An Assignment On:

“Bangladesh Bar Council Order”

Course Name: Legal System of Bangladesh
Course Number: 1105

Submitted to: Khadiza Khatun

Lecturer
Department of Law
Faculty of Security and Strategic Studies
Bangladesh University of Professionals

Submitted by: Sabiha Ferdous Mithila

Roll: 2042951098
Inzamam Ul Hossain
Roll: 2042951102
Section: B
Session: 2019-2020
 Bar Council Order

Introduction:

The Bangladesh Legal Practitioners and Bar Council Order, 1972 provides for
three main bodies regarding the advocates enrolment & administration, control and
association, namely-

1. Bar Council
2. The Tribunal
3. The Bar Association.

Bangladesh Bar Council is an autonomous national organization of all Advocates

of Bangladesh. It is codified central institution of all local Bar Association of
Bangladesh. It is constituted by Bangladesh Legal Practitioners and Bar Council
Order, 1972 (President’s Order No. 46 of 1972) and Bangladesh Legal
Practitioners and Bar Council Rules, 1972 (Notification No. 428-5) with a view to
protect the rights and interests and regulating the professional conduct of the legal
practitioners in Bangladesh.

As per Article 2(b), Bae Council means the Bangladesh Bar Council constituted by
the Bangladesh Legal Practitioners and Bar Council Order, 1972.

Status of the Bar Council:

The Bar Council is a body corporate having perpetual succession and 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. (Article 3).

Constitution of the Bar Council:

The Bangladesh Bar Council is constituted for a term of three years with fifteen
members of whom the Attorney-General of Bangladesh is the ex-officio Chairman.
(Article 4,5 & 5)

Article 5 provides that-

1. The Bar Council shall consist of fifteen members, of whom-

 One shall be Attorney-General for Bangladesh ex-officio;
 Seven shall be elected in the prescribed manner by the advocates on
the roll from amongst their members;
 Seven shall be elected by the Advocates who are members of the
Local Bar Associations included in each group under clause (2), from
amongst themselves.
2. For the purpose of sub-clause (c) of clause (1), the Bar Associations shall be
divided by the Government, by notification in the official Gazette, into seven
groups
3. No advocate shall hold office of the member of the Bar Council for more
than two consecutive terms (Article 5A)
4. There shall be Chairman and Vice-chairman of the Bar Council. The
Attorney-General shall be the Chairman exofacial and the Vice-chairman
shall be elected in the prescribed manner by the members of the Council
from amongst themselves (Article 6)
Bangladesh Bar Council Order:

The Bangladesh Legal Practitioners and Bar Council Order, 1972 is expedient to
amend and consolidate the law relating to legal practitioners and to provide for the
constitution of a Bar Council for Bangladesh and for matters incidental or ancillary
thereto.

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 is pleased to make the following
Order: -

1. (1) This Order may be called the Bangladesh Legal Practitioners and Bar
Council Order, 1972.
(2) It extends to the whole 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;
 (bb) [“Bar Association” means Supreme Court Bar Association or a
Local Bar Association]1

(c) "East Pakistan Bar Council" means the Bar Council which, before the
26th day of March, 1971, was known as the East Pakistan Bar
Council;
(d) "Government" means the Government of the People’s Republic of
Bangladesh;
(e) "High Court" means the [High Court Division of the Supreme Court
of Bangladesh;]2
(f) "Local Bar Association" means any Bar Association in a District or
any other Bar Association recognized under Article 39 but does not
include the Supreme Court Bar Association;3
(g) "Prescribed" means prescribed by rules made under this Order;
(h) "Roll" means the roll of Advocates prepared and 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.

1
Amended by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
2
Amended by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
3
Ibid.
 4. Save as provided in Article 7 in respect of the 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 by the Advocates who are Members of the
Local Bar Associations included in each group under clause (2), from
amongst themselves.4

(2) For the purpose of sub-clause (c) of clause (1), the Bar Associations shall
be divided by the Government, by notification in the official Gazette, into
seven groups.

