Bangladesh Legal Practitioners and Bar Council Order and Rules 1972 PDF

**[The Bangladesh Legal Practitioners and Bar Council Order and Rules 1972]** Reference to Bar Council Order means "The Bangladesh Legal Practitioners and Bar Council Order 1972". Reference to Bar Council Rule means "The Bangladesh Legal Practitioners and Bar Council Rule 1972". Wherever the word...

**[The Bangladesh Legal Practitioners and Bar Council Order and Rules 1972]** Reference to Bar Council Order means "The Bangladesh Legal Practitioners and Bar Council Order 1972". Reference to Bar Council Rule means "The Bangladesh Legal Practitioners and Bar Council Rule 1972". Wherever the word "Article" is mentioned -- this means Articles contained in Bar Council Order 1972. Wherever the word "Rule" is mentioned -- this means Rules contained in Bar Council Rules 1972. **[Complaints Procedure -- Complaining against a lawyer]** - Pursuant to Rule 75A (vi) Complaint and Vigilance Committee (5 members elected by the Council) of the Bangladesh Legal Practitioners and Bar Council Rules, 1972. - Bangladesh Legal Practitioners and Bar Council Order 1972 Article 32(1) - Guilty of professional misconduct An advocate on the roll may in the manner herein after provided, be \- reprimanded, \- suspended or, \- removed from practice, if found guilty of professional or other misconduct. - Bangladesh Legal Practitioners and Bar Council Order 1972 Article 32(2) - Upon receipt of a complaint made to it by any court or by another person that any such advocate has been guilty of misconduct: \[Therefore, Court can make a complaint\] The Bar Council shall refer the case for disposal to the Tribunal, if it does not summarily reject the complaint. Bar Council can Suo Motu (on its own initiative) refer a case to the Tribunal -- Rule 50 of the Bangladesh Legal Practitioners and Bar Council Rules 1972. - Article 18 of the Bangladesh Legal Practitioner and Bar Council Order 1972: Immunity clause - No suit or other legal proceedings shall lie against Bar Council or Tribunal, Committee, Officer, Servant of Bar Council - **acting in Good Faith**. - Bangladesh Legal Practitioners and Bar Council Order 1972 Formation of Tribunal - Article 33 The Bar Council may constitute one or more tribunals, and each such tribunal shall consist of three persons. Two of such persons shall be from amongst the elected members of the Bar Council. Another is co-opted advocate and the senior most advocate amongst the members of a Tribunal shall be its Chairman. Attorney General cannot be a member of Tribunal. Secretary of the Tribunal = Secretary of the Bar Council by reason of his office [Procedure: Article 34 + Article 35 Contained in the Bangladesh Legal Practitioners and Bar Council Order 1972] Article 34: - Tribunal shall fix a date for hearing and notice to be given to the advocate concerned and also the Attorney General. - If the allegations against an advocate are proved - then penalty will be imposed under Article 32(1). - If not proved - the allegations will be dismissed - If false Allegation/Vexatious: 500tk compensation to the concerned advocate - Every order of the tribunal as to costs shall be executable as an order of the High Court Division - Reprimanded or Suspended: it shall be recorded against the advocate's name in the roll of advocates. - If Removed from the roll: strike off his name from the roll and recall his/her certificate. Recall of certificate in two cases - if removed from the roll or suspended from practice. - If the advocate is suspended - then the Tribunal shall specify the period of suspension meaning that the Tribunal shall specify how long the advocate is suspended for. - Chairman of the Tribunal may empower one of the members of the Tribunal to consider and decide preliminary issues and to record evidence. - Tribunal may review - *Suo motu* (on its own initiative) or upon application. Review can be on two matters, Article 34(8) - [Bangladesh Legal Practitioners and Bar Council Order 1972] **[Article 35:]** Tribunal shall have the same power as are vested in a Court under CPC 1908 in respect of the following matter: - enforcing the Attendance of person; - compelling the Production of documents; and - issuing Commissions for the examination of witnesses. - Provided, theTribunal shall not have power to require the attendance of the presiding officer (CPC Section 2(8)) of any court without the prior permission of the High Court Division, in case of an officer of a criminal court or revenue court without the sanction of the Government. - Tribunal shall be taken to be a civil court. - A Tribunal may send to any Civil Court having Jurisdiction in the place where the tribunal is sitting, any summon or other process for the attendance of a witness or the production of a document required by the Tribunal. Process or Summons - May send it to any Civil Court for execution. The Civil Court shall comply as if these were taking place before that Civil Court. - Proceedings before a Tribunal in any such enquiry shall be taken to be civil proceedings. What is the Remedy? Article 36 - Article 36(1): Any person aggrieved by an order of a Tribunal under Article 34 may appeal within 90 days to the High Court Division from the date of the communication of the order given by the Tribunal. - Article 36(2): Every such appeal shall be heard by Division Bench which may pass such order thereon as it may deem (see) fit, and the order of the High Court shall be the final decision and final hearing. Article 38: An appeal made under Article 36 shall not operate as "stay" of the order appealed. There an order made