Bangladesh Bar Council Laws
Bangladesh Bar Council Laws
Bangladesh Bar Council Laws
With
Benevolent Fund & Relief Fund Rules,
Rules for Registration of Advocates’ Clerks,
Special Fund Rules
And
Canons of Professional Conduct & Etiquette
1
Contents
2
GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF BANGLADESH, MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
(Law Division)
3
(bb) “Bar Association” means Supreme Court Bar
Association or a Local Bar Association ; 1
(c) "East Pakistan Bar Council" means the Bar Council
which, before the 26th day of March, 1971, was known as
the East Pakistan Bar Council;
1
Substituted by Legal Practitioners and Bar Council (Amend) Act 39 of 2003
2
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
3
This Article has been substituted by Ord. No.III of 1975.
5
the official Gazette and shall consist of such members as
may be nominated by the Government from amongst the
advocates on the roll.
(2) If any member of the first Bar Council absents himself
from three consecutive meetings thereof without leave of
absence granted by its Chairman, he shall cease to be a
member of the Bar Council
(3) Any vacancy in the first Bar Council shall be filled by
co-option by the Council or a person from amongst the
advocates on the roll.
(4) The first Bar Council shall be continued till the 30th day
of June, 1973.
6
(i) to promote legal education and to lay down the standards
of such education in consultation with the universities in
Bangladesh imparting such education.
(j) to perform all other functions conferred on it by or under
this Order;
(k) to do all other things necessary for discharging the
aforesaid functions.
11. (1) The Bar Council shall constitute the following standing
committees namely :-
(a) an executive committee consisting of five members
elected by the Council from amongst its members;
(b) (Deleted) 1
(c) a finance committee consisting of five members elected
by the Council from amongst its members;
(d) a legal education committee consisting of nine
members:-
five elected by the Council from amongst its members
and four co-opted by the Council from persons other
than the members of the Council at least two of whom
shall be teachers of law in any University or College in
Bangladesh.
1
Deleted by Legal Practitioners and Bar Council (Amend) Act 39 of 2003
7
(a) a Chairman to be nominated by the Chief Justice from
amongst the Judges of the Appellate Division;
14. (1) The Bar Council may constitute, for the benefit of the
advocates and their families and dependents, group
insurance schemes and Benevolent Funds.
1
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
2
The words “Chairman or” have been omitted by Ord. No.III of 1975
8
(2) Where any such fund is constituted, every advocate on
the roll shall be liable to pay to the fund as contribution
or, as the case may be, as premium such sum of money,
and in such manner, as may be prescribed.
(3) A fund constituted under clause (1) shall be managed,
administered and utilized in such manner as may be
prescribed.
(2) The relief fund constituted under clause (1) may consist
of -
(a) amounts transferred from any other fund of the Bar
Council;
(b) grants made by the Government;
(c) contributions received from the advocates; and
(d) donations received from the public, local authorities,
or other sources.
9
1994),] 1 at such time and in such manner as may be
prescribed.
[(3) The audited accounts of the Bar Council under clause (2)
shall be submitted to the Public Accounts Committee of
the Parliament through the Parliament Secretariat.] 2
18. No suit or other legal proceeding shall lie against the Bar
Council or any Tribunal, Committee, officer, or servant of
the Bar Council for any act in good faith done or intended to
be done in pursuance of the provisions of this Order or rules
made thereunder.
22. (1) The Bar Council may prescribe the following fees to be
paid to the Bar Council namely :-
provided that -
11
(2) The fees referred to in sub-clause (a) and (b) of clause (1)
may be paid in such instalments, if any, as may be pre-
scribed.
23. (1) Entries in the roll shall be made in the order of seniority
and such seniority shall be determined as follows,
namely:-
12
(2) Where the date of seniority of two or more persons is the
same, the one senior in age shall rank as senior to the
other.
25. (1) The Bar Council shall send to the High Court a copy of
the roll as prepared under Article 20 and shall thereafter
communicate to the High Court all alterations in, and
additions to, the roll as soon as the same have been
made.
(2) The High Court shall enter in the copy of the roll all
alterations and additions communicated to it.
26. (1) The Attorney General for Bangladesh shall have the
right of pre-audience over all other advocates.
27. (1) Subject to provisions of this order and the rules made
thereunder, a person shall be qualified to be admitted as
an advocate if he fulfils the following conditions
namely:-
13
circumstances beyond his control from returning to
Bangladesh after that date; or
(v) he is a barrister;
(e) he has paid such enrolment fee and fulfils such other
conditions as may be specified in the rules made by the
Bar Council.
14
period as the Government may, by notification in the
official Gazette, specified in this behalf, has elapsed
from the date of the expiration of the sentence.
1
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
15
such transfer, but no application for such transfer shall
be allowed unless it is made at least one hundred eighty
days prior to the election of the Bar Association to which
transfer is applied for.] 1
1
Amended by Legal Practitioners and Bar Council (Amend). Act 7 of 2004.
16
own motion so refer any case in which it has otherwise
reason to believe that any such advocate has been so
guilty.
33. (1) The Bar Council may constitute one or more Tribunals
and each such Tribunal shall consist of three persons of
whom two shall be persons elected by the Council from
amongst its members and the other shall be a person co-
opted by the Council from amongst the advocates on the
roll, and the senior most advocate amongst the members
of a Tribunal shall be its Chairman.
17
(2) The Tribunal shall fix a date for hearing of the case and
shall cause notice of the day so fixed to be given to the
advocate concerned and to the Attorney General for
Bangladesh and shall afford the advocate concerned and
the Attorney General an opportunity of leading evidence,
if any, and of being heard before orders are passed in the
case.
(6) The Tribunal may make such order as to the costs of pro-
ceedings before it as it may deem fit; and where the
Tribunal is of the opinion that a complaint made against
advocate is false and vexatious, it may, in addition, and
without prejudice to any other remedy available to the
advocates, impose deterrent costs not exceeding a sum
of five hundred taka upon the complainant, which shall
be paid to the advocate as compensation.
18
clause (4) or (6) and maintain, vary or rescind the same,
as it thinks fit.
