LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973

LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973
[ACT XXXV OF 1973]

An Act to repeal and, with certain modifications, re-enact the law relating to legal
practitioners and bar councils
The following Act of the National Assembly received the assent of the President on
the 22nd February, 1973, and is hereby published for general information:-
Whereas it is expedient to repeal and, with certain modifications, re-enact the law
relating to Legal Practitioners and Bar Councils and to provide for certain incidental and
ancillary matters;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.--(1) This Act may be called the Legal
Practitioners and Bar Councils Act, 1973.
(2) It shall come into force at once.
1[1A. Overriding effect.--The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.]
2. Definitions.--ln this Act, unless there is anything repugnant in the subject or
context,--
2[(a) "Advocate" means an advocate entered in any roll under the provisions of this
Act;]
(b) "Bar Council" means a Bar Council constituted under this Act;
(c) "Common roll" means the common roll of advocates of the High Court or, as
the case may be, the common roll of other advocates prepared and
maintained by the Pakistan Bar Council under this Act;
3[(cc) Omitted];
1. Inserted vide Legal Practitioners & Bar Councils (Amendment) Act, (Act No. XII of 2005).
2. The original clause (a) of Section 2 reads as under:--
(a) "advocate" means an advocate entered in any roll under the provisions of this Act".
It was substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 2, with effect from 2.3.1985:--
“(a) “advocate” means an advocate whose name is for the time being entered in the Roll of Senior
Advocates, Roll of Advocates or Roll of Advocates-on-Record of the Supreme Court under the rules of
the Supreme Court or in the roll of Advocates of a High Court under this Act”;
It was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987) Section 2, with effect from 25.8.1978.
3. Omitted through Act No. XII of 2005, Section 3.
Legal Practitioners & Bar 2 Councils Act, 1973
(d) "High Court", in relation to a Provincial Bar Council, means the High Court of
the Province or Provinces, as the case may be, for which that Council is
constituted;
4[(e) "legal practitioner" means an Advocate;]
5[(ee) "member" in relation to a Bar Council, does not include the Chairman thereof;]
(f) "Pakistan Bar Council" means the Bar Council, constituted for Pakistan, under
Section 11;
(g) "prescribed" means prescribed by rules made under this Act;
6[(h) "Provincial Bar Council" in relation to a Province, means the Provincial Bar
Council constituted for that Province;]
(i) "Provincial roll" means a roll of advocates of the High Court or, as the case
may be, a roll of advocates prepared and maintained by a Provincial Bar
Council under this Act;
(j) "revenue office" includes all Courts (other than Civil Courts) trying suits under
any law for the time being in force relating to land-holders and their tenants or
agents;
(k) "roll" means the roll of advocates maintained by a Bar Council;
7(kk) "roll of group of districts" means a roll of advocates of a High Court and a roll
of the Advocates practicing in the districts of the group, as mentioned in the
Schedule, prepared and maintained by a Provincial Bar Council;
(l) "subordinate Court" means a Court subordinate to the High Court;
(m) "tout” means a person--
(i) who procures, in consideration of any remuneration moving from any
legal practitioner, the employment of the legal practitioner in any legal
business; or who proposes to any legal practitioner or to any person
interested in any legal business to procure, in consideration of any
remuneration moving from either of them, the employment of the legal
practitioner in such business; or
(ii) who, for the purposes of such procurement, frequents the precincts of
Courts or of revenue offices, or railway stations, landing stages, lodging
places or other places of public resort;
(n) "Tribunal", in relation to a Bar Council, means a Tribunal constituted by it
under this Act; 8[and]
9[(o) "voter” means:--
4. Sub. Through Act No. XII of 2005.
5. Inserted, through Ordinance No. XL of 1978, Section 2(b).
6. Substituted, ibid, Section 2(c) for the following:
"(h) "Provincial Bar Council" in relation to a Province, other than the Provinces of Sindh and Baluchistan,
means the Provincial Bar Council constituted for that Province, and in relation to the Provinces of Sindh and
Baluchistan the common Bar Council constituted for the two Provinces under this Act".
7. Inserted through Act No. XII of 2005.
8. Added through Act No. XII of 2005.
9. Added through Act No. XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 3
(i) in relation to election to a Provincial 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 the
concerned Provincial Bar Council.]
CHAPTER II
CONSTITUTION AND INCORPORATION OF BAR COUNCILS
3. Constitution and incorporation of Bar Councils.--(1) There shall be constituted
in accordance with the provisions of this Act.-
(i) a Bar Council for Pakistan to be known as the Pakistan Bar Council; 10[and]
11[(ii) a Bar Council for each Province to be known as the Bar Council of the
Province concerned.]
(2) Every Bar Council shall be a body corporate having perpetual succession and a
common seal with power to acquire and hold property, both movable and immovable, and to
contract, and shall by the name by which it is known sue and be sued.
4. Term of Bar Council.—12[The] term of every Bar Council shall be 13[five] years
beginning on the first day of January following the general elections to the Provincial Bar
Councils; and at the end of each term the members of the Bar Council shall cease to hold
office:
14[Provided that the next elections of the Provincial Bar Councils shall be held
between the 1st October, 2009 and the 31st of December, 2009 and the term of the next
Provincial Bar Council shall commence from the Ist January, 2010.]
10. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978)
Section 3(a), with effect from 12.10.1978.
11. Substituted, ibid, Section 3(b), for the following:--
"(ii) a Bar Council for each Province, other than the Provinces of Sindh and Baluchistan to be known as the
Bar Council of the Province Concerned; and
(iii) a Bar Council for the Provinces of Sindh and Baluchistan, to be known as the Sindh and Baluchistan
Bar Council".
12. The word "The" was substituted for the words, figures and comma "Save as provided in Section 65 in respect
of the existing Bar Council, “the” by the Legal Practitioners & Bar Councils (Amendment) Ordinance, 1982
(Ordinance XVII of 1982), Section 2(a), w.e.f. 15.7.1982.
13. By the Legal Practitioners and Bar Councils (Amendment) Act, 1976 (Act LXVII of 1976) Section 2, the word
"three" was substituted by the word “four", with effect from 4.12.1976, and thereafter the word "four" was
substituted by the word "five", with effect from 15.7.1982, through the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 2(b).
14. The original proviso to Section 4 reads:
"Provided that the term of every Bar Council constituted for the first time under this Act shall be for the
remainder period of the term of three years beginning on the first day of January, 1973".
It was firstly amended through the Legal Practitioners and Bar Councils (Amendment) Act, 1975 (Act LXX of
1975) Section 2, (with effect from 22.11.1975) by substituting the word, comma and figure "expire on the thirty
Legal Practitioners & Bar 4 Councils Act, 1973
CHAPTER III
PROVINCIAL BAR COUNCILS
5. Composition of Provincial Bar Councils.--(1) Each Provincial Bar Council shall
consist 15[of:--]
16[(a) the Advocate-General of the Province Ex-officio; and]
(b) such number of 17[....] members as may be elected by the Advocates on the
Provincial roll from amongst themselves.
18[(2) The number of members to be elected to the Provincial Bar Councils shall be
as follows:--
(a) Punjab Bar Council ...... 75
Sindh Bar Council ...... 33
N.W.F.P. Bar Council ...... 28
Balochistan Bar Council ...... 07; and
(b) the district-wise allocation of seats referred to in clause (a) for respective
Provincial Bar Councils, shall be in accordance with the Schedule annexed
hereto.]
19[(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 annexed hereto, shall constitute the electoral college].
20[(3) Omitted].
(4) At an election of the members of a Provincial Bar Council an advocate shall have
as many votes as the number of members to be elected from the 21[district, or as the case
may be, the group of districts] concerned.
day of December 1976" for the words comma and figure "be for the remainder period of the term of three
years beginning on first day of January, 1973".
The proviso then again was amended by the Legal Practitioners and Bar Councils (Second Amendment) Act,
1976 (Act LXVII of 1976) Section 3(b), with effect form 4.12.1976, substituting the figure "1977" for the figure
"1976".
The above-said amended proviso was again amended through the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1977 (Ordinance XLVII of 1977) Section 2, with effect from 31.12.1977. Present text
was substituted by Act No. XII of 2005.
15. Substituted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance No. XL of
1978) Section 4(1)(a), with effect from 12.10.1978, for the comma.
16. Substituted, ibid, Section 4(1)(b), for the following:--
"(a) In the case of a Bar Council for a Province, other than the Provinces of Sindh and Baluchistan, of the
Advocate-General for the Provinces, and, in the case of the Bar Council for the Provinces of Sindh and
Baluchistan, the Advocate-General for Sindh and The Advocate-General for Baluchistan, ex-officio".
17. The word “other” was omitted, ibid, Section 4(1)(c).
18. Substituted through Act No. XII of 2005.
19. Substituted by the Legal Practitioners and Bar Councils (Amendment) Act,2005 (Ordinance XII of 2005).
20. Omitted through Act No. XII of 2005.
21. Sub. for the word "Division" vide Act No. XlI of 2005.
Legal Practitioners & Bar Councils Act, 1973 5
22[(5) A member may resign his office by writing under his hand addressed to the
Chairman of the Council].
18[(6) Omitted]
Explanation: If any question arises whether an advocate is or is not, for the
purposes of this Section, practicing generally in a district, it shall be referred to the Advocate-
General for the Province concerned, whose decision thereon shall be final.
23[5A. Qualifications for membership of a Provincial Bar Council.--A person
shall be qualified to elected as a member of a Provincial Bar Council if he:-
24[(a) is on the roll of advocates of High Court maintained by the Provincial Bar
Council, and]
(b) has, on the day of filing of the nomination paper, been an advocate for not
less than 25[ten] years; and
(c) has cleared all the dues payable by him to the Provincial Bar Council.
5B. Disqualifications for membership of a Provincial Bar Council.--A person
shall be disqualified to be elected as a member of a Provincial Bar Council if he--
(a) was dismissed or removed from the service of Government or of a public
statutory corporation; or
(b) has been convicted for an offence involving moral turpitude; or
(c) has been found guilty of professional misconduct; or
(d) has been declared a tout; or
(e) is an undischarged insolvent.
5C. Cessation of membership of Provincial Bar Council.--A member of a
Provincial Bar Council shall cease to be such member if he--
(a) is appointed to an office of profit in the service of Pakistan; or
(b) is suspended or removed from practice under the provisions of Chapter VII; or
(c) incurs any of the disqualifications specified in Section 5B.]
6. Chairman and Vice-Chairman of Provincial Bar Council.--(1) There shall be a
Chairman and a Vice-Chairman of each Provincial Bar Council.
22. Sub-sections (5) and (6) were added, through the Legal Practitioners and Bar Councils (amendment)
Ordinance, 1978 (Ordinance No. XL of 1978) Section 4(5), with effect from 12.10.78, but by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), the sub-section (6),
which reads as under, was omitted with effect from 15.7.82:
"(6) A member shall cease to be a member if he is appointed to an office of profit in the service of Pakistan or
is suspended or removed from practice under the provisions of Chapter Vll".
23. With effect from 15.7.1982, new Sections 5-A, 5-B and 5-C were inserted by the Legal Practitioners and Bar
Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 4.
24. Substituted through Act No. XII of 2005.
25. Word “ten” is substituted for the word “seven” through Act No. XII of 2005.
Legal Practitioners & Bar 6 Councils Act, 1973
26[(2) The Advocate-General for a Province shall be the Chairman of the Provincial
Bar Council for that Province.
(2A) If a member of a Provincial Bar Council is appointed as the Attorney-General
for Pakistan or as the Advocate-General for a Province, his seat in the Council shall become
vacant].
(3) The Vice-Chairman of each Provincial Bar Council shall be elected in the
prescribed manner by the members of that Council from amongst themselves.
(4) Subject to the provisions of sub-section (8), the election of the Vice-Chairman
shall be held as soon as may be after the commencement of every year and in any case not
later than the thirty-first day of January.
(5) Subject to the provisions of sub-sections (6) and (7), the Vice-Chairman shall
hold office 27[until his successor enters upon his office].
(6) A Vice-Chairman may resign his office by writing under his hand addressed to
the Chairman.
(7) A Vice-Chairman shall cease to hold his office if he is appointed to an office of
profit in the service of Pakistan or is suspended or removed from practice under the
provisions of Chapter VII.
(8) Where the office of a Vice-Chairman becomes vacant, an election to the
vacant office shall be held within thirty days of the office becoming vacant. .
(9) The Chairman and Vice-Chairman shall have such powers and functions as may
be prescribed.
7. Time of holding elections to a Provincial Bar Council.--Elections to a
Provincial Bar Council shall be held so as to conclude on or before the thirtieth day of
November in the year in which the term of the Provincial Bar Council expires:
Provided that-
(a) elections to the first Provincial Bar Councils to be constituted under this Act
shall be held so as to conclude; and
(b) the first Provincial Bar Councils to be constituted under this Act shall be
constituted, on such day as the Federal Government may, by notification in
the official Gazette, specify.
8. Election to Provincial Bar Council not to be questioned on certain
grounds.--No election of a member to a Provincial Bar Council shall be called in question on
26. Substituted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of
1978) Section 5, with effect from 12.10.1978, for the following:--
"(2) In the case of the Provincial Bar Council for the Provinces of Sindh and Baluchistan, the senior of the
Advocate-General for those Provinces according to the respective dates of their appointment as such, and, in
the case of the Provincial Bar Council for any other Province, the Advocate-General for that Province, shall be
the Chairman of the Provincial Bar Council".
27. Substituted for the words "till the thirty first day of December in the year in which he assumes office", by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 5, with
effect from 15.7.1982.
Legal Practitioners & Bar Councils Act, 1973 7
the ground merely that due notice thereof has not been given to any person entitled to vote
thereat, if notice of the date, has not less than thirty days before that date, been published in
the official Gazette.
9. Functions of a Provincial Bar Council.--(1) Subject to the provisions of this Act
and the rules made thereunder, the functions of a Provincial Bar Council shall be--
(a) to admit persons as advocates on its roll; to hold examinations for purposes of
admission; to prepare and maintain a roll of such advocates 28[of the province
as well as of each 29[district]; and to remove advocates from such roll;
(b) to admit persons as advocates entitled to practice before the High Court and
to prepare and maintain a roll of such advocates;
(c) to entertain and determine cases of misconduct against advocates on its rolls
and to order punishment in such cases;
(d) to safeguard the rights, privileges and interests of advocates on its rolls,
including initiation of measures for fair and in-expensive dispensation of
justice by the subordinate Courts and tribunals;
(e) to promote and suggest law reform;
(f) to manage and administer the property and funds of the Provincial Bar
Council and to invest any of its funds;
(g) to conduct the election of its members;
30[(h) to prescribe conditions for the recognition and functioning of, and to recognise
and derecognise, Bar Associations];
(i) to perform all other functions conferred on it by or under this Act 31[and to
comply with directions given to it by the Pakistan Bar Council from time to
time]; and
(j) to do all other things necessary for discharging the aforesaid functions.
(2) A Provincial Bar Council may, in accordance with the rules framed by it, and
within the limits of the funds at its disposal for that purpose, make free legal aid available to
indigent litigants.
10. Committees of Provincial Bar Council.--(1) A Provincial Bar Council shall
constitute the following standing Committees, namely:-
(a) an executive Committee consisting of a Chairman and not more than five
other members, to be elected by the Council from amongst its members;
32[... ]
28. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978)
Section 6, with effect from 12.10.1978).
29. Substituted for the word “Division” through Act No. XII of 2005.
30. Substituted for the following through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982
(Ordinance XVII of 1982) Section 6 (a), with effect from 15.7.1982:
"(h) to prescribe conditions for the recognition of, and to recognise, Bar Association".
31. Inserted, ibid, Section 6(b).
32. The word "and" was omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982,
(Ordinance XVII of 1982) Section 7(a), with effect from 15.7.1982.
Legal Practitioners & Bar 8 Councils Act, 1973
33[(aa) a disciplinary Committee consisting of not more than five members to be
elected by the Council from amongst its members; and]
(b) one or more enrolment committees, each consisting of a Judge of the High
Court for the Province, 34[….] nominated by the Chief Justice of that High
Court, who shall be its Chairman, and two other members elected by the
Council from amongst its members.
(2) Each of the aforesaid committees shall have such powers and functions as
may be prescribed.
(3) A Provincial Bar Council may constitute, from amongst its members such
other Committees as it may deem necessary for the performance of its functions under this
Act, and may authorise any such committee to co-opt as its members any other persons, not
exceeding such number as the Council may determine.
(4) The Chairman of every committee shall be entitled to vote and; in case of
equality of votes among the members of the committee, shall have a second vote.
CHAPTER IV
THE PAKISTAN BAR COUNCIL
35[11. Composition of Pakistan Bar Council.--(1) The Pakistan Bar Council shall
consist of the Attorney General for Pakistan, ex-officio, and twenty members, who shall be
33. Inserted, ibid, Section 7(b).
34. The words "or Provinces, as the case may be" were omitted, ibid, Section 7(c).
35. The original Section 11 reads as under:--
"11. Composition of Pakistan Bar Council.--(1) The Pakistan Bar Council shall consist of the Attorney-
General for Pakistan, ex-officio, and twenty [other] members, who shall be elected on the basis of a single
transferable vote, by the members of the Provincial Bar Councils for the Provinces of North-West Frontier, the
Punjab, Sindh [and] Baluchistan.
(2) A member of a Provincial Bar Council who is elected to be a member of the Pakistan Bar Council shall
[not, by reason of such election] cease to be a member of the Provincial Bar Council".
By the Legal Practitioners and Bar Councils (Amendment) Act, 1973 (Act) XXXVI of 1973) Section 3, the
following new sub-section (3) was added to Section 11, with effect from 9.6.1973:--
"(3) No election of a member to the Pakistan Bar Council shall be called in question on the ground merely that
due notice thereof has not been given to any person entitled to vote thereat, if the notice of the date has, not
less than thirty days before that date, been published in the official Gazette".
Section 11 was further amended through the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1978 (Ordinance XL of 1978) Section 7, with effect from 12.10.78, as follow:-
(1) In sub-section (1):
(a) the word "other" was omitted;
(b) for the word "and" occurring for the second time a comma was substituted; and
(c) for the full-stop at the end a colon was substituted and thereafter the following proviso was added:
"Provided that the Chairman of a Provincial Bar Council shall not be elected to be a member of the Pakistan
Bar Council"
(2) In sub-section (2) the words and commas "not; by reason of such election" , were omitted; and
(3) After sub-section (3), the following new sub-sections were added:
(4) A member may resign his office by writing under his hand addressed to the Chairman of the Council.
Legal Practitioners & Bar Councils Act, 1973 9
elected on the basis of a single transferable vote by the members of the Provincial Bar
Councils as hereinafter specified:-
Baluchistan ...................................................................1
The North-West Frontier Province .................................36[4]
The Punjab ...................................................................11
Sindh ............................................................................6
37[(1A) The members of Pakistan Bar Council shall be elected by single transferable
vote from each province by the members of their respective Provincial Bar Council.]
(2) A member of a Provincial Bar Council who is elected to be a member of the
Pakistan Bar Council shall cease to be a member of the Provincial Bar Council.
(3) No election of a member to the Pakistan Bar Council shall be called in question
on the ground merely that due notice thereof has not been given to any person entitled to
vote thereat, if the notice of the date has, not less than thirty days before that date, been
published in the official Gazette.
(4) A member may resign his office by writing under his hand addressed to the
Chairman of the Council.
38[(5) …… Omitted]
39[11A. Qualifications for membership of Pakistan Bar Council.--A person shall
be qualified to be elected as a member of the Pakistan Bar Council if he--
(a) is on the roll of Advocates of the Supreme Court maintained by the Pakistan
Bar Council;
(b) has, on the day of the filling of the nomination paper, been an Advocate for
not less than 40[fifteen] years; and
(5) A member shall cease to be a member if he is appointed to an office of profit in the service of
Pakistan or is suspended or removed from practice under the provisions of Chapter VII".
By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section
8, sub-section (1) was substituted by the following with effect from 15.7.1982:-
"(1) The Pakistan Bar Council shall consist of the Attorney-General for Pakistan, ex-officio, and twenty
members, who shall be elected on the basis of a single transferable vote by the members of the Provincial
Bar Councils as hereinafter specified:-
Baluchistan ..................................................................... 1
The North West Frontier Province ................................. 2
The Punjab ..................................................................... 11
Sindh .............................................................................. 6
(1A) In addition to the members referred to in sub-section (1), there shall be in the Pakistan Bar Council two
members to be co-opted by the Council from amongst persons who have been Advocates of the Supreme
Court for a period of not less than fifteen years and are qualified to be members of the Council".
36. Substituted for the figure “2” vide Act No. XII of 2005.
37. Present sub-section (1A) was inserted through the Legal Practitioners and Bar Councils (Amendment) Act,
2005 (Act XII of 2005).
38. Sub-section (5) was omitted, vide Ordinance No. XVII of 1982 as above.
39. Sections 11A, 11B and 11C were inserted by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 9, with effect from 15.7.1982.
