Bangladesh Legal Practitioners Order 1972 Quiz

Bangladesh Legal Practitioners and Bar Council Order and Rules 1972

• References:
  • "Bar Council Order" refers to the Bangladesh Legal Practitioners and Bar Council Order 1972.
  • "Bar Council Rule" refers to the Bangladesh Legal Practitioners and Bar Council Rule 1972.
  • "Article" refers to articles contained in the Bar Council Order 1972.
  • "Rule" refers to rules contained in the Bar Council Rules 1972.

Complaints Procedure

• Complaint Procedure: Complaints are handled through a Vigilance Committee (5 members elected by the Council).
• Misconduct: An advocate can be reprimanded, suspended, or removed from practice for professional misconduct (Article 32(1)).
• Court Complaints: Courts can file complaints against advocates for misconduct (Article 32(2)).
• Bar Council Referral: If a complaint isn't dismissed immediately, the Bar Council refers it to a Tribunal for action.
• Suo Motu Complaints: The Bar Council can also initiate complaints on its own (Rule 50).
• Immunity Clause (Article 18): No legal action is permitted against the Bar Council, Tribunal, committee, or officers acting in good faith.
• Tribunal Formation: Tribunals are formed as per Article 33.

Tribunal Procedures

• Tribunal Composition: Tribunals consist of three members, two elected Bar Council members and a senior advocate.
• Attorney General: The Attorney General cannot be a member of the Tribunal.
• Secretary of Tribunal: The Secretary of the Bar Council acts as the Secretary of the Tribunal.
• Hearing: The Tribunal sets a date and notifies the advocate and Attorney General.
• Penalty (Article 32(1)): If allegations are proven, penalties are imposed.
• Dismissal (If not proven): If allegations are not proven, the complaint will be dismissed.
• Compensation (False Allegations): 500tk compensation if the allegations are false and vexatious.
• High Court Execution: Tribunal orders concerning costs are enforceable like High Court orders.
• Striking Off/Certificate Recall: If an advocate is removed from the roll, their name is struck off and the certificate recalled (in certain circumstances).
• Suspension: If the Tribunal suspends an advocate, it specifies the duration.
• Preliminary Issues: The Tribunal Chairman can delegate tasks to other members.
• Review: A Tribunal can review its own decisions (suo motu) or upon application and on matters under Article 32(1).

Additional Provisions

• Powers of the Tribunal (Article 35): Tribunal powers are similar to those of a court as prescribed by the Civil Procedure Code, 1908, except for matters relating to presiding officers of courts.
• Civil Court Jurisdiction: Tribunals can use civil courts to enforce summons or compel witness and document production.
• Appeals (Article 36): Aggrieved parties can appeal to the High Court Division within 90 days of a Tribunal's decision.
• Stay of Orders (Article 38): An appeal doesn't automatically delay the Tribunal's order. However, the High Court has the power to grant a stay.

Miscellaneous

• President's Order 46 of 1972: Retrospective effect, passed on 18 May 1972, came into effect March 26, 1971 (with revisions in 2021).
• Bar Association: Bar Associations are mentioned as including Supreme Court Bar Associations and local bar associations (Article 2(bb))
• Bar Council as Statutory Body (Article 3): The body is described as having continuous existence and the ability to take actions in legal matters (acquiring, holding property, and contracting).
• Bar Council Tenure (Article 4): Elected members of the Bar Council serve three-year terms
• Bar Council Membership (Article 5): The Bar Council has 15 members, 14 elected and the Attorney General who is an ex officio member.
• Bar Council Restrictions (Article 5A): No person can hold Bar Council member positions for more than two consecutive terms.
• Bar Council Officers (Article 6/Article 6A): The Chairman and Vice-Chairman are elected. The Secretary position is appointed by the government.
• Election of Bar Council Members (Article 8): Elections are to be held by 31st May.
• Bar Council Cancellation of Membership: The circumstances that lead to the cancellation of a Bar Council member are listed.
• Bar Council Composition & Functions (Articles 8(3), 10 & 11): The Article lists 6 committees, some permanent members, and describes the different functions of the Bar Council Committees.
• Rights of Advocates (Article 21, 26, 27): Advocates' priority, practice rights, eligibility (for high court or subordinate courts) are detailed.
• Disqualifications: Circumstances in which advocates can lose their status to practice are outlined.