by the Tribunal shall be executed once the order has been passed. But the High Court Division may "stay" such order for sufficient cause at the time when such appeal is heard at the High Court Division (HCD) **[Bar Council Order 1972]** - President's Order No. 46 of 1972 (Retrospective effect) - This order was passed (date of enactment) - 18^th^ May 1972 - Came into force - 26^th^ March 1971 - Last amendment: is in 2021 - article 8 was substituted. In emergency case then there can be an Ad Hoc Bar Council that may be formed. Article 2: An advocate who has been entered into the roll of advocates. Article 2(bb): Bar Association - It means supreme court bar association or local bar association. - Local bar association - Article 2(f) District Bar but it does not include Supreme Court Bar Association. Article 3: Statutory Autonomous Body \- shall be a body corporate having perpetual succession and common seal, \- it can sue and can be sued, \- has power to acquire and hold property, both movable and immovable, \- has the power to contract. Article 2(e): High Court means High Court Division Article 2(i): Tribunal - Tribunal constituted under the Bar Council order 1972 Article 4: Tenure of the elected Bar council is 3 years. Article 5: Members of the Bar Council - Total 15 members - 14 members are elected - Attorney General is ex officio (by virtue of office) - whoever becomes the Attorney General, that person automatically becomes the member of the Bar Council. - Bar Council - Advocate - Elected members and A.G ex officio Article 5A: Restriction - No Advocate shall hold offices of Member of the Bar Council for more than 2 consecutive terms. Article 6: Who shall be the Chairman and the Vice-Chairman - Chairman will be the Attorney General Ex Officio - Vice-Chairman: shall be elected from amongst the 14 elected members themselves. Article 6A: Secretary of the Bar Council is appointed by the Government from amongst the District Judges or Additional District Judge. The Secretary shall be the chief executive officer of the bar council -- Pursuant to Rule 55 of the Bar Council Rules 1972. Article 8(1) Elections to be held on or before 31^st^ May in the year in which the term of the Bar Council expires. Bar Council Rules 1972 Rule - 3: Chairman of the Bar Council shall declare the schedule at least 45 days before the expiry of the current committee. Rule - 4: Local bar association shall be divided into seven groups. 7 persons shall be elected. General seats: 7 members. Cancellation of membership - Rule 91 - If that member resigns - Resignation letter to secretary is sent by the member. - That member is removed from the roll of advocates. - Absent from 3 consecutive meetings without permission of chairman. - The member has been elevated as a judge of the supreme court. - If that member is suspended for 1 year or more. Article 8(2) and (3) of the Bar Council Order 1972: Ad Hoc Bar Council Reasons for formation of an ad hoc bar council - Article 8(2) - If election cannot be held within the time specified due to pandemic, epidemic, act of God or unavoidable circumstances as may be determined by the government. - Government, by official Gazette notification, shall constitute Ad-hoc Bar Council consisting of 15 members. - The term of the Ad-hoc committee shall not exceed 1 year. Article 8(3) - A.G shall be one of the members and he shall be its chairman. Article 10: Functions of the Bar Council - there are 11 functions. Committee of the bar council - Article 11 (3 Standing Committees), Article 11B (Enrolment Committee is one and separate), Rule 75A (6 Additional Committees) Article 11: Three Standing Committee - Standing means permanent. - Executive - 5 elected members - Finance - 5 elected members - Legal Education - 9 members - out of them 5 are elected - and two of them are teachers of law at university or law college - and the two others can be any prestigious person. - One of them is justice of the appellate division. - Two justice from high court division - they are appointed by the Honourable Chief Justice. - Attorney General - 1 from the elected members of the bar council - Who is the Chairman of the Enrolment Committee? Justice from the Appellate Division shall be the Chairman of the Enrolment Committee. (Can also be the Chief Justice himself) Committee under Rule 75A Bar Council Rules 1972: The 6 Committees - Not more than 5 members from amongst the elected members - Law Reform Committee - Human Rights and Legal Aid Committee - House Committee - Relief Committee - Roll and Publication Committee - Complaint and Vigilance Committee Article 18 Bar Council Order 1972: Immunity clause - No suit or other legal proceedings shall lie against Bar Council or Tribunal, Committee, Officer, Servant of Bar Council - acting in Good Faith Article 21: practice before high court division - Enrolled at the subordinate court, - LL. M or Bar at law: practice for 1 year at the subordinate, - LL. B: 2 years at the subordinate court. Article 26: Right of pre-audience \(1) The Attorney-General for Bangladesh shall have the right of pre-audience over all other advocates. \(2) The right of pre-audience among other advocates shall be determined by seniority. Disqualifications - Article 27(3) - Dismissed from service of government or public body on a charge involving moral turpitude unless a period of 2 years expired. - This means that when 2 years have expired, after the expiry that person can apply to become an advocate. - Convicted for an offence involving moral turpitude - unless 5 years expired or less period as the Government may specify in the official Gazette.