[5A.

(1) No Advocate shall hold office of member of the Bar Council for more
than two consecutive terms.

(2) An Advocate who has been elected for two consecutive terms as a
member of the Bar Council immediately before this Article comes into force

4
Substituted by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
 shall not be eligible to be elected as a member of the Bar Council for the
next term.]5

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.]6

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 Bar Council absents himself from three
consecutive meetings thereof without leave of absence granted by its
Chairman, he shall cease to be a member of the Bar Council
(3) Any vacancy in the first Bar Council shall be filled by co-option by the
Council or a person from amongst the advocates on the roll.
(4) The first Bar Council shall be continued till the 30th day of June, 1973.

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.
5
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
6
This Article has been substituted by Ord. No.III of 1975.
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 rules made thereunder 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;
(c) to lay down standard of professional conduct and etiquette for advocates;
(d) to entertain and determine cases of misconduct against advocates on its
roll and to order punishment in such cases;
(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 election of its member;
(h) to lay down the procedure to be followed by its Commit-tees;
(i) to promote legal education and to lay down the standards of such
education in consultation with the universities in Bangladesh imparting such
education.
(j) to perform all other functions conferred on it by or under this Order;
(k) to do all other things necessary for discharging the aforesaid functions.

11. (1) The Bar Council shall constitute the following standing committees
namely: -
 (a) an executive committee consisting of five members elected by the
Council from amongst its members;
(b) (Deleted)7
(c) a finance committee consisting of five members elected by the
Council from amongst its members;
(d) a legal education committee consisting of nine members: -
five elected by the Council from amongst its members and four co-opted by
the Council from persons other than the members of the Council at least two
of whom shall be teachers of law in any University or College in
Bangladesh.

(2) The aforesaid committees shall have such powers and functions as may
be prescribed.
(3) The Bar Council may constitute from amongst its members such other
committees as it may deem necessary for the performance of its functions
under this Order.

[11A.

(1) Notwithstanding anything contained in any law for the time being in
force or in this Order or Rules made thereunder, there shall be an enrolment
committee consisting of following members for the enrolment of Advocates
desiring to practice in the High Court Division of the Supreme Court or any
other Court subordinate to it: -

(a) a Chairman to be nominated by the Chief Justice from amongst the

Judges of the Appellate Division;
7
Omitted by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
 (b) one member to be nominated by the Chief Justice from amongst the
Judges of the High Court Division;

(c) Attorney-General for Bangladesh;

(d) two members elected by the Bar Council from amongst its members.

(2) The procedure of the enrolment of Advocates and the business of the
enrolment committee shall be regulated in such manner as may be
determined by it.]8

12. A casual vacancy in the Bar Council shall be filled: -

(a) if the person who previously filled that vacancy was a member, by
the person who received the highest number of votes next after that
member, in the same election, and in the event there being no such
person, by co-option by the Bar Council of a person eligible for
election to the Council under this order; and

(b) if it occurs in the office of the ** 9 Vice-Chairman, by a person

elected in the prescribed manner by the members of the Bar Council
from amongst themselves.

13. All sums received by the Bar Council as enrolment fees or as grants,
donations or subscriptions shall form part of the Bar Council and that fund
shall be managed, administered and utilized in such manner as may be
prescribed.

8
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
9
The words “Chairman or” have been omitted by Ord. No.III of 1975.
 Explanation: - In this Article, the expression "enrolment fees" includes fees
payable at the time of grant of permission in the High Court Division.

14. (1) The Bar Council may constitute, for the benefit of the advocates and
their families and dependents, group insurance schemes and Benevolent
Funds.

(2) Where any such fund is constituted, every advocate on the roll shall be
liable to pay to the fund as contribution or, as the case may be, as premium
such sum of money, and in such manner, as may be prescribed.

(3) A fund constituted under clause (1) shall be managed, administered and
utilized in such manner as may be prescribed.

