THE BANGLADESH LEGAL PRACTITIONERS AND BAR COUNCIL

ORDER 1972

WHEREAS it is expedient to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Council for Bangladesh and for mutters incidental or ancillary thereto

NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President in pleased to make the following Order

1, (1) This Order may be culled the Bangladesh Legal Practitioners and Bar Council Order, 1972.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once.

2. In this Order, unless there is anything repugnant in the subject or context,-

(a) "Advocate" means an advocate entered in the roll under provisions of this Order;

(b) "Bar Council" means the Bangladesh Bar Council constituted under this Order;

(c) "East Pakistan Bar Council means the Bar Council which, before the 26th day of March, 1971, was known as the East Pakistan Bar Council;

(d) "Government" means the Government of the People's Republic of Bangladesh;

(e) "High Court" means the High Court of Bangladesh

(f) “Local Bar Association” means any Bar Association in a District or subdivision but does not include the High Court Bar. Association or any national Bar Association;

(g) "Prescribed" means prescribed by rules made under this Order

(h) "Roll" means the roll of Advocates Prepared arid maintained by the Bar Council;

(i) "Tribunal" means a Tribunal constituted under this Order;

3. (1) There shall be constituted in' accordance with the provisions of this Order a Bar Council to be called the Bangladesh Bar Council.

(2) The 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 said name sue and be sued.

4. Save as provided in Article 7 in respect of tine first Bar Council, the term of the Bar Council be three years beginning on the first day of July following the General Election to the Bar Council: and at the end of each term the members of the Bar Council shall cease to hold office.

5. (1) The bar Council shall consist of fifteen members, of whom-

(a) One shall be the Attorney General for Bangladesh Ex-officio;

(b) Seven shall be elected in the prescribed manner by the advocates on the roll from amongst their number; and

(c) Seven shall be elected in the prescribed manner by the advocates on the roll, one from amongst the advocates who are members of a local Bar Association included each group formed under clause (2).

(2) For the purpose of sub-clause (c) of clause (I), the Bar Associations shall be divided by the Government, by notification in the official Gazette, into seven groups.

6. (1) There shall be a Chairman and a Vice-Chairman of the Bar Council.

(2) The Attorney General for Bangladesh shall be the Chairman

ex-officio of the Bar Council.

(3) The Vice Chairman of the Bar Council shall be elected in the prescribed manner by the members of the Council from amongst themselves.

(4) The Chairman and the Vice-Chairman of the Bar Council shall have such powers and functions as may be prescribed.

7. (1) Notwithstanding anything contained in Article 5, the first Bar Council, which shall be an ad-hoc Council, shall be constituted by the Government by notification in the official Gazette and shall consist of such members as may be nominated by the Government from amongst the advocates on the roll.

(2) If any member of the first Council absents himself from three consecutive meetings thereof without leave of absence granted by its Chairman, he shall cease to be a member of the Council.

(3) Any vacancy in the first Bar Council shall be filled by cooption by the Council or a person from amongst the advocates on the roll.

(5) The first Council shall be continued till the 30th day of June. 1973:

8. Elections to the Bar Council shall always be held so as to conclude on or before the thirty first day of May in the year in which the term of the Bar Council expires.

9. No election of a member to the 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 notice of the date has, not less than thirty days before that date, been published in the official Gazette.

10. Subject to the provisions of this Order and the rules made there under the functions of the Bar Council shall be-

(a) to admit persons as advocates on its roll, to hold examinations for purposes of admission, and to remove advocates from such roll;

(b) to prepare and maintain such roll;

(d) to entertain and determine cases of misconduct against advocates on its roll and to order punishment in such eases;

(e) to safeguard the rights, privileges and interest of advocates on its roll;

(f) to manage and invest the funds of the Bar Council;

(g) to provide for the election of its member;

(b) to lay down the procedure to be followed by its Committees;

(i) to promote legal education and to lay down the standards of Bangladesh imparting such education;

(j) to perform all other functions conferred on it by or under this Order

(k) to do all other things necessary for discharging the aforesaid functions.