40. Substituted for word “ten” vide Act No. XII of 2005.
Legal Practitioners & Bar 10 Councils Act, 1973
(c) has cleared all the dues payable by him to the Pakistan Bar Council.
11B. Disqualifications for membership of Pakistan Bar Council.--A person shall
be disqualified to be elected as a member of the Pakistan Bar council if he--
(a) was dismissed or removed from the service of Government or of a public
statutory corporation; or
(b) has been convicted for an offence involving moral turpitude; or
(c) has been found guilty of professional misconduct; or
(d) has been declared a tout; or
(e) is an undischarged insolvent.
11C. Cessation of membership of Pakistan Bar Council.--A member of the
Pakistan Bar Council shall cease to be such member if he-
(a) is appointed to an office of profit in the service of Pakistan; or
(b) is suspended or removed from practice under the provisions of Chapter VII; or
(c) incurs any of the disqualifications specified in Section 11B].
12. Chairman and Vice-Chairman of the Pakistan Bar Council.--(1) The Attorney-
General for Pakistan shall be the Chairman, ex-officio, of the Pakistan Bar Council.
41[(1A) If a member of the Pakistan Bar Council is appointed as the Attorney-General
for Pakistan or as the Advocate-General for a Province, his seat in the Council shall become
vacant].
(2) There shall be a Vice-Chairman of the Pakistan Bar Council who shall be elected
in the prescribed manner by the members of that Council from amongst themselves.
(3) Subject to the provisions of sub-section (7), the election of the Vice-Chairman
shall be held as soon as may be after the commencement of every year and in any case not
later than thirty-first day of January.
(4) Subject to the provisions of sub-sections (5) and (6), the Vice-Chairman shall
hold office 42[until his successor enters upon his office].
(5) A Vice-Chairman may resign his office by writing under his hand addressed to
the Chairman.
(6) A Vice-Chairman shall vacate his office if he is appointed to an office of profit in
the service of Pakistan or is suspended or removed from practice under the provisions of
Chapter VII.
41. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, (Ordinance XL of 1978)
Section 8, with effect from 12.10.1978.
42. Inserted, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 10, with effect from 15.7.1982, for the words "till the thirty-first day of December in the year in
which he assumes office".
Legal Practitioners & Bar Councils Act, 1973 11
(7) Where the office of a Vice-Chairman becomes vacant, an election to the vacant
office shall be held in the manner prescribed under sub-section (2), within thirty days of the
office becoming vacant.
(8) The Chairman and the Vice-Chairman shall have such powers and functions as
may be prescribed.
13. Functions of the Pakistan Bar Council.--43[(1)] Subject to the provisions of this
Act and the rules made thereunder, the functions of the Pakistan Bar Council shall be.—
(a) to prepare and maintain a common roll of advocates;
44[(b) to admit persons as advocates entitled to practise before the Supreme Court
and to prepare and maintain a roll of such advocates and to remove
advocates from such roll;
(c) to entertain and determine cases of misconduct against advocates of the
Supreme Court and to award punishment in such cases;]
(d) to lay down standard of professional conduct and etiquette for advocates;
(e) to lay down the procedure to be followed by its Committees;
(f) to safeguard the rights, privileges and interests of advocates including
initiation of measures for fair and inexpensive dispensation of justice by the
subordinate Courts and tribunals;
(g) to promote and suggest law reform;
(h) to deal with and dispose of, and to tender advice in relation to any matter
arising under this Act which may be referred to it by a Provincial Bar Council;
(i) to exercise general control and supervision over the Provincial Bar Councils
45[and to issue directions to them from time to time].
(j) to promote legal education and prescribe standards of such education in
consultation with the universities in Pakistan and the Provincial Bar Councils;
(k) to recognize universities whose degree in law shall be a qualification for
enrolment as an advocate;
43. Section 13 was re-numbered as sub-section (1) of that Section with effect from 15.7.82 vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) Section 11, and new
sub-sections (2) and (3) were added. See foot note No. 38 also.
44. Clauses (b) and (c) of sub-section (1) of Section 13, read as under, were omitted by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 3, with effect from
2.3.1985:
"(b) to admit persons as advocates entitled to practise before the Supreme Court and to prepare and
maintain a roll of such advocates and to remove advocates from such roll;
(c) to entertain and determine cases of misconduct against advocates of the Supreme Court in relation to
proceedings in that Court and to award punishment in such cases;"
Through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 4 (a), the
present text of clauses (b) and (c) was inserted with effect from 25.8.1987.
45. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982)
Section 11(a)(i), with effect from 15.7.1982.
Legal Practitioners & Bar 12 Councils Act, 1973
(I) to manage and administer the property and funds of the Pakistan Bar Council,
and to invest any of its funds;
46[(la) to provide free legal aid;
(Ib) to hold conferences, seminars, moots, lectures, jurist conferences and other
meetings for promoting legal knowledge and learning in the legal profession;
(Ic) to prescribe conditions for the recognition and functioning of, and to recognise
and derecognise, the Supreme Court Bar Association or any Bar Association
at the national level;
(Id) to give directions in accordance with the provisions of this Act to the
Provincial Bar Councils in respect of the recognition, derecognition and
functioning of Bar Association];
(m) to perform all other functions conferred on it by or under this Act;
(n) to do all other things necessary for discharging the aforesaid functions.
47[(2) Any person aggrieved by an order or decision of a Provincial Bar Council, [the
Supreme Court Bar Association or a Bar Association at the national level] may, within thirty
days of such order or decision, prefer an appeal to the Pakistan Bar Council, whose decision
in such appeal shall be final].
48[(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908),
shall apply to appeals under sub-section (2)].
14. The first Pakistan Bar Council.--As soon as may be, after the constitution of
the Provincial Bar Councils under this Act, the first Pakistan Bar Council shall be constituted
in accordance with the provisions of Section 11.
15. Committees of the Pakistan Bar Council.--(1) The Pakistan Bar Council shall
constitute the following Committees, namely:--
(a) a disciplinary Committee consisting of a Judge of the Supreme Court
nominated by the Chief Justice of Pakistan, who shall be its Chairman, and
four other members elected by the Council from amongst its members:
46. Inserted, ibid, Section 11(a)(ii).
47. The following new sub-sections (2) and (3) were added to Section 13 on 15.7.82 by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 11(1):--
"(2) Any person aggrieved by an order or decision of a Provincial Bar Council may, within thirty days of such
order or decision, prefer an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final.
(3) The Pakistan Bar Council may at any time, of its own motion or otherwise, call for the record of any
proceeding which is pending before, or of any meeting which has been held by, a Provincial Bar Council or
Bar Association, for the purpose of satisfying itself as to the correctness, legality or propriety of anything done
therein, and may give such directions in relation thereto as the Pakistan Bar Council may think fit; and such
directions shall be binding both on the Provincial Bar Council or Bar Association concerned and the person to
whom it relates."
By the Legal Practitioners and Bar Councils (Amendment) Act, 1987, (Act VIII of 1987) Section 4(b), the
words "the Supreme Court Bar Association or a Bar Association at the national level" were inserted between
the words "Provincial Bar Council" and "may" in sub-section (2), with effect from 25-8-87.
48. Substituted, ibid, Section 4 (c), for sub-section (3), mentioned under foot note No. 38.
Legal Practitioners & Bar Councils Act, 1973 13
Provided that the Attorney-General for Pakistan shall not be a member
of the disciplinary Committee;
(b) an executive Committee consisting of seven members elected by the Council
from amongst its members; and
(c) an enrolment Committee consisting of a Judge of the Supreme Court
nominated by the Chief Justice of Pakistan, who shall be its Chairman, and
two other members elected by the Council from amongst it members.
(2) The Pakistan Bar Council may constitute from amongst its members such other
Committees, including a legal education Committee, as it may deem necessary for the
performance of its functions under this Act, and may authorize any such Committee to co-opt
as its members any other persons, not exceeding such number as the Council may
determine.
(3) The Chairman of every Committee shall be entitled to vote and, in case of
equality of votes among the members of the Committee, shall have a second vote.
CHAPTER V
GENERAL PROVISIONS RELATING TO BAR COUNCILS
16. Filling of casual vacancies.--If the seat of a member of a Bar Council becomes
vacant during the term of office of the Council,--
49(a) In case of the Pakistan Bar Council, the vacancy shall be filled by the person
who received in the last elections from the same province the highest number
of single transferable votes next after the member, the vacancy in whose seat
49. The Original clauses (a) and (b) of Section 16, read as under--
"(a) for filling a vacancy in the Pakistan Bar Council, the provisions of Section 11 shall apply mutatis
mutandis; and
(b) for filling a vacancy in a Provincial Bar Council, the provisions of Section 5 shall apply mutatis
mutandis".
These clauses were substituted by the following through the Legal Practitioners and Bar Councils
(Amendment) Act, 1975 (Act Lll of 1975) Section 2, with effect from 26.7.1975--
"(a) in the case of the Pakistan Bar Council, the vacancy shall be filled by a person elected in accordance
with the provisions of Section 11; and
(b) in the case of a Provincial Bar Council, the vacancy shall be filled by the person who received, in the
same election and from the same districts or, as the case may be, group of districts, the highest number
of votes next after the member the vacancy in whose seat is to be filled or if there be no such person by
a person eligible for election to that Council from the same district, as the case may be, group of
districts, who is co-opted by the Provincial Bar Council."
The above clauses were again substituted, with effect from 15.7.82, by the following vide Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 12:-
"(a) In the case of the Pakistan Bar Council, the vacancy shall be filled by a person who is co-opted by the
Pakistan Bar Council from amongst persons belonging to the same province to which the vacancy
relates who are qualified to be members of the Pakistan Bar Council; and
(b) in the case of a Provincial Bar Council, the vacancy shall be filled by a person who is co-opted by the
Provincial Bar Council from amongst persons belonging to the district or districts to which the vacancy
relates who are qualified to be members of the Provincial Bar Council."
Clauses (a) and (b) were again amended through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987) Section 5.
Clause (a) of Section 16 earlier brought about vide Act VIII of 1987 was substituted by the present one
through Act No. XII of 2005.
Legal Practitioners & Bar 14 Councils Act, 1973
is to be filled or if there be no such person then the vacancy shall be filled by
a person elected in accordance with the provisions of Section 11;
(b) in the case of a Provincial Bar Council, the vacancy shall be filled by the
person who received, in the same election and from the same district or, as
the case may be, group of districts, the highest number of votes next after the
member the vacancy in whose seat is to be filled, or if there be no such
person, by a person eligible for election to that Council from the same districts
or, as the case may be, group of districts, who is co-opted by the Provincial
Bar council].
17. Funds of Bar Councils.--(1) All sums received by a Provincial Bar Council as
enrolment fees or as grants, donations or subscriptions shall form part of the fund of that
Council and that fund, subject to the provisions of sub-section (2), shall be managed,
administered and utilized in such manner as may be prescribed.
50[(2) Every person applying for enrolment as an advocate or an advocate of the
High Court shall pay one-third of the prescribed fee to the Pakistan Bar Council and the
balance to the Provincial Bar Council concerned, in such manner as may be prescribed by
the Pakistan Bar Council].
(3) All sums received by the Pakistan Bar Council under sub-section (2) or as
enrolment fees, grants, donations or subscriptions shall form part of the fund of that Council
and that fund shall be managed, administered and utilized in such manner as may be
prescribed.
18. Accounts and Audit.--(1) Every Bar Council shall cause to be maintained such
books of accounts and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by an auditor who is a chartered
accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961),
at such times and in such manner as may be prescribed.
(3) As soon as the accounts of a Provincial Bar Council have been audited, that Bar
Council shall send a copy of such accounts, together with a copy of the report of the auditor
thereon, to the Pakistan Bar Council.
19. Vacancies in Bar Councils, etc., not to invalidate action taken.--No act done
by a Bar Council or any Tribunal or Committee thereof shall be called in question on the
ground merely of the existence of any vacancy in, or any defect in the constitution of, such
Council, Tribunal or Committee.
50. Originally framed sub-section (2) of Section 17 reads:
"(2) Every Provincial Bar Council shall within thirty days of the close of a financial year pay to the Pakistan Bar
Council a sum equal to [twenty] percent, of the total sum received by it during that financial year as enrolment
fees and fees for permission to practice before the High Court."
By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section
9, the word "twenty" appearing in original sub-section (2) was substituted by the words "thirty three and one
third"
The amended sub-section (2), as aforementioned, was substituted by the present text, vide the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) Section 13, with
effect from 15.7.1982.
Legal Practitioners & Bar Councils Act, 1973 15
20. Indemnity.--No suit or other legal proceedings shall lie against any Bar Council
or any Committee, Tribunal, member, 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 Act or the rules made
thereunder.
CHAPTER VI
ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTICE, SENIORITY,
PRE-AUDIENCE, ETC.
21. Classes of advocates.--There shall be the following four classes of advocates,
namely:-
(a) senior advocates of the Supreme Court;
(b) advocates of the Supreme Court 51[including advocates-on-record];
(c) advocates of the High Court; and
(d) other advocates.
22. Right of advocates to practice.--(1) Save as otherwise provided in this Act, no
person shall be entitled to practice the profession of law unless he is an advocate.
52[(2) Subject to the provisions of this Act and the Rules made thereunder,--
51. Added through Act No. XII of 2005.
52. The original sub-section (2) of Section 22 reads as under:
"(2) Subject to the provisions of this Act, the rules made thereunder and any other law for the time being in
force,--
(a) an advocate of the Supreme Court or a High Court shall be entitled as of right to practice throughout
Pakistan, and to appear, act and plead before any Court or tribunal in Pakistan; and
(b) any other advocate shall be entitled as of right to practice throughout the Province or Provinces for
which the Bar Council, on whose roll his name is entered, has been constituted, and to appear, act and
plead before any Court or tribunal in such Province or Provinces other than the High Court."
By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985), Section
4, for the original sub-section (2) of Section 22, as aforementioned, the following was substituted with effect
from 2.2.1985:--
"(2) Subject to Article 207 of the Constitution and the provisions of this act and the rules made thereunder, an
advocate shall be entitled as of right to practice,--
(a) in the case of an Advocate of the Supreme Court, in the Supreme Court, and in or before any High
Court or other Court, tribunal, person or authority who or which is legally authorized to take evidence:
and
(c) in the case of any other Advocate,--
(i) in the High Court of which he is an Advocate;
(ii) save as otherwise provided by sub-section (2-A) or by or under any other law for the time being in
force, in any other Court in Pakistan, including a High Court, and before any other tribunal or
person legally authorized to take evidence; and
(iii) before any other authority or person before whom such Advocate is by or under the law for the
time being in force entitled to practise.
(2A) Where rules have been made by any High Court regulating the conditions subject to which Advocates of
other High Courts may be permitted to practise in the High Court, such Advocates shall not be entitled to
practise therein otherwise than subject to such conditions."
Sub-section (2), as aforementioned, was again amended and substituted through the Legal Practitioners and
Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 6, with effect from 25.8.1987.
The present taxt of sub-section (2) of Section 22 was substituted through Act No. XII of 2005.
Legal Practitioners & Bar 16 Councils Act, 1973
(a) an advocate of the Supreme Court shall be entitled as of right to practice
throughout Pakistan and to appear, act and plead before any Court or
Tribunal or any Judicial authority in Pakistan;
(b) an advocate of a High Court shall be entitled as of right to practice throughout
Pakistan and to appear, act and plead before any Court, Tribunal or any
Judicial authority in Pakistan except the Supreme Court; and
(c) any other advocate shall be entitled as of right to practice throughout the
Province where he is enrolled to appear, act and plead before any Court,
Tribunal or any Judicial authority in such Province other than the High Court.
(2A) Where rules have been made by any High Court regulating the conditions
subject to which advocates of other High Courts may be permitted to practice in the High
Court, such advocates shall not be entitled to practice therein otherwise than subject to such
conditions].
(3) No advocate shall appear or act for any person in any Court or tribunal unless he
has been appointed for the purpose by such person by a document in writing signed by such
person or his recognized agent or some other person duly authorized by him to make such
appointment, and such document has been filed in such Court or tribunal:
Provided that nothing in this sub-section shall apply to-
(a) a public Prosecutor or any advocate appointed by the state; or
(b) an advocate when appearing on behalf of another advocate, if the advocate
so appearing has filed a memo of appearance:
Provided further that an advocate may be allowed to appear for an accused in
custody on his undertaking to file the document required under this sub-section.
53[23. Roll of advocates of the Supreme Court.--The Pakistan Bar Council shall
prepare and maintain a roll of advocates of the Supreme Court in which shall be entered the
names of all persons who are senior advocates or advocates including advocates-on-record,
entitled to practice in the Supreme Court.]
53. The original Section 23 reads as under:--
"23. Admission and enrolment of Advocates of the Supreme Court.--The Pakistan Bar Council shall
prepare and maintain a roll of advocates of the Supreme Court in which shall be entered the names of,--
(a) all persons who were as advocates, senior advocates or advocates on record, entitled to practice in the
Supreme Court immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates of the Supreme Court under the provisions of this Act."
By the Legal Practitioners and Bar Councils (Amendment) Ordinance. 1984 (Ordinance XVI of 1984), Section
2, the following proviso was added to Section 23, with effect from 23.5.1984:
"Provided that no person shall call himself, or hold himself out as an Advocate of the Supreme Court
until he has signed the roll of Advocates kept under the Rules of the Supreme Court, and the right of a person
to appear, act and plead before that Court shall be subject to the said Rules".
By the Legal Practitioners and Bar Councils (Amendment) Ordinance. 1985 (Ordinance XVI of 1985) Section
5, the aforesaid Section 23, as amended, was omitted with effect from 2.3.1985.
Section 23 was again amended with effect from 25.8.87, by the Legal Practitioners and Bar Councils
(Amendment) Act, 1987 (Act VIII of 1987) Section 7.
The present text of Section 23 was substituted for previous one through Act No. XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 17
24. Admission and enrolment of Advocates of the High Court.--54[…….] Each
Provincial Bar Council shall prepare and maintain 55[for the Province and each 56[District] in
the Province two separate rolls] of advocates of the High Court in which shall be entered the
names of,--
(a) all persons who were, as advocates, entitled to practice in the High Court
immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates of the High Court under the
provisions of this Act.
57[(2) …… Omitted]
25. Admission and enrolment of other advocates.--58[(1)] Each Provincial Bar
Council shall, besides the 59[rolls] of advocates to be prepared and maintained by it under
Section 24, prepare and maintain 60[for the Province and each Division in the Province two
separate rolls] of advocates in which shall be entered the names of--
(a) persons who were, as advocates entitled to practise in any Court subordinate
to the High Court immediately before the commencement of this Act; and
(b) all persons who are admitted as advocates under the provisions of this Act.
61[(2) …… Omitted]
26. Persons qualified for admission as advocates.--62[ ] Subject to the provisions
of this Act and the rules made thereunder, a person shall be qualified to be admitted as an
advocate if he fulfils the following conditions, namely:-
54. Section 24 was re-numbered as sub-section (1) of that Section on 12.10.1978 vide the Legal Practitioners
and Bar Councils (amendment) Ordinance, 1978, (Ordinance XL of 1978) Section 10. Brackets and figure
“(1)” in the beginning were omitted vide Act XII of 2005.
55. Substituted, ibid, Section 10(a), for the words "a roll"
56. Sub. vide Act XII of 2005.
57. The following sub-section (2) was added, ibid, Section 10(b), but by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (Ordinance XXVIl of 1981) Section 3 and Sch. II the same was omitted with
effect from 8.7.1981:
"(2) Notwithstanding anything contained in sub-section (1) all advocates who, immediately before the coming
into force of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, were entered on the roll
of the Sindh and Baluchistan Bar Council and were practicing generally at any place within the Province of
Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar Council for the
Province of Baluchistan by the fifteenth day of November, 1978."
58. Section 25 was re-numbered as sub-section (1) of that Section vide the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section 11.
59. Substituted ,ibid, Section 11(a), for the word "roll".
60. Substituted, ibid Section 11(b), for the words "a roll".
61. The following sub-section (2) was added, ibid, Section 11(c), but through the Federal Laws (Revision and
Declaration) Ordinance, 1981 ( Ordinance XXVII of 1981), Section 3 and Sch. II, the same was omitted with
effect from 8.7.1981:
"2" Notwithstanding anything contained in sub-section (1) all advocates who, being entitled, immediately
before the coming into force of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, to
practise in any Court subordinate to the High Courts of Sindh and Baluchistan were entered on the roll of the
Sindh and Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar
Council for the Province of Baluchistan by the fifteenth day of November, 1978."
