CHAPTER VIII EXAMINATION ADMISSION AS ADVOCATE SUBORDINATE COURTS 37. (a) Every Applicant applying for admission as an Advocate shall have to pass a written examination in addition to Viva-Voce Examination, held quarterly under the directions and supervision of the Legal Education Committee of the Council pertaining to the following subjects with upto date amendments:- i) Civil Procedure Code 1908. ii) Criminal Procedure Code 1898/ Pakistan Penal Code 1860. iii) Qanoon-e-Shahadat 1984. iv) Limitation Act 1908. v) Constitution of Islamic Republic of Pakistan 1973. vi) Legal Practitioners and Bar Councils Act, 1973 and Rules 2002. (b) Every Applicant applying for admission as an Advocate shall have to pass a written examination before his Viva-Voce Examination. The Applicant shall have to pass written examination in maximum four attempts spread over a maximum period of two and a half years. (c) If the Applicant fails to pass the written examination within the period stipulated hereinabove, he shall not be entitled to appear in any examination and he shall not be entitled to be enrolled as an Advocate. (d) On such failure of the Applicant as stated herein above, the Bar Council shall inform all other Bar Councils of the Country within a week of such result about the particulars and result of the Applicant and such an Applicant shall not be entitle to appear in any examination in any other Council. (e) The Legal Education Committee shall be responsible for holding written examination, appoint Examiners for evaluating the answer book and compiling the result. Provided that the result of the written examination shall be declared within a period of fortnight and the result will be intimated to the Applicant / Candidate through Registered Post at the given address and affix on the notice Board of the Council. (f) The written examination shall initially be held at Karachi and at such other centres as may be notified by the Legal Education Committee. 38 Examination Fee Every Applicant for written examination shall have to deposit Rs. 1000/- as fees for written examination at the time of submission of his/her intimation form.. This amount will be deposited in the account of the Sindh Bar Council. In case of failure of the Applicant in the written examination in the first attempt, the Applicant will be entitled to appear in subsequent written examination as stipulated in rule 37 hereinabove and for all subsequent attempts he will have to deposit Rs. 500/= for each subsequent attempts. 39. The mode, method and conduct of the written examination will be such as may be decided by the Legal Education Committee. 40. Viva-voice Examination After passing the written examination every applicant shall have to pass a Viva-voce examination, which shall be held by the Examination Committee under the directions and Supervision of the Enrolment Committee in the Following subjects with upto date amendments:- i) Civil Procedure Code 1908 ii) Criminal Procedure Code 1898 / Pakistan Penal Code 1860. iii) Qanoon-e-Shahadat 1984. iv) Limitation Act 1908. v) Constitution of Islamic Republic of Pakistan 1973. vi) Legal Practitioners and Bar Councils Act, 1973 and Rules 2002. vii) Relevant Laws involved in the list of cases submitted by the Applicant. 41. The Enrolment Committee may exempt the following persons from training and examination provided in Rules 34 and 37 Supra. (a) Applicants who have received LL.M. Degree from any University in Pakistan or a University recognised under Section 26(i) (c) (iii) of the Act or a Degree or Diploma which is declared by the Pakistan Bar Council to be equivalent to that degree. (b) Applicants who have for atleast five years held a Judicial Office in Pakistan or who have for a like period held a post in the service of Pakistan, the duties whereof entail interpretation or drafting of Law. (c) Applicants who after having been called to the Bar in England have completed a full one year training with a Senior Council in England which training thereafter entitles them to appear independently in Courts in England. (d) Applicants who after having been enrolled as practising lawyers in any place within Pakistan or outside Pakistan have (to the satisfaction of the Enrolment Committee of the Bar Council) practiced there for full one year. (e) An application for exemption from training under this Rule shall be accompanied with a payment slip of Rs. 5000/- deposited in favour of Sindh Bar Council towards exemption fee. Explanation Explanation: Person employed as Director, Dy. Director, Assistant Director (Legal) in Agricultural Development Bank of Pakistan and a Senior Law Officer in the Law Division of any Bank either private or nationalized, or any such post in Government or Semi Government or Organization shall not be treated at par with the term “Judicial Officer in Pakistan” or in “Service of Pakistan”. 