CONSTITUTION

Whereas the Constitution of the High Court Bar Association Multan was made and enforced on 31-09-1981.

And Whereas due to change in circumstances, it is felt necessary to amend the Constitution to bring it in conformity with the present circumstances and to make it more practical, the General Body of the High Court Bar Association hereby resolves that the Constitution be amended in the following manner:- (The amended added clauses/Articles are high lighted with yellow marker):-

CONSTITUTION
OF
THE HIGH COURT BAR ASSOCIATION,
MULTAN.

IN THE NAME OF ALMIGHTY ALLAH
THE MOST BENEFICIENT AND MERCIFUL

PREAMBLE

WHEREAS, a permanent Bench of the Lahore High Court at Multan has been established;
and,

WHEREAS, it is expedient and essential to form a High Court Bar Association at Multan;
and,

WHEREAS, it is necessary to frame Rules and Regulations to govern and streamline the affairs of the said Bar Association;

THE FOLLOWING RULES AND REGULATIONS, TO BE TERMED AS THE CONSTITUTION OF THE HIGH COURT BAR ASSOCIATION, MULTAN, ARE HEREBY FRAMED, APPROVED AND ADOPTED IN THIS BEHALF.

1. NAME AND DESCRIPT ION:

The Association shall be known and described the HIGH COURT BAR ASSOCIATION, MULTAN. It shall have its office at Multan. It shall also maintain the seal for the purpose.

2. DEFINITIONS:

Subject to the other provisions of this constitution:-

(i) “Association” shall mean the High Court Bar Association, Multan.
(ii) “Competent Authority” shall mean the authority, so empowered under the relevant law.
(iii) “Executive Committee” shall mean the elected office bearers and such member of other members elected or nominated for the purpose as here-in-after provided.
(iv) “Meeting” means any emergent, special or ordinary meeting of the General House, the Executive Committee or the Special Committee constituted by the Executive Committee of the Association and called for any purpose.
(v) “Minutes” mean the record of proceedings of any meeting approved in the subsequent meeting of the meeting concerned.
(vi) “President”, “Senior Vice President”, “Vice President”, “General Secretary”, “Joint secretary”, Finance Secretary”, “Library Secretary”and “Member Executive”, shall mean respectively, “President”, “S.V.P.”, “V.P.”, “General Secretary”, “Joint Secretary”, “Finance Secretary”, “Library Secretary” and “ Member Executive Committee” of the Association.

(vii) “Rules” mean rules framed by the Executive Committee of the Association.

(viii) “Staff” means the employees appointed by the Association.

(ix) “Committee” means the Executive Committee formulated under the
Constitution.

3. AIMS AND OBJECTS:

The aims and objects of the Association shall interalia be:-
(i) to promote the rule of law; to protect, safe guard and promote by lawful means civil liberties.
(ii) to maintain, uphold and project the dignity and prestige of the legal profession and tone up professional etiquette.
(iii) to root out corruption, toutism and identical cancers in the legal set up.
(iv) to cultivate and foster an expirit-de-corpse among the Members.
(v) to protect and safeguard the legal rights and professional privileges of the Members quo the Bench and the Public.
(vi) to faithfully observe the “canons of professional conduct and etiquette of advocates”, enunciated in Chapter XII of the Legal Practitioners and Bar Councils Rules of 1976.

CLASSES OF MEMBERS:

There will be the following classes of members of the Association:-

(a) Regular Members.
(b) Out-station Members.
(c) Honorary Members.
(d) Life Members.

EXPLANATION:
(i) Advocates, for the time being borne on the roll of the High Court, practicing law, having their permanent residence or office within the limits of Multan Tehsil City, Tehsