Council and its decision shall forthwith be communicated to the applicant.

5.10. The Enrolment Committee may refuse to enroll a person otherwise qualified, on the grounds of his removal from the Roll of Advocates or legal practitioners anywhere, or the pendency of Criminal proceedings or proceedings for professional misconduct against him anywhere or on any other sufficient and reasonable ground.

5.11. The Secretary shall issue a receipt for payment of Annual fee for Renewed Licence in Form `C' to every Advocate paying annual fee and a Certificate in Form `D' to every Advocate permitted to practise before the High Court.

5.12. An Advocate who fails to pay the annual fee or any other fee or contribution provided by the Rules by the 31st of December of the preceding year shall pay a late fee of Rs. 2, per month of delay subject to maximum of Rs. 12, or such amount as may be prescribed in this regard.

5.13. A person who had been enrolled as a Pleader by the High Court before coming into force of the Act irrespective of whether he was no: entitled to appear before a Court at the time when the ,pct came into force shall be entitled to be enrolled as an Advocate on payment of a fee of Rs. 50, out of which Rs. 25, shall be enrolment fee and Rs. 25, annual fee which will enable him to practise till the 31st of December of the year in which he deposits the fee.

5.14. An Advocate may apply that his licence be suspended because he intends to discontinue his practice in order to carry on business or to join some other profession or vocation and he may apply also for the termination of such suspension. An Advocate may apply that his name be altogether removed from the rolls.

5.15. The Enrolment Committee may suspend the licence of an Advocate where it is established after due notice to the Advocate concerned that the Advocate has entered Government employment or any other employment, business, vocation or profession not connected with law.

5.16. All disputes relating to seniority as an Advocate shall be determined by the Enrolment Committee. In cases the contestants are not entered in the Roll in the correct order, amendment in the Roll will be made giving effect to the decision of the Enrolment Committee by pasting correction slips in the Roll.

5.17. All additions, alterations and corrections made in the Roll shall be communicated to the High Court within thirty days of the additions, etc.

CHAPTER VI-DISCIPLINARY PROCEEDINGS

6.1. A complaint against an Advocate shall be filed with five copies and shall contain clearly the charge or charges against such Advocate and shall be accompanied by all documents, or copies of documents that are available to the complainant ; and in case where the complaint is not by a Court or by a public servant acting in his official capacity, shall also be supported by an affidavit as to facts.

6.2. For the purpose of deciding whether the complaint against an Advocate is to be summarily rejected, the complaint shall be placed before the Executive Committee which may unless it rejects it summarily ask the Advocate to reply to the allegations and after enquiry may refer the matter to the appropriate Committee under section 41.

6.3. Where a reference is made to a Committee or Tribunal under section 41, all the relevant documents shall be forwarded alongwith the reference.

6.4. A committee to which a reference is made under section 41 shall complete the proceedings before it within eight weeks of the receipt of the same and submit its report.

6.5. Before the Tribunal, the proceedings against an Advocate shall be, conducted by the Advocate-General, or by an Advocate appearing on his behalf. The complainant shall also be entitled to appear in person, or through Counsel, but the Advocate-General shall have a prior right to conduct the proceedings against the Advocate, subject to any directions by the Tribunal. .

6.6. On receipt of a reference under section 41, the Chairman of the Tribunal shall fix date for the hearing of the case not earlier than twenty-one days and not later than sixty days from such receipt, and a notice of the date fixed shall be served on the Advocate concerned as well as the Advocate-General alongwith copies of the record that has been forwarded to the Tribunal, so as to reach the Advocate as well as Advocate-General not less than fourteen days before the date fixed. Notice of the date shall also be served on the complainant in case the complaint is not by a Court or by a public servant acting in his official capacity. Notice of the date should also be put up on the Notice Board of the Bar Council.

6.7. The Advocate concerned shall be entitled to file a reply to the allegations against him whether or not he has already filed a reply before the Bar Council. He shall deliver such reply alongwith three copies to the Secretary at least seven days before the date of hearing fixed by the Tribunal and the Secretary shall deliver the copies to the Advocate-General and the complainant at least three days before such date of hearing.