62. The brackets and figure “(1)” were omitted vide Act XII of 2005.
Legal Practitioners & Bar 18 Councils Act, 1973
(a) he is a citizen of Pakistan or a person deriving his nationality from the State of
Jammu and Kashmir:
Provided that, subject to the other provisions of this Act, a national of any
other country 63[who has resided in Pakistan for a period of not less than one
year immediately preceding the day on which he applies for admission] may
be admitted as an advocate if citizens of Pakistan duly qualified are permitted
to practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he is a Barrister or is or was enrolled as an advocate of a High Court in any
area which before the fourteenth day of August, 1947, was comprised within
India as defined by the Government of India Act, 1935 (26 Geo. 5, c 2), or has
obtained--
(i) before the 7th day of February, 1966, a degree in law from any
university in Pakistan; or
(ii) before the fourteenth day of August, 1947, a degree in law from any
university in any area which was comprised before that date within
India as defined by the Government of India Act, 1935 (26 Geo 5, c 2);
or
64(iii) a degree in law from a university in Pakistan or abroad recognized by
the Pakistan Bar Council; and]
(d) he has undergone such course of training and passed such examination after
the training as may be prescribed by the Pakistan Bar council:
Provided that this clause shall not apply to any class of persons who,
by reason of their legal training or experience, are declared by the Pakistan
Bar Council to be exempt from the provisions of this clause; and
(e) he has paid such enrolment fee and fulfils such other conditions as may be
prescribed by the Pakistan Bar Council.
65[(2) Omitted.
(3) Omitted]
27. Persons qualified for admission as advocates of a High Court.--Subject to
the provisions of this Act and the rules made thereunder, a person shall be qualified to be
admitted as an advocate of a High Court if he fulfils the following conditions, namely:-
(a) he has practised as an advocate, vakil or pleader before subordinate Courts
in Pakistan for a period of not less than two years; or
63. Inserted by the Legal Practitioners and Bar Councils (Amendment) Act, 1976) Section 2, with effect from
19.4.1976.
64. Substituted vide Act XII of 2005 for the following:-
“(iii) a Bachelors degree in any subject other than law from a University in Pakistan, or from a University
outside Pakistan recognized by the Pakistan Bar Council and a degree in law from a like University.”
65. Omitted through Act XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 19
(b) he has practiced outside Pakistan as an advocate before any High Court
specified in this behalf by the Pakistan Bar Council; or
(c) he has, for reason of his legal training or experience, been exempted by the
Provincial Bar Council, with the previous approval of the High Court, from the
requirements of clause (a) and clause (b); and
(d) he has paid such enrolment fee and fulfils such other conditions as may be
prescribed by the Pakistan Bar Council.
66[28. Persons qualified for admission as advocates of the Supreme Court.--
Subject to the provisions of this Act and the rules made thereunder, a person shall be
qualified to be admitted as a senior advocate and an advocate of the Supreme Court
including an advocate-on-record if he fulfils such conditions as may be laid down in this
behalf from time to time by the Rules of Pakistan Bar Council and has paid such enrolment
fee or other dues as may be prescribed by that Council.]
67[28A. Persons disqualified to be enrolled as advocate.--A person shall be
disqualified from being admitted as an advocate of any Court if--
(a) he was dismissed or removed from service of Government or of a public
statutory corporation on a charge involving misconduct or moral turpitude; or
(b) he has been convicted for an offence involving moral turpitude by a Court; or
(c) he has been declared a tout and such declaration has not been withdrawn.]
29. Eligibility of women for admission.--No woman shall be disqualified for
admission as an advocate for reason only of her sex.
30. Authority to whom applications for enrolment may be made.--An application
for admission as an advocate, other than an advocate of the Supreme Court, shall be made
in the prescribed form to the Provincial Bar Council within whose jurisdiction the applicant
proposes to practise generally 68[; and an application for admission as an advocate of the
Supreme Court shall be made in the prescribed form to the Pakistan Bar Council.]
31. Disposal of applications for admission as an advocate.--(1) All applications
for admission as an advocate received by a Bar Council shall be referred to its enrolment
Committee.
(2) The enrolment Committee may either grant the application or return it to the Bar
Council recording its reasons for not granting the application.
66. Section 28 was omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985
(Ordinance XVI of 1985) Section 7, which was again inserted on 25.8.87 through the Legal Practitioners and
Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 9. Present text was substituted through Act
No. XII of 2005.
67. Added through Act XII of 2005.
68. The semicolon and words“; and an application for admission as an Advocate of the Supreme Court shall be
made in the prescribed form to the Pakistan Bar Council“ were omitted on 2.3.1985 by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 8, which were again added
on 25.8.1987 through the Legal Practitioners & Bar Councils (Amendment) Act, 1987 (Act VIII of 1987),
Section 10.
Legal Practitioners & Bar 20 Councils Act, 1973
(3) Where any application is returned to a Bar Council under sub-section (2), the Bar
Council may, after considering the reasons recorded by the enrolment Committee, either
grant or reject the application.
32. Appeal against order of rejection.--Where any application for admission as an
advocate is rejected by a Provincial Bar Council, the applicant may, within such period and
in such manner as may be prescribed, appeal to the enrolment Committee of the Pakistan
Bar Council, and the decision of that Committee on such appeal shall be final.
33. No applicant rejected by one Provincial Bar Council to be enrolled by
another such Council.--Where a Provincial Bar Council has rejected the application of any
person for admission as an advocate,--
(a) it shall circulate to all the other Provincial Bar Councils the name of such
person together with the reasons for the rejection of his application;
(b) no other Provincial Bar Council shall entertain an application for admission of
such person as an advocate except with the previous consent in writing of the Provincial Bar
Council which rejected the application.
34. Payment of fees.--(1) The Pakistan Bar Council may prescribe the following
fees, namely--
(a) fee for enrolment as an advocate or an Advocate of the High Court, which
shall be fixed after consultation with the High Court, to be paid to the
Provincial Bar Council 69[and the Pakistan Bar Council in accordance with
sub-section (2) of Section 17].
70[(b) fee for enrolment as an advocate of the Supreme Court which shall be fixed
after consultation with the Supreme Court, to be paid to the Pakistan Bar
Council; and]
(c) annual fee payable by advocates to the Bar Council on whose roll their names
are entered:
Provided that no person whose name is entered on the roll under
clause (a) of Section 25, clause (a) of Section 24 71[or clause (a) of Section
23] as an advocate, an advocate of the High Court 71[or an advocate of the
Supreme Court] shall be required to pay the fee for enrolment as such
advocate.
69. The words, brackets and figures "and the Pakistan Bar Council in accordance with sub-section (2) of Section
17" were inserted with effect from 15.7.82 by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 14.
70. Clause (b) of Section 34 was omitted, with effect from 2.3.85, by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(c). The same was again inserted on
25.8,1987 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section
11(a)(i).
71. The words, brackets, letter and figure "or clause (a) of Section 23" and the words “or an Advocate of the
Supreme Court" in proviso to sub-section (1) of Section 34 were omitted, with effect from 2.3.85, by the Legal
Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9(a)(ii). The
same were again inserted on 25.8.1987, through the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987), Section 11 (a) (ii).
Legal Practitioners & Bar Councils Act, 1973 21
(2) The fee referred to in clause (a) 72[or clause (b)] of sub-section (1) may be
paid in such instalments, if any, as may be prescribed.
(3) The annual fee referred to in clause (c) of sub-section (1) shall be paid by such
date as may be prescribed.
(4) If an advocate fails to pay an instalment of fee or the annual fee payable by him
by the prescribed date he shall be liable to pay such further fee for late payment as may be
prescribed:
Provided that, if he fails to pay such instalment of fee within a period of six months
following the date on which it becomes due, he shall by notice be asked to show cause why
his name be not struck off the roll of advocates and if the explanation is unsatisfactory his
name shall be struck off the roll of advocate and shall be not restored except upon payment
of the installment or fee due and such penalty not exceeding the amount of such installment
or fee as may be prescribed, unless the enrolment Committee, having regard to the
circumstances of the case, exempts any person from the payment of such penalty.
35. Order in which names shall be entered in the roll.--(1) Entries in the roll shall
be made in the order of seniority and such seniority shall be determined as follows, namely--
(a) all such persons as are referred to in 73[clause (a) of Section 23,] clause (a) of
Section 24 or clause (a) of Section 25 shall be entered first in the order in
which they were respectively entitled to seniority inter se immediately before
the commencement of this Act; and
(b) the seniority of any other person admitted, after that date, to be an advocate
or an advocate of the High Court 71[or an advocate of the Supreme Court]
shall be determined by the date of his admission:
Provided that, for the purposes of clause (b), the seniority of a person who, before
his admission as an advocate, was entitled as of right to practise in any other High Court
shall be determined by the date on which he became so entitled.
(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.
36. Certificate of enrolment.--A Bar Council shall issue a certificate of enrolment in
the prescribed form to every person enrolled under Section 74[31].
72. The words brackets and letter "or clause (b)".in sub-section (2) of Section 34, were omitted on 2.3.85 by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 9 (b),
The same were again inserted on 25.8.87 vide the Legal Practitioners and Bar Councils (Amendment) Act,
1987 (Act VIII of 1987) Section 11(b).
73. The words, brackets, figure and comma "clause (a) of Section 23", and the words "or an Advocate of the
Supreme Court" in clauses (a) and (b) of sub-section (1) of Section 35, respectively, were omitted by the
Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 10, on
2.3.1985. The same words, brackets, figure and comma were again inserted in both the clauses, as were
before the omission, on 25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987
(Act VIII of 1987) Section 23.
74. Substituted for the figure “35”, vide Act XII of 2005.
Legal Practitioners & Bar 22 Councils Act, 1973
37. Copy of roll to be kept with 75[Supreme Court and] High Court.--70[(1) The
Pakistan Bar Council shall send to the Supreme Court an authenticated copy of the roll as
prepared under Section 23 and shall thereafter communicate to the Supreme Court all
alterations in, and additions to, the roll as soon as the same have been made].
(2) The Provincial Bar Council shall send to the High Court a copy of the rolls as
prepared under Section 24 and Section 25 and shall thereafter communicate to the High
Court all alterations in, and additions to, any such roll as soon as the same have been made.
38. Copies of rolls to be sent to Pakistan Bar Council.--Each Provincial Bar
Council shall send to the Pakistan Bar Council an authenticated copy of the roll of advocates
of the High Court and the roll of the other advocates prepared by it for the first time under
this Act and shall thereafter communicate to the Pakistan Bar Council all alterations in, and
additions to, any such roll as soon as the same have been made.
39. Common roll of Advocates.--The Pakistan Bar Council shall prepare and
maintain a common roll of advocates of the High Court and a common roll of the other
advocates which shall comprise the entries made in all the Provincial rolls of the advocates
of the High Court or as the case may be, of the other advocates.
(2) Entries in the common roll shall be in the order of seniority which shall be
determined in accordance with the principles laid down in Section 35.
76[39A. Cessation to practice as an advocate.--Any advocate who incurs any of
the disqualifications enumerated in Section 28A shall cease to be an advocate and his name
shall be removed from the concerned roll of the advocates.
39B. Powers of disciplinary Committee.--If any person referred to in Section 39A,
practices in contravention of this Act or the Rules made thereunder then--
(a) in case of a senior advocate of the Supreme Court or advocate of the
Supreme Court including an advocate-on-record, the disciplinary Committee
of the Pakistan Bar Council; and
(b) in case of any other advocate, the disciplinary Committee of a Provincial Bar
Council,
may of its own motion or otherwise take cognizance thereof and proceed against him under
this Chapter for such disciplinary action as is provided by law, in addition to criminal
prosecution of such person under Section 58 of this Act.
39C. Provisions of Sections 39A and 39B to apply.--The provisions of Sections
39 A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of
this Act or the Rules made thereunder.]
40. Right of pre-audience.--(1) The Attorney General for Pakistan shall have the
right of pre-audience over all other advocates.
75. The words "Supreme Court and " in the marginal heading of Section 37, and sub-section (1) of the said
Section were omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985
(Ordinance XVI of 1985) Section 11. The same, as appears from the present text, were again inserted on
25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section
13.
76. Added through Act XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 23
(2) Subject to sub-section (1), the Advocate General of a Province shall have the
right of pre-audience over all other advocates; and the right of pre-audience among the
Advocates-General shall be determined by the date of appointment to their respective
offices.
77[(2A) Omitted];
(3) The right of pre-audience among other advocates shall be determined by their
seniority inter se.
78[(4) Omitted]
79[CHAPTER VII]
CONDUCT OF ADVOCATES
41. Punishment of advocates for misconduct.--80[(1) An advocate may, in the
manner hereinafter provided, be reprimanded, suspended, removed from practice or be
77. Omitted through Act No. XII of 2005.
78. Omitted through Act No. XII of 2005.
79. The original Chapter VII relating to "Conduct of Advocates" reads as follow:
“CHAPTER VII--CONDUCT OF ADVOCATES
41. Punishment of Advocates for misconduct.—(1) An advocate may, in the manner hereinafter provided,
be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct.
(2) A complaint that an advocate has been guilty of misconduct may be made by any Court or person.--
(a) In the case of an advocate of the Supreme Court in relation to the proceedings of that Court, to the
Pakistan Bar Councils; and
(b) in any other case, to the Provincial Bar Council.
(3) Every complaint against an advocate made under sub-section (2), except where the complaint has been
made by a Court, shall be accompanied by a fee of ten rupees.
(4) Upon receipt of a complaint made to it under sub-section (2) against any advocate, the Bar Council shall,
unless it summarily rejects the complaint, refer the case:--
(a) if the complaint in respect of failure to render professional service for fee paid, or to return papers, or to
repay balance of money received, for conciliation to a conciliation Committee appointed by it and
consisting of two persons selected out of a panel of senior advocates practicing in the district in which
such advocate practises generally (hereinafter referred to as the Conciliation Committee); and
(b) if the complaint discloses actions involving moral turpitude, or defeat of justice or serious breaches of
professional conduct, for inquiry Committee appointed by it and consisting of two persons selected as
aforesaid (hereinafter referred to as the Inquiry Committee);
Provided that the Bar Council shall not summarily reject a complaint made by the Supreme Court or a High
Court.
(5) If a Bar Council has reason to believe that an advocate has been guilty of misconduct, it may, of its own
motion, refer the case to an Inquiry Committee.
(6) An inquiry into, and conciliation proceedings in relation to, a complaint against an advocate, shall be held
at the headquarters of the Bar Council or of the district in which he practices generally.
(7) A Conciliation Committee shall proceed to conciliate in the matter referred to it for conciliation and.--
(a) if a settlement is arrived at in the course of the proceedings before it, shall send a report thereof to the
Bar Council concerned together with a memorandum of settlement signed by the parties to the
proceedings; and
(b) if no settlement is arrived at as aforesaid shall inform the Bar Council concerned of such failure.
(8) An Inquiry Committee shall, after making such inquiry and giving the parties opportunity of being heard as
it may consider necessary, make a report for a final hearing and decision to a tribunal specified by the Bar
Council in this behalf.
(9) An Inquiry Committee may, where it considers it necessary so to do, require the person making a
complaint, except where the complaint has been made by a Court, to deposit with the Committee as security
for costs, such sum as it may specify.
Legal Practitioners & Bar 24 Councils Act, 1973
made to pay such amount of compensation, fine or penalty as may be ordered, if he is found
guilty of professional or other misconduct.]
42. Tribunals of Bar Councils.--(1) The Pakistan Bar Council may constitute one or more Tribunals each
consisting of two of its members elected by it for the purpose and a Judge of the Supreme Court nominated
by the Chief Justice of Pakistan, who shall be the Chairman.
(2) A Provincial Bar Council may constitute one or more Tribunals each consisting of two of its members
elected by it for the purpose and a Judge of the High Court nominated by the Chief Justice of that Court, who
shall be the Chairman.
43. Procedure in inquiries.--(1) In inquiries relating to conduct of advocates, the Tribunal shall, except as
hereinafter provided, follow such procedure as may be prescribed.
(2) The Tribunal shall fix a date for the hearing of the case and shall cause notice of the day so fixed to be
given to the complainant, to the advocate concerned and to the Advocate- General of the Province and shall
afford to the complaint, the advocate concerned and the Advocate-General an opportunity of leading
evidence, if any, and of being heard before orders are passed in the case.
(3) The chairman of the Tribunal may empower one of the members of the Tribunal to consider and decide
preliminary issues and to record evidence.
(4) The Tribunal may, where it considers it necessary so to do, require the person making a complaint, except
where the complaint has been made by a Court, to deposit with the Tribunal, as security for costs, such sum
as it may specify.
(5) On completion of the inquiry, the Tribunal may either dismiss the complaint or, where reference to the
Inquiry Committee on whose report the matter has come before the Tribunal was made at the motion of a Bar
Council, direct that the proceedings be filed: or it may make an order imposing any of the penalties referred to
in sub-section (1) of Section 41.
(6) Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the
period of suspension, and for that period the advocate shall be debarred from practising in any Court or
before any authority or person in Pakistan.
(7) The Tribunal may, of its own motion or on application made to it in this behalf, review any order passed
under sub-section (5) and maintain, vary or rescind the same, as it thinks fit.
(8) When any advocate is reprimanded .or suspended from practice under this Act, a record of the
punishment shall be entered against his name in the Provincial roll or, as the case may be, the roll of
advocates of the Supreme Court maintained by the Pakistan Bar Council, and the common roll, and when
advocate is removed from practice his name shall forthwith be struck off the roll; and the certificate of any
advocate so suspended or removed shall be recalled.
44. Order as to costs.--(1) An Inquiry Committee and a Tribunal may make such order as to costs of
proceedings before it as it may deem fit; and where the Committee or, as the case may be, the Tribunal is of
the opinion that the complaint made against an advocate is false and vexatious, it may, without prejudice to
any other remedy available to the advocate, impose upon the complainant compensatory costs not exceeding
a sum of five hundred rupees:
Provided that no order under this sub-section shall be made against a Court or the presiding officer of a
Court.
(2) The Tribunal may, on an application made to it in this behalf within the prescribed period, revise any order
passed by the Inquiry Committee under sub-section (1) or, of its own motion or on application so made,
review any order passed by the Tribunal under that sub-section and may, in either case, maintain, vary or
rescind the same, as it thinks fit.
(3) Subject to sub-section (2), every order of the Inquiry Committee or the Tribunal under sub-section (1) shall
be executable,--
(a) if the Committee is appointed, or the Tribunal is constituted, by the Pakistan Bar Council, as if it were an
order of the Supreme Court; and
(b) if the Committee is appointed or the Tribunal is constituted, by a Provincial Bar Council, as if it were an
order of the High Court.
45. Powers of the Tribunal and Inquiry Committee in Inquiries.--(1) For the purposes of any such inquiry
as aforesaid, an Inquiry Committee and a Tribunal shall have the same powers as are vested In a Court
under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters namely,--
(a) enforcing the attendance of any person,
Legal Practitioners & Bar Councils Act, 1973 25
(2) A complaint that an advocate has been guilty of misconduct may be made by any
Court or person.--
(a) in the case of an advocate of the Supreme Court to the Pakistan Bar Council;
and
(b) in any other case, to the Provincial Bar Council.
(3) Every complaint against an advocate made under sub-section (2), except where
the complaint has been made by a Court, shall be accompanied by 81[such fee as may be
prescribed by the Pakistan Bar Council from time to time.]
(4) Upon receipt of a complaint under sub-section (2) against any advocate, the
disciplinary Committee of the Bar Council may, unless it summarily rejects the complaint,
(b) compelling the production of documents, and
(c) issuing commissions for the examination of witnesses:
Provided that the Inquiry Committee or the Tribunal shall not have powers to require the attendance of
the presiding officer of any Civil or Criminal Court save with the previous sanction of the High Court or, in the
case of the presiding officer of a Revenue Court, of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of Sections 193 and
228 of the Pakistan Penal Code (Act XLV of 1860); and an Inquiry Committee and a Tribunal shall be deemed
to be a Civil Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V
of 1898).
(3) For the purpose of enforcing the attendance of any person or of compelling the production of documents
or issuing commissions—
(a) the local limits of the jurisdiction of an Inquiry Committee and a Tribunal shall be those of the jurisdiction
of the Bar Council by which the Committee has been appointed or, as the case may be, the Tribunal
has been constituted; and
(b) an Inquiry Committee and a Tribunal may send to any Civil Court having jurisdiction in the place where
the Committee or, as the case may be, the Tribunal is sitting, any summons or other process for the
attendance of a witness of the production of a document required by the Committee or Tribunal, or any
commission which it desires to issue, and the civil Court shall serve such process or issue such
commission, as the case may be and may enforce any such process as if it were process for
attendance or production before itself.
(4) Proceedings before an Inquiry Committee or a Tribunal in any such inquiry shall be deemed to be civil
proceedings for the purposes of Section 132 of the Evidence Act, 1872 (I of 1872), and the provisions of that
Section shall apply accordingly.
46. Disciplinary power of the Pakistan Council.--(1) Notwithstanding anything contained in this Chapter,
the Disciplinary Committee of the Pakistan Bar Council may, of its own motion, withdraw for inquiry before
itself any proceedings for disciplinary action against any advocate pending before a Provincial Bar Council or
any Conciliation Committee or inquiry Committee appointed by it, and dispose of the same.
