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PUNJAB LOCAL COUNCILS (LEGAL ADVISORS) RULE, 1987

20th July ,1987.

 

 

No.sov/2-8/85,dated: 20th July, 1987. In exercise of the powers conferred on him by section47 read with section 167 of the Punjab Local Government ordinance, 1979 (Vi of 1979) and in suppression of the west Pakistan Municipal Committee (Legal Advisors)Rules,1964 and the west Pakistan Local Councils (Legal Advisors) Rules, 1965 the Governor of the Punjab is pleased to make the following rules namely:-

 

1.         short title and commencement.

(1)        These rules may be called Punjab Local Councils(Legal Advisors)Rules,1987.

(2)        They shall come into force at once.

 

2.         Definition. In these rules unless the subject or contex other wise requires.

(a)                Advocate means an advocate as defined in the legal practitioners and Bar Councils Act,1973;and

(b)               Government means the Government of the Punjab in the law parliamentary affairs Department.

 

3.         Bar against appointment. No Local Council shall appoint a legal Advisor or engage an Advocate save in accordance with these rules.

 

4.         Qualifcations. A legal Advisor shall be an Advocate who has been practising as such for not less than five years immediately before the last date fixed for the receipt of application for appointment as a legal Advisor.

 

5. Tenure .A legal Advisor shall initially be appointed for two years:

provided that the same person may against be appointed as a legal Advisor in accordance with these Rules.

 

6.         Remuneration.

(1)        Subject to the other provisions of this rules, a legal Advisor shall be paid such remuneration as may be fixed by the Government.

(2)        The remuneration shall be fixed as monthly retainership fee or salary and shall not be on case to case basis:

provided that if the circumstances of a Local Council so warrant the Government may allow engagement of Legal Advisor on case basis.

(3)        The remuneration initially fixed shall not be varied during the tenure of a legal Advisor.

 

7.         Procedure for appointment .

(1)        A local Council desirous of engaging a legal Advisor on regular basis hall application through an advertisement in at least one daily newspaper indicating the requisite qualifications, experience and standing of the Advisor and the maximum remuneration offered:

provided that it would be clearly indicated in the Advertisement that a legal Advisor may be appointed at a remuneration which may be less than the remuneration offered:

provided further that where the remuneration to be paid does not exceed one thousand rupees, the advertisement may be dispersed with.

(2)        The candidates shall be advisor to address their applications to the Local Council concerned and also forward a copy of the application alongwith annexures to the Government.

(3)        The Local Council concerned shall scrutinize the applications and prepare a list of the candidates who fulfil the requisite qualifications.

(4)        The recommendation of the Local Councils shall be fowarded to the Government.

(5)        The recommendations received from the Local Council concerned shall be considered by a selection Committee comprising:

(i)                  The law minister (Chairman).

(ii)                The secretary ,Government of the Punjab ,Law & parliamentary Affairs Department ,(Member):

(iii)               A representative of the Local Government & Rural Development who shall be an officer not below the rank of BPS-18,(Member);

Provided that the Government may at any time alter the constitution of the committee of increase or decrease the number of its members:

Provided  further that the Committee may consider those application also who have not been recommended be the Local Council.

(6)        The committee shall recommend the name of the Advisor those application to be appointed as a legal Advisor and the remuneration to be paid to him.

(7)        The Advocate recommended by the committee shall be appointed by Local Council concerned on the terms and conditions approved by the Government. 

 

8.         Number of Legal Advisors.

(1)        Except with the prior approval of the Government a Local Council shall not have more than legal Advisor.

(2)        Where a Local Council has more than one legal Advisor  one of them shall be designated ,with the approval of the Government as the senior Legal Advisor and the others shall work under his instruction.

(3)        If the circumstances of a Local Council so require ,it may with the prior approval of the Government have separate legal advisors for High court and supreme court cases.

 

9.         Vacation of office.

(1)        The office of a legal Advisor shall automatically stand vacated on the expiry of the term for which he had been appointed.

(2)        Notwithstanding anything contained in sub-rule(1)the service of a legal Advisor may at any time ,be dispensed with by the Local Council concerned with the prior approval of the Government on service of one month’s notice or payment of remuneration for the said period and a legal Advisor may give up his appointment like-wise.

 

10.       Transitional.Where a vacancy of a legal Advisor occurs on the expiry of his tenure of otherwise, he may ,subject to the approval of the Government a legal Advisor may be appointed pending appointment of a legal Advisor through the procedure herein contained for such period and on such term as may be approved by the Government:

 

11.       Engagement of Advocates.

(1)        ordinarily, all cases of a Local Council shall be dealt with by a legal Advisor.

(2)        If a Local Council does not have adequate number of court cases justifying the appointment of a legal Advisor on regular basis ,or if any cases importance requires the engagement of a special Advocate it may engage advocates on case to case basis with the prior approval of Government and on such terms and fees as may be fixed by Government.

 

12.       Duties. It shall be the duty of a Legal Advisor or an Advocate engaged by a Local Council to tender Legal Advice to and to appear in Legal Proceedings on behalf of the Local Council which has appointed or engaged him as the case may be.    

 

13.       Submission of Quarterly Statements. A Local Council shall forward to the Government after every quarter of a year a statement showing the progress of the cases dealt with by its legal Advisor or Advocates engaged by it.

 

14.       Relaxation.

(1)        The Government may in any case relax the provisions of these rules.

(2)        An order passed by the Government in exercise of its power under sub-rule(1) shall be complied with by the Local Council concerned.

(3)        Government may issue such instruction or directions generally or to a Local Council in matters relating ti the appointment functions and duties of Legal Advisor or in connection therewith a it may deem proper and the instruction direction shall be complied with by the Local Council generally or to Local Council concerned as the case my be.

 

15.       Savings. Nothing in these rules shall apply to the appointment of a civil servant as a Legal Advisor to the Punjab Civil servants Rules for the time being in force.

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