6.8. The Tribunal shall determine the matter before it on oral evidence and on documents in accordance with the provisions of the Evidence Act, 1872 and the Tribunal shall follow generally and to the extent practicable the procedure provided for suits in the Code of Civil Procedure, 1908, but the Tribunal shall also have power to call for or permit affidavits and allow documents to be proved by affidavits;

Provided that the pasty affected by an affidavit shall have the right to cross-examine the deponent.

6.9. The Advocate concerned shall be a competent witness on his own behalf, and shall be liable, if he appears as a witness, to be cross-examined, but he shall not be compelled to appear as a witness.

6.10. The Secretary of the Bar Council shall be the ex officio Secretary of the Tribunal and shall be responsible for service of notice issued by the Tribunal and for compliance with the Rules in this Chapter.

CHAPTER VII-BAR ASSOCIATIONS

7.1. Every association of Advocate ordinarily practising at a particular place shall apply to the Bar Council for the recognition of the Bar Association. The application shall be filed by the President or Secretary of the Bar ,Association;

Provided that no application shall be entertained in respect to a place where there is already existing a recognized Bar Association.

7.2. The application shall be accompanied by a copy of the constitution of the Bar Association, alongwith a resolution of the Bar Association seeking recognition;

Provided that no Bar Association shall be recognized unless it is functioning at a place where there is a regular civil, revenue or criminal Court.

7.3. The application shall be laid before the Executive Committee which may after considering the same, require amendments to be made in the constitution of the Bar Association, prior to further consideration of the application, or may refuse to recognise a Bar Association. Such decisions shall not take effect unless approved by the Bar Council.

7.4. The Bar Council shall decide the application for recognition of a Bar Association within three months of the submission of the application and in case it fails to decide within this period the members of that Bar Association will be regarded as members of a recognized Bar Association till the question of recognition of such Bar Association is decided by the Bar Council.

7.5. Where there is an existing recognized Bar Association on the date of coming into force of these rules, no further application from such place for recognition shall be entertained, but this shall not prevent the recognition of a High Court Bar Association at a place where there is a functioning Bench of the High Court.

7.6. Where there are more applications than one for recognition from the same place, the Executive Committee shall decide which applicant Bar Association shall be recognized.

7.7. Every recognized Bar Association shall within four weeks of making any amendment in its constitution, forward a copy of the same to the Bar Council.

7.8. Any member of a Bar Association aggrieved by an act or omission of the Bar Association may within one month of such act or omission appeal to the Bar Council where such act or omission violates the constitution of the Bar Association.

7.9. Every recognized Bar Association must furnish to the Bar Council by 31st December of every year a list of its members entitled to practise as Advocates and as Advocates of the High Court alongwith the dates of their enrolment. A list of office-bearers shall be furnished within a month of the Annual election.

7.10. No person shall practise as an Advocate unless he is a member of a recognized Bar Association.

7.11. Where it is reported by a Bar Association that any Advocate has ceased to be its member, the name of such Advocate may, after notice to the Advocate, be struck off the Roll unless he establishes that he continues to be a member of any other recognized Bar Association.

7.12. It will be sufficient compliance with the requirements of Rule 7(10) if within six months of being enrolled as an Advocate a person applies for being admitted as a member of such Bar Association and his application has not been dismissed.

7.13. The applicant shall, within six months of his enrolment as an Advocate, inform the Bar Council of the date of his application for admission as a member of such Bar Association anti shall forward a copy of the receipt of such application duly signed by the Secretary of such Bar Association. The licence of the Advocate who has not, without reasonable excuse, so intimated the Bar Council shall stand automatically suspended;

Provided that it shall be restored on his showing reasonable cause for the failure.

7.14. Every Advocate whose application for admission as a member of a Bar Association has been dismissed by the Bar Association shall have a right of appeal to the Bar Council. The appeal shall be filed within two months of the communication to him of the order appealed against. The appellate authority may, for sufficient cause, condone the delay in the filing of the appeal, if any.

7.15. No removal of any Advocate from the membership of a Bar Association shall be recognised by the Bar Council unless it is authorised by the constitution of the Bar Association, or for non-payment of the dues of the Bar Association, or for misappropriation of the funds or the property of the Bar Association or for gross misconduct.

