Membership Requirements

1. All application for admission as an Advocate of the High Court shall be accompanied by:
a) An Affidavit in respect of duration of practice in the Courts Subordinates to the High Court.
b) Two certificates from Advocates of the High Court as to his being fit person to admit as an Advocate of the High Court.
c) A receipt of the payment of a sum of Rs. 3000/- or any prescribed in this regard: and
d) An application made by a person dismissed from service shall also be accompanied by a Copy of Charge Sheet, the statement of charges and replay thereof; if any, by the applicant and the final order if allowed under the Act & Rules.

2. Application for admission under section 27, clause (c) of the Act shall be forwarded in the High Court and after approval therefrom shall be dealt-with in accordance with the procedure herein provided for enrollment of Advocate.

3. The Secretary shall before forwarding the application to the Enrollment Committee ensure that the applicant is qualified and not disqualified in terms of section 26 and 27 of the Act and the Enrollment Committee shall, before granting the application, ensure that the applicant has undergone such training and passed such examination as may be prescribed.

4. The enrollment committee may, before it passes an order granting to application or returning it to the Bar Council, make such summary enquiry, as it thinks fit.

5. The Enrollment Committee shall dispose of the application with in six(6) months of the receipt of the application by it.

6. Where an enrollment committee of Bar Council allows the application, a certificate of Enrollment shall be issued to the applicant in the prescribed form.

7. The applicant whose application is rejected by the Bar Council shall be entitled to prefer an appeal within 30 days of the notice of rejection of his application to the enrollment committee of the Pakistan Bar Council provided that the enrollment may for sufficient cause extend the period for filing the appeal.

8. The following persons shall be exempted from training and examination provided in Rule 5.2[m(i)] supra:-
1. Applicant who have received an LLM degree from any university in Pakistan or a university recognized under section 26(1)(c)(iii) of the Act, or a degree or diploma which is declared by the Pakistan Bar Council to be equivalent to that degree.
2. Applicant who have for at least 5 years held a judicial office in Pakistan or who have for a like period held a post in the service of Pakistan the duties whereof entail interpretation or drafting of Laws;
3. Applicant who after having been called to the Bar in England have completed a full one year training with a senior counsel in England which training thereafter entitled them to appear independently in Courts in England.
4. Applicant who after having been enrolled as practicing lawyers in any place not with in Pakistan, have to the satisfaction of the Enrollment Committee of the Bar Council, practiced there for full one year.

9. Where the Enrollment Committee returns an application under section 31 of the Act, the same shall be considered and dispose of by the Bar Council and its decision shall forthwith be communicated to the applicant.

10. An Advocate enrolled with any other Bar Council of Pakistan, who wants to be enrolled as such with Khyber PakhtunKhwa Bar Council, shall have to provide all the documents required for enrollment as an Advocate alongwith NO Objection Certificate (N.O.C) from the concerned Bar Council and to pay enrollment fee, benevolent fund and other charges according to his age group as prescribed by the Khyber PakhtunKhwa Bar Council Rules.

11. The enrollment committee shall refuse to enroll or re-enroll a person other wise qualified, on the ground of having retired from any service after attaining supernuation age except the persons who have held the Judicial office, Office of the public prosecutor/ Government pleader/ Legal advisor/ pleading/conduction cases before court as persecutor/ Legal advisor or teaching Law subject.

12. The minimum age prescribed for enrollment as an advocate is 21 years under the Act, however person qualified to be admitted as an advocate upto the age as prescribed in E&D rules 1973 for civil services relexable in case of extra/ special qualification.

13. The Secretary shall issue a receipt for payment of annual fee for the renewal of licence in form “(“ to every advocate paying annual fee, and a certificate in Form I”) to every Advocate permitted to practice before the High Court.

14. An Advocate who fails to pay the annual fee or any other fee or contribution provided by the Rules by the 31st of December of the preceding year shall pay a late fee of Rs. 25/- per month of delay subject to maximum of Rs. 150/- or such as may be prescribed in this regard. (omitted)

15. An advocate may apply that his license be suspended because he intends to discontinue his practice in order to carry on business or to join some other profession or vocation and he may apply for the termination of such suspension. An Advocate may apply that his name be altogether removed from the rolls.

Provided that suspension from practice as an Advocate for a period exceeding three years shall amount to removal from the roll of Advocate of Khyber PakhtunKhwa Bar Council, subject to the provision of Rules 5.11, if such person wanted to be re-enrolled as an Advocate, he shall have to pay the prescribed fee, benevolent fund and other charges according to his age group as prescribed by the Khyber PakhtunKhwa Bar Council Rules.

16. The enrollment committee shall suspend & cancel the license of an advocate where it is established after due notice to the advocate concerned that he has entered Government / Semi Government, non Government organization/ Private sector, school, college, industries and agricultural employment or any other employments, business/ trade of all kinds, vocations, and profession not concerned with law.

17. All disputes relating to seniority as an Advocate shall be determined by the Enrollment Committee. In case the contestants are not entered in the Roll in the correct order, amendment in the Roll will be made giving effect to the decision of the Enrollment Committee by passing correction slips in the Roll.

18. All additions, alteration and corrections made in the Roll shall be communicated to the High Court within Ninety Days of the additions, etc.