19
or the production of a document required by the
Tribunal, or any commission which it desires to issue,
and the Civil Court shall serve process or issue such
commission, as the case may be, and may enforce any
such process as it were a process for attendance or
production before itself.
38. An appeal made under Article 36, shall not operate as stay of
the order appealed against, but the High Court may, for
sufficient cause, direct the stay of such order on such terms
and conditions as it may deem fit.
20
(a) the manner in which election of members of the Bar
Council shall be held and the manner in which
results of election shall be published;
1
The words “Chairman and” have been omitted by Ord. No.III of 1975.
2
Ibid.
21
(k) the maintenance of books of accounts and other
books by the Bar Council;
(q) the fee payable for enrolment; the fee payable for
permission to practise in the High Court, the
installments, if any, in which any such fee may be
paid;
22
(w) the fee which may be levied in respect of any matter
under this Order;
(3). Until rules are made by the Bar Council, the power of
the Council under this Article shall be exercised by the
Government.
43. The Legal Practitioners and Bar Council Act, 1965 (Act III
of 1965), is hereby repealed.
23
44. On the commencement of this Order,-
(a) all properties and assets vesting in the East Pakistan Bar
Council shall vest in the Bar Council;
24
before such commencement, and the provisions of the Legal
Practitioners Act, 1879 (Act XVIII of 1879), or other law
shall have effect in relation to such person as if they had not
been repealed by the Legal Practitioners and Bar Council
Act, 1965 (Act III of 1965).
AZIMUDDIN AHMED
Deputy Secretary
25
(Published in the Bangladesh Gazette Extraordinary, part - 1
dated the 22nd May, 1972)
NOTIFICATION
CHAPTER -1
Preliminary
26
(g) "Secretary" means the person appointed as Secretary of
the Bar Council under these rules and includes any other
person to whom all or any of the functions of the
Secretary are for the time being entrusted by the Bar
Council or the Chairman;
CHAPTER II
Election of Members of the Bar Council
(a) the date not being a day within ten days of the
Notification by which proposals for election are to be
delivered at the office of the Bar Council;
(e) the date on which objection shall be taken up for the first
time by the Election Petition Committee at the office of
the Bar Council;
Provided that -
1
These words have been inserted by Gazette Notification dt. March 29, 1973
2
Added by Gazette Notification dt. Feb. 26, 1976.
3
Substituted for the words “before the thirtieth day of Nov. of the preceding
year in which the elections to the Bar Council are to be held” by Gazette
Notification dt. March 29, 1973.
27
(i) there shall be an interval of at least seven days between
the date by which proposal are to be delivered and the
date for their scrutiny, an interval of at least fourteen
days between the date for scrutiny and the date on which
voting shall take place, an interval of at least seven days
between the date on which the result of election is
declared and the date for filing objection to the election,
and an interval of at least seven days between the date
for filing the objections and the date on which the
objections shall be taken up for the first time;
(2) (i) Every ballot paper shall be in the form as set out in
Schedule B.
28
(3) (i) Every voter shall have seven votes in the case of
election to general seats, and one vote in the case of
election to each group seat;
6. The Secretary shall within two days of the last dates fixed
for delivery of proposals submit the proposals to the
Chairman and shall at the same time cause to be put up a list
of the proposals on the notice board at the office of the Bar
Council, containing particulars of the candidates.
1
Inserted by Gazette Notification dt. July 23, 2007.
29
8. On the date fixed for scrutiny, the Chairman shall, after
hearing any objections, which may be made to any proposal
by any voter, and after making such summary enquiry, as he
may think fit, accept or reject the proposals.
11. (1) The Bar Council shall publish a list of voters showing at
which polling station a particular voter shall cast his vote
at least thirty days before the polling.
Provided that the Bar Council shall have power to add to the
list till the polling.
(2) All voters shall cast their votes at the polling stations
indicated in the list except persons appointed as polling
agents who shall be entitled to cast their votes at the
polling station for which they have been appointed. A
candidate can cast his vote at any polling station.
15. (1) At the close of polling the person presiding over the
polling at any polling station shall count the votes cast
for the various candidates and shall forward the ballot
papers and the result of the counting in a sealed cover to
the Chairman.
(2) The Chairman shall count the ballot papers received from
the various polling stations. The Chairman shall reject a
ballot paper, if -
(a) the voter has put a cross against more than the
number to be elected; or
(b) if the ballot paper contains a mark other than a cross
put against the name of candidate which mark is not
found to be accidental.
31
(b) in the case of group seat, one candidate in each group
receiving the highest number of votes in that group.
(2) In case of equality of votes, decision shall be taken by
the drawing a lots.
21. The letter shall state clearly the grounds upon which the
validity of the election is challenged.
23. The election shall be set aside if the Tribunal finds that an
irregularity which has materially affected the result of the
election or an illegality has been committed.
32
unavoidable reasons, will invalidate any proceeding, if it
does not materially affect the result of the election.
CHAPTER III
Meetings
1
Substituted by Gazette Notification dt. July 16, 1998.
33
requisition signed by not less than five members of the Bar
Council. In ordinary cases meeting shall be called within a
week of the requisition but in cases of emergency it shall be
called within any shorter period so as to suit the emergency.
In case the Secretary and the Chairman do not call a
requisitioned meeting the same may be convened by the
requisitionists and all expenses in this behalf shall be
incurred by the Bar Council.
40. The provisions of this Chapter will apply also to the election
of Vice-Chairman, except that voting shall in such election
be by ballot.
CHAPTER IV
Disciplinary Proceedings
41. A complaint against an advocate shall contain clearly the
charge or charges against such advocate, and shall be
accompanied by all documents, or copies of documents that
are available to the complainant and in a case where the
complaint is not by a court or by public officer acting in his
official capacity, shall also be supported by an affidavit as to
facts;
Provided that the Bar Council may, dispense with the filing
of an affidavit.
35
[41A. The petition of complaint against an Advocate shall be
filed with the Bar Council along with payment of a fee of
Tk.1,000.00.] 1
42. The Bar Council may, for the purpose of deciding whether a
case against an advocate is to be summarily rejected, or to be
referred to the Tribunal, allow the advocate to reply to the
allegations against him and may make such enquiry as it
thinks fit.