15. (1) The Bar Council may, whenever necessary, constitute a relief fund for
the help of any distressed advocate or his family and dependents or for
assistance to Bar Associations affected by war damage or natural calamities
or other extraordinary causes.

(2) The relief fund constituted under clause (1) may consist of -

(a) amounts transferred from any other fund of the Bar Council;

(b) grants made by the Government;

(c) contributions received from the advocates; and

(d) donations received from the public, local authorities, or other

sources.
 (3) Assistance from a relief fund may be in the form of loan or guarantee for
the repayment of any loan or lump-sum grant or purchase and distribution of
materials.

(4) The manner in which and the conditions subject to which any assistance
may be extended under this Article shall be determined by the Bar Council.

16. (1) The 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 the Bar Council shall be audited by an auditor who shall
be appointed by the Bar Council from amongst auditors duly qualified to act
as auditors of companies under the [Companies Act, 1994 (Act 18 of
1994)]10, at such time and in such manner as may be prescribed.

[(3) The audited accounts of the Bar Council under clause (2) shall be
submitted to the Public Accounts Committee of the Parliament through the
Parliament Secretariat.]11

17. No act done by the 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.

18. No suit or other legal proceeding shall lie against the Bar Council or any
Tribunal, Committee, officer, or servant of the Bar Council for any act in
good faith done or intended to be done in pursuance of the provisions of this
Order or rules made thereunder.
10
Amended by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
11
Ibid.
19. (1) Save as otherwise provided in this order no person shall be entitled to
practice the profession of law unless he is an advocate.

(2) Subject to the provisions of this order, the rules made thereunder and any
other law for the time being in force an advocate shall be entitled as of right
to practice throughout Bangladesh, and to appear, act and plead before any
court, Tribunal or revenue authority in Bangladesh.

20. The Bar Council shall prepare and maintain a roll of advocates in which
shall be entered the names of –

(a) all persons who were, as advocates, entitled to practice in the High Court
or in any court subordinate to the High Court immediately before the
commencement of this order;

(b) all persons who are admitted as advocates under the provisions of this
Order.

21. (1) No advocate, other than an advocate permitted to practise before the
High Court immediately before the commence-ment of this order, shall be
permitted to practise before the High Court unless-

(a) he has practised as an advocate before subordinate courts in

Bangladesh for a period of two years;

(b) he is a law graduate and has practised as an advocate before any

Court outside Bangladesh notified by the Government in the official
Gazette;
 c) he has, for reason of his legal training or experience been exempted
by the Bar Council from the foregoing requirements of this clause on
the basis of the prescribed criteria.

(2) Permission to practice before the High Court shall be given in the form
prescribed by the Bar Council on proof that the fee prescribed under Article
22 has been paid and that the relevant conditions laid down in clause (1) are
duly satisfied.

22. (1) The Bar Council may prescribe the following fees to be paid to the Bar
Council namely: -

(a) fee for enrolment as an advocate;

(b) fee for permission to practice before the High Court;

(c) annual fee payable by advocates;

provided that –

(i) no person whose name is entered on the roll of advocates

under clause (a) of Article 20 shall be required to pay the fee
for enrolment;

(ii) no person who was an advocate of the High Court

immediately before the commencement of this order shall be
required to pay the fee for permission to practice before the
High Court; and

(iii) no advocate shall be required to pay the annual fee

remaining unpaid for 1971 or the annual fee for 1972.
 (2) The fees referred to in sub-clause (a) and (b) of clause (1) may be paid in
such instalments, if any, as may be pre-scribed.

(3) The annual fee referred to in sub-clause (c) of clause (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 or

contribution or premium under clause (2) of Article 14 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 instalments, fee, contribution or

premium for six months following the date on which it becomes due, he
shall, by notice, be asked to show cause why his name shall not be struck off
the roll of advocates and if the explanation is unsatisfactory, his name shall
be struck off the roll of advocates and shall not be restored except upon
payment of such penalty not exceeding the sum of such instalment, fee,
contribution or premium:

Provided further that the Enrolment Committee, having regard to the

circumstances of each case, may direct exemption of such penalty.