(2) In disposing of any case under this Section, the Disciplinary Committee of the Pakistan Bar Council shall
observe, so far as may be, the procedure laid down in Section 43, the reference to the "Advocate-General" in
that Section being construed as reference to the "Attorney General for Pakistan".
(3) In disposing of any case under this Section, the Disciplinary Committee of the Pakistan Bar Council may
make any order which the Tribunal can make under Section 43, and the Tribunal shall give effect to any such
order.
47. Appeal to the Pakistan Bar Council.--(1) Any person aggrieved by an order of a Tribunal under Section
43 may, within sixty days from the date on which the order is communicated to him, prefer an appeal to the
Pakistan Bar Council.
(2) Every such appeal shall be heard by the Disciplinary Committee of the Pakistan Bar Council which may
pass such order thereon as it may deem fit.
Legal Practitioners & Bar 26 Councils Act, 1973
after making such enquiry and giving the parties such opportunity of being heard as it may
consider necessary either reject the complaint or refer the same to a Tribunal for decision:
Provided that the disciplinary Committee shall not summarily reject a complaint
made by the Supreme Court or a High Court.
82[(4A) If a Bar Council has reasons to believe that an advocate has been guilty of
professional or other misconduct, it may of its own motion refer the case to its disciplinary
Committee.]
(5) Any person whose complaint is rejected by the disciplinary Committee under
sub-section (4) may within thirty days of the day on which the order of the Committee is
48. Appeal to the Supreme Court.--Any person aggrieved by an order made by the Disciplinary Committee
of the Pakistan Bar Council under sub-section (3) of Section 46 may, within sixty days from the date on which
the order is communicated to him, prefer an appeal to the Supreme Court which may pass such order thereon
as it may deem fit.
49. Application of Sections 5 and 12 of the Limitation Act, 1908.--The-provisions of Sections 5 and 12 of
the Limitation Act, 1908 (Act IX of 1908), shall so far as may be, apply to appeals made under Section 47 or
Section 48.
50. Stay of order.--Any appeal made under Section 47 or Section 48 shall not operate as a stay of the order
appealed against but the Disciplinary Committee of the Pakistan Bar Council or the Supreme Court, as the
case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may
deem fit.
51. Powers of the Disciplinary Committee.--The Disciplinary Committee of the Pakistan Bar Council shall
have the same powers as are vested in a Tribunal by Section 45 and that Section shall apply to the
Disciplinary Committee, the reference to the 'Tribunal" in that Section being construed as a reference to the
"Disciplinary Committee of the Pakistan Bar Council".
52. Cost of proceedings before a Disciplinary Committee.--The Disciplinary Committee of the Pakistan
Bar Council may make such order as to the costs of proceedings before it as it may deem fit and any such
order shall be executable as if it were an order of the Supreme Court.
53. Review of order by a Disciplinary Committee.--The Disciplinary Committee of the Pakistan Bar Council
may of its own motion or otherwise review any order passed by it under this Chapter.
54. Powers of Supreme Court and High Courts to suspend advocates from practice.--(1) The Supreme
Court or a High Court may, while making a complaint under sub-section (2) of Section 41 against an
advocate, make an order for the suspension of the advocate from practice if, after hearing such advocate, the
Court is of the opinion that he has committed an act of grave indiscipline in the view of the Court or grave
professional misconduct in relation to any proceeding before it, and his immediate suspension is expedient or
necessary in the interest of administration of justice.
(2) On a complaint made to it against an advocate by a Court subordinate to it, the High Court may,--
(a) make an order under sub-section (1) in respect of such advocate if, after hearing him, it is of the opinion
that he has committed grave professional or other misconduct in relation to any proceeding before such
subordinate Court, and his immediate suspension, pending the proceedings before the Bar Council, is
expedient or necessary in the public interest and forward the complaint to the Provincial Bar Council for
action in accordance with Section 41; or
(b) without making any order under sub-section (1). forward the complaint to the Provincial Bar Council for
action in accordance with Section 41; or
(c) direct that no further action need be taken in respect of the complaint.
(3) An order under sub-section (1) or sub-section (2) for the suspension of an advocate from practice shall
remain in force until the complaint against the advocate is disposed of by the Tribunal under Section 43,
unless on review the Court making the order, for reasons to be recorded, vacates it earlier.
Sub-sections (4), (5), (6), (7), (8) and (9) of the aforesaid original Section 41 were substitute by the
following through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of
1982) Section 15, with effect from 15.7.1982--
Legal Practitioners & Bar Councils Act, 1973 27
communicated to him, prefer an appeal to the tribunal, whose decision in such appeal shall
be final.
42. Tribunals of Bar Councils.--(1) The Pakistan Bar Council may constitute one
or more Tribunals each consisting of two of its members elected by it for the purpose and a
Judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be the
Chairman.
 "(4) upon receipt of a complaint under sub-section (2) against any advocate, the Disciplinary Committee of the
Bar Council may, unless it summarily rejects the compliant, after making such enquiry and giving the parties
such opportunity of being heard as it may consider necessary, either reject the complaint or refer the case to
a Tribunal for decision:
Provided that the Disciplinary Committee shall not summarily reject a complaint made by the Supreme Court
or a High Court.
(5) Any person whose complaint rejected by the Disciplinary Committee under sub-section (4) may, within
thirty days of the day on which the order of the Committee is communicated to him, prefer an appeal to the
Tribunal, whose decision in such appeal shall be final".
In the aforesaid sub-section (5) of original Section 43 the words "the complaint referred to" were substituted
for the word "reference to the Inquiry Committee on whose report the matter has come before", ibid, Section
17.
The words "An Inquiry Committee", "an inquiry Committee" and "inquiry Committee" appeared in the aforesaid
sub-sections (1), (2) and (3) of original Section 44 were substituted by the words "A Disciplinary Committee",
a Disciplinary Committee", respectively, ibid, Section 17.
In the aforesaid sub-section (1) its proviso and sub-sections (2), (3) and (4) of original Section 45. the words
“an Inquiry Committee" were substituted by the words "a Disciplinary Committee", ibid, Section 18.
In the above-said sub-section (1) of original Section 46 the words "any conciliation Committee or Inquiry
Committee appointed by it" were substituted by the words "the Disciplinary Committee thereof", ibid, S. 19.
-- The afore-said sub-section (3) of original Section 54 was omitted, ibid, Section 20,
-- The following new Section 54-A was inserted in Chapter VII, ibid, Section 21:--
"54A.--Time for disposal of disciplinary matters.--The Disciplinary Committee and a Tribunal shall dispose
of a complaint against an advocate within three months of the day on which the complaint is received by it;
and, if the complaint is not disposed of within that period the order under sub-section (1) or sub-section (2) of
Section 54 for the suspension of the advocate from practice, if any, shall stand vacated on the expiration of
that period, unless on review the Court making the order, for reasons to be recorded, vacates it earlier."
— The aforesaid Chapter VII, as amended, was substituted by the following, through the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 13, with effect from
2.3.1985:-
"CHAPTER VII-MISCONDUCT
41. Punishment of Advocate for misconduct.--(1) The High Court may, in the manner hereinafter provided,
reprimand, suspend or remove from practice any Advocate of the High Court whom it finds guilty of
professional or other misconduct.
(2) Upon receipt of a complaint made to it by any Court or by any person that any such Advocate has been
guilty of misconduct, the High Court shall, if it does not summarily reject the complaint, refer the case for
inquiry to the Disciplinary Committee.
(3) If the High Court has reason to believe that an Advocate has been guilty of misconduct, it may, of its own
motion, refer the case to the Disciplinary Committee.
(4) The Disciplinary Committee shall consist of—
(a) two Judges of the High Court nominated by the Chief Justice of the High Court, of whom the senior
shall be the Chairman;
(b) the Advocate-General of the Province; and
(c) two Advocates of not less than ten year's standing at the Bar nominated by the Chief Justice of the High
Court.
Legal Practitioners & Bar 28 Councils Act, 1973
(2) A Provincial Bar Council may constitute one or more Tribunals each consisting of
two of its members elected by it for the purpose and a Judge of the High Court nominated by
the Chief Justice of that Court, who shall be the Chairman.
43. Procedure in inquiries.--(1) In inquiries relating to conduct of advocates, the
Tribunal shall, except as hereinafter provided, follow such procedure as may be prescribed.
 42. Procedure in inquiries.--(1) The High Court shall make rules to prescribe the procedure to be followed
by the Disciplinary Committee in the conduct of inquiries referred to it under Section 41.
(2) If the complaint referred to it under sub-section (2) of Section 41 is in respect of failure to render
professional service for fee paid, or to return papers, or to repay balance of money received, the Disciplinary
Committee shall, before taking up an inquiry, proceed to conciliate in the matter and, if a settlement is arrived
at in the course of the proceedings, shall send a report thereof to the High Court together with a
memorandum of settlement signed by the parties to the proceedings.
(3) The finding of the Disciplinary Committee on an inquiry referred to the Committee under Section 41 shall
be forwarded to the High Court.
(4) The Chairman of the Disciplinary Committee may empower one of the members of the Disciplinary
Committee to consider and decide preliminary issues and to record evidence.
(5) On receipt of the finding of the Disciplinary Committee, the High Court shall fix a date of the hearing of the
case and shall cause notice of the day so fixed to be given to the Advocate concerned and shall afford him an
opportunity of being heard before orders are passed in the case.
(6) The High Court may thereafter either pass such final orders in the case as it thinks fit or refer it back for
further inquiry to the Disciplinary Committee and, upon receipt of the finding after such further inquiry, deal
with the case in manner provided in sub-section (5) and pass final orders thereon.
(7) In passing final orders the High Court may pass such order as regards the payment of the costs of the
inquiry and of the hearing in the High Court as it thinks fit.
(8) The High Court may, of its own motion or on an application made to it in this behalf, review any order
passed under sub-section (6) or sub-section (7) and maintain, vary or rescind the same, as it thinks fit.
(9) When any Advocate is reprimanded or suspended under this Act, a record of the punishment shall be
entered against his name in the roll of Advocates of the High Court, and when an Advocate is removed from
practice his name shall forth with be struck off the roll; and the certificate of any Advocate so suspended or
removed shall be recalled.
43. Powers of Disciplinary Committee in inquiries.--(1) For the purposes of an inquiry under Section 41,
the Disciplinary Committee shall have the same powers as are vested in a Court under the Code of Civil
Procedure, 1908 (Act V of 1908), in respect of the following matters, namely,--
(a) enforcing the attendance of any person and examining him upon oath;
(b) compelling the production of documents; and
(c) issuing commissions for the examination of witnesses:
Provided that the Disciplinary Committee shall not have power to require the attendance of the Presiding
Officer of any Civil or Criminal Court save with the previous sanction of the High Court, or, in the case of the
Presiding Officer of a Revenue Court, of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding with the meaning of Sections 193 and 228
of the Pakistan Penal Code (Act XLV of 1860), and a Disciplinary Committee shall be deemed to be a Civil
Court for the purpose of Sections 480 and 482 of the Code of Criminal Procedure, 1898, (Act V of 1898).
(3) For the purpose of enforcing the attendance of any person and examining him upon oath or of compelling
the production of documents or of issuing commissions,--
(a) the local limits of the jurisdiction of a Disciplinary Committee shall be those of the jurisdiction of the High
Court by which it has been constituted; and
(b) a Disciplinary Committee may send to any Civil Court having jurisdiction in the place where the
Disciplinary Committee is sitting any summons or other process for the attendance of a witness or the
production of a document required by the Disciplinary Committee, or any commission which it desires to
issue, and the Civil Court shall serve such Process or issue such commission, as the case may be, and
may enforce any such process as if it were a process for attendance or production before itself.
Legal Practitioners & Bar Councils Act, 1973 29
(2) The tribunal shall fix a date for the hearing of the case and shall cause notice of
the day so fixed to be given to the complainant, to the advocate concerned and to the
Advocate-General of the Province and shall afford to the complainant, the advocate
concerned and the Advocate-General an opportunity of leading evidence, if any, and of
being heard before orders are passed in the case.
(3) The Chairman of the Tribunal may empower one of the members of the Tribunal
to consider and decide preliminary issues and to record evidence.
(4) The Tribunal may, where it considers it necessary so to do, require the person
making a complaint, except where the complaint has been made by a Court, to deposit with
the Tribunal, as security for Costs, such sum as it may specify.
(4) Proceeding before a Disciplinary Committee in any such inquiry shall be deemed to be civil proceedings
for the purposes of Article 15 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984), and the provisions of
that Article shall apply accordingly.
44. Power of High Court to suspend Advocates from practice.--(1) The High Court may, while making a
reference under sub-section (3) of Section 41 against an Advocate, make an order for the suspension of the
Advocate from practice if, after hearing such Advocate the Court is of the opinion that he has Committee an
act of grave indiscipline in the view of the Court or grave professional misconduct in relation to any
proceeding before it, and his immediate suspension is expedient or necessary in the interest of administration
of justice.
(2) On a complaint made to it against an advocate by a Court subordinate to it, the High Court may,--
(a) make an order under sub-section (1) in respect of such Advocate if, after hearing him, it is of the
opinion that he has committed grave professional or other misconduct in relation to any proceeding
before such subordinate Court, and his immediate suspension, pending the proceedings before the
Disciplinary Committee, is expedient or necessary in the interest of administration of justice and forward
the complaint to the Disciplinary Committee in accordance with Section 41;
(b) without making any order under sub-section (1), forward the complaint to the Disciplinary Committee for
action in accordance with Section 41; or
(c) direct that no further action need be taken in respect of the complaint.
(3) An order under sub-section (1) or sub-section (2) for the suspension of an Advocate from practise shall
remain in force until the complaint against the Advocate is disposed of by the Disciplinary Committee under
Section 42, unless on review the High Court, for reasons to be recorded, vacates it earlier.
CHAPTER VII-A--ADVOCATES, ETC., OF SUPREME COURT
44-A. Advocates, etc., of Supreme Court.--(1) Nothing contained in this Act shall be deemed to affect the
power of the Supreme Court to make rules,--
(a) to regulate the admission of Advocates and for laying down the conditions subject to which a senior
Advocate shall be entitled to practise in that Court; and
(b) for determining the persons who shall be entitled to act as Advocate-on-Record in that Court and the
terms and conditions subject to which such persons can so act.
(2) All persons enrolled as senior Advocates or Advocate-on-Record of the Supreme Court immediately
before the commencement of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985, shall
continue to be so enrolled and the certificates of enrolment issued by the Supreme Court or the Pakistan Bar
Council which were valid immediately before such commencement shall continue to be valid".
The aforesaid Chapter VII (earlier substituted by Ordinance XVI of 1985) was again substituted by the present
text, through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 14,
with effect from 25.8.1987.
Chapter VII-A, (earlier added by Ordinance XVI of 1985) was omitted, ibid, Section 15, with effect from
25.8.1987.
75. Substituted through Act No. XII of 2005.
76. Substituted for the words “a fee of ten rupees” vide Act XII of 2005.
77. Inserted through Act XII of 2005.
Legal Practitioners & Bar 30 Councils Act, 1973
(5) On completion of the inquiry, the Tribunal may either dismiss the complaint or,
where the complaint referred to the Tribunal was made at the motion of a Bar Council, direct
that the proceedings be filed; or it may make an order imposing any of the penalties refereed
to in sub-section (1) of Section 41.
(6) Where the Tribunal makes an order for the suspension of an advocate
from practice, it shall specify the period of suspension, and for that period the advocate
shall be debarred from practicing in any Court or before any authority or person in Pakistan.
(7) The Tribunal may, of its own motion or on application made to it in this behalf,
review any order passed under sub-section (5) and maintain, vary or rescind the same, as it
thinks fit.
(8) When any advocate is 83[punished under Section 41, the same] shall be entered
against his name in the Provincial roll or, as the case may be, the roll of advocates of the
Supreme Court maintained by the Pakistan Bar Council, and the common roll, and when an
advocate is removed from practice his name shall forthwith be struck off the roll; and the
certificate of any advocate so suspended or removed shall be recalled.
44. Order as to costs.--(1) A Disciplinary Committee and a Tribunal may make
such order as to costs of proceedings before it as it may deem fit; and where the Committee
or, as the case may be, the Tribunal is of the opinion that a complaint made against an
advocate is false and vexatious, it may, without prejudice to any other remedy available to
the advocate, impose upon the complainant 84[such compensatory costs as may be deemed
reasonable]:
Provided that no order under this sub-section shall be made against a Court or the
presiding officer of a Court 85[or a Bar Council].
(2) The Tribunal may on an application made to it in this behalf within the prescribed
period, revise any order passed by a Disciplinary Committee under sub-section (1) or, of its
own motion or on application so made, review any order passed by the Tribunal under that
sub-section and may, in either case, maintain, vary or rescind the same, as it thinks fit.
(3) Subject to sub-section (2), every order of the Disciplinary Committee or the
Tribunal under sub-section (1) shall be executable.--
(a) if the Committee is appointed, or the Tribunal is constituted, by the Pakistan
Bar Council, as if it were an order of the Supreme Court; and
(b) if the Committee is appointed, or the Tribunal is constituted, by a Provincial
Bar Council, as if it were an order of the High Court.
83. Substituted for the words and comma “reprimanded or suspended from practice under this Act, a record of
punishment” through Act XII of 2005.
84. Substituted for the words “compensatory costs not exceeding a sum of five hundred rupees” vide Act XII of
2005.
85. Added through Act XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 31
45. Powers of the Tribunal and Disciplinary Committee in inquiries.--(1) For the
purposes of any such inquiry as aforesaid, a disciplinary Committee and a Tribunal shall
have the same powers as are vested in a Court under the Code of Civil Procedure, 1908
(Act V of 1908), in respect of the following matters, namely.--
(a) enforcing the attendance of any person,
(b) compelling the production of documents, and
(c) issuing commissions for the examination of witnesses:
Provided that the disciplinary Committee or the Tribunal shall not have power to
require the attendance of the presiding officer of any Civil or Criminal Court save with the
previous sanction of the High Court or, in the case of the presiding officer of a Revenue
Court, of the Provincial Government.
(2) Every such inquiry shall be deemed to be a judicial proceeding within the
meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860); and a
disciplinary Committee and a Tribunal shall be deemed to be a Civil Court for the purpose of
Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) For the purpose of enforcing the attendance of any person or of compelling the
production of documents or issuing commissions—
(a) the local limits of the jurisdiction of a disciplinary Committee and a Tribunal
shall be those of the jurisdiction of the Bar Council by which the Committee
has been appointed or, as the case may be, the Tribunal has been
constituted; and
(b) a disciplinary Committee and a Tribunal may send to any Civil Court having
jurisdiction in the place where the Committee or, as the case may be, the
Tribunal is sitting, any summons or other process for the attendance of a
witness or the production of a document required by the Committee or
Tribunal, or any commission which it desires to issue, and the Civil Court shall
serve such process or issue such commission, as the case may be, and may
enforce any such process as if it were a process for attendance or production
before itself.
(4) Proceedings before a disciplinary Committee or a Tribunal in any such inquiry
shall be deemed to be civil proceedings for the purposes of Article 15 of Qanun-e-Shahadat,
1984 (P.O. No. 10 of 1984) and the provisions of that Article shall apply accordingly.
46. Disciplinary Powers of the Pakistan Bar Council.--(1) Notwithstanding
anything contained in this Chapter, the disciplinary Committee of the Pakistan Bar Council
may, of its own motion, withdraw for inquiry before itself any proceedings for disciplinary
action against any advocate pending before a Provincial Bar Council or a disciplinary
Committee thereof and dispose of the same.
(2) In disposing of any case under this section, the disciplinary Committee of the
Pakistan Bar Council shall observe, so far as may be, the procedure laid down in Section 43,
the reference to the "Advocate-General" in that Section being construed as reference to the
"Attorney-General for Pakistan".
Legal Practitioners & Bar 32 Councils Act, 1973
(3) In disposing of any case under this section, the disciplinary Committee of the
Pakistan Bar Council may make any order which the Tribunal can make under Section 43,
and the Tribunal shall give effect to any such order:
86[Provided that every order passed hereinabove shall be subject to the approval of
the Pakistan Bar Council].
47. Appeal to the Pakistan Bar Council.--(1) Any person aggrieved by an order of
a 87[Provincial] Tribunal under Section 43 may, within sixty days from the date on which the
order is communicated to him, prefer an appeal to the Pakistan Bar Council.
(2) Every Such appeal shall be heard by the disciplinary Committee of the Pakistan
Bar Council which may pass such order thereon as it may deem fit.
48. Appeal to the Supreme Court.--Any person aggrieved by an order made by the
disciplinary Committee of the Pakistan Bar Council under sub-section (3) of Section 46 88[or
sub-section (2) of Section 47 or a final order of a Tribunal of the Pakistan Bar Council] may,
within sixty days from the date on which the order is communicated to him, prefer an appeal
to the Supreme Court which may pass such order thereon as it may deem fit.