43. When a case is referred to the Tribunal all the relevant docu-
ments shall be forwarded to the Chairman of the Tribunal.
47. The Tribunal shall determine the matter before it on oral evi-
dence and on documents in accordance with the provisions
of the Evidence Act, 1872, and the Tribunal shall follow
generally and to the extent practicable the procedure
provided for suits in the Civil Procedure Code, 1908, but the
Tribunal shall also have power to call for or permit affidavits
and to decide a whole case or any matter on affidavits and
documents proved by affidavits provided that the party
affected by an affidavit shall have right to cross examine the
deponent with reference to the statements in the affidavit.
50. The Bar Council may suo motu start disciplinary proceeding
against an advocate and in such a case the provisions of this
chapter will apply mutatis mutandis.
51. The Tribunal after a case is referred to it, shall have power to
suspend the Advocate concerned, pending enquiry against
him, and to vary or rescind such order.
37
CHAPTER V
56. Subject to the provisions of the Order and these rules, the
Secretary shall exercise such powers and such functions as
may be entrusted to him by the Bar Council.
1
Inserted Sub Rules (2), (3) & (4) by Gazette Notification dt. March 2, 1978.
2
Inserted by Gazette Notification dt. Dec. 18, 1997.
39
CHAPTER VI
Enrolment of Advocates
1
Substituted by Gazette Notification dt. July 23, 2007.
2
Ibid.
40
60.(1) Every person shall, before being admitted as an advocate
take training regularly for a continuous period of six
months as a pupil in the Chamber of an advocate who
has practised as an advocate for a period of not less than
[10 years. Each Bar Association shall prepare a list of
Advocates who are considered by the respective Bar
Association to be fit and capable of accepting pupil for
imparting legal training and send the same to the Bar
Council for approval. Every person seeking enrolment to
the Bar Council shall have to take such further legal
training and post examination pupilage before
conferment of the Sanad as may be determined by the
Bangladesh Bar Council] 1 .
** ** ** ** 4
1
Subs./added by Gazette Notification dt. June 3, 1999.
2
Inserted by Gazette Notification dt. Aug. 28, 1980.
3
Added by Gazette Notification dt. Dec. 18, 1997.
4
This 2nd proviso has been deleted by Gazette Notification dt Dec. 18, 1997.
41
Australia or Canada or as an Advocate in any country from
the SAARC region, as the case may be.] 1
[(1)(a) But in the case of Honours degree holder in law from the
University of Dhaka from among students admitted into the
Honours course of the said University during academic
sessions 1973-74, 1974-75, 1975-76 & 1976-77 the
continuous period of pupilage shall be for eighteen months.] 2
1
Added by Gazette Notification dt Nov. 29, 2001.
2
Inserted by Gazette Notification dt. Sep. 8, 1977.
3
Inserted by Gazette Notification dt Mar. 29, 1973.
4
Added by Gazette Notification dt Aug. 19, 1999.
5
Inserted Sub Rules (i), (ii), (iii) & (iv) by Gazette Notification dt Aug. 28, 1980.
6
Added by Gazette Notification dt Dec. 18, 1997.
7
Subs. by Gazette Notification dt July 23, 2007.
42
degree certificate or a testimonial of appearance of law
degree final examination.] 1
Provided that a pupil may take training with more than one
Advocate for a total period of 6 months which shall be
substantially continuous.
1
Added by Gazette Notification dt Aug. 19, 1999.
2
Inserted by Gazette Notification dt Dec. 18, 1997.
3
Inserted by Gazette Notification dt. Aug. 28, 1980.
4
Subs by Gazette Notification dt May 18, 2000.
5
Subs by Gazette Notification dt June 18, 2000
43
[60B. Every applicant who has qualified in the written
examination under these rules shall appear at a viva-voce
examination held under the direction and supervision of
the Enrolment Committee of the Bar Council. The viva-
voce examination shall be of 50 marks. ] 1
1
Subs. by Gazette Notification dt Sept. 17, 2008
2
Subs. by Gazette Notification dt July 23, 2007
3
Subs. by Gazette Notification dt May 18, 2000.
4
The clause and proviso thereto has been deleted by Gazette Notification dt
May 18, 2000.
5
Inserted by Gazette Notification dt March 29, 1973.
44
the Bar Association after his admission as a member
thereof in such manner and on fulfillment of such
conditions as may be decided by the Bar Council upon
taking such oath as prescribed below: -
OATH OF ADVOCATE
I, … … … … … … … … … … … … ... DO HEREBY
SOLEMNLY TAKE THE OATH OF AN ADVOCATE AS I
UNDERTAKE TO UPHOLD AT ALL TIMES THE DIGNITY AND
HIGH STANDING OF MY PROFESSION, AS WELL AS MY OWN
DIGNITY AND INTEGRITY AS A MEMBER OF THE LEGAL
PROFESSION AND I WILL ADHERE TO THE CANONS OF
PROFESSIONAL CONDUCT AND ETIQUETTE.
1
Subs. by Gazette Notification dt June 3, 1999.
2
Subs. for Tk.500/- by Gazette Notification dt March 12, 1998.
3
Inserted Sub Rule (3) & (4) by Gazette Notification dt April 5, 1990.
45
[(5) The Bar Council may suspend or revoke enrolment of an
Advocate and recall certificate of enrolment if it is
satisfied on any report or information from the
appropriate authority that the academic certificate
produced by the Advocate at the time of his enrolment is
fake and forged; or any statement made in form-A and/or
in the affidavit in support of form-A is found false; and
may also refer for appropriate legal action for using such
forged document after giving an opportunity to show
cause to the incumbent.] 1
63. If the Bar Council rejects the application, the decision shall
forthwith be communicated to the applicant.
1
Added by Gazette Notification dt March 22, 2001.
46
(i) Advocates who were called to the Bar in U.K. or
who have obtained higher 2nd class in LL.M. (at
least 50% marks in aggregate) from any recognised
University and further worked with a Senior
Advocate of the Supreme Court in his Chamber for
at least one year (since his enrolment as Advocate
under Rule 62(1)) 1 ; and
1
Added by Gazette Notification dt Sept. 9, 2004.