23. (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 clause (a) of Article 20 shall
be entered first in the order in which they were respectively entitled to
seniority before the commencement of this order, and
 (b) the seniority of any other person admitted to be an advocate under
this Order after the commencement of this order shall be determined
by the date of admission.

(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.

24. The Bar Council shall issue a certificate of enrolment in the prescribed form
to every person enrolled under Article 23.

25. (1) The Bar Council shall send to the High Court a copy of the roll as
prepared under Article 20 and shall thereafter communicate to the High
Court all alterations in, and additions to, the roll as soon as the same have
been made.

(2) The High Court shall enter in the copy of the roll all alterations and
additions communicated to it.

26. (1) The Attorney General for Bangladesh shall have the right of pre-
audience over all other advocates.

(2) The right of pre-audience among other advocates shall be determined by

seniority interse.

27. (1) Subject to provisions of this order and the rules made thereunder, a
person shall be qualified to be admitted as an advocate if he fulfils the
following conditions namely: -

(a) he is a citizen of Bangladesh;

(b) he has completed the age of twenty-one years;

(c) he has obtained-

 (i) a degree in law from any university situated within the
territory which forms part of Bangladesh; or

(ii) before the 26th day of March, 1971, a degree in law from
any university in Pakistan;

Provided that the Bar Council may recognize such degree obtained by such
person after the 25th day of March, 1971, if it is satisfied that he was
prevented by circumstances beyond his control from returning to Bangladesh
after that date; or

(iii) before the 14th 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; or

(iv) a bachelor's degree in law from any university outside

Bangladesh recognized by the Bar Council; or

(v) he is a barrister;

(d) he has passed such examination as may be prescribed by the Bar

Council; and

(e) he has paid such enrolment fee and fulfils such other conditions as
may be specified in the rules made by the Bar Council.

(1A) Notwithstanding anything contained in clause (1) a person who has,

for at least seven years, been a Mukhtear may, subject to the other
provisions of this Order and the rules made thereunder, be admitted as an
advocate if he fulfils the conditions specified in sub-clauses(a), (b), (d)
and (e) of clause (1).
 (2) Before a person is admitted as an advocate, the Bar Council may
require him to undergo such course of training as it may prescribe.

(3) A person shall be disqualified from being admitted as an advocate if-

(a) he was dismissed from service of Government or of a Public

statutory corporation on a charge involving moral turpitude, unless
a period of two years has elapsed since his dismissal; or

(b) he has been convicted for an offence involving moral turpitude,

unless a period of five years or such less period as the Government
may, by notification in the official Gazette, specified in this behalf,
has elapsed from the date of the expiration of the sentence.

[(27A)

(1) Notwithstanding anything contained in this Order or in the

Constitution or rules of any Bar Association, an Advocate may be a
member of more than one Bar Association but shall not be a voter in
more than one Bar Association.

(2) An Advocate who is a member of more than one Bar Association

shall exercise his option in which Bar Association he intends to be a voter
within 60 days from the date on which this Article comes into force and
inform his decision in writing to the Bar Council and the concerned Bar
Association.

(3) Where an Advocate fails to inform his option in writing under clause
(2), his name shall only be included in the list of voters of the Bar
Association with which he was enrolled first.
 (4) Each Bar Association shall, within 15 days after expiry of the period
mentioned in clause (2), prepare and maintain a list of voters on the basis
of the options exercised under this Article, subject to the constitution and
rules of that Bar Association:

Provided that, subject to clause (1), on or after the date on which this Article
comes into force, the name of an Advocate shall be included in the list of
voter of the Bar Association in which he is or becomes a member on his
enrolment as an Advocate:]12

[Provided further that an Advocate may apply to transfer his name from the
list of voters of one Bar Association to another Bar Association if the Bar
Council is satisfied that there is sufficient reason for such transfer, but no
application for such transfer shall be allowed unless it is made at least one
hundred eighty days prior to the election of the Bar Association to which
transfer is applied for.]13

28. No woman shall be disqualified for admission to be an advocate for reason

of her sex.