49. Application of sections 5 and 12 of the Limitation Act, 1908.--The provisions
of sections 5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall, so far as may be,
apply to appeals made under Section 47 or Section 48.
50. Stay of order.--An appeal made under Section 47 or Section 48 shall not
operate as a stay of the order appealed against but the disciplinary Committee of the
Pakistan Bar Council or the Supreme Court, as the case may be, may, for sufficient cause,
direct the stay of such order on such terms and conditions as it may deem fit.
51. Powers of the disciplinary Committee.--The disciplinary Committee of the
Pakistan Bar Council shall have the same powers as are vested in a Tribunal by Section 45
and that Section shall apply to the disciplinary Committee, the reference to the "Tribunal" in
that Section being construed as a reference to the "disciplinary Committee of the Pakistan
Bar Council".
89[52. Execution of an order of a Bar Council, a Committee or a Tribunal.--
Subject to the provisions of this Act and the Rules made thereunder every order of a Bar
Council, a Committee or a Tribunal shall be executable.--
(a) in case of Pakistan Bar Council, its Committee or Tribunal as if it were an
order of the Supreme Court; and
(b) in case of a Provincial Bar Council, its Committee or Tribunal as if it were an
order of a High Court.]
53. Review of the order by disciplinary Committee.--The disciplinary Committee
of the Pakistan Bar Council may of its own motion or otherwise review any order passed by it
under this Chapter.
86. Added through Act XII of 2005.
87. Inserted through Act XII of 2005.
88. Inserted through Act XII of 2005.
89. Substituted through Act No. XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 33
54. Power of Supreme Court and High Court to suspend advocates from
practice.--(1) The Supreme Court or a High Court may, while making a complaint under
sub-section (2) of Section 41 against an advocate, make an order for the suspension of the
advocate from practice if, after hearing such advocate, the Court is of the opinion that he has
committed an act of grave indiscipline in the view of the Court or grave professional
misconduct in relation to any proceeding before it, and his immediate suspension is
expedient or necessary in the interest of administration of justice.
(2) On a complaint made to it against an advocate by a Court subordinate to it, the
High Court may:--
(a) make an order under sub-section (1) in respect of such advocate if, after
hearing him, it is of the opinion that he has committed grave professional or
other misconduct in relation to any proceeding before such subordinate Court,
and his immediate suspension, pending the proceedings before the Bar
Council, is expedient or necessary in the public interest and forward the
complaint to the Provincial Bar Council for action in accordance with Section
41; or
(b) without making any order under sub-section (1), forward the complaint to the
Provincial Bar Council for action in accordance with Section 41; or
(c) direct that no further action need be taken in respect of the complaint.
90[CHAPTER VIIA …. Omitted]
CHAPTER VIII
RULES
55. Power of Pakistan Bar Council to make rules.--The Pakistan Bar Council
may, by notification in the official Gazette, make rules to provide for--
(a) the manner in which the election of members of a 91[ ...... ] Bar Council shall
be held and the manner in which results of election shall be published;
(b) the manner in which the election of the Vice-Chairman of a Bar Council shall
be held;
(c) the manner in which and the authority by which doubts and disputes as to the
validity of an election to 92[a Bar Council] or to the office of the Vice-Chairman
of a Bar Council shall be finally decided;
(d) the .powers and duties of the Chairman and Vice-Chairman of the Bar
Councils;
(e) the summoning and holding of meetings of the Pakistan Bar Council, the
times and places where such meetings are to be held, the conduct of
90. Please see footnote at pages 31.
91. The word "Provincial" was omitted by the Legal Practitioners and Bar Councils (Amendment) Act, 1973 (Act
No. XXXVI of 1973) Section 4(a), with effect from 9.6.1973.
92. The words "the Provincial Bar Council" were substituted by the words "a Bar Council" ibid, Section 4 (b).
Legal Practitioners & Bar 34 Councils Act, 1973
business thereat and the number of members necessary to constitute a
quorum;
(f) the constitution and functions of any Committee of the Pakistan Bar Council
and the term of office of the members of any such Committee;
(g) the summoning and holding of meetings of such Committee, the conduct of
business thereat and the number of members necessary to constitute a
quorum;
(h) the qualifications and terms and conditions of service of staff to be employed
by the Pakistan Bar Council;
(i) matters pertaining to management, administration, utilization and investment
of the fund of the Pakistan Bar Council;
(j) the constitution of separate funds for special purposes by the Pakistan Bar
Council;
(k) the maintenance of books of accounts and other books by the Pakistan Bar
Council;
(I) the appointment of auditors and the audit of the accounts of the Pakistan Bar
Council;
93[(m) the form and manner in which applications for admission as an advocate of
the Supreme Court are to be made and the manner in which such
applications are to be disposed of;]
(n) the fee payable for .enrolment or in respect of any other matter under this Act,
and the instalments, if any, in which such fee may be paid;
(o) the forms in which a certificate of enrolment shall be given to a person
enrolled as an advocate or an advocate of the High Court 94[or an advocate of
the Supreme Court];
(p) the standards of professional conduct and etiquette to be observed by
advocates;
(q) the standards of legal education to be observed by universities in Pakistan
and the inspection of universities for that purpose;
(r) the circumstances in which and the conditions subject to which nationals of
any foreign country may be admitted as advocates and foreign qualifications
may be recognised for purposes of their admission;
93. Clause (m) of Section 55 was omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 14 (a), with effect from 2.3.1985. The present text was again inserted
through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 16(a),
with effect from 25.8.1987.
94. The words "or an Advocate of the Supreme Court" were omitted by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 14(b), on 2.3.1985 which were again
inserted through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section
16(6), with effect from 25.8.1987.
Legal Practitioners & Bar Councils Act, 1973 35
95[(s) the procedure to be followed by Tribunals constituted by the Pakistan Bar
Council in inquiries relating to the conduct of an advocate];
(t) the general principles for guidance of the Provincial Bar Councils;
96[(u) the forming, recognition, derecognition and functioning of a Supreme Court
Bar Association or any Bar Association at the national level]:
Provided that no rules made with reference to clause (r) shall have
effect unless they have been approved by the Federal Government:
97[Provided further that, for holding the first elections to the Bar
Councils to be constituted under this Act, rules with reference to clauses (a),
(b) and (c) shall be made by the Federal Government and notified in the
official Gazette].
56. Power of Provincial Bar Council to make rules.--98[A] Provincial Bar Council
may, by notification in the official Gazette, make rules to provide for--
(a) the summoning and holding of meetings of the Bar Council, the times and
places where such meetings are to be held, the conduct of business thereat
and the number of members necessary to constitute a quorum;
(b) the constitution and functions of any Committee of the Bar Council and the
term of office of the members of any such Committee;
(c) the summoning and holding of meetings of the Committees of the Bar
Council, the conduct of business thereat and the number of members
necessary to constitute a quorum;
(d) qualifications and terms and conditions of service of staff to be employed by
the Bar Council;
(e) the matters pertaining to management, administration, utilization and
investment of the fund of the Bar Council;
(f) the constitution of separate funds for special purposes by the Bar Council;
95. Clause (s) of Section 55 was omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance,
1985 (Ordinance XVI of 1985) Section 14(c), on 2.3.85 which was again inserted through the Legal
Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 16(c), with effect from
25.8.1987.
96. By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) Section
12, the following new clause (u) was added on 12.10.1978:
"(u) the forming, recognition and functioning of a Supreme Court Bar Association".
It was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 22, with effect from 15.7.1982.
97. Added through the Legal Practitioners and Bar Councils (Amendment) Act, 1973 (Act XXXVI of 1973) Section
4 (c), with effect from 9.6.1973.
98. The words and comma "subject to the previous approval of the Pakistan Bar Council, a" were substituted for
the word "A" in the beginning of Section 56, through the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 23 (a), with effect from 15.7.1982.
The previous position was restored on 25.8.87, as appears from the present text, by the Legal Practitioners
and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 17, by substituting the word "A" for the
words and comma "Subject to the previous approval of the Pakistan Bar Council, a".
Legal Practitioners & Bar 36 Councils Act, 1973
(g) the maintenance of books of accounts and other books by the Bar Council;
(h) the appointment of auditors and the audit of the accounts of the Bar Council;
(i) the course of practical training in law and the examination to be passed after
such training for admission as an advocate;
(j) the form and manner in which applications for admission as an advocate or
an advocate of the High Court are to be made and the manner in which such
applications are to be disposed of;
(k) the conditions subject to which a person may be admitted as an advocate or
an advocate or an advocate of the High Court;
(l) the procedure to be followed by a Tribunal constituted by the Bar Council in
inquiries relating to the conduct of an advocate;
(m) the forming and regulation of firms of lawyers either throughout the Province
or any specified part thereof;
(n) the recognition, 99[derecognition] and functioning of Bar Associations.
CHAPTER IX
MISCELLANEOUS
57. Grants to Bar Councils.--The Federal Government, in the case of Pakistan Bar
Council, and the Provincial Government, in the case of a Provincial Bar Council, may make
such grants in aid of the funds of the Bar Council as it may deem fit, having regard to the
total number of advocates on the roll of the Council.
58. Penalty for illegal practice.-- 100[(1) Any person who is not an advocate and
practices the profession of law or any person who is not entitled under this Act to practice in
the Supreme Court, a High Court or any other Court or Tribunal subordinate thereto
practices before the said Court or Tribunal shall be punished with imprisonment for a term
which may extend to three years, or with fine upto fifty thousand rupees, or with both.]
(2) Any Advocate who practices the profession of law, or acts or appears as agent
for any other person, while he is suspended from practice, shall be punished with
imprisonment for a term which may extend to one year, or with fine, or with both.
59. Power to frame and publish lists of touts.--(1) Every High Court, District
Judge, Sessions Judge, District Magistrate and every Revenue Officer, not being below the
rank of a Collector of a District (each as regards their or his own Court and the Courts, if any,
subordinate thereto), may frame and publish lists of persons proved, to their or his
satisfaction, or to the satisfaction of any subordinate Court as provided in sub-section (3), by
evidence of general repute or otherwise, to habitually act as touts, and may, from time to
time, alter and amend such lists.
Explanation:--The passing of a resolution, declaring any person to be or not to be a
tout, by a majority of the members present at a meeting, specially convened for the purpose,
99. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII or 1982)
Section 23 (b), with effect from 15.7.1982.
100. Substituted through Act No. XII of 2005.
Legal Practitioners & Bar Councils Act, 1973 37
of an association of persons entitled to practise the profession of law in any Court or revenue
office shall be prima-facie evidence of the general repute of such person and of the fact that
he is, or is not, a tout.
(2) No person's name shall be included in any such list until he shall have had an
opportunity of showing cause against such inclusion.
(3) Any authority empowered under sub-section (1) to frame and publish a list of
touts may send to any Court subordinate to such authority the names of any persons alleged
or suspected to be touts, and order that Court to hold an inquiry in regard to such persons;
and the subordinate Court shall thereupon hold an inquiry into the conduct of such persons
and, after giving each such person an opportunity of showing cause as provided in subsection
(2), shall report to the authority which has ordered the inquiry the name of each such
person who has been proved to the satisfaction of the subordinate Court to be a tout; and
that authority may include the name of any such person in the list of touts framed and
published by that authority:
Provided that such authority shall hear any such person who, before his name is so
included, appears before it and desires to be heard.
(4) A copy of every such list shall be kept hung up in every Court to which the same
relates.
(5) The Court or Judge may, by general or special order, exclude from the precincts
of the Court any person whose name is included in any such list.
(6) Any person who acts as a tout whilst his name is included in any such list shall
be punishable with imprisonment which may extend to three years or with fine, or with both.
Explanation.--Any person ordered to be excluded from the precincts of a Court
under the provisions of sub-section (5), if found on such precincts while such order is in
force, shall be deemed, unless the contrary be proved, to be at such percincts for the
purposes of acting as a tout.
101[(7) Omitted]
(8) An offence under sub-section (6) shall be non-bailable.
102[Omitted]
101. Sub-section (7) of Section 59, which reads as follow, was omitted by the Legal Practitioners and Bar Councils
(Amendment) Ordinance, 1978 (Ordinance No. XL of 1978) Section 13, with effect from 12.10.1978:
"(7) No Court shall take cognizance of an offence under sub-section (6) except:--
(a) upon a complaint made in writing by the President of the Bar Association for the place where such
offence has been committed, or any office-bearer or member of such Association authorised by him in this
behalf; or
(b) upon a report made in writing by a police officer on a complaint made by a person referred to in clause
(a)".
102. The proviso to sub-section (8) of Section 59, which reads as under, was omitted by the Legal Practitioners
and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), Section 24, with effect from
15.7.1982:
Legal Practitioners & Bar 38 Councils Act, 1973
103[59A Omitted]
104[59B. Removal from Bar Association.--(1) An Advocate who has once been
admitted as a member of a Bar Association shall not be expelled or removed from such
membership except on the ground that he has either incurred any of the disqualifications for
the membership of a Bar Council under this Act or been in default in paying the fees of the
Bar Association for a period of not less than twelve months:
Provided that the membership of an advocate who is removed on the ground of his
having been in such default shall stand restored if he pays up the fees due within sixty days
of such removal]:
Provided further that no member of a Bar Association shall be expelled or removed
from membership by any Bar Association without giving him opportunity of being heard.
105[(2) Omitted]
60. Power of the High Court relating to remuneration of advocates.—The High
Court shall from time to time fix and regulate the fees payable by any party in respect of the
fees of his adversary's advocate in all proceedings in such High Court and in the Courts
subordinate to such High Court.
61. Group Insurance.--(1) The Pakistan Bar Council may from time to time arrange
for the insurance of the life of such advocates of the Supreme Court who are borne on its roll
as have not attained the age of sixty-five years, and a Provincial Bar Council may likewise
arrange for the insurance of the life of such advocates borne on its rolls as have not attained
the age of sixty two years, and for such period as it deems fit.
(2) Where any such arrangement as has been referred to in sub-section (1) has
been made by a Bar Council,--
(a) it shall establish a separate Group Insurance Fund which shall vest in and be
administered by the Bar Council;
(b) every advocate whose life has been insured under such arrangement shall
pay to the Bar Council, annually, monthly, or at such other intervals as may
"Provided that no person accused of such offence shall be arrested unless a complaint, alleging that he has
committed such offence is made by a person referred to in clause (a) of sub-section (7)."
103. Section 59 A, reads as under, inserted on 15.7.82 by the Legal Practitioners and Bar Councils (Amendment)
Ordinance, 1982 (Ordinance XVII of 1982) Section 25, was omitted on 25.8.1987 through the Legal
Practitioners and Bar Councils (Amendment) Act,1987 (Act VIII of I987) Section 18:-
"59A. Bar Council or Bar Association not to indulge in political activity.--A Bar Council or a Bar
Association shall perform such functions as are conferred on it by this Act or the rules made thereunder and
shall not indulge in any political activity, directly or indirectly".
104. Inserted on 15.7.1982, by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982
(Ordinance XVII of 1982), Section 25.
105. The following sub-section (2) earlier inserted with Section 59B on 15.7.1982 [by Ordinance (XVII of 1982),
Section 25], was omitted through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of
1987) Section 19, with effect from 25.8.1987:-
"(2) Notwithstanding anything contained in any law or rule, the right of an advocate to practice as such shall
not be dependant upon his being a member of a Bar Association or be affected in any manner by reason only
of his not being, or having ceased to be member, or of his having been removed from the membership, of a
Bar Association".
Legal Practitioners & Bar Councils Act, 1973 39
be prescribed, such sum of money as the premium for the insurance of his
life, as may be determined by the Bar Council;
(c) all sums received as premia under clause (b) and any interest or profit
accruing thereon shall be credited into the Group Insurance Fund of the Bar
Council;
(d) all expenses incurred by the Bar Council on the arrangements with an
Insurance Company or other insurer and on the administration of the Group
Insurance Fund shall be defrayed from such Fund; and
(e) any sums remaining in such fund after defraying the expense referred to in
clause (d) may be utilized for such purposes connected with the welfare of
advocates as may be prescribed.
(3) The provisions of sub-section (4) of Section 34 shall apply to the insurance
premia required to be paid under clause (d) of sub-section (2), as if such premia were an
annual fee or instalment of a fee payable under that section.
62. Benevolent Fund.--(1) A Bar Council may establish a fund to be called the
Advocates Benevolent Fund.
(2) Where a Bar Council establishes a Benevolent Fund--
(a) if it be the Pakistan Bar Council, every advocate of the Supreme Court
106[borne on its roll], and if it be a Provincial Bar Council, every advocate
borne on its rolls, shall pay to the Benevolent Fund, annually, monthly or at
such other intervals as may be prescribed, such amount as his contribution to
the Fund as may be determined by the Bar Council;
(b) the moneys credited into the Fund shall be kept in such bank as may be
prescribed;
(c) the Fund shall be utilized, in such manner as may be prescribed by the Bar
Council for--
(i) the relief of advocates and their families;
(ii) giving financial relief to the families of deceased advocates;
(iii) making grants to advocates on special occasions; and
(iv) defraying expenditure in respect of the management of the Fund.
106. The words "borne on its roll”, were omitted on 2.3.1985 by the Legal Practitioners and Bar Councils
(amendment) Ordinance, 1985 (Ordinance XVI of 1985) Section 15. The same words were again inserted
through the Legal Practitioners and Bar Councils, (Amendment) Act, 1987 (Act VIII of 1987) Section 20, with
effect from 25.8.1987.
Legal Practitioners & Bar 40 Councils Act, 1973
(3) The provisions of sub-section (4) of Section 34 shall apply to the contributions
required to be made to the Benevolent Fund under clause (a) of sub-section (2) as if such
contributions were an annual fee or installment of fee payable under that section.
107[(4) An advocate shall not exercise the rights and privileges under this Act without
making payment of the dues to the Pakistan Bar Council or a Provincial Bar Council as may
be prescribed by the Rules or Bye-laws of such Bar Council.
(5) Every advocate shall be liable to pay contributions to the Benevolent Fund under
this Section and the Rules made thereunder to the Provincial Bar Council concerned
notwithstanding his enrolment as an advocate or advocate-on-record of the Supreme Court
of Pakistan.]
63. Validation.--(1) Notwithstanding the Constitution of New Provinces and the
establishment of new High Courts by or under the Province of West Pakistan (Dissolution)
Order 1970, (P.O. No. 1 of 1970), or any law, judgment, order or decree of a Court--
(a) any power exercised or functions and duties performed or undertaken by the
Pakistan Bar Council or the West Pakistan Bar Council constituted under the
Legal Practitioners and Bar Councils Act, 1965 (III of 1965), or by any
Committee thereof, or Tribunal appointed by it, in accordance with provisions
of the said Act, shall always be deemed to have been validly exercised,
performed or undertaken; and
(b) no action, proceeding, decision, order or finding of such Bar Council,
Committee or Tribunal shall be called in question before any Court or other
authority, only on the ground of the dissolution of the Province of West
Pakistan, the constitution of new Provinces in its place or the establishment of
new High Courts in the place of the High Court of West Pakistan.
108[64. Repeal.—Omitted]
107. Added through Act No. XII of 2005.
108. Sections 64,65 and 66, read as under, were omitted, with effect from 8.7.1981, by the Federal Laws (Revision
and Declaration) Ordinance, 1981 (Ord. XXVII of 1981) Section 3 and Sch. II:--
"64. Repeal.--The Legal Practitioners and Bar Councils Act, 1965 (III of 1965), hereinafter referred to as the
said Act, is hereby repealed.
65. Continuance of Existing Bar Councils.--Notwithstanding the repeal of the said Act,--
(a) the Pakistan Bar Council constituted under the said Act shall, until the constitution of the Pakistan Bar
Council under this Act, be deemed to be the Pakistan Bar Council under this Act and shall, save as
otherwise provided in this Act, have the same powers, functions, rights and liabilities as the Pakistan
Bar Council under this Act, and the Chairman, Vice-Chairman, members, Committees and Tribunals of
the said Bar Council shall be deemed to be the Chairman, Vice-Chairman, members, Committees and
Tribunals of the Pakistan Bar Council for the purposes of this Act and the rules made thereunder;
(b) the Provincial Bar Councils constituted under the said Act shall, until the constitution of the Provincial
Bar Councils under this Act, be deemed to be the Provincial Bar Councils for the purposes of this Act,
and shall, save as otherwise provided in this Act, have the same powers, functions, rights and liabilities
as the Provincial Bar Councils constituted under this Act and the Chairman, Vice-Chairman, members,
Legal Practitioners & Bar Councils Act, 1973 41
103[65. Continuance of existing Bar Councils.—Omitted]
103[66. Dissolution of existing Bar Councils etc.--Omitted]
67. Continuance in service of the employees of the West Pakistan Bar
Council.--Every person in the employment of the West Pakistan Bar Council immediately
before its dissolution, at whatever place he may for the time being be serving, shall be
deemed, as from the constitution of Provincial Bar Councils under this Act, to be in the
employment of the Bar Council for the Province or Provinces in which the said place is
situated, and shall be entitled to the same terms and conditions of service as respects
remuneration and leave as he was entitled to before the constitution of the last named
Council.