(Note :- The Enrolment Committee by exercising its power under Art-11A(2)
adopted a resolution on 8.11.2008 adding further condition that the LL.M.
Degree holder seeking examption of two years practice in subordinate courts,
must have a four year LL.B (Hons) Degree.)
2
Added by Gazette Notification dt March 12, 1998.
3
Subs by Gazette Notification dt March 12, 1998.
47
Court in his chamber for at least one year] 1 [certifying in
the prescribed form to be sent to the Bar Council directly
and in confidence with full particulars of the work the
applicant has done along with such memo/petition or any
other document prepared, drafted, corrected and settled
by the said Senior Advocate and particulars of the cases
in which the applicant assisted and conducted research
etc.] 2
1
Added by Gazette Notification dt Oct. 23, 1997.
2
Added by Gazette Notification dt March 12, 1998.
3
Added by Gazette Notification dt July 23, 2007.
4
Subs by Gazette Notification dt Oct 23, 1997.
48
member voted to the chair.] 1 [The Chairman or any
member of the Board may invite any other member of
the Bar Council to assist the Board in conducting any
test and examination of candidates.] 2
1
Subs by Gazette Notification dt Oct 23, 1997.
2
Added by Gazette Notification dt March 12, 1998.
3
Added by Gazette Notification dt Dec. 18, 1997.
4
Added by Gazette Notification dt Sep. 9, 2004.
49
66. (1) No person shall practise as an Advocate unless he is a
member of a Bar Association of the place at which he
ordinarily practises, which Association has been
recognized under the rules next following.
1
Added by Gazette Notification dt March 29, 1973.
50
(4) 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 would have if his application for
admission as a member of a Bar Association was
dismissed and the appellate authority shall have similar
powers.
1
Inserted by Gazette Notification dt Feb. 11, 1988.
51
that Bar Association till the question of recognition of
such Bar Association is decided by the Bar Council.
1
Substituted by Gazette Notification dt Oct. 6, 1983.
2
Substituted by Gazette Notification dt July 23, 2007.
3
Substituted by Gazette Notification dt Sept. 17, 2008.
52
(c) a fee of [Taka 5,000.00] 1 for permission to practise
before the High Court in cases covered by Article 21.
69. [Every advocate who fails to pay the annual fee for a year by
the 31st of December of the preceding year may pay the
same to the Bar Council by the 31st of January of the year of
payment, otherwise the fee shall be payable with a further
fee for late payment of Tk. 10/- for each month of delay
commencing from the month of January of the year of
payment.] 3
1
Substituted by Gazette Notification dt July 23, 2007.
2
Substituted by Gazette Notification dt April 19, 2005.
3
Substituted by Gazette Notification dt Sept. 17, 2008.
53
[73A. Notwithstanding anything contained in these rules the Bar
Council may issue certificate of enrolment [to practise] 1 as
advocate to a person who has become qualified to be
enrolled as advocate under the Bangladesh Legal
Practitioners and Bar Council (Second Amendment) Act,
1974 without his becoming a member of any Advocates' Bar
Association.] 2
CHAPTER VII
Committees
74. (1) All Committees that are called upon to submit reports
upon matters referred to them shall submit reports in the
following manner:-
1
Inserted by Gazette Notification dt Dce. 28, 1978.
2
Inserted by Gazette Notification dt Oct. 2, 1975.
54
75. The Chairman of every Committee other than the Legal
Education Committee shall be elected by the Bar Council.
55
in law making on behalf of the Bar Council and to lobby,
monitor and sensitize the legislative process in order to bring
effective change in areas of public interest and the profession in
order to establish Rule of law, ensure equal justice, enforcement
of human rights and to improve the justice delivery system in
general.
(ii) The Human Rights & Legal Aid Committee will help
develop and organise as well as to motivate various monitoring
cells in various Bar Associations, collect reports for appropriate
actions, compilation and dissemination of information and
reports, and will develop a network for giving legal aid in
appropriate cases, liaise with the Government and various Bar
Associations for proper utilisation of government grants for
Legal aid.
(iii) The House Committee will look after the administration and
management of the Rest House and the canteen, enforce the Rest
House Rules, arrange purchase of any materials for the use of the
Bar Council and for any work order including construction and
to float tender and invite quotation etc., as it may deem proper
and expedient and place its recommendation including the
framing of purchase rules in respect of the same and also
perform any other function as may be assigned to it by the
Executive Committee.
56
(vi) The Complaint and Vigilance Committee shall receive
complaint and keep vigilance on the general environment in the
justice delivery system and on the conduct of lawyers and
regarding relationship between the Bar and the Bench and any
grievance relating to the justice delivery mechanism. It will
examine and investigate into any complaint made to it and report
on the same to the Bar Council for taking up the matter for
resolution of the problems and redress of the grievance with
concerned authorities (i.e. the Hon’ble Chief Justice, the Law
Ministry). In case of complaint against the Advocates after the
inquiry and scrutiny the same shall be referred to the Executive
Committee for necessary steps. It will inquire into the dispute or
grievances as may exist between the Bar and the Bench with a
view to develop a healthy growth of relationship for effective
dispensation of justice.] 1
76. The term of every Committee shall be the same as that of the
Bar Council itself unless the Bar Council when constituting
the Committee provided otherwise.
1
Added by Gazette Notification dt July 16, 1998.
57
CHAPTER VIII
Finance
80. (1) The Chairman shall be responsible for realizing all the
moneys due to the Bar Council and for the management,
administration and utilization of the fund of the Council.
81. (1) The moneys credited to the fund of the Bar Council shall
be kept in such bank or banks and the accounts shall be
operated by such person as the Bar Council may specify.
(2) The Bar Council may invest any portion of the fund of
the Council in such manner as it may think proper.
(3) The Bar Council may constitute a separate fund for any
special purpose, which shall be administered and
regulated in such manner as the Bar Council may
specify.
1
Subs. this Sub Rule by Gazette Notification dt Dec. 18, 1997.