42. All Applications for admission as an Advocate of the High Court shall be in form “C” appended to these Rules and shall be accompanied by :- (a) A duly attested Affidavit on Stamp Paper stating interalia the following facts :- (i) That the Applicant fulfils the requirement of Section 27 of the Act with details in respect thereof. (ii) That no Criminal Proceedings or Professional Misconduct Proceeding was ever instituted or is pending adjudication against the Applicant in or outside Pakistan: and (iii) That during the tenure of practice the Applicant was not engaged in any business, profession, vocation or service and he has remained active in profession throughout. (b) Two Certificates from Advocates, whose names appear on the Roll of the Bar Council, having not less than ten years standing, as to his being a fit person to be admitted as an Advocate of the High Court. The Certificates must provide the date of enrolment and the Registration Number of the Identity Card, issued by the Bar Council in favour of the Advocate issuing such Certificate. No Advocate shall issue such Certificate if he is in arrears of dues of the Bar Council. (c ) A receipt of the payment of Rs. 2500/- or any amount prescribed in this behalf paid in favour of Sindh Bar Council ; (d) A receipt of the payment of Rs. 1000/- or any amount prescribed in this behalf, paid in favour of Pakistan Bar Council on their prescribed form. (e) A “Dues Clearance Certificate” from recognized Bar Association of which he is a Member. (f) A list of at least ten cases with complete details conducted by the Applicant during the tenure of his practice before the Subordinate Courts supported by certified copies of Vakalatnamas of these ten cases (g) A receipt of payment of Rs. 200/- (Rupees Two Hundred ) or any amount prescribed in this behalf paid in favour of Sindh Bar Council towards Enrolment Certificate Fee. (h) All such Applications for admission as an Advocate of the High Court shall be granted only for a term of five years from the date of such grant. After the expiry of initial period of 5 years, every Advocate of the High Court shall apply for renewal of his license for another 5-years by paying a renewal fee of Rs.500/-. Every such application for renewal shall be supported by an affidavit, stating that he was continuously practicing as an Advocate of the High Court and a Certificate from the President of the High Court or District Bar Association or Member of the Bar Council that he knows the Advocate and that he was practicing as an Advocate during the last 5 years regularly. Every such Advocate shall be a contributory to the Benevolent fund. ( i ) All those Advocates who have been enrolled as an Advocate of the High Court shall apply for renewal of their “Identity Card” after every five years from the date of their enrolment as an Advocate of the High Court and such application for renewal of “Identity Card” shall be supported by an Affidavit to the effect that such Applicant has been regularly practicing in the High Court coupled with a Certificate to the same effect issued by the President of the concerning High Court Bar Association or District Bar Association or the Member of Bar Council alongwith Renewal Fee of Rs: 500/- . 43. Reference to the High court The Enrolment Committee shall forward an Application for admission under Section 27 clause (c ) to the High Court and after approval therefrom shall be dealt with in accordance with the procedure herein provided for the enrolment. The application for exemption under theses Rules shall be accompanied by a payment slip of Rs. 10000/- deposited in favour of Sindh Bar Council towards exemption fee. 44. Scrutiny of the Application (a) The Secretary shall in case of Application pertaining to the enrolment of Subordinate Courts, ensure that the Applicant is qualified in terms of Section 26 of the Act and the Rules made there-under and shall forward the Application to the Enrolment Committee within 15 days from the date of passing the Viva-Voce Examination by the Applicant; (b) An Applicant may, prior to his enrolment apply for withdrawal of his enrolment application and such application shall be placed before the Chairman Executive Committee for orders. In case of withdrawal the enrolment fee shall not be refunded but the applicant will be entitled to the refund of the amount paid towards the Benevolent Fund. 45. Summary Inquiry The Enrolment Committee may, before it passes an order granting the application or returning it to the Bar Council, make such summary inquiry as it thinks fit. 46. Disposal by the Enrolment Committee (a) The Enrolment Committee shall, before granting the application ensure that the Applicant has undergone such training and passed such examination as prescribed, he has duly complied with the provisions of the Act and the Rules made there under and in case of the enrolment of High Court, he is a fit person to be admitted as such; (b) The Enrolment Committee shall decide the Application within four weeks of the receipt thereof. Certificate of Enrolment will be issued within one week on Form “E” and “F” as prescribed by the Pakistan Bar Council. The Certificate will be signed by the Secretary and the Chairman / Vice Chairman of the Bar Council.. (c) The Enrolment Committee may refuse to enrol a person otherwise qualified, on the grounds of his removal from the Roll of Advocates of any Bar Council or the pendency of Criminal proceeding or proceedings for professional misconduct against him in Pakistan or on any other sufficient and reasonable grounds. 