7.16. In case the name of an Advocate is removed from the roll of members of a Bar Association he shall have like remedies as he would have if his application for admission as a member of a Bar Association was dismissed and the appellate Authority shall have similar powers.

CHAPTER VIII-FIRMS OF LAWYERS

8.1. Advocates desirous of forming a firm of lawyers or to associate with a firm of lawyers, for the purpose of the practice of law in the jurisdiction of the Bar Council shall apply to the Bar Council for the registration of the firm or of their association.

8.2. Alongwith the application for registration shall be forwarded a copy of the partnership deed and the following information :-

(a) name of firm ;

(b) place of office or offices of the firm ;

(c) the names of the partners with their dates of births, academic qualifications and standing at the Bar;

(d) the shares of the partners ; and (e) the contribution to be made by each partner.

8.3. The application shall be placed before the Bar Council which may call for such further information as it may think necessary.

8.4. Advocates already associated together for the purpose of practising law, shall within three months of the promulgation of these rules, apply for the registration of their firms and the provision herein contained shall apply nuatis mutandis to such application.

8.5. All applications for registration of the firm shall be taken up for consideration within two months of their-presentation and shall be disposed (r)f within four months and in case of a firm existing on the date of promulgation of these Rules such firm may continue its business till the disposal of the application.

8.6. The Bar Council may at any time call for such information as it may consider necessary from a registered firm and may also for sufficient cause to be recorded in writing, after due notice to the firm, impose any condition on the firm or suspend the registration of any firm. On suspension of registration, the Advocates constituting such firm shall cease to practice as partners in the area within the jurisdiction of the Bar Council from such date as may be specified in the order.

8.7. Any firm of lawyers not registered under the Act and the rules framed thereunder in any other Province of Pakistan shall, where it is desirous of commencing or continuing the practice of law within the jurisdiction of the Bar Council, apply or registration to the Bar Council and the provisions herein contained shall, apply mutatis mutandis to such application.

CHAPTER IX-TRAVELING AND DEARNESS ALLOWANCE

9.1. A member shall be eligible to be reimbursed first class train fare if he travels by train, Rs. 1 per mile if he travels by private car and actual expenses if he travels by any other means of conveyance, for a meeting of the Bar Council or of a Committee of which he is a member.

9.2. A member shall be entitled to an allowance of Rs. 50.00 per day for the day of a meeting of the Bar Council or of a Committee of the Bar Council;

Provided that a member shall be entitled to allowance for an additional day if he arrives a day earlier or leaves a day later.

CHAPTER X-FINANCE

10.1. Subject to the control and direction of the Bar Council the Chairman shall be responsible for realising all the moneys due to the Bar Council and for the management, administration and utilization of the funds of the Council.

10.2. The Chairman shall after consulting the Finance Committee cause to be prepared and submitted for approval to the Bar Council by the 1st of March every year a budget statement of expected receipts and expenditure for the coming financial year.

10.3. The Secretary shall be the disbursing authority but no payment shall be made out of the funds of the Council, except under order of the Chairman ;

Provided that no payment shall be ordered unless it is authorised under Rules 10 (5) to 10 (7)

Provided further that notwithstanding the above, the Chairman may sanction expenditure up to Rs. 500.

10.4. The moneys credited to the funds of the Bar Council shall be kept in such bank or banks and the account shall be operated by such person as the Bar Council may specify.

10.5. The Bar Council may invest any portion of the funds of the Bar Council in such manner as it may think proper.

10.6. The Bar Council may constitute a separate fund for any special purpose, which shall be administered and regulated in such manner as the Bar Council may specify.

10.7. The moneys from time to time credited to the fund of the Bar Council shall be applied in the following order;-

(a) the payment to the Pakistan Bar Council of twenty per cent. of the total sum received by it during the financial year as enrolment fee and fees for permission to practise before the High Court ;

(b) in the payment of salaries and allowances to the staff of the Council ;

(c) in the fulfilment of any obligation and in the discharge of any duty imposed on the Bar Council under the Act and the Rules ; and

(d) in meeting the expenditure declared by the Council to be an approprivate charge on the fund.