58
82. The moneys from time to time credited to the fund of the Bar
Council shall be applied in the following order :-
(2) The receipt of all cash and cheques received for credit to
the fund of the Bar Council shall be entered on the
receipt side of the Cash Book as soon as the receipt is
issued.
(3) The disbursement of all money from the fund of the Bar
Council shall be entered on the expenditure side of the
Cash Book as soon as the disbursement is made.
(7) At the end of each month, the balance shall be struck and
the closing balance verified with reference to the bank
pass book.
59
(8) The totals of various columns in the book shall be
carried forward into the next months' account.
(5) The auditor shall report to the Bar Council upon the
annual account and in his report he shall state whether in
his opinion the annual account is a full and fair account
containing all necessary particulars and properly drawn
up so as to exhibit a true and correct view of the finances
of the Bar Council.
60
[86. Draft Budget Estimate is to be placed before the Finance
Committee for scrutiny prior to presentation before the Bar
Council for approval.
88. All applications for benefit out of the Benevolent Fund after
processing by the office shall be referred to the Finance
Committee for scrutiny prior to placing before the Bar
Council.] 1
CHAPTER IX
Travelling Allowance
1
Rules 86, 87 & 88 have been added by Gazette Notification dt March 2, 1978.
2
Subs. by Gazette Notification dt July 23, 2007.
61
89A. All members of tribunals shall be entitled to sitting
allowance of [Tk.500.00] 1 per day for attending tribunals.
They shall not be entitled to daily allowance and conveyance
allowance as per rule 89 if they receive sitting allowance.
CHAPTER X
Miscellaneous
91. (1) A member of the Bar Council shall vacate his seat if -
1
Subs. by Gazette Notification dt. July 23, 2007.
2
Inserted by Gazette Notification dt. March 29, 1973.
3
Inserted by Gazette Notification dt. Dec. 18, 1997.
62
(2) A member of the Bar Council who is suspended as an
Advocate shall not act as a member during the period of
his suspension but shall vacate his seat only if his
suspension is for a year or more or covers the whole of
his remaining terms as a member.
92. The co-option in accordance with Article 7(3) will take place
only at a meeting of the Bar Council convened for that pur-
pose of which eight days notice has been given to the mem-
bers of the Bar Council.
96. All advocates appearing before the Bar Council or before any
Tribunal, or Committee of the Bar Council, except the At-
torney General or an advocate appearing on his behalf, shall
file a power of attorney along with a deposit of [Taka
20.00] 2 to be paid to the Secretary of the Bar Council.
1
Subs by Gazette Notification dt. May 25, 1991.
2
Ibid.
63
the receipt for the money paid shall be attached to the
proceedings in respect of which the payment is made.
1
. Subs. by Gazette Notification dt. May 25, 1991.
2
Subs. by Gazette Notification dt. July 23, 1997.
64
(FORM OF CONTRACT OF PUPILAGE UNDER SUB-RULE (3)(II) OF
RULE 60 OF THE BANGLADESH BAR COUNCIL RULES)
Note: This contract shall be executed on non-judicial stamp of Taka 150.00 and
shall be filed with the Secretary of the Bar Council within 30 days from the
date of execution along with a Registration fee of Tk.400.00 and a copy of
Law degree certificate or a testimonial of appearance of Law degree final
examination. The pupil shall also fill in a Registration form and
submit the same.
65
AFFIDAVIT
I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .son/daughter of. . . . .
. . . . . . . . . . . . . . . . . of village. . . . . . . . . . . . . . . . . . P.O. . . . . . .
. . . . . . . . . . . Dist. . . . . . . . . . . . . . . . . . . . ., a pupil for
enrolment as Advocate, aged about. . . . . . . . . . . . . years, a
citizen of Bangladesh, do hereby solemnly affirm and declare as
follows :-
Signature of Advocate
66
Bangladesh Bar Council
Pupilage Registration Form
(1) Name of applicant
(in block letter) :
(2) Father’s name :
(3) Mother’s name :
(4) Date of birth :
(5) Mailing Address with phone No. if any :
(6) Permanent Address :
(7) Nationality :
(8) Academic qualifications with date on :
which acquired
Date : -----------------------------------
Signature of the applicant.
N. B. Incomplete Registration Form shall be treated as rejected.
The Registration Form shall be accompanied by :
67
(ii) Copies of S.S.C, H.S.C and Degree or equivalent
certificates and marks sheets and copy of Law degree
certificate or a testimonial of appearance of Law
degree final examination (In case of Foreign
University degree an equivalency certificate from
University Grant Commission/Ministry of Education
of Bangladesh shall have to be submitted.)
(iii) Three copes of attested recent passport size colored
photographs.
(iv) A receipt of payment of Registration fee of Tk. 400.00
68
FORM ‘A’
(See Rule 58)
Application for enrolment as Advocate
FORM 'A'
(See Rule 58)
70
AFFIDAVIT
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
son/daughter/wife of. . . . . . . . . . . . . . . . . . aged about. . . .
years, by faith. . . . . . . . . . . . . . . . . . . . . . . ., by profession a
pupil for enrolment as Advocate, resident of. . . . . . . . . . . . . . .
P.S.. . . . . . . . . . . . . . . . District. . . . . . . . . . . . .do hereby
solemnly affirm and declare as follows :--
71
“Form – ‘B’ 1
[See Rule 62]
1
Substituted by Gazette Notification dt. April 19, 2005.
72
Receipt of Payment of Annual Fee etc. 1
FORM C
[See Rule 68b]
Name of Advocate :
__________________________________
Son/Daughter/Wife of :
__________________________________
Date of Enrolment :
__________________________________
Name of Bar :
__________________________________
Serial No. of Roll :
__________________________________
Total Tk.
Accepted.
By order of the
Bangladesh Bar Council.
________________________
Signature of the dealing officer Secretary
Bangladesh Bar Council.
1
Substituted by Gazette Notification dt. May 25, 1991.
73
“Form – ‘D’ 1
[See Rule 68(c)]
THE BANGLADESH BAR COUNCIL
No. …………
Permission to practise in the
High Court Division
1
Subs. by Gazette Notification dt. April 19, 2005
74
FORM E
Receipt
Date Vr.No. Particulars Lf. Cash Bank Bank
Payment
Date Vr.No Particulars Lf Cash Bank Bank Bank
FORM F
[See Rule 84 (2)]
75
Depreciation..........................