29. An application for admission as an advocate shall be made in the prescribed

form to the Bar Council.

30. (1) All applications for admission as an advocate received by the Bar
Council shall be referred to its Enrolment Committee.

12
Added by Legal Practitioners and Bar Council (Amend) Act 39 of 2003.
13
Amended by Legal Practitioners and Bar Council (Amend). Act 7 of 2004.
 (2) The Enrolment Committee may either grant the application or return it to
the Bar Council recording its reasons for not granting the application.

(3) Where any application is so returned, the Bar Council may, after
considering the reasons recorded by the Enrolment Committee, either grant
or reject the application.

31. An advocate may suspend his practice in such manner as may be prescribed.

32. (1) An advocate on the roll may, in the manner hereinafter provided be
reprimanded, suspended or removed from practice if he is found guilty of
professional or other misconduct.

(2) Upon receipt of a complaint made to it by any court or by other person

that any such advocate has been guilty of misconduct, the Bar Council shall,
if it does not summarily reject the complaint, refer the case for disposal to a
Tribunal constituted under Article 33 (hereinafter referred to as the Tribunal)
and may of its own motion so refer any case in which it has otherwise reason
to believe that any such advocate has been so guilty.

33. (1) The Bar Council may constitute one or more Tribunals and each such
Tribunal shall consist of three persons of whom two shall be persons elected
by the Council from amongst its members and the other shall be a person co-
opted by the Council from amongst the advocates on the roll, and the senior
most advocate amongst the members of a Tribunal shall be its Chairman.

Provided that the Attorney General for Bangladesh shall not be a member of
any Tribunal.
 (2) Notwithstanding anything contained in this Order: -

(a) where any enquiry is pending before a Tribunal constituted

under the Legal Practitioners and Bar Council Act, 1965(Act III
of 1965), such enquiry shall be transferred to a Tribunal
constituted by the Bar Council under clause (1) and thereupon
such Tribunal shall proceed with the enquiry from the stage at
which its predecessor had left it.

(b) where any enquiry is pending before a Tribunal constituted

under this Order at the time of the expiry of the term of the Bar
Council, such enquiry shall be completed and disposed of by
that Tribunal;

Provided that the Chairman of the Bar Council may, by an

order in writing, direct that any such enquiry shall be completed
and disposed of by a Tribunal constituted by the Bar Council
under clause (1) and thereupon the enquiry shall stand
transferred to such Tribunal which shall proceed with the
enquiry from the stage at which its predecessor had left it.

34. (1) In enquiries relating to conduct of advocates, a Tribunal shall follow

such procedure as may be prescribed.

(2) The Tribunal shall fix a date for hearing of the case and shall cause
notice of the day so fixed to be given to the advocate concerned and to the
Attorney General for Bangladesh and shall afford the advocate concerned
and the Attorney General an opportunity of leading evidence, if any, and of
being heard before orders are passed in the case.
(3) Notwithstanding anything contained in this order or any other law for the
time being in force, 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) On completion of the enquiry the Tribunal may either dismiss the
complaint or, where reference to the Tribunal was made at the motion of the
Bar Council, direct that the proceedings be filed; or it may make an order
imposing any of the penalties referred to in clause (1) of Article 32.

(5) 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 Bangladesh.

(6) The Tribunal may make such order as to the costs of pro-ceding before it
as it may deem fit; and where the Tribunal is of the opinion that a complaint
made against advocate is false and vexatious, it may, in addition, and
without prejudice to any other remedy available to the advocates, impose
deterrent costs not exceeding a sum of five hundred taka upon the
complainant, which shall be paid to the advocate as compensation.

(7) Every order of the Tribunal as to costs or deterrent costs shall be

executable as an order of the High Court.

(8) The Tribunal may of its own motion or on application made to it in this
behalf, review any order passed under clauses (4) or (6) and maintain, vary
or rescind the same, as it thinks fit.

