Legal Practitioners and Bar Councils (Amendment) Ordinance, 2004
ORDINANCE NO. III OF 2004
AN
ORDINANCE
Further to amend the Legal Practitioners and Bar Councils Act, 1973
WHEREAS it is expedient further to amend the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), for the purposes hereinafter appearing;
AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the power conferred by clause (1) of article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:
1. Short title extent and commencement etc.-(1) This Ordinance may be called the Legal Practitioners and Bar Councils (Amendment) Ordinance, 2004.
(2) It shall come into force at once.
(3) The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law or rules for the time being in force.
2. Amendment of section 2, Act XXXV of 1973.-In the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), hereinafter referred to as the said Act, in section 2,
(1) clause (cc) shall be omitted;
(2) for clause (e), the following shall be substituted, namely:
(3) after clause (k), the following new clauses shall be inserted, namely:
“(e) “legal practitioner” means an advocate;”; “(kk) “roll of group of districts” means a roll of advocates of a High Court or, as the case may be, a roll of advocates practicing in a former revenue Division as existed on the 31st December 1999, prepared and maintained by a Provincial Bar Council under this Act;
(kkk) “Schedule” means Schedule to this Act;”; and
(4) in clause (n), for the full stop at the end the semi-colon shall be substituted and thereafter the following new clause shall be added, namely:
“(o) “voter” means–
(i) in relation to election to a Provisional Bar Council, an advocate whose name for the time being appears on the roll of group of districts and to whom an identity card has been issued by a Provincial Bar Council and who is not in arrears of dues of the Provincial Bar Council for a period exceeding six months; and
(ii) in relation to election to the Pakistan Bar Council, a member of a Provincial Bar Council.”.
3. Amendment of section 5, Act XXXV of 1973.–In the said Act, in section 5,–
(i) for sub-section (2), the following shall be substituted, namely:–
“(2) The number of members to be elected to following Provincial Bar Councils shall be as hereinafter provided, namely:–
(a) Punjab Bar Council……………………..75
Sindh Bar Council………………………32
N.W.F.P. Bar Council…………………..28 Balochistan Bar Council………………..08;
(b) the district-wise allocation of seats referred to in clause (a) for respective Provincial Bar Councils shall be in accordance with the Schedule; and
(c) no seat of a Provincial Bar Council shall be increased in future on the basis of increase in number of advocates of respective Provincial Bar Council and seat allocated to a new district will be drawn from the district out of which it is carved out.”;
(ii) for sub-section (2A), the following shall substituted, namely:–
“(2A) For the purpose of election of members of a Provincial Bar Council from a district or districts under sub-section (2) the advocates entered on the roll of group of districts as mentioned in the Schedule, shall constitute the electoral college.”;
(iii) sub-section (3), shall be omitted; and
(iv) in sub-section (4), for the word “Division” the words and commas “district or, as the case may be, the group of districts” shall be substituted.
4. Amendment of section 5A, Act XXXV of 1973.– In the said Act, in section 5A,–
(i) for clause (a) the following shall be substituted, namely:– “(a) is on the roll of advocates of High Court maintained by a Provincial Bar Council;”; and
(ii) in clause (b), for the word “seven” the word “ten” shall be substituted.
1 Amendment of section 9, Act XXXV of 1973.-In the said Act, in section 9, in sub-section (1), in clause (a), for the word “Division” the word “district” shall be substituted.
2 Addition of Schedule, Act XXXV of 1973.-In the said Act, at the end, the following Schedule shall be added, namely:
“SCHEDULE
[See section 5(2) (b)]
PUNJAB BAR COUNCIL
GROUP OF DISTRICTS-I
Name of District Seats
(1) Bahawal Nagar……………………………………..01
(2) Bahawalpur…………………………………………03
(3) Rahim Yar Khan……………………………………02
GROUP OF DISTRICTS-II
Name of District Seats
(1) Dera Ghazi Khan……………………………………01
(2) Layah………………………………………………..01
(3) Muzaffargarh………………………………………..02
(4) Rajanpur…………………………………………….01
GROUP OF DISTRICTS-III
Name of District Seats
(1) Khanewal……………………………………………02
(2) Lodharan…………………………………………….01
(3) Multan……………………………………………….04
(4) Pakpattan…………………………………………….01
(5) Sahiwal…………………………………………….02
(6) Vehari………………………………………………02
GROUP OF DISTRICTS-IV
Name of District Seats
(1) Faisalabad………………………………………….04
(2) Jhang……………………………………………….02
(3) Toba Tek Singh……………………………………01
SINDH BAR COUNCIL
GROUP OF DISTRICTS-I
Name of District Seats
(1) Jacobabad………………………………………….01
(2) Larkana…………………………………………….01
(3) Shikarpur…………………………………………..01
GROUP OF DISTRICTS-II
Name of District Seats
(1) Mirpur Khas…………………………………………01
(2) Sanghar………………………………………………01
N.W.F.P BAR COUNCIL
GROUP OF DISTRICTS-I
Name of District Seats
(1) Peshawar………………………………………………07
(2) Charsadda……………………………………………..01
(3) Nowshera……………………………………………..02 GROUP OF DISTRICTS-II
Name of District Seats
(1) Mardan……………………………………………….02
(2) Swabi…………………………………………………01 GROUP OF DISTRICTS-III
Name of District Seats
(1) Kohat + Hangu……………………………………….01
(2) Karak + Bauda Daud Shah……………………………01 GROUP OF DISTRICTS-IV
Name of District Seats
(1) D. I. Khan + Tank……………………………………02
(2) Bannu…………………………………………………01
(3) Lakki Marwat………………………………………..01
GROUP OF DISTRICTS-V
Name of District Seats
(1) Haripur……………………………………………..01
(2) Abbottabad…………………………………………02
(3) Mansehra + Batagram + Balakot + Kohistan………02
GROUP OF DISTRICTS-VI
Name of District Seats
(1) Mingora (Swat)…………………………………….…01
(2) Hangla (Alpuri) + Matta (Swat)………………………01
(3) Daggar (Baner) + Dargai + Malakand at Batkhela……01
(4) Timargara (Dir)……………………………………….01
(5) Chitral…………………………………………………01
BALOCHISTAN BAR COUNCIL
GROUP OF DISTRICTS-I
Name of District Seats
(1) Quetta + Chaghi + Noshki + Pishin + Killa Abdulla………..04
GROUP OF DISTRICTS-II
Name of District Seats
(1) Zhob + Loralai + Killa Saifullah + Ziarat + Musakhel + Barkhan…………………………………01
GROUP OF DISTRICTS-III
Name of District Seats
(1) Kech + Panjgor + Gawadar + Lasbela………………01
GROUP OF DISTRICTS-IV
Name of District Seats
(1) Kalat+Khuzdar+Mastung+Kharan+Awaran………..01
GROUP OF DISTRICTS-V
Name of District Seats
(1) Sibi+Bolan+Nasirabad+Jafarabad+Jhal Magsi+
Kohlu+Dera Bugti…………………………………..01”.
GENERAL PERVEZ MUSHARRAF,
President.
MR. JUSTICE (R) MANSOOR AHMED,
Secretary.