CASH:
With Bank in current
Account......
With Bank in Saving
Bank Account.........
With Bank in Fixed
Deposit Account.......
In hand..........
N.B. These forms may be modified at any time to conform to
best accepted accounting practices.
76
FORM 'G'
[See Rule 60]
Date...............
Signature of Advocate.
1
Inserted by Gazette Notification dt. March 29, 1973.
77
Form- ‘H’
(See Rule 65-A(1)
which acquired
78
Name of the Year of Roll Board/Uni Division/
Examination Passing No. versity Class/CG
starting from PA
SSC or
equivalent
--------------------------------
Date: Signature of the applicant.
79
Form- ‘H’(1)
(See Rule 65-A(1)
which acquired
80
Name of the Year of Roll Board/ Division/Class/
Examination Passing No. University CGPA
starting from
SSC or
equivalent
-------------------------------
Date : Signature of the applicant.
81
Form –H(2)
See Rule 65A(ii)
BANGLADESH BAR COUNCIL
(1) Name :
82
(10) Date of retirement/resignation and
the post held :
---------------------------------
Date………. Signature of the Applicant
83
SCHEDULE –A [See Rule 4(1) ]
Name of Group Local Bar Associations
included in a group
A All local Bar Associations within the greater district of
Dhaka
B All local Bar Associations within the greater districts of
Mymensingh, Tangail and Faridpur
C All local Bar Associations within the greater districts of
Chittagong and Noakhali
D All local Bar Associations within the greater district of
Comilla and Sylhet
E All local Bar Associations within the greater districts of
Khulna, Barisal and Patuakhali
F All local Bar Associations within the greater districts of
Rajshahi, Jessore and Kushtia
G All local Bar Associations within the greater districts of
Dinajpur, Rangpur, Bogra and Pabna
PART - II
Election to group seat
Group Serial Name of Name of local Space for
No candidates Bar Association cross mark
of which he is a
member
85
not be entitled to grant as per rule 10 of these rules. He or
she shall get refund of an amount equivalent to 5 times of the
contribution so far paid by him/her to the fund.
(a) All Advocates from the 1st year to the 10th year of their
enrolment shall pay yearly contribution @ Tk. 1,200/-
(b) All Advocates from the 11th year to the 20th year of their
enrolment shall pay yearly contribution @ Tk. 1,500/-
(c) All Advocates from the 21th year of their enrolment and
above shall pay yearly contribution @ Tk. 2,000/-] 2
1
Subs. by Gazette Notification dt. Sept. 17, 2008
2
Subs. by Gazette Notification dt. June. 17, 2004.
87
Provided that persons who may be enrolled as Advocate
after completion of the age of 40 years shall not be allowed
to join the Benevolent Fund scheme of the Bangladesh Bar
Council. This proviso will take effect from 18.6.87.
(a) The Bar Association will forward to the Bar Council the
application certifying the veracity of the statements
made in the application.
9. The Bar Council shall grant out of the Fund to family mem-
ber/nominee of any deceased Advocate as follows:
88
(h) Death on payment of contribution
for 35-39 years Tk.3,50,000/=
(i) Death on payment of contribution
for 40 and above Tk.5,00,000/=
1
Subs. by Gazette Notification dt. May. 18, 2000.
2
Subs. by Gazette Notification dt. March 22, 2001.
89
(5) Retirement on payment of contribution
for 40 years or more] 1 Tk.2,00,000.00
[This rule shall come into force with effect from 01-01-
2001] 2
[10A. Notwithstanding anything contained in this Rule the
Bar Council may grant loan out of the fund to the Advocate
as follows in such cases where financial condition of the
Advocate is such that loan has become necessary. The loan
shall be granted on condition that the amount along with
simple interest thereon @ 10% per year shall be deducted
from the entitlement of grant under these rules payable to
his nominee/family members after his death or from the
retirement grant as the case may be unless repaid earlier.
1
Subs. by Gazette Notification dt. Dec. 30, 2007.
2
Subs. by Gazette Notification dt. May 18, 2000..
3
Ibid.
90
BANGLADESH BAR COUNCIL
Application form for appointment of nominee for the
BENEVOLENT FUND
To
The Chairman,
Bangladesh Bar Council,
Bar Council Bhaban, Ramna, Dhaka.
Dear Sir,
I wish to join the Benevolent Fund Scheme which has been
constituted by the Bangladesh Bar Council for the benefit of
families of Advocates as contemplated in Article 14(1) of the
Bangladesh Legal Practitioners and Bar Council Order, 1972. In
this connection requisite particulars are given below :
Advocate
Date .............. ................Bar Association
Secretary
…..…. Bar Association
(Seal)
91
BANGLADESH BAR COUNCIL
To
The Chairman
Bangladesh Bar Council
Bar Council Bhaban
Ramna, Dhaka-1000.
Dear Sir,
I am a contributor to the Benevolent Fund Scheme of the
Bar Council. I wish to change my nominee. Please arrange to
substitute the name of my present nominee in place of former
nominee.
Secretary
…..…. Bar Association
(Seal)
92
BANGLADESH BAR COUNCIL
2. Father's name :-
3. Date of Enrolment :-
5. Date of death :-
6. Name of nominee/nominees :-
Secretary,
__________Bar Association
93
BANGLADESH BAR COUNCIL
Form of application under Rule 2(iv) of the
Benevolent Fund Rules
1. Name of Advocate :
2. Father’s Name :
3. Date of Enrolment :
4. Length of Practice :
5. Present age :
6. Cause of retirement
7. An undertaking by the applicant : I do hereby undertake that I
have already stopped my
legal practice and that I
shall never practise in future
in any court, Chamber or
before any authority in
Bangladesh.
8. Signature of the applicant :
Date: -----------------
Secretary
Dated: --------------
Enclosure:
(j) Enrolment Sanad
(ii) Medical Certificate.