(9) When any advocate is reprimanded or suspended under this Order, a

record of the punishment shall be entered against his name in the 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.

35. (1) For the purpose of any such enquiry as aforesaid, 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 Tribunal shall not have power to require the
attendance of the Presiding Officer of any Court save with the
previous sanction of the High Court or, in the case of an officer
of a Criminal or Revenue Court, of the Government.

(2) Every such enquiry shall be deemed to be a judicial pro-ceding within

the meaning of sections 193 and 228 of the Bangladesh Penal Code (Act
XLV of 1860); and a Tribunal shall be deemed to be 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 compelling
the production of documents or issuing commissions: -

(a) The local limits of the jurisdiction of a Tribunal shall be

those of the jurisdiction of the Bar Council; and
 (b) A Tribunal may send to any Civil Court having jurisdiction
in the place where the Tribunal is sitting any summon or other
process for the attendance of a witness or the production of a
document required by the Tribunal, or any commission which it
desires to issue, and the Civil Court shall serve process or issue
such commission, as the case may be, and may enforce any
such process as it were a process for attendance or production
before itself.

(4) Proceedings before a Tribunal in any such enquiry shall be deemed to be

civil proceedings for the purposes of section 132 of the Evidence Act, 1872
(Act I of 1872), and the provisions of that section shall apply accordingly.

36. (1) Any person aggrieved by an order of a Tribunal under Article 34 may,
within ninety days from the date of the communication of the order to him,
prefer an appeal to the High Court.

(2) Every such appeal shall be heard by a Division Bench of the High Court
which may pass such order thereon as it may deem fit and the order of the
High Court shall be final.

37. 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 Article 36.

38. An appeal made under Article 36, shall not operate as stay of the order
appealed against, but the High Court may, for sufficient cause, direct the
stay of such order on such terms and conditions as it may deem fit.

39. The Bar Council may recognize a Bar Association in such manner and
subject to such conditions as may be prescribed.
 40. (1) The Bar Council may, by notification in the official Gazette, make rules
to carry out the purpose of this Order.

(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for –

(a) the manner in which election of members of the Bar Council

shall be held and the manner in which results of election shall
be published;

(b) the manner of election of the **14 Vice-Chairman of the Bar

Council;

(c) the manner 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 **15 Vice-Chairman of the Bar Council shall be
finally decided;

(d) the powers and duties of the Chairman and Vice-Chairman

of the Bar Council.

(e) 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 of the members of any such
committee;

14
The words “Chairman and” have been omitted by Ord. No.III of 1975.
15
Ibid.
(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 funds of the
Bar Council may be utilized;

(k) the maintenance of books of accounts and other books by

the Bar Council;

(l) the appointment of auditors and the audit of the accounts of

the Bar Council;

(m) the examination to pass for admission as an advocate;

(n) the form in which applications for admission as an advocate

are to be made and the manner in which such applications 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 practice in the High Court, the installments, if
any, in which any such fee may be paid;

(r) the form in which permission to practice as an advocate in

the High Court shall be given;

(s) the standard of professional conduct and etiquette to be

observed by the advocates;

(t) the standard of legal education to be observed by

Universities in Bangladesh and the inspection of Universities
for that purpose;

(u) the manner in which and the conditions subject to which a

Bar Association may be recognized;

(v) the procedure to be followed 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;

(x) the general principles for guidance of the Bar Council.

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

41. Any person who is not an advocate and practices the profession of law and
any person who is not entitled under this Order to practice in the High Court
 practices before that Court shall be punishable with imprisonment for a term
which may extend to six months.

42. (1) Notwithstanding anything contained in this Order or any other law for
the time being in force, -

(a) the enrolment of all persons as advocate 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 as advocates during the period from the
1st 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 sub-clause

(a) of clause (1) shall be eligible for fresh enrolment and may apply to the
Enrolment Committee for such enrolment.