47. Renewal Licences issued in form ‘E’ to practice before the Subordinate Courts shall be valid upto 31st December of the year in which it was issued and should be renewed every year by or before expiry of that year. 48. Disposal by the Bar Council Where the Enrolment Committee returns an application under Section 31 of the Act, the same shall be considered and disposed of by the Bar Council in its next Meeting and its decision shall be communicated to the Applicant immediately. 48-A An Advocate duly enrolled by any other Provincial Bar Council, may apply for being placed on the Roll of Sindh Bar Council on transfer basis, subject to the payment of Rs. 2000/- as fee and the Benevolent Fund contribution in terms of rule 2.2. of the Benevolent Fund Rules and furnishing of No-Objection Certificate from the concerned Provincial Bar Council, and an endorsement shall be made against his name in the Roll of Sindh Bar Council showing the name of the Bar Council where he was originally enrolled. In order to constitute his enrolment file, the Applicant shall submit his application on Form “A” as well as Educational Certificates and Degrees together with any other required relevant Documents. 48-B Such application shall be placed before the Enrolment Committee for necessary orders and if granted, date of enrolment shall be the same as mentioned in the Enrolment Certificate issued by the concerned Bar Council in terms of Section 31 of the Act. 48-C An application for issuance of “No Objection Certificate” from Sindh Bar Council to any other Provincial Bar Council shall be accompanied with a payment slip of Rs. 200/- (Rupees Two Hundred) or any amount prescribed in this behalf to be deposited in favour of Sindh Bar Council towards “No Objection Certificate” fee. 49 Advocate desiring to discontinue An Advocate may apply for the suspension of his Licence, if he is desirious to dis-continue his practice in order to start a business or to join any service or some other profession or vocation and his name be altogether removed from the Rolls. Such application, if no dues are outstanding against the applicant, shall be placed before the Vice-Chairman of Bar Council or Chairman of Executive Committee for necessary Orders. If an Advocate fails to apply for suspension of his licence and has joined service or some other profession, the operation of the licence shall be deemed to have been suspended from the date he joined service or some- other profession. 50 Resumption of practice (a) An advocate whose licence was suspended under Rule 49 may apply for termination of suspension or to resume legal practice. The Applicant shall submit an Affidavit in support of his Application stating therein as to what he was doing during the period his licence was suspended along with service certificate or any other document giving the proof of closing of his business or other professional /vocational engagements. The application will be placed before the Enrolment Committee for necessary orders. The Enrolment Committee may refuse permission to resume practice to person, otherwise qualified, on the grounds of a bar provided in Sub-Section 2 of Section 26 of the Act or of his being removed from the Roll of Advocates by any Provincial Bar Council in or outside Pakistan or the pendency of a Criminal proceeding for offences involving moral turpitude or proceeding of Professional Misconduct pending against him in or outside Pakistan or on any other sufficient and reasonable ground. (b) Application under Rule 50 shall be accompanied with a Receipt for the payment of Rs. 1000/- (Rupees One Thousand) in the case of Lower Courts Advocate and Rs. 2000/- (Rupees Two Thousand) in the case of Advocates of High Court or any amount so prescribed in this behalf to be paid in favour of Sindh Bar Council as resumption fee. 51. Receipts The Secretary shall issue a Renewal Receipt in form ‘C’ appended to these Rules, to every Advocate paying the Annual Fee of Rs. 200/- (Rupees Two hundred) or any other amount prescribed by the Pakistan Bar Council in this behalf. Payment slip of the amount alongwith a Clearance Certificate from the Bar Association of which he is a Member under a covering letter must be submitted to the Bar Council for renewal of the licence. 52. Late fee An Advocate who fails to pay the Annual fee by the prescribed date, he shall be liable to pay a further fee maximum of Rs. 60/- or any amount prescribed by the Pakistan Bar Council in this behalf.. 