94
BANGLADESH BAR COUNCIL
RELIEF FUND RULES
95
4. All Advocates on the Roll of the Bar Council shall pay
Tk.100.00 (one hundred) 1 only as yearly contribution in
advance so as to reach the Bar Council office before 31st day
of December of the preceding English Calendar year.
5. Every person on his enrolment as an Advocate shall have to
pay the contribution to the Fund and thereafter he shall have
to pay his annual contribution according to rule 4 through
the Secretary of his/her Bar Association or directly.
6. An Advocate who is a member of the Supreme Court Bar
Association or who is an Advocate under Rule 73A of the
Bar Council shall pay the contribution to the Relief Fund of
the Bar Council by Bank Draft or Pay Order or in cash by
depositing the contribution in the collection account of the
Bar Council in a Bank the name of which may be ascertained
from the Bar Council office.
7. A register of contributors and donors shall be maintained by
the Bar Council.
8. (a) The Bar Council may invest any portion of the Fund in
such manner as it may think proper for augmenting
corpus of the Fund.
(b) No portion of this Fund shall be utilized for any purpose
other than those specified in these rules.
1
Subs. by Gazette Notification dt. Dec. 18, 1997.
2
Deleted by Gazette Notification dt. May 22, 1988.
3
Added by Gazette Notification dt. May 22, 1988.
96
11. A disabled Advocate or the distressed family of a deceased
Advocate may apply to the Bar Council through the Bar
Association of which such advocate is/was a member in the
prescribed form duly certified by a medical practitioner
acceptable to the Bar Council, in cases the claim is for total
or partial disablement, whether permanent or temporary, and
recommended by the Bar Association concerned. Any Bar
Association claiming assistance under these rules may apply
to the Bar Council direct along with a resolution of the con-
cerned Bar Association stating the reasons therein.
12. The Bar Council may call for such information and require
such particulars from the disabled Advocate, distressed
family of deceased Advocate or any Bar Association
claiming assistance from the Relief Fund as the Bar Council
may consider proper and necessary.
13. The Bar Council shall grant out of the Relief Fund to any
disabled Advocate or to any distressed family of a deceased
Advocate or to any Bar Association such amount of money
as the Bar Council may in its discretion consider proper and
necessary.
14. The grant made by the Bar Council under these rules may be
in the form of loan or outright lump-sum grant or in such
other manner as the Bar Council may decide
TEMPORARY PROVISIONS
15. Assistance from the Relief Fund for the first three years of
its operation shall be limited to helping any disabled
Advocate or distressed family of a deceased Advocate.
97
BANGLADESH BAR COUNCIL
2. Father's name :-
3. Date of Enrolment :-
6. Present age
:-
7. Medical certificate from M.B.B.S Doctor if
distress is caused due to ill health :-
Date:- SECRETARY
____________Bar Association.
P.O.______________________
District____________________
98
RULES FOR
REGISTRATION OF ADVOCATES CLERKS
1. The expression "Registered Clerk" means a Clerk who is
employed by an advocate in connection with his legal
business and who is registered under these rules.
2. Each Bar Association shall be the Registering Authority in
the case of Clerks of Advocates of that Association. The Bar
Association may act through its Executive Committee or
through a smaller committee at least of 3 members duly
authorized by the Bar Association for the purpose.
3. Each Bar Association will prepare and maintain a register of
Advocates Clerk in Form "A" in which shall be entered the
names of-
(a) all persons who were registered and whose cards were
renewed as such by the Registering Authority
immediately before the date on which the Legal
Practitioners and Bar Council Act, 1965 come into force;
and
(b) all persons who are registered as such after that date
including those who are registered as such after the
present Rules have come into force.
4. All new entrants must have passed the Matriculation or
equivalent Examination.
5. (1) An application for registration of a Clerk may be made
in plain paper to the Bar Association concerned
(Registering Authority) by the person desiring to be
employed as a Registered Clerk accompanied by a
Certificate from the Advocate who desire to employ the
Registered Clerk for the purpose of his bonafide legal
business.
(2) Such application shall contain -
(a) The Matriculation certificate or certificate showing
that the Clerk has passed an equivalent examination;
(b) Character certificate from two responsible persons;
99
(c) A statement by the proposed Clerk in his own hand
writing supported by affidavit that he is willing to be
taken in as a Registered Clerk of the Advocate
concerned and that he will employ himself
exclusively in the service of the Advocate;
(d) Permanent and present address;
(e) Date of birth;
(f) Father's name.
100
(iii) Father's name;
(iv) Present and permanent address.
12. Each Bar Association shall pay within 30 days of the close
of a calendar year to the Bangladesh Bar Council a sum of
equal to 40 percent of the total sum received by it as
registration or renewal fees during that year.
13. Each Registering Authority shall maintain individual
personal file of each Registered Clerk.
14. Each Registering Authority shall submit an annual return to
the Bangladesh Bar Council showing the total number of
Registered Clerk in the Register by the 31st January each
year, provided that the first return must reach the Bangladesh
Bar Council within two months of enforcement of the
present Rules. The annual return shall also contain the
number of misconduct cases pending or disposed of against
the registered clerks.
15. The present rules which shall replace the old will come into
force with immediate effect.
101
FORM A
REGISTER OF REGISTERED CLERKS OF ADVOCATES
....................... BAR ASSOCIATION
FORM B
FORM OF CARD FOR ADVOCATES' CLERKS
Registered Clerks Card No......
Not Transferable
No.__________________ to correspond
With No._____________ in Register
102
RULES RELATING TO THE HEARING OF COMPLAINT
AGAINST ADVOCATES' CLERK FRAMED BY THE
BANGLADESH BAR COUNCIL (VIDE RULE NO. 10 )
103
RULES RELATING TO THE HEARING OF APPEALS BY
THE EXECUTIVE COMMITTEE OF THE
BANGLADESH BAR COUNCIL (VIDE RULE 11)
104
BANGLADESH BAR COUNCIL
CANONS OF PROFESSIONAL CONDUCT
AND ETIQUETTE
[Framed in exercise of the power conferred on the Bangladesh
Bar Council by Section 48(q) of the Legal Practitioners & Bar
Council Act, 1965 and adopted by a resolution of the Bar
Council on the 5th January, 1969.] [ vide Article 44(g)]
106
respect of matters not sub-judice before the judge or judicial
officer concerned.