Committees and Tribunals of each such Bar Council shall be deemed to be the Chairman, Vice-
Chairman, members, Committees and Tribunals of the Provincial Bar Council for the purposes of this
Act and the rules made thereunder;
(c) until new rules under this Act are framed, the rules framed under the said Act shall, so far as applicable
and with the necessary adaptations, remain in force and shall take effect as rules made under this Act.
66. Dissolution of existing Bar Councils etc.--(1) On the constitution of Bar Councils under this Act,--
(a) the Pakistan Bar Council and the Provincial Bar Councils constituted under the said Act shall stand
dissolved;
(b) all properties and assets vesting in the Pakistan Bar Council constituted under the said Act shall vest in
the Pakistan Bar Council constituted under this Act;
(c) all properties and assets vesting in the West Pakistan Bar Council constituted under the said Act shall
be apportioned among and vest in the Bar Councils constituted under this Act for the Provinces of
Baluchistan and Sindh, the North-West Frontier Province and the Province of the Punjab in the same
proportion which the contributions made and fees paid to the West Pakistan Bar Council by persons
borne on the roll of that Bar Councils from the regions which respectively form the said Provinces bear
to the total contributions made and fees paid to the said Bar Councils by all the persons borne on the
roll of the said Bar Council;
(d) all rights, liabilities and obligations of the Pakistan Bar Council constituted under the said Act whether
arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Pakistan Bar
Council constituted under this Act;
(e) all rights, liabilities and obligations of the West Pakistan Bar Council constituted under the said Act,
shall be the rights, liabilities and obligations of the Bar Councils constituted under this Act for the
Provinces of Baluchistan and Sindh, the Norlh-West Frontier Province and the Province of the Punjab in
the same proportion as is mentioned in clause (d);
(f) all proceedings pending before the Pakistan Bar Council constituted under the said Act in respect of
any disciplinary matter or otherwise shall stand transferred to the Pakistan Bar Council constituted
under this Act;
(g) all proceedings pending before the West Pakistan Bar Council constituted under the said Act in respect
of any disciplinary matter or otherwise shall stand transferred to such one of the Provincial Bar Councils
constituted under this Act as would have had jurisdiction to dispose of the proceedings had they been
instituted before it after the coming into force of this Act;
(h) all proceedings pending before a Tribunal constituted by the Pakistan Bar Council under the said Act
shall stand transferred to such Tribunal constituted by the Pakistan Bar Council under this Act as may
be specified by it;
(i) all proceedings pending before a Tribunal constituted by the West Pakistan Bar Council under the said
Act shall stand transferred to such Tribunal constituted under this Act as would have had jurisdiction to
dispose of the proceedings had they been instituted before it after the coming into force of this Act".
Legal Practitioners & Bar 42 Councils Act, 1973
68. Savings.--(1) Nothing in this Act shall apply to mukhtars and revenue agents
and every mukhtar and revenue agent practicing as such immediately before the
commencement of this Act shall continue to enjoy the same rights as respects practice in
any Court or revenue office or before any authority or person as he enjoyed, and be subject
to the disciplinary jurisdiction of the same authority to which he was subject, immediately
before such commencement, and the provisions of the Legal Practitioners Act, 1879 (Act
XVII of 1879), or other law shall have effect in relation to such persons as if they had not
been repealed by the said Act.
109[(2) Omitted]
110[69. Removal of difficulties.—Omitted].
109. Omitted through Act XII of 2005.
110. Section 69, read as under, was omitted, with effect from 8.7.1981, by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (Ord. XXVII of 1981) Section 3 and Sch. II:--
"69. Removal of difficulties.--If any difficulty arises in giving effect of the provisions of this Act, particularly in
relation to the holding of the first elections under this Act to a Bar Council or the devolution or apportionment
of the properties, assets, rights, liabilities and obligations of the West Pakistan Bar Council constituted under
the said Act or the transfer of the proceedings pending before that Council, the Federal Government may, by
order published in the official Gazette, make such provisions, not inconsistent with the purposes of this Act, as
appear to it to be necessary or expedient for removing the difficulty".
Legal Practitioners & Bar Councils Act, 1973 43
SCHEDULE
[See Section 5(2)(b)]
PUNJAB BAR COUNCIL
Group of Districts-1 Seats
Name of District:
(1) Bahawal Nagar ………………………………………… 01
(2) Bahawalpur ………………………………………… 03
(3) Rahim Yar Khan ………………………………………… 02
Group of Districts-II Seats
Name of District:
(1) Dera Ghazi Khan ………………………………………… 01
(2) Layah ………………………………………… 01
(3) Muzaffargarh ………………………………………… 02
(4) Rajanpur ………………………………………… 01
Group of Districts-Ill Seats
Name of District:
(1) Khanewal ………………………………………… 02
(2) Lodharan ………………………………………… 01
(3) Multan ………………………………………… 04
(4) Pakpattan ………………………………………… 01
(5) Sahiwal ………………………………………… 02
(6) Vehari ………………………………………… 02
Group of Districts-lV Seats
Name of District:
(1) Faisalabad ………………………………………… 04
(2) Jhang ………………………………………… 02
(3) TobaTek Singh ………………………………………… 01
Group of Districts-V Seats
Name of District:
(1) Attock ………………………………………… 01
(2) Chakwal ………………………………………… 01
(3) Islamabad ………………………………………… 01
(4) Jhelum ………………………………………… 01
(5) Rawalpindi ………………………………………… 04
Legal Practitioners & Bar 44 Councils Act, 1973
Group of Districts-VI Seats
Name of District:
(1) Bhakkar ………………………………………… 01
(2) Khushab ………………………………………… 01
(3) Mianwali ………………………………………… 01
(4) Sargodha ………………………………………… 02
Group of Districts-VlI Seats
Name of District:
(1) Gujranwala ………………………………………… 03
(2) Gujrat ………………………………………… 02
(3) Hafizabad ………………………………………… 01
(4) Mandi Bahauddin ………………………………………… 01
(5) Narowal ………………………………………… 01
(6) Sialkot ………………………………………… 02
Group of Districts-VIII Seats
Name of District:
(1) Kasur ………………………………………… 02
(2) Lahore ………………………………………… 16
(3) Okara ………………………………………… 02
(4) Sheikhupura ………………………………………… 02
SINDH BAR COUNCIL
Group of Districts-I Seats
Name of District:
(1) Karachi (South) ………………………………………… 06
(2) Karachi (Central) ………………………………………… 04
(3) Karachi (East) ………………………………………… 04
(4) Karachi (West) ………………………………………… 01
(5) Malir ………………………………………… 01
Group of Districts-II Seats
Name of District:
(1) Badin + Thatta ………………………………………… 01
(2) Dadu ………………………………………… 01
(3) Hyderabad ………………………………………… 03
Legal Practitioners & Bar Councils Act, 1973 45
Group of Districts-Ill Seats
Name of District:
(1) Sukkur ………………………………………… 02
(2) Ghotki ………………………………………… 01
(3) Khairpur ………………………………………… 01
(4) Naushero Feroz ………………………………………… 01
(5) Nawab Shah ………………………………………… 01
Group of Districts-lV Seats
Name of District:
(1) Jaccobabad ………………………………………… 01
(2) Larkana ………………………………………… 02
(3) Shikarpur ………………………………………… 01
Group of Districts-V Seats
Name of District:
(1) Mirpur Khas ………………………………………… 01
(2) Sanghar ………………………………………… 01
N.W.F.P. BAR COUNCIL
Group of Districts-I Seats
Name of District:
(1) Peshawar ………………………………………… 07
(2) Charsadda ………………………………………… 01
(3) Nowshera ………………………………………… 01
Group of Districts-II Seats
Name of District:
(1) Mardan ………………………………………… 02
(2) Swabi ………………………………………… 01
Group of Districts-Ill Seats
Name of District:
(1) Kohat+Hangu ………………………………………… 02
(2) Karak ………………………………………… 01
Group of Districts-lV Seats
Name of District:
(1) D.I. Khan+Tank ………………………………………… 02
Legal Practitioners & Bar 46 Councils Act, 1973
(2) Banuu ………………………………………… 01
(3) Lakki Marwat ………………………………………… 01
Group of Districts-V Seats
Name of District:
(1) Haripur ………………………………………… 01
(2) Abbottabad ………………………………………… 02
(3) Mansehra + Batagram ………………………………………… 02
Group of Districts-Vl Seats
Name of District:
(1) Mingora (Swat) ………………………………………… 01
(2) Shangla (Alpuri) + Kohistan ……………………………………… 01
(3) Daggar(Buner) + Malakand at Batkhela………………………… 01
(4) Timargara(Dir) + Dir Bala ………………………………………… 01
(5) Chitral ………………………………………… 01
BALOCHISTAN BAR COUNCIL
Group of Districts-I Seats
Name of District:
Quetta + Chagi + Noshki + ………………………………………… 04
Khuzdar + Mustong + Kalat
Group of Districts-II Seats
Name of District:
Kech + Panjgor + Gwadar + ……………………………………… 01
Lasbella+Kharan+Awaran
Group of Districts-Ill Seats
Name of District:
Sibbi + Bolan + Nasirabad + ……………………………………… 01
Jaffarabad + Jhalmagsi + Kohlo +
Dera-Bugti
Group of Districts-lV Seats
Name of District:
Zhob + Loralai + Musakhel + ……………………………………… 01
Barkhan + Ziarat + Killa Saifullah +
Killa Abdullah+Pashin
-------------------------------

THE NEGOTIABLE INSTRUMENTS ACT, 1881

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (XXVI OF 1881) (9th December, 1881)

An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.
Preamble. Whereas it is expedient to define and amend the law relating to promissory notes, bills of exchange and cheques; It is hereby enacted as follows:-
For Statement of Objects and Reasons, see Gaz. of India, 1876, p. 1886; for the Reports of the Select Committee, see lbid 1877, Pt. V,p 1878., Pt. V, p. 145, 1879, Pt. V, p.75; 1881, Pt. V.p. 85.
CHAPTER I PRELIMINARY
1. Short title:- This Act may be called the Negotiable Instruments Act, 1881. Local extent. Saving of usages relating to hundis, etc.
Commencement:- It extends to the whole of Pakistan, but nothing herein contained affects [the provisions of Sections 24 and 35 of the State Bank of Pakistan Act, 1956]; and it shall come into force on the first day of March, 1882.
1A. Application of the Act:- Every negotiable instrument shall be governed by the provisions of this Act, and no usage or custom at variance with any such provision shall apply to any such instrument.
2. Repeal of enactments:- Rep by the Amending Act, 1891 (XII of 1891)
3. Interpretation clause:- In this Act, unless there is anything repugnant in the subject or context:-
(a) "accommodation party" means a person who has signed a negotiable instrument as a marker, drawer acceptor or endorser without receiving the value thereof and for the purpose of lending his name to some other person;
(b) "banker" means a person transacting the business of accepting, for the purpose of lending or investment, of or deposits of money from the public, repayable on demand otherwise withdrawable by cheque, draft, order, or otherwise, and includes any Post Office Savings Bank;.
(c) "bearer" means a person who by negotiable comes into possession of a negotiable instrument, which is payable to bearer,
(d) "delivery" means transfer of possession actual or constructive, from one person to another;
(e) "issue" means the first delivery of a promissory notice, bill of exchange of cheque complete in form to a person' who takes it as holder .
(f) "material alteration" in relation to a Promissory note, bill, of exchange or cheque includes an alteration of the date, the sum payable, the time of payment, the of payment, and, where any such instrument has been accepted generally, the addition of a place of payment without the acceptor's assent, and
(g) "notary public" includes any person appointed by the Central Government to perform the functions of notary public under this Act and a notary appointed under the Notaries Ordinance, 1961.
CHAPTER II OF NOTES, BILLS AND CHEQUES
4. "Promissory note." A "promissory note" is in an instrument in writing (not being a bank-note or a currency note) containing an unconditional undertaking signed by the maker, to pay on demand or at a fixed or determinable future time] a certain sum of money only to, or to the order of a certain person, or to the bearer of the instrument.
Illustrations
A signs instruments in the following terms:
(a) "I promise to pay B or order Rs. 500."
(b) "I acknowledge myself to be indebted to B in Rs. 1,000 to be paid on demand, for value received.
(c) "Mr B, I O U Rs. 1,000."
(d) "I promise to pay B Rs. 500 and all other sums which shall be due to him"
(e) "I promise to pay B Rs. 500, first deducting there out any money which he may owe me."
(f) "I promise to pay B Rs. 500 seven days after my marriage with C."
(g) "I promise to pay B Rs. 500 on D's death, provided D leaves me enough to pay that sum."
(h) "I promise to pay B. Rs. 500 and to deliver to him my black horse on 1st January next.
The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.
5. A "bill of exchange" is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay on demand or at a fixed or determinable future time] a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.
A promise or order to pay is not "conditional," within the meaning of this section and section 4, by reason of the time for payment of the amount or any installment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event according to the ordinary expectation of mankind, is certain to happen although the time of its happening may be uncertain.
The sum payable may be "certain" within the meaning of this section and section 4, although it includes further interest or is payable at an indicated rate of exchange, or is 5 at the current rate of exchange, and although it is to be paid in stated installments and contains a provision that on default of payment of one or more installments or interest, the whole or the unpaid balance shall become due.
Where the person intended can reasonably be ascertained from the promissory note or the bill of exchange, he is a "certain person" within the meaning of this section and section 4, although he is misnamed or designated by description only.
An order to pay out of a particular fund is not unconditional within the meaning of this section; but an unqualified order, to pay, coupled with:-
(a) an indication of a particular fund out of which the drawee is to reimburse himself or a particular account to be debited to the amount, or
(b) a statement of the transaction which gives rise to the note or bill, is unconditional.
Where the payee is a fictitious or non-existing person the bill of exchange may be treated as payable to bearer.
6. "Cheque". A "cheque" is a bill of exchange drawn on a specified banker and not expressed payable otherwise than on demand.
(*) By one of his many customers.
7. "Drawer" "Drawee" The marker of a bill of exchange or cheque is called the "drawer;" the person thereby directed to pay is called the "drawee." "Drawee in case of need," When in the bill or in any endorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need such person is called a "drawee in case of need".
"Acceptor" After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf he is called the "acceptor."
"Acceptor for honour."--- When a bill of exchange has been noted or protested for non-acceptance or for better security, and any person accepts is supra protest for honour of the drawer or of any one of the endorsers, such person is called an "acceptor for honour."
"Payee."---The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid is called the "payee."
8. "Holder"--- The "holder" of a promissory note, bill of exchange or cheque means the payee or endorsee who is in possession of it or the bearer thereof but does not include a beneficial owner darning through a benamidar.
Explanation. Where the note, bill or cheque is lost and not found again, or is destroyed, the person in possession of it or the bearer thereof. at the
time of such loss or destruction shall be deemed to continue to be its holder.
9. "Holder in due course."--- "Holder in due course" means any person who for consideration becomes the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before it became overdue, without notice that the title of the person from whom he derived his own title was defective.
Explanation. ---For the purposes of this section the title of a person to a promissory note, bill of exchange or cheque is defective when he is not entitled to receive the amount due thereon by reason of the provisions of section 58.
10. "Payment in due course."--- "Payment in due course" 'means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.
11. Inland instrument-- A promissory note, bill of exchange or cheque drawn or made in Pakistan and made payable in, or drawn upon any person resident in, Pakistan shall be deemed to be an inland instrument.
12. Foreign Instrument--- Any such instrument not so drawn, made or made payable shall be deemed to be foreign instrument.
13. "Negotiable instrument".(l) A negotiable instrument means a promissory note, bill of exchange or cheque payable either, to order or to bearer.
Explanation (I). --- A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting, transfer or indicating an intention that it shall not be transferable.
Explanation (II). A promissory note, bill of exchange or cheque is payable to bearer which, is expressed to be so payable or on which the only or last endorsement is an endorsement in blank.
Explanation (III), A promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed, to be payable to the order of a
specified person, and not to him or his order it is nevertheless payable to him or his order at his option.
(2) A negotiable instrument may be made payable to two more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees
14. Negotiation.--- When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiable.
15. Endorsement.--- When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiable, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to endorse the same, and is called the "endorser".
16. Endorsement "in blank" and "in full".---(l) If the endorser signs his name only, the endorsement is said to be "in blank", and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the endorsement is said to be 'in full", and the person so specified is called the "endorsee" of the instrument.
"Endorsee".
(2) The provisions of this Act relating to a payee shall apply with the necessary modifications to an endorsee.
17. Ambiguous instruments----- Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either and the instrument shall be then certificate reforward treated accordingly.
18. Where amount is stated differently in figures and words.---If the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.
Provided that if the words, are ambiguous or uncertain, the amount may be ascertained by referring to the figures.
19. Instruments payable on demand.--- A promissory note or bill of exchange is payable on demand,---
(a) where it is expressed to be so, or to be payable at sight or on presentment; or
(b) where no time for payment is specified in it; or
(c) where the note or bill accepted or endorsed after it is overdue, as regards the person accepting or indorsing it
20. Inchoate stamped instruments.---(1) Where one person signs and delivers to another a paper stamped in accordance with the law relating to stamp duty chargeable on negotiable instruments, either wholly blank or having written thereon an incomplete negotiable instrument, in order that it may be made, or completed in to a negotiable instrument he thereby gives prima facie authority to the person whoo receives that paper to make or complete it, as the case may be, into a negotiable instrument for the amount, if any, specified therein, or, where no amount is specified, for any amount, not exceeding, in either case, the amount covered by the stamp.
(2) The person so signing shall, subject to the provisions of sub-section (3), be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course, for the amount specified in the instrument or filled upon therein:
Provided that no person other than a holder in due course shall receive from the person so signing the paper anything in excess of the amount intended by him to be paid thereunder
(3) In order that any such instrument may on corn be enforceable against any person who became a party thereto before such completion, it must be filled up within a reasonable time and strictly in accordance with the authority given:
Provided that if any such instrument after completion is negotiable to a holder in due course, it Shall be valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up within a reachable time and strictly in accordance with the authority given.
21. "At sight," "On presentment". "After sight".--- The expressions "at sight" and "on presentment" means on demand. The expression "after sight" means, in a promissory note, after presentment for sight, and, in a bill of
exchange, after acceptance, or noting for non- acceptance, or protest for non acceptance.
21A. When note or bill payable on demand is overdue.-A promissory note or bill of exchange payable on demand shall be, deemed to be overdue when it appears on the face of it to have in circulation for an unreasonable length of time.
21B. A note or bill payable at a determinable future time:- A promissory note or bill of exchange is payable at a determinable future time within the meaning of this Act if it is expressed to be payable---
(a) at a fixed time after date or sight ; or
(b) on or at a fixed time after the occurrence of a specified event which is certain to happen, though the time of its happening may be uncertain.
21C. Anti-dating and post-dating.-- A promissory note, bill of exchange or cheque is not invalid by reason only that i; is anti-dated or post-dated;
Provided that the anti-dating or post-dating does not involve any illegal or fraudulent purpose or transaction.
22. "Maturity".---- The maturity of a promissory note or bill of exchange is the date at which it falls due.
Days of grace--- Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.
23. Calculating maturity of bill of note payable so many months after date or sight.--In calculating the date at which a promissory note or bill of exchange, made payable a stated number of months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of the month which corresponds with the day on which the instrument is dated, or presented for acceptance or sight, or noted for non-acceptance, or protested for non-acceptance or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. If the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month.
Illustrations
(a) A negotiable instrument, dated 29th January, 1878, is made payable at one month after date. The instrument is at maturity on the third day after the 28th February, 1878.
(b) A negotiable instrument, dated 30th August 1878, is made payable three months after date. That instrument is at maturity on the 3rd December, 1878.
(c) A promissory note or bill of exchange, dated 31st August 1878, is made payable three months after date The instrument is at maturity on the 3rd December, 1878.
24. Calculating maturity of bill of note payable so many days after date or sight ---In calculating the date at which a promissory note or bill of exchange made payable a certain number of days after date or after sight or after certain event is at maturity, the day of the date, or of presentment for acceptance of sight, or of protest for non-acceptance, or on which the event happens, shall be excluded.
25. When day of maturity is a holiday.---When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day.
Explanation:- The expression "public holiday" shall mean the day or days declared by the Federal Government, by notification in the official Gazette to be public holidays.
CHAPTER III PARTIES TO NOTES BILLS AND CHEQUES
26. Capacity to make, etc. promissory notes, etc.-- Every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, endorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.
Minor. Where such an instrument is made, drawn or negotiated by a minor, the making, drawing or negotiating entitles the holder to receive payment of such instrument and to enforce it against any party thereto other than the minor.
27. Agency every person capable of binding himself or of being bound, [by the making, drawing, acceptance or negotiation of a negotiable instrument, may so bind himself or be bound by a duly authorized agent acting in his name.
