39.       The Bar Council may rçcognise a Bar Association in such manner and subject to such conditions as may be prescribed.

 

40.       (i) The Bar Council may, by notification in the official Gazette, make rules to Carry out the purposes of this Order.

 

(2)        In particular sod without prejudice to the generality of the foregoing power, such rules may provide for-

 

(a)        the manner in which election of mensbrrs of the Bar Council shall be held and the manner in which results of election shalt be published

(b)        the manner of election of the Vice-Chairman of the Bar Council

(ci        the mannar in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council or to the office of the Vice-Chairman of the Bar Councill shall be finally decided

(d)' the powers and duties of the Chairman and Vice-Chairman of the Bar Council

(c)        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;

(f)         - the constitution and functions of any committee of the Bar Council and the term of office ofthe members of any such committee.

(g)        the summoning and holding of meetings of a committee, the conduct of business of such committee and the number of members necessary to constitute a quorum;

(h)        the qualification and terms and conditions of staff to be employed by the Bar Council

(I)        matters pertaining to management, administration, utilization and investment of the funds of the Bar Council

(j)         the constitution of separate funds for special purposes by the Bar Council and the purposes for which the general fends of the Bar Council maybe outland

(k)        the maintenance of Books of accounts and other books by the Bar Council;

(I)        the appointment of auditors and the audit of the accounts of the Bar Conqdil

(in) the examination to pass fur admission as an advocate;

(n)        the forns in which applications foe admission as an advocate are lobe made and the manner in which such applicalions are to be disposed of;

(o)        the conditions subject to which a person may be admitted as an advocate;

(p)        the manner in which an advocate may suspend his practice!

(q)        the fee payable for enrolment; the fee payable for permissiOn to practise in the High Court, the instalments, if any, iu,which any such fee may be paid;

(r)        the form in which permission to practise as an advocate in the 111gb Court shall be given

(s)        the standard of professional conduct and etiquette to be bbservrd by the advocates;

(I)        the standard of legal education to be observed by Universities in Bangladesh and (he inspection of Universities for Usa; pqrpose;

(u)        the manner in which and the conditions subjt~t to which a Bar Association may be recognised;

(v)        lbs procedure Its be fbllowed by a Tribunal of the Bar Council in enquiries relating to the conduct of an advocate;

(w)       the fee which may be levied in respect of any matter under this Order

 

(a)        the general principles for guidance of the Rae Council.

(3)        Until rules are made by the Bar Council, (he power of the Council under lIsts Article shall be exercised by the Government.

 

41.       Any person who is not an advocate and practises the profession of law

and any person who is not entitled under this Order to practise in the High

 

Court practisee before that Court shall be punishable with imprisonment for

 

a term sshich may extend to six months.

 

42.       (1) Notwithstanding anythiug contained in this Order or any other law for the titer being in force,—

(a)        the enrolment of all persons as advocates during the period from the 26th day of march, 1971, to the 15th day of December, 1971, shall stand cancelled and

(b)        all persons enrolled us advocates during the period from the tat day of January, 1972, to the 30th day of June, 1972, shall be deemed to be enrolled on 1st day of January, 1972.

(2)        A person whose enrolment is deemed to be cancelled under subclause (a) of clause (I) shall be eligible for fresh enrolment and may apply to the Enrolment Committee for tech enrollment.

(3)        Notwithstanding the cancellation of enrolment of a person as an udvucate under nub-clause (a) of clause (I) all actions taken by such person as an advocate before the commencement of this Order shalt be deemed to be

valid.

43.       The Legal Practitioners and Bar Council Act, 1965 (Act III of 1965).

is hereby repealed,

 

44.       On the commencement of this Order,—

(a)        all properties and assets vesting in the Enst Pakistan Bar Council shall vest in the Bar Council

(b)        all properties and assets of the Pakistan Bar Council in Bangladesh shalt vest ix the Bar Council;

(c)        alt rights, liabilities and obligations of the East Pakistan Bar Council whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Bar Council;

(d)        all proceedings pending before the Ens9 pakslas Bar Council is respect of any disciplinary matter or otherwise shall stand transferred to the Bar Council

(a)        all appeals pending befoare the appellate Tribunal of the Pakistan Bar Council in cases disposed of by the Tribunal of East Pakistan Bar council shall stand transferred to the High Court sad the decision of the High Court

thereon shalt be final;

 

(f)         all officers bud other employees of the Pakistan Bar Council employed in Bangladesh and of the East pakistan Bar Council shall stand transferred to the Bar Council and shall serve

under the tar Council on such terms and conditions as it may deterndinr; and

 

~g)       the Canons of Professional Conduct and Etiquette framed by the Pakistan Bar Council shall be deemed to be the Canons framed by the Bar Council and in those Canons for the word

"Pakistan". wherever cccuning, the word "Bangladesh" shall be substituted.

 

45.       Except as provided in clause (lA) of Article 27 nothing in this Order shall apply to Mukhtears and revenue agents and every Mukhtear and revenue agent praclising as such immediately

before the commencement of this Order shall continue to enjoy the same rights as respects practice in any Court or re'teuue office or before any authority or person as he enjoyed, and be subject

to the disciplinary jurisdiction of the said authority to which he was subject, immediately before such commencement, and the provisions at the Legal Pectitioners Act. 1879 (Act XVIII of 1879),

or other law shall have effect i,t relation to such persoas as if they had not been repeated by the Leagl Practitioners and Bar Councils Act, 1965 (Act Ill of 1965).

 

 

46.       If any difficulty arises in giving effect to the provisions of this Order, particularly in relations to the transition from the enactment repealed by this Order to the provisions of this Order, the

Government may, by order published in the official Gazette, make such provisions, not inconsistent with the purposes of thin Order, as appear to it to be necessary or expedient for removing the

difficulty.

                        ABU SAYEED CHOWDPIURY

            DACCA                President of the

The 17th May, 1972.    people's Republic of Bangladesh

            AZIMUDDIt'1 AHMED

            Deputy Secretary