107
CHAPTER II
108
8. An Advocate in his professional capacity shall not advise the
violation of any law. This rule shall not apply to advice
given in good faith, that a law is invalid.
109
In fixing fees, it should never be forgotten that the profession
is a branch of the administration of justice and not a mere
money making trade.
CHAPTER -III
111
3. An Advocate shall not intentionally misquote to a judge,
judicial officer or jury the testimony of a witness, the
argument of the opposing Advocate or the contents of a
document; nor shall he intentionally misquote to a judge or
judicial officer the language of a book, statute or decision;
nor shall he, with knowledge, of its invalidity and without
disclosing such knowledge, cite as authority a decision that
has been overruled or a statute that has been repealed or
declared unconstitutional.
112
7. It is the duty of Advocates to endeavour to prevent political
considerations from outweighing judicial fitness in the
appointment and selection of Judges. They should protest
earnestly and actively against the appointment or selection of
persons who are unsuitable for the Bench and thus should
strive to have elevated thereto only those willing to forego
other employments whether of a business, political or other
character, which may embarrass their free and fair
consideration of questions before them for decision. The
aspiration of Advocates for judicial position should be
governed by an impartial estimate of their ability to add
honour to the office and not by a desire for the distinction
the position may bring to themselves.
CHAPTER IV
CONDUCT WITH REGARD TO THE
PUBLIC GENERALLY
114
Advocate will find his highest honour in a deserved
reputation for fidelity to private trust and to public duty as
an honest man and as a patriotic and loyal citizen.
115
[Published in the Bangladesh Gazette dated 13th July, 1995]
BANGLADESH BAR COUNCIL
SPECIAL FUND RULES
118
10. All entries in the cash book shall be checked by the
Secretary of the project item by item with reference to the
receipts and vouchers, and attested in token of check. The
cash book shall be signed by the Secretary daily.
11. At the end of each month, the balance sheet shall be struck
and the closing balance verified with reference to the bank
pass book.
13. Except for such grants that may be made from the general
fund, the special funds for CLEP will not form part of the
annual budget of the Bar Council, nor the payment of
salaries, remuneration, honorarium and other expenses made
or incurred on account of the project be a liability on the Bar
Council general fund or on its annual budget.
14. All appointments as are given for CLEP project by the Legal
Education Committee for running CLEP project will be
treated as temporary not being on the pay roll of the
Bangladesh Bar Council and their appointment, terms and
conditions will not be governed by the general Rules as are
applicable to the officers and employees of the Bar Council.
119
OFFICE OF THE BANGLADESH BAR COUNCIL
BAR COUNCIL BHABAN,RAMNA,DHAKA
Examination For Enrolment As Advocate: Time 4 Hours
SYLLABUS
Examinations for enrolment as Advocates
Total Marks-100
6(six) questions to be answered taking one from each Group
Time- 4 hours
GROUP-A: CIVIL PROCEDURE CODE, 1908 (Marks-16)
Section 2 : Definition
Sections 9 to 12 : Jurisdiction and Res Judicata
Sections 15 to 20 : Place of Suing
Sections 22 to 24 : Power of transfer of suits
Sections 38, 39 & 48 : About Execution of decree
Sections 96,97,104,105 & 107: Appeal from decree
Order (See Order 41, Rules 1 to 6 and Order 43
Rule 1)
Section 114; Review (See Order 47 Rule 1)
Section 115 : Revision
Section 144 : Restitution
Section 151 : Inherent Power of Court
Order 6 Rule 17: Amendment of pleadings
Order 7 Rules 1 to 15 : Plaint
Order 8 Rules 1 to 8 :Written Statement and set off
Order 23 Rules 1 to 3 :Withdrawal & adjustment
Order 38 Rules 5 to 12 : Attachment before
judgment
Order 39 Rules 1 to 4: Temporary injunction
Order 40 Rule 1: Appointment of Receiver.
GROUP-B: SPECIFIC RELIEF ACT, 1877 (Marks-16)
Section 9 : Suit for possession
Sections 12 to 17 : Contracts which may be
specifically enforced
Sections 21 & 22 : Contracts not specifically
enforced and discretion of court
Sections 39 & 40 : Cancellation of instrument
Section 42 : Declaration of status or right
Section 45 : Power to order to do specific acts.
Sections 52 to 57 : Injunctions.
120
GROUP-C: CRIMINAL PROCEDURE CODE, 1898 (Marks-16)
Section 4 : Definitions
Section 6 : Classes of criminal courts
Sections 9,10,12, & 14 : Court of Session, District
Magistrate, Subordinate
Magistrate & Special
Magistrates
Sections 107 to 110 : Security for keeping the peace
and for good behavior
Section 144 : Temporary order in urgent cases.
Sections 145 & 146 : Dispute as to immovable
property
Sections 154 & 155: Information in cases
Sections 172 & 175 : Diary investigation,
Report of police officer
Sections 200 to 205 :Complaints to Magistrates &
Commencement of Proceeding.
Sections 241 to 249 : Trial of summons cases.
Sections 404 to 410, 412 to 414, 417 to 420:
Appeals.
Sections 435, 436, 438, 439 and 439A: Reference
and revision
Section 476: Procedure in cases in section 195
Section 488 :Order for maintenance of wives and
children
Sections 496 to 498 and 498A : Bail
Sections 526, 526B and 528 : Transfer of cases
NOMINATION FORM
To
The Secretary,
Bangladesh Bar Council
Bar Council Bhaban,
Ramna, Dhaka.
Dear Sir,
Yours faithfully,
1. ________________________________ _____________
2. ________________________________ _____________
3. ________________________________ _____________
123
AGREEMENT OF PUPILAGE FOR PERMISSION TO
PRACTISE IN THE HIGH COURT DIVISION
125
THE BANGLADESH LEGAL PRACTITIONERS
AND BAR COUNCIL ORDER
AND RULES, 1972
With
* Benevolent Fund & Relief Fund Rules,
* Rules for Registration of Advocates’ Clerks,
* Special Fund Rules
And
* Canons of Professional Conduct & Etiquette
126