10.8. A Cash Book shall be maintained by the Bar Council as in Form `E'.

10.9. The receipt of all cash and cheques received for credit to the fund of the Bar Council shall be entered on the receipt side of the Cash Book as soon as the receipt is issued.

10.10. The disbursement of all moneys from the fund of the Bar Council shall be entered on the expenditure side of the Cash Book as soon as the disbursement is made.

10.11. At the end of each day, the totals of the amounts received and spent during the day shall be worked out and the balance struck.

10.12. The amount remitted to the bank each day shall be shown in the appropriate column of the Cash Book indicating the number and date of the deposit voucher with which the amount is thus remitted.

  1. All entries in the Cash Book shall be checked by the Secretary item by item with reference to the receipts and vouchers and attested in token of check. The Cash Book shall be signed by the Secretary daily.

10.14. At the end of each month the balance shall be struck and the closing balance verified with reference to the Bank Pass-Book.

10.16. (sic) At the end of each quarter a Quarterly Statement of Account giving full details of income and expenditure shall be complied and laid before the Bar Council.

10.17. At the end of each financial year, an Annual Account in Form `F' shall be complied.

10.18. The Annual Account so complied shall be audited by a Chartered Accountant within the meaning of the Chartered Accountants Ordinance, 1961, appointed by Bar Council.

10.19. The Auditor appointed under Rule 10.18 shall examine the Annual Account together with the receipts and vouchers relating thereto, and shall at all reasonable times have access to the Books, accounts and other documents of the Bar Council and may in relation to such accounts examine any officer or employee of the Bar Council.

10.20. The Auditor shall report to the Bar Council upon the Annual Account and in his report he shall state whether in his opinion the Annual Account is a full and fair account containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the finance of the Bar Council.

10.21. The Chairman shall furnish to each member at least fifteen days before the date of the meeting of the Council called in the beginning of the financial year, a copy of the audited Annual Account.

CHAPTER XI-MISCELLANEOUS

11.1. A Member shall vacate his seat if he-

(a) resigns his seat by delivery of his resignation to the Secretary and the resignation shall be effective from the time it is so delivered, or

(b)? removed from the rolls, maintained by the Bar Council and the Pakistan Bar Council.

11.2. A Member who is suspended as an Advocate shall not act as a member during the period of his suspension but shall vacate his seat only if his suspension is for a year or more or covers the whole of his remaining term as a member.

11.3. Registers shall be maintained with respect to the disciplinary proceedings and all the records of the disciplinary proceedings shall be preserved till they are ordered to be destroyed by the Bar Council.

11.4. All parties to proceedings shall be entitled on payment of the prescribed fee to certified copies of all proceedings before the Bar Council, or the Tribunal, or any Committee of the Bar Council. Any other person interested may subject to the orders of the Chairman or of the Bar Council be supplied with a certified copy of any such proceedings as is mentioned above. The same fee shall be charged for the certified copies as are charged by the High Court.

11.5. All applications filed in the disciplinary proceedings by any party shall be accompanied by a payment of Rs. 5, except in case of an application filed by the Advocate-General or any Advocate appearing on his behalf.

11.6. An Advocate appearing before the Bar Council or before any Tribunal or Committee of the Bar Council except the Advocate-General or an Advocate appearing on his behalf, shall file a Power of Attorney alongwith a deposit of Rs. 5.

11.7. Parties to proceedings shall be entitled to inspection of the record on payment of Rs. 5, per day or part thereof.

11.8. An Advocate is entitled to a duplicate copy of his Enrolment Certificate on filing an application to the Secretary of the Bar Council and upon payment of a fee of Rs. 10.

11.9. All moneys required to be paid under these Rules shall be paid into the accounts of the Bar Council or to a person authorised in this behalf by the Bar Council and the receipt for the money paid shall be attached to the proceedings in respect of which the payment is made.

11.10. The Legal Practitioners and Bar Councils Rules, 1969 in so far as they relate to the functions of the N.-W. F. P. Bar Council are hereby repealed.

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