53. Condonation of delay An application for condonation of delay together with the receipt of the dues and the late fee thereon may be made to the Bar Council accompanied with certified copy of Order / Judgment of at least five cases in which has appeared. The Vice Chairman of the Bar Council or Chairman of Executive Committee shall decide the said application. 54. Striking off the name The Chairman of the Executive Committee will be competent to strike off the name of an Advocate in exercise of the powers under proviso to Sub-Section 4 of Section 34 and an Appeal against his order will lie to the Bar Council. The name of the Advocate so struck off from the Roll shall be intimated to the District Bar Association and the District Judge concerned who will ensure that no such person is allowed to practice legal profession within their District. 55 Restoration of name to the Roll The Chairman of the Executive Committee will be competent to order the restoration of the name of an Advocate whose name has been struck off from the Roll under Section 34 of the Act. On payment of such dues with late fee thereon along with the penalty equivalent to the total amount of both accompanied with certified copy of Order / Judgment of at least five cases in which Advocate has lastly appeared. In case the Application is rejected by the Chairman Executive Committee the matter will be placed before the Enrolment Committee for final decision. 56 Membership of Bar Association (a) No person shall practice as an Advocate unless he is a Member of such a Bar Association of the place at which he generally practices, has been recognised under the Rules framed by the Bar Council. (b) It will be sufficient compliance with the requirement of the preceding clause if within one month of being enrolled as an Advocate a person applies for being admitted as a Member of a Bar Association in the District in which he intends to practice generally and his application has not been dismissed. (c) The “Certificate of Enrolment” of a person who has not applied for being admitted as Member of a Bar Association within one month of his enrolment as provided above shall stand automatically suspended. (d) Every Advocate whose Application for being admitted as a Member of a Bar Association has been dismissed by the Bar Association shall have a right to to file an Appeal to the Bar Council with a further right of Appeal to the Pakistan Bar Council. The Appeal shall be filed within two months from the date of communication to him of the Order appealed against. The Appellate Authority may suspend the Order under Appeal and may for sufficient cause condone the delay, if any, in the filing of the Appeal. (e) 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 had in case if his Application for admission as Member of a Bar Association was dismissed and the Appellate Authorities shall have similar powers to entertain Appeal . 57. Dispute Regarding Seniority All disputes relating to Seniority as an Advocate shall be determined by the Enrolment Committee. In case 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 or otherwise. 58. All additions, alternations and corrections made in the Roll shall be communicated to the High Court within thirty days of such variation. 59 Issuance of Identity Cards (i) The Sindh Bar Council shall issue Identity Card to every Advocate containing full particular laid down in the columns of the prescribed Performa of the Bar Council. No Identity Card shall be issued to any Advocate unless he/she has cleared all his/her dues of the Council (ii) The Council shall allot a Registration Number to every Advocate whose name appears on the Roll of Advocates. (iii) The Registration number allotted by the Bar Council to each Advocate shall be deemed and treated as one and the same for Benevolent Fund also in terms of class (ii) hereof. (iv) It shall be obligatory for every practising Advocate throughout the Province of Sindh to obtain the Identity Card from the Sindh Bar Council within 60 days from the date of his Enrolment/her or on any subsequent date as may be allowed by the Council on payment of Rs:100. Late fee (v) If an Advocate fails to obtain Identity Card as provided in Rule 59 within the prescribed period he/she shall be liable to pay Rs. 50/- (Rupees Fifty) as late fee. Provided that, if an Advocate fails to obtain his/her Identity Card within the prescribed/extended time his/her name shall be struck off from the Roll of Advocates after giving a Show Cause Notice under Section 34 of the Act and after providing a reasonable opportunity of being heard. (vi) It shall be mandatory for every Advocate to quote/print his/her Registration Number, so allotted, on his/her “Letter Head” as well as on his/her “Vakalatnama” and failure to do so shall amount to professional misconduct . (vii) It shall be mandatory for every Advocate to produce his/ her Identity Card in all the Bar elections while exercising his/her right of franchise.
Posted on: Sun, 28 Jul 2013 15:03:09 +0000