A general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal.
An authority to draw bills of exchange does not of itself import an authority to endorse.
27A. Authority of partners.--- A partner acting in the firm name may bind the firm by the making, drawing, acceptance or :negotiation of a negotiable instrument to the extent authorized by law relating to partnership for the time being in force.
28. Liability of agent signing.---(l) Where a person signs a promissory note, of exchange or cheque without adding to his signature words indicating that he signs it as an agent for and on behalf of a principal or in a representative character, he is personally liable thereon but the mere addition to his signature of words describing him as an agent or as filling a representative character does not exempt him from personal liability.
(2) Notwithstanding anything contained in sub-section (1), any person signing a promissory note, bill of exchange or cheque for and on behalf of the principal is not liable to a person who induces him to sign upon the belief that the principal alone would be held liable.
28A. Transferor by delivery and transferee. (1) Where the holder of a negotiable instrument payable to bearer negotiates it by delivery without indorsing it, he is called a "transferor by delivery".
(2) A transferor by delivery is not liable on the instrument.
(3) A transferor by delivery who negotiates a negotiable instrument thereby warrants to is immediate transferee, being a holder for consideration, that the instrument is what it purports to be, that, he has a right to transfer it, and that at the time of transfer he is not aware of any defect which renders it valueless.
29. Liability of legal representative signing---A legal representative of a deceased person who signs his name to a promissory note, bill of
exchange or cheque is liable personally thereon Unless he expressly limits his liability to the extent of the assets received by him as such.
29A. Signature essential to liability.---No person is liable as maker, drawer, endorser or acceptor of a promissory note, bill of exchange or cheque who has not signed it as such:
Provided that where a person signs any such instrument in a trade or assumed name he is liable thereon as if he had signed it in his own name.
29B. Forged or unauthorized signature.--- Subject to the provisions of this Act, where a signature on a promissory note, bill of exchange or cheque is forged or placed thereon without the authority of the person whose signature it purports to be, the forged, or unauthorized signature is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of' the instrument is precluded from setting up the forgery or want of authority:
Provided that nothing in this section shall effect the ratification of an unauthorized signature not mounting to a forgery.
129C. Stranger signing instrument presumed to be endorser.---A person placing his signature upon a negotiable instrument otherwise than as maker, drawer or acceptor is presumed to be an endorser unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
30. Liability of drawer. --- (1) (a) The drawer of a bill of exchange by drawing it, engages that on due presentment it shall be accepted and paid according to its tenor, and that it be dishonoured, he will compensate the holder or any endorser who is compelled to pay it, and
(b) the drawer of a cheque by drawing it, engages that in the case of dishonour by the drawee he will compensate the holder;
Provided that due notice of dishonour of the bill or cheque has been given to or received by the drawer as hereinafter provided.
(2) The drawee of a bill of exchange is not liable thereon until acceptance in the manner provided by this Act.
31. Liability of drawee of cheque.---The drawer of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and, in default of such payment, must compensate the drawer for any toss or damage caused by such default.
32. Liability of maker of note and acceptor of bill.---(1) In the absence of a contract to the contrary, the maker of a promissory note, by making it, the acceptor before maturity of a. of exchange by accepting it, engages that he will pay it according to the tenor of the note or his acceptance respectively, and in default of such payment, such maker or acceptor is bound to compensate any party to the :note or bill or any loss or damage sustained by him and caused by such default.
(2) The acceptor of a bill of exchange at or after maturity, by accepting it, engages to pay the amount thereof to the holder on demand.
33. Only drawee can be acceptor except in need or for honour.---No person except the drawee of a bill of exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an acceptance.
34. Honour Acceptance by several drawees not partners.---Where there are several drawees of a bill of exchange who are not partners, each of them can accept it for himself, but none of them can accept it for another without his authority.
35. Liability of endorser.---In the absence of a contract to the contrary, the endorser of a negotiable instrument, by indorsing it, engages that on due presentment it shall be accepted and paid according to its tenor and that if it be dishonoured he will compensate the holder or subsequent endorser who is compelled to pay it for any loss or damage caused to him by such dishonour.
Every endorser after dishonour is liable as upon an instrument payable on demand.
36. Liability of prior parties to holder .in due course.--. Every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied.
37. Maker, drawer and acceptor principals.---- The maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and the
acceptor are, in the absence or a contract to the contrary, respectively liable thereon as principal debtors, and the other parties thereto re liable thereon as sureties for the maker, drawer or acceptor, as the case may be.
38. Prior party a principal in respect of each subsequent party.---As between the parties so liable as sureties, such prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent arty.
Illustration
A draws a bill payable to his own order of B who accepts, A afterwards endorses the bill to C, C to D and D to E. As between E and, B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.
38A. Liability of accommodation and position of accommodation party.---(1) An accommodation party is liable on a negotiable instrument to a holder in due course, notwithstanding that when such holder took the instrument he knew such party to be an accommodation party.
(2) An accommodation party to a negotiable instrument, if he has paid the amount thereof, is entitled to recover such amount from the party accommodated.
39. Suretyship.---When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under Section 134 or 135 of the Indian Contract Act, 1872, would discharge, the other parties, the holder may expressly reserve his right to charge in other parties, and in such case they are not discharged.
40. Discharge of endorser's liability.---Where the holder of a negotiable instrument, without the consent of the endorser, destroys or impairs the endorser's remedy against a prior party, the endorser is discharged from liability to the holder to the safe extent as if the instrument had been paid at maturity.
Illustration
A is the holder of a bill of exchange made payable to the order of B, which contains the following endorsements in blank--
First endorsement, "B"
Second endorsement, "Peter Williams."
Third endorsement, "Wright & Co."
Fourth endorsement, "John Rozario."
This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the endorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Razario.
41. Acceptor bound, although, endorsement forged.---An acceptor of a bill of exchange already endorsed is not relieved from liability by reason that such endorsement is forged, if he knew or had reason to believe the endorsement to be forged when he accepted the bill.
42. Acceptance of bill drawn in fictitious name. An acceptor of a bill of exchange drawn in a fictitious name and payable to the drawer's order is not, by reason that such name is fictitious, relieved from liability to an holder in due course darning under an endorsement by the same hand as the, drawer's signature, and purporting to be made by the drawer.
43. Negotiable instrument made etc., without consideration.---- A negotiable instrument made, drawn, accepted, endorsed or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without endorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto.
Exception I. --- No party for whose accommodation negotiable instrument has been made, drawn accepted or endorsed can, if he has paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation.
Exception II.---No party to the instrument who has induced any other party to make, accept, endorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover thereon an amount exceeding the value of the consideration (if any) which he has actually paid or performed.
44. Partial absence or failure of money consideration.-- When the consideration for which. a person signed a promissory note, bill of exchange or cheque consisted of money and was originally absent in part or has subsequently failed in part, the sum which a holder standing in
immediate relation with such signer is entitled to receive from him to proportionally reduced.
Explanation. ---The drawer of a bill of exchange stands in immediate relation with the acceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the, payee, and the endorser with his endorsee. Other signers may. by agreement stand in immediate relation with a holder.
Illustration
A draws a bill on B for Rs. 500 payable to the order of A. B accepts the Bill, but subsequently dishonors it by non-payment. A Sues B on the bill. B proves that it was acc for value as to Rs. 400, and. as an accommodation to the plaintiff as to the residue. A can only recover Rs. 400.
45. Partial failure of consideration not consisting of money. --- Where a part of the consideration for which a person, signed a promissory note, bill of exchange or cheque, though not consisting of money, is ascertainable in money without collateral enquiry, and there has been a failure of that part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced:
45A. Holder's right to duplicate of lost bill.---Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.
CHAPTER IV
OF NEGOTIATION
46. Delivery.---The making, acceptance or endorsement of promissory note, bill of exchange or cheque is completed by delivery, actual or constructive.
As between parties standing in immediate relation, delivery to be effectual must be made by the party making accepting or indorsing the instrument, or by a person authorized by him in that behalf.
As between such parties and any holder of the instrument other than a holder in due course, it my be shown that the instrument was delivered conditionally or
for a special purpose only, and not for the purpose of transferring absolutely the property therein.
A promissory note, bill of exchange or cheque payable to' bearer is negotiable by the delivery thereof
A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by endorsement and delivery thereof.
47. Negotiation by delivery.---Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to bearer is negotiable by delivery thereof.
Exception.---A promissory note bill of exchange or cheque delivered or condition that it is not to take effect except in a certain event is not negotiable (except in the hands of a holder for value without notice of the condition) unless such event happens.
Illustration
(a) A, the holder of a negotiable instrument payable o bearer, delivers, it to B's agent to keep for B. The instrument ha been negotiated.
(b) A, the holder of a negotiable instrument payable to bearer, which is in the hands of A's banker, who is at the time the banker of B, directs the banker to transfer the instrument to B's credit in the banker's account with B. The banker does so, an accordingly now possesses the instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.
48. Negotiation by endorsement..---- Subject to the provisions of section 58 a promissory note, bill of exchange or cheque payable to order in negotiable by the holder by endorsement and delivery thereof.
49. Conversion of endorsement in blank into endorsement in full---When a negotiable instrument has been endorsed in blank, any holder may without signing his own name, convert the blank endorsement in to an endorsement in full by writing above the endorser's signature a direction to pay the amount to or the order of himself or some other person; and the holder endorsement in full by writing above the endorser's signature a direction to pay the amount to or the order of himself or some other
person; and the holder ..may without signing hi own name, convert does not thereby incur the. responsibility of an. endorser.
50. Effect of endorsement.---(1) Subject to the provisions of this Act relating to restrictive, conditional and qualified endorsement, the endorsement of a negotiable in followed by delivery transfers to the endorsee the property therein' with the right of further negotiation.
(2) An endorsement is restrictive which either--
(a) restricts or excludes the right to further negotiate the instrument, or
(b) constitutes the endorsee an agent of the endorser to endorse the instrument or to receive its contents for the endorser or for some other specified person.
Provided that the mere absence of words implying, right to negotiate does not make the endorsement restrictive.
Illustrations
B signs the following endorsements on different negotiable instruments payable to bearer-----
(a) "Pay the contents to C only." (b) "Pay C for any use." (c) "Pay C or order for the account of B." (d) "The within just be credited to C."
These endorsements exclude the right of further negotiation by C.
(e) "Pay C." (f) "Pay C value in account with the Oriental Bank." (g) "Pay the contents to C, being part of the consideration in a certain deed of assignment executed by C to the endorser and others.
These endorsements do not exclude the right of further negotiation by C.
51. Who may negotiate.---Every sole-maker, drawer, payee or endorsee, or all of several joint makers, drawers, payees or endorsees, of a negotiable instrument may, if the negotiability of such instrument has not been restricted or excluded as mentioned in Section 50, endorse and negotiate the same.
Explanation. --- Nothing in this section enables a maker or drawer to endorse or negotiable an instrument, unless he is in lawful possession or is holder thereof or
enables a payee or endorsee to endorse or negotiate an instrument, unless he is holder thereof.
Illustration
A bill is drawn payable to A or order, A endorses it to B, the endorsement not containing the words "or order" or any equivalent words. B may negotiate the instrument.
52. Endorser who excludes his own liability or makes it conditional---The endorser of a negotiable instrument may, by express words in the endorsement, exclude his own liability thereon, or make such liability or the right of the endorsee to receive the amount due thereon defend upon the happening of a specified event, although such event may never happen.
When an endorser so excludes his liability and afterwards becomes the holder of the instrument, all intermediate endorsers are liable to him.
Where the right of an endorsee to receive the amount due on the negotiable instrument is made dependent in the aforesaid manner the condition is valid only as between the endorser and the endorsee.
Where the endorsement of a negotiable instrument purports to be conditional, the payer may disregard the condition and payment .o the endorsee is valid whether the condition has been fulfilled or not.
Illustrations
(a) The endorser of a negotiable instrument "signs his name adding the words "Without recourse".
Upon this endorsement he incurs no liability.
(b) A is the payee and holder of a negotiable instrument. Excluding personal liability by an endorsement "without. recourse," he transfers the instrument to B, and B endorses it to C, who endorses it to A. A is. not only reinstated in his former rights, but has the rights of an endorsee against B and C.
53. Holder claiming through holder in due course.---(1) A holder who derives his title through a holder in due course, and who, is not himself a party to any fraud or illegality affecting in the negotiable instrument, has all the
rights therein of that holder in due course as regards the acceptor and all parties to the instrument prior to that holder.
(2) Where the title of the holder is defective.--
(a) if he negotiates the instrument to a holder in due course,, that holder obtains a good and complete title to the instrument; and
(b) if he obtains payment of the instrument, the person who says him in due course gets a valid discharge for the instrument.
53A. Rights of holder in due course.---A holder in due course holds the negotiable instrument free from any defect of title of prior parties, and free from defences available to prior parties among themselves, and may enforce, payment of the instrument for the full amount thereof against all parties liable thereon.
54. Instrument endorsed in blank.--Subject to the provisions hereinafter contained as to crossed cheques, a negotiable instrument endorsed in blank is payable to the bearer thereof even although originally payable to order.
55. Conversion of endorsement in blank into endorsement in full.---If a negotiable instrument, after having been endorsed in blank, if endorsed in full, the amount of it cannot be claimed from the endorser in full, except by the person to whom it has been endorsed in full,' or by one who derives title through such person.
56. Requisites of endorsement.--- (1) Negotiation by endorsement must be of the entire instrument.
(2) An endorsement which purports to transfer to the endorsee only a part of the amount payable, or which purports to transfer the instrument to two or more endorsees severally, is not valid as a negotiable of the instrument; but where such amount has been paid in part, a note to that effect may be endorsed on the instrument, which may then be endorsed for the balance.
157. Legal representative cannot by delivery only negotiate instrument endorsed by deceased.---The legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of exchange or cheque payable to order and endorsed by the deceased but not delivered.
57A. Negotiation of instrument to party already liable thereon.--- Where a negotiable instrument is negotiated back before authority to the maker or drawer or a prior endorser or to the acceptor, such party may, subject to the provisions of this Act, re-issue and further negotiate the instrument, but he is not entitled to enforce payment of the instrument against any intervening party to whom he was previously liable.
57B. Rights of holder.---A holder may receive payment in due course under a negotiable instrument and further r in the manner provided by this Act; he may also sue on such instrument in his own name.
58. Defective title.---When a promissory note, bill of exchange or cheque has been lost or has been obtained from any maker, drawer, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, neither the person who finds or so obtains the instrument nor any possessor or endorsee who claims through such person is entitled to receive the amount due thereon from such maker, drawer, acceptor or holder, unless such possessor or endorsee is, or some person through whom he claims was, a holder thereof in due course.
59. Instrument acquired, after dishonour or when overdue.- The holder of negotiable in who has acquired it after dishonour, whether by non-acceptance or non-payment, with n thereof, or after maturity, has only as against the other parties, the rights thereon of his transferor and is subject to the equities to which the transferor was subject at the time of acquisition by such holder.
Accommodation note or bill --- Provided that any person who, in good faith and for consideration, becoming the holder, after maturity of a promissory note or bill of exchange made, drawn or accepted without consideration for the purpose of enabling some party thereto to raise money thereon, may recover the amount of the note or bill from any prior party.
Illustration
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but endorsed the bill to A.A's title is subject to the same objection as the drawer's title.
60. Instrument negotiable till payment or satisfaction.--- A negotiable instrument may be negotiated (except by the maker, drawer or acceptor after maturity) until payment or satisfaction thereof by the maker, drawer or accept at or after maturity, but not after such payment or satisfaction.
CHAPTER V OF PRESENTMENT
61. Presentment for acceptance. ---- A bill of exchange payable after sight must, if no time or place is specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable search, be found, by a person entitled to demand at within a reasonable time after it is drawn and in business hours on a business day. In default of such presentment, no party thereto is liable thereon to the person making such default
62. Presentment of promissory note for sight. --- A promissory note payable at a certain period after sight, must be pre to the maker thereof for sight (if he can after reasonable search be found) by a person entitled to demand payment, within a reasonable time after it is made and in business hours on a business day. In default 'of such presentment, no party thereto is liable thereon to 'the person making such default.
63. Drawee's time for deliberation. --- The holder must, if so required by the drawee of a bill of exchange presented to for acceptance, allow the drawee forty eight hours (exclusive of public holidays) to consider whether he will accept it.
64. Presentment for payment. Subject to the provisions of section 76, promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided In default of such presentment, the other parties thereto are not liable thereon to such holder,
Exception. ---Where a promissory not is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof [ is presentment necessary to charge the acceptor of a bill of exchange.
The provisions of this section are without prejudice to the provisions relating to presentment for acceptance in the case of a bill of exchange.
Explanation. --- Where there are several persons, not being partners liable on the negotiable, instrument, as makers, acceptors or drawees, as the case may be, and no place of payment is specified, presentment must be made to them all.
65. Hours for presentment. --- Presentment for payment must be made during the usual hours of business, and, if at a banker's within banking hours.
66. Presentment for payment of instrument payable after date or sight.--- A promissory note or bill of exchange, made payable at a specified period after date or sight thereof, must be presented for payment at maturity.
67. Presentment for payment of promissory note payable by installments. --- A promissory note payable by installments must be presented for payment on the third day after the date fixed for payment of such installment; and non-payment on such presentment has the same effect as non-payment of a note at maturity.
68. Presentment for payment of instrument payable at specified place and not elsewhere --- A promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place arid not elsewhere must, in order to charge any party thereto, be presented for payment at that place.
69. Instrument payable at specified place. - A promissory note or bill of exchange made, drawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for payment at that place.
70. Presentment where no exclusive place specified. --- A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the address of the maker, acceptor or drawee given in the instrument, and if no such address is given to the place of business [if known), or at the ordinary residence [if known), of the maker, drawer or acceptor thereof, as the case may be.
71. Presentment when maker etc., has no known place of business or residence.---If the maker, drawee or acceptor of a negotiable instrument has no known place of business or
residence, and no place is specified in the instrument for presentment for acceptance or payment, such presentment may be made to him in person wherever he can be found.
Explanation: In this section and sections 68 and 69, "specified place" means a place sufficiently described so as to enable the person presenting the instrument to locate it.
71A. What constitutes valid presentment and mode of presentment.---(1) To constitute a valid presentment it shall be sufficient if instead of the original negotiable instrument copy thereof certified to be true by the holder is delivered to the person liable thereon, either personally or by registered post or by other effective means.
(2) If, after such delivery, the person liable to pay so demands, the holder shall allow him to inspect the original negotiable instrument during the hours of business of the holder, and if the holder fails to do so within a reasonable time, the presentment shall be deemed to be invalid.
72. Presentment of cheque to charge drawer. --- Subject to the provisions of section 84, a cheque must, in order to charge drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.
73. Presentment of cheque to charge any other person. A cheque must, in order to charge any person except the drawer, be presented within reasonable time after delivery thereof by such person.
74. Presentment of instrument payable on demand. Subject to the provisions of section 31, a negotiable instrument payable on demand must be presented for payment within a reasonable time after it is received by the holder.
75. Presentment by or to agent, representative of deceased or assignee of insolvent.--Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or where he has been declared a insolvent, to his assignee.
75A. Excuse for delay in presentment for acceptance or payment.---Delay in presentment for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made within a reasonable time.
76. When presentment unnecessary.---No presentment for payment is necessary, and the instrument shall be deemed to be dishonoured at the due date for presentment in any of the following cases:-
(a) if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or,
if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or,
if the instrument being payable at some other specified place, neither he nor any person authorized to pay it attends at such place during the usual business hours, or
if the instrument not being payable at any specified place, he cannot after due search be found;
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;
(c) as against any party. if, after maturity, with knowledge that the instrument has not been presented-- he makes a part payment on account of the amount due on the instrument, or promises to pay the amount due thereon in whole or in part,
or otherwise waives his right to take advantage of any default in presentment for payment;
(d) as against the drawer, if the drawer could not suffer damage from the want of such presentment;
(e) where the drawee is a fictitious person;
(f) as regards an endorser, where the negotiable instrument was made,
drawn or accepted for the accommodation of that endorser and he had to expect, that the instrument would not be paid if presented:; and
(g) where, after the exercise of reasonable diligence, presentment is required by this Act cannot be effected.
Explanation: The fact that the holder has reason to believe that the negotiable instrument will, on presentment, be dishonoured does not dispense with the necessity for presentment.
77. Liability of banker for negligently dealing with bill presented for payment.---When a bill of exchange accepted payable at a specified bank has been duly presented therefor payment and dishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill as to cause loss to the holder, he must compensate the holder for such loss.