(3) Notwithstanding the cancellation of enrolment of a person as an

advocate under sub-clause (a) of clause (1) all actions taken by such person
as an advocate before the commencement of this Order shall 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 East Pakistan Bar
Council shall vest in the Bar Council;

(b) all properties and assets of the Pakistan Bar Council in

Bangladesh shall vest in the Bar Council;

(c) all rights, liabilities and obligations of the 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 East Pakistan Bar

Council in respect of any disciplinary matter or otherwise shall
stand transferred to the Bar Council;

(e) all appeals pending before 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 and the decision of the High Court thereon shall be final;

(f) all officers and 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 Bar Council on such terms and conditions as it may
determine; 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", whenever occurring, the word "Bangladesh" shall
be substituted.
 45. Except as provided in clause (1A) of Article 27 nothing in this Order shall
apply to Mukhtears and revenue agents and every Mukhtear and revenue
agent practicing as such immediately before the commencement of this
Order 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 said authority to which he
was subject, immediately before such commencement, and the provisions of
the Legal Practitioners Act, 1879 (Act XVIII of 1879), or other law shall
have effect in relation to such person as if they had not been repealed by the
Legal Practitioners and Bar Council Act, 1965 (Act III of 1965).

46. If any difficulty arises in giving effect to the provisions of this Order,
particularly in relation to the transition from the enactment repealed by this
Order to the provisions of this Order, the Government may, by order publish
in the official Gazette, make such provisions, not inconsistent with the
purposes of this Order, as appear to it to be necessary or expedient for
removing the difficulty.

Bar Council Rules:

The Bar Council Rules, 1972 make detailed provisions for election of members of
the Bar Council, meetings of the Bar Council and its committees, disciplinary
proceedings, powers and functions of the chairman, vice-chairman, chairman of the
executive committee and the secretary appointed by the Bar Council, enrolment of
advocates, functions of the committees, finance etc. The Benevolent Fund Rules
make detailed provisions for collection of contributions and administration of the
fund and payment of grants to retired or disabled advocates or members of the
family/nominees of deceased advocates. The Relief Fund Rules make detailed
provisions for collection of contributions and administration of the fund and grant
of financial assistance to any distressed advocate or family of any deceased
advocate. The rules for the Registration of Advocate's Clerk make provisions for
qualification and registration of advocate's clerks, and suspension and cancellation
of such registration by the respective Bar Association of which the advocate under
whom the clerk works is a member. The rules relating to the hearing of complaints
against advocate's clerks make provisions for following the procedure in hearing a
complaint against an advocate's clerk. The rules relating to the hearing of appeals
by the executive committee of the Bar Council make provisions for preferring
appeal by an aggrieved person from the decision of the registering authority made
in connection with a complaint against an advocate's clerk and procedure to be
followed in deciding such appeal. The Bangladesh Bar Council has framed canons
of professional conduct and etiquette to be followed by advocates with regard to
other advocates, clients and the public in general, and their duty to the court. The
Special Fund Rules make provisions for operating and administering special funds,
namely the Legal Education Fund, CLEP Fund and Education Reserve Fund. [Kazi
Ebadul Hoque]

Conclusion:

Bangladesh Bar Council a corporate body constituted under the provisions of the
Bangladesh Legal Practitioners and the Bar Council Order 1972 (President's Order
46 of 1972). It admits persons as Advocates on its roll, holds examinations for
purposes of such admission, and removes advocates from such roll for professional
misconduct or failure to pay fees and contributions payable by them. The
Bangladesh Legal Practitioners and Bar Council Order, 1972 is the constitution of
the Bar Council of Bangladesh. Under the guidelines of the Bar Council Order the
Bar Council of Bangladesh was established. The legal practitioners modify and
combine the relating to them from the Bar Council Order. The Bar Council Order
not only provide the resolution for the main factors but also offer additional
approaches regarding to law. Since the Proclamation of Independence of
Bangladesh, it has made its place in the world map and Bar Council Order has
been followed thereafter immediately by the order of the President of the then
Bangladesh.