CHAPTER VI OF PAYMENT AND INTEREST
78. To whom payment could be made.---Subject to the., provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument.
79. Interest when rate specified or not specified.-- Subject to the provision of any law for the time being in force relating to the relief of debtors, and without prejudice to the provisions of section 34 of the Code of Civil Procedure, 1908,---
(a) when interest at a specified rate is expressly made payable on a promissory note or bill of exchange and no date is fixed from which interest is to be paid, interest shall be calculated at the rate specified, on the amount of the principal money due thereon, from the date of the note, or, in the case of a bill, from the date on which the amount becomes payable, until tender or realization of such amount, or until the date of the institution of a suit to recover such amount;
(b) where a promissory note or bill of exchange is silent as, regards interest or does not specify the rate of interest, interest on the amount of the principal money due, thereon shall, notwithstanding any collateral agreement relating to interest between any parties to the instrument, be allowed and calculated the rate of six per centum per annum from the date of the note, or, in the case of a bill, from the date on which the amount becomes payable, amount due thereon, or until the date of the institution of a suit to recover such amount.
80. Interest when no rate specified.---When no rate of interest is specified in the instrument, interest on the amount due thereon shall, notwithstanding any agreement relating to interest between any parties to the instrument, be calculated at the rate of six per centum per annum, from the date at which the same ought to. have been paid by the part charged, until tender
or realization of the amount due thereon, or until such date after the institution of a suit to recover such amount as the Court directs.
Explanation. --- When the party charged is the endorser of an instrument dishonoured by non-payment, he is liable to pay interest only from time that he receives notice of the dishonour.
81. Delivery of instrument on payment, or indemnity in case of loss. --- Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or, further claim thereon against him.
CHAPTER VII OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability.---The maker, acceptor or endorser respectively of a negotiable instrument is discharged from liability thereon----
(a) by cancellation; to a holder thereof who cancels such acceptor's or endorser's name with intent to discharge him, and to all parties claiming under such holder;
(b) by release; to a holder thereof who otherwise discharges such maker, acceptor or endorser, and to all parties deriving title under such holder after notice of such discharge; and
(c) to all parties thereto, if the instrument is payable to bearer, or has been endorsed in blank, and such maker, acceptor or endorser makes payment in due course of the amount due thereon.
83. Discharge by allowing drawee more than forty-eight hours to accept. ---If the holder of a bill of exchange allows the drawee more than forty eight hours, exclusive of public holidays, to consider whether - he will accept the same, all previous parties not consenting to such allowance are thereby discharged from liability to such holder.
84. When cheque not duly presented and drawer damaged thereby.---(1) Where a cheques is not presented for payment within a reasonable time of its issue, and he drawer or person on whose account it is drawn had the right, at the time when presentment ought to have been made, as between
himself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a larger amount than he would have been if such cheque had been paid.
(2) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case.
(3) The holder of the cheque as to which such drawer or person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him.
Illustrations
(a) A draws a cheque for Rs. 1,000 and when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque.
(b) A draws a cheque at Sialkot on a Bank in Karachi. The Bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.
Substituted for the original section by the Negotiable Instruments (Amendment) Act, 1897 (VI of 1897), S. 3.
85. Cheque payable to order. (1) Where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due course.
(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged by payment in due to the bearer thereof, notwithstanding any endorsement whether in full or in blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or exclude further negotiation.
85A. Drafts drawn by one branch of a bank on another payable to order.---Where any draft, that is, an order to pay money, drawn by. one office of a bank upon another office of the same bank for a sum, of money payable to
order on demand, purports to be endorsed by or on behalf of the payee, the bank is discharged by payment in due course.
86. Parties not consenting discharged by qualified or limited acceptance.---If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance.
Explanation: An acceptance is qualified---
(a) where it is conditional, declaring the payment to be dependent on the happening of an event therein stated;
(b) where it undertakes the payment of part only of the sum ordered to petitioner paid;
(c) where, no place of payment being specified on the order it undertakes the payment at a specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under is order it would be legally due.
87. Effect of material alteration.---Any material alteration of a negotiable instrument renders the same void as against any one who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties.
Alteration by endorsee and any such alteration, if made by an endorsee, discharges his endorser from all liability to him in respect of the consideration thereof.
The provisions of this section are subject to those of sections 20, 49, 86 and 125.
88. Acceptor or endorser bound notwithstanding previous alteration: -- An acceptor or endorser of a negotiable instrument is bound by his
acceptance or endorsement notwithstanding any previous alteration of the instrument
89. Payment of instrument on which alteration is not apparent.---Where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered,
or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay, and paying the safe according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person at banker from. all liability thereon; and such payment shall not be questioned b reason of the instrument having been altered or the cheque crossed.
90. Extinguish of rights of action on bill in acceptor's lands. The makes, drawer, acceptor or endorser of a negotiable instrument is discharged from liability thereon when the person liable thereon on principal debtor, becomes the holder thereof at or after its maturity.
(2) When the holder of an accepted bill of exchange enter in to any contract with the acceptor of the nature referred to in Section 39 the other parties are discharged, unless the hold has expressly reserved his right to charge.
CHAPTER VIII OF NOTICE OF D1SHONOUR
91. Dishonour by non-acceptance.---A bill of exchange, is said to be dishonoured by non-acceptance when the drawee or one of several, drawees not being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted.
Where the drawee is incompetent to contract, or the acceptance is qualified, the bill may be treated as dishonoured.
92. Dishonour by non-payment. --- A promissory note, bill of exchange or cheque is said to be dishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the cheque makes default in payment upon being duly required to pay the same.
93. By and to whom notice should be given.---When a promissory note, bill or exchange of cheque is dishonoured by non-acceptance or non-payment, the holder thereof; or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties to whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly. liable thereon.
When a bill of exchange is dishonoured by non-acceptance the drawer or any endorser to whom such notice is not given is discharged; hut the rights of a holder in due course subsequent to the omission to give notice shall not be prejudiced by that omission.
When a bill of exchange is dishonoured by non-acceptance and due notice of dishonour is given, it shall not be necessary to give notice of a subsequent dishonour by non-payment, unless the bill shall, in the meantime, have been accepted.
Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note or the drawee. or acceptor of the dishonoured bill exchange or cheque.
94. Mode in which notice may be given.---Notice of dishonour may be given to a duly authorized agent of the person to whom it is required to be given, or, where he has died, or his legal representative, or, where he had been declared an insolvent, to his assignee; may be oral or written; may if written, be sent by post; and may be in any form; but it must inform the party to whom it is given, either in express terms or by reasonable intendment, that the instrument has been dishonoured, and in what way, and that he will be held liable thereon, and it must be given within a reasonable time after dishonour, at the place of. business or (in case such, party has no place of business) at the residence of the party for whom it is intended.
If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.
95. Party receiving must transmit notice of dishonour.-- Any party receiving notice of dishonour in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable time, unless such party otherwise receives due notice as provided by section 93.
96. Agent for presentment.---When the, instrument is deposited with an agent for presentment, the agent is entitled to the same time to give notice to
him principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.
97. When party to whom notice given is dead.---When the party to whom notice of dishonour is despatched is dead, but the party despatching the notice is ignorant, of his death, the notice is sufficient.
98. When notice of dishonour is unnecessary.---No notice of dishonour is necessary--
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer when he has countermanded payment,
(c) when the party charged could not suffer damage for want of notice.
(d) when the party entitled to notice cannot after due search be found; or the party bound to give notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.
CHAPTER IX OF NOTING AND PROTEST
99. Noting.---When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.
Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has to been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges;
100. Protest. When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder within a reasonable time,
cause such dishonour to be noticed and certified by a notary public. Such certificate is called a protest.
Protest for better security.
When the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security.
101. Contents of protest.---A protest under 100 must contain--
(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;
(b) the name of the person for whom and against whom the instrument has been protested;
(c) a statement that payment or acceptance or better security, as the case may be, has been demanded of such person by the notary public; the term of his answer; if any, or a statement that he gave no answer or that he could not be found;
(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected
102. Notice of protest ---When a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions; but the notice may be given by the notary public who makes the protest.
103. Protest for non-payment after dishonour by non-acceptance: All bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawer, and which are dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for non-payment in the place. specified for payment, unless paid before or at maturity.
104. Protest of foreign bills.--- Foreign bills of exchange must be protested from dishonour when such protest is required by the law of the place where they are drawn.
104A. When noting equivalent to protest.---For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceedings is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.
CHAPTER X OF REASONABLE TIME
105. Reasonable time.--- In determining what is a reasonable time or presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instrument; and, in calculating such time, public holidays shall be excluded.
106. Reasonable time of giving notice of dishonour.-If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within reasonable time if it is despatched by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour
107. Reasonable time for transmitting such notice.- party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice with a reasonable time if he transits it within the same time after its receipt as he would have had to give notice if he had been the holder.
CHAPTER XI OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour.---When a bill of exchange has been noted or protested for non-acceptance or for better security, any person not being a party already liable thereon may, with the consent of the holder, by writing on the bill, accept the same for the honour of any party thereto;
109. How acceptance for honour must be made. A person desiring to accept for honour must by writing on the bill under his hand, declare that he accepts under protest the protested bill for the honour of the drawer or of a particular endorser whom he names;' or generally for honour.
110. Acceptance not specifying for whose honour it is made.-Where the acceptance does not express for whose honour it is made shall be deemed to be made for the honour of the drawer.
111. Liability of acceptor for honour.--An 'acceptor' for honour binds himself to all parties subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not; and such party and all prior parties, are liable in their respective capacities to compensate the acceptor for honour for all loss or damage sustained by him in consequence of such acceptance.
But, an acceptor for honour is not liable to the holder tithe bill unless it is presented, or (in case the address given by such acceptor on the bill is a place other than the place where the bill is made payable) forwarded for presentment not later than the day next after the day f its authority.
112. When acceptor for honour may be charged. An acceptor for honour cannot be charged unless the bill has at its maturity been presented to the drawee for payment and has been dishonoured by him, and noted or protested for such dishonour.
113. Payment for honour.---When a bill of exchange has been noted or protested for non-payment, any person may pay the same for the honour of any party liable to pay the same, provided that the person so paying or his agent in that behalf has previously declared before a notary public the party for whose honour he pays, and that such declaration has been recorded by such notary public.
114. Right of payer for honour --- Any person, so paying is entitled to all the rights, in respect of the bill, of the holder at the time of such payment, and may recover from the party for whose honour he pays all sums so paid, with interest thereon and with all expenses properly incurred in making such payment.
115. Drawee in case of need. Where a drawee in case of need is named in a bill of exchange, or in any endorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.
116. Acceptance and payment without protest --- A drawee in case of need may accept and pay the bill of exchange without previous protest.
CHAPTER XII OF COMPENSATION
117. Rules as to compensation --- The compensation payable in case of dishonour of a promissory, bill of exchange or cheque, by any party liable to the holder or any endorsee, shall be determined by the following rules:,-
(a) the holder is entitled to the amount due upon the instrument; together with the expenses properly incurred in presenting, noting and protesting it;
(b) when the person charged resides at a place different from that at which the instrument was payable, the holder is entitled to receive such sum at the current rate of exchange between the two places;
(c) an endorser who, being liable, has paid the amount due on the same is entitled to the amount so paid with interest at six per centum per annum from the date of payment until, tender or realization thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such endorser reside at different places the endorser is entitled to receive such sum at the current rate of exchange between the two places;
(e) the party entitled to compensation may draw a bill upon the party liable to compensate him, payable at sight or on demand, for the amount due to him, together with all expenses properly incurred by him. Such bill must be accompanied by the instrument
dishonoured and the protest thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make compensation thereof in the same manner as in the case of the original bill.
CHAPTER XIII SPECIAL RULES OF EVIDENCE
118. Presumptions as to negotiable instruments---(a) Of consideration; (b) as to date; (c). as to time of acceptance; (d) as to time of transfer; (e) as to order of endorsements (1) as to stamp; (g) that holder is a holder in due course. ---Until the contrary is proved, the following presumptions shall be made,
(a) that every negotiable instrument was made or drawn of consideration, and that every such instrument, when it has been accepted, endorsed negotiated or transferred, was accepted, endorsed negotiated or transferred for consideration:
(b) that every negotiable instrument bearing a date was made or drawn on such date;
(c) that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;
(d) that every transfer of a negotiable instrument was made before its maturity; that endorsements appearing upon a negotiable.
(e) that endorsements appearing upon a negotiable instrument were made in the order in which they appear thereon;
(f) that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that the holder of a negotiable instrument is a holder in due course, provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence of fraud,. or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
119. Presumption on proof of protest.--In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest presume the fact, of dishonour, unless and until such fact is disproved.
120. Estoppels against denying original validity, of instrument- No maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer shall, in a suit thereon by a holder in dupe course, be permitted to, deny the validity of the instrument as originally made or drawn.
121. Estoppels against denying capacity of payee to endorse.-No maker of a promissory note and no acceptor of a bill of exchange payable to order shall, in a suit thereto by a holder in due course be, permitted to deny the payee's capacity, to the date of the note or bill, to endorse the same.
122. Estoppels against denying signature or capacity of prior party.--No endorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to contract of any prior party to the instrument.
CHAPTER XIV SPECIAL PROVISIONS RELATING TO CHEQUES
122A. Revocation of banker's authority. ---The duty and authority of a banker to pay a cheque drawn on him by his customer are determined by-
(1) countermand of payment;
(2) notice of the customer's death;
(3) notice of adjudication of the customer as an insolvent.
123. Cheque crossed generally.---Where a cheque bears across its face an addition of the words "and company" or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words "not negotiable", that addition shall be deemed a crossing and the cheque shall be deemed to be crossed generally.
123A. Cheque crossed "account payee". (1) Where a cheque crossed generally bears across its face an addition of the word "account payee" between the two parallel transverse line constituting the general crossing, the cheque, besides being crossed generally, is said to be crossed" account payee".
(2) Where a cheque is crossed "account payee"---
(a) it shall cease to be negotiable; and
(b) it shall be the duty of the banker collecting payment of the cheque to credit the proceeds thereof only to the account of the payee named in the cheque.
124. Cheque crossed specially. --- Where a cheque bears across its face an addition of the name of a banker either, with or without the words "not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.
125. Crossing after issue.--- Where a cheque is uncrossed, the holder may cross it generally or specially.
Where a cheque is crossed generally, the holder may cross specially.
Where a cheque is crossed generally or specially the holder may add the words "not negotiable".
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.
When an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection he may cross it specially to himself.
125A. Crossing a material part of a cheque. -- A crossing authorized by this Act is a material part of the cheque; it shall not be lawful for any person to obliterate, or, except as authorized by this Act, to add to or alter, the crossing.
126. Payment of cheque crossed generally.---Where a cheque is-crossed generally, the banker on whom it is drawn shall to pay it otherwise than to a banker.
Payment of cheque crossed specially.
Where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than: to the banker to whom it is crossed, or his agent for collection.
127. Payment of cheque crossed specially more than once.--Where a cheque is crossed specially to more than one banker, except when crossed to an
agent for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof.
128. Payment in the course of crossed cheque.--Where the banker on whom a crossed cheque is drawn in good faith and without negligence pays it, if crossed generally, to a banker, and if crossed specially, to the banker to whom it is crossed or his agent for collection, being a banker, the banker paying the cheque, and (in case such cheque has come to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof.
129. Payment of crossed cheque out of due course.---Any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid.
Provided that where a cheque is presented for payment which does not at the time of presentment appear to be crossed, or to have had a crossing which has been obliterated, added to or altered otherwise than as authorized by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability nor shall the payment be questioned, by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorized by this Act, and of payment having been made otherwise than, to a banker or, to the banker to whom the cheque is or was crossed, or to is agent for collection, being a banker, as the case may be.
130. Cheque bearing "not negotiable".---A person taking a cheque crossed generally or specially, bearing in either case the words "not negotiable," shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
131. Subject to the provisions of this Act relating to cheque crossed "account payee", where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has. no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Explanation: A banker receives payment of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment thereof.
131A. Application of Chapter to drafts. --- The provision of this Chapter shall apply to any draft, as defined in section 85A, as if the, draft were a cheque.
131B. Protection to banker crediting cheque crossed "account payee"---Where a cheque is delivered for collection to a banker does not at the time of such delivery appear to be crossed "account payee" or to have had a crossing account payee" which has been obliterated or altered, the banker, in good faith and without negligence collecting payment of the cheque and crediting the proceeds thereof to a customer shall not incur any liability by reason of the cheque having been crossed "account payee", or of such crossing having be or and of the proceeds of the cheque having been obliterated or altered and of the proceeds of the cheque having been credited to a person who is not the payee thereof.
131C. Cheque not operating as assignment of funds. A cheque of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the banker.
CHAPTER XV SPECIAL PROVISIONS RELATING TO BILLS OF EXCHANGE
131D. Several drawees.--- A bill of exchange may be addressed to two or more drawees, whether they are partners or not; but an order addressed to two drawees in the alternative, or to two or more drawees in succession, is not a bill of exchange.
131E. In favour a bill may be drawn.--- A bill of exchange may be drawn payable to, or to the order of, the drawer; or it may be drawn payable to, or to the order of, the drawee.
131F. Presentment for acceptance is necessary.---A bill of exchange, in order to fix the acceptor with liability, must be present for acceptance before is presented for payment.
131G. When presentment excused. Presentment for acceptance is excused and a bill of exchange may be treated as dishonoured by non-acceptance.
(a) where the drawee is dead or is in or is a fictitious person or a person not having capacity to contract by bill of exchange;
(b) where, at the due date for presentment, the drawee can not, after reasonable search, be found at the place at which the bill is to be presented;
(c) where,. after the exercise' of reasonable diligence such, presentment cannot be effected;
(d) where, although the presentment has been irregular acceptance has been refused on some other ground.
131H. Holder's right of recourse against drawer and endorsers.---Subject to the provisions of this Act, when a bill of exchange is dishonoured by non-acceptance, an immediate right of recourse against ;he drawer and endorsers accrues, to the holder, and no presentment for payment is necessary.
131-I. Holder may refuse qualified acceptance. --- The holder of a bill of exchange may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, may treat the bill as dishonoured by non-acceptance.
132. Set of bills. --- Bills of exchange. may be drawn in parts, each part being numbered and containing a provision that it ,shall continue payable only so long as the others remain unpaid. All the parts together make a set; but the whole set constitutes only, one bill, and is extinguished when one of the parts, if a separate bill, would be extinguished. .
Exception. ---When a person accepts or endorses different parts of the bill in favour of diff persons, he and the subsequent. endorsers of each part are liable on such part as if it were a separate bill.
133. Holder of first acquired part entitled to all. ---As between holders in due course of different parts the same set he who first acquired title to his part is entitled to the other parts and the money represented by the bill.
CHAPTER XVI OR INTERNATIONAL LAW
134. Law governing liability of parties to a foreign instrument.---In the absence of a contract to the contrary and subject, to the provisions of section 136, in the case of a foreign promissory note, bill of exchange or cheque,--
(a) the law of the place where the instrument was made or drawn, or accepted or negotiated shall determine-
(i) the capacity of the parties: and
(ii) the validity of the instrument or, as the case may be, of its acceptance or negotiation:
Provided that such instrument shall not be invalid or inadmissible in evidence by reason only that it was not stamped or not sufficiently stamped according to the law of the place where it was made or drawn;
(b) the law of the place where such instrument is payable shall determine,--
(i) the liability of all parties thereto;
(ii) the duties of the, holder with respect to presentment for acceptance or payment;
(iii) the date of maturity of the instrument;
(iv) what constitutes dishonour
(v) the necessity for and sufficiency of a protest or notice of dishonour;
(vi) all questions relating to payment and satisfaction including the currency in which and the rate of exchange at which he instrument is to be paid.
Illustration
A bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., and accepted by B, payable in Washington, where the rate of interest is 6 per cent. The bill is endorsed in 7 and is dishonured. An action on the bill is brought against B in He is liable to pay interest at the rate of 6 per cent. Only; but, if A is charged as drawer, A is liable to' pay interest at the rate of 25 per cent;
135. Law of place of payment governs dishonour.-- Omitted, by the Negotiable Instruments (Amdt) Ordinance, 1962 (XLIX of 1962) S. 53.
136. Instrument made, etc., outside Pakistan, put in accordance with their law. ---- If a negotiable instrument is made, drawn, accepted or endorsed outside Pakistan but in accordance with the law of Pakistan, the circumstances that any agreement evidenced by such instrument is invalid according to the law of the
country wherein it was entered into does not invalidate h subsequent acceptance or endorsement made thereon.
137. Presumption as to foreign law. --- The law of any foreign country regarding promissory notes bills of exchange and cheques shall be presumed to be the same as that of Pakistan unless and until the country is proved
CHAPTER XVII NOTARIES PUBLIC
138. Power to appoint notaries public.---The Federal Government may, from time to time, by notification in the official Gazette, appoint any person, by name or by virtue of his office, to be a notary public under this Act and to exercise his functions as such within any local area, any may, by like notification, remove from office any notary public appointed under this Act.
139. Power to make rules for notaries public. --- The Federal Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act for the guidance and control of notaries public appointed under this Act, and may, by such rules (among other matters) fix the fees payable to such notaries.
SCHEDULE.--- Enactments repealed. Rep. By the Amending Act, 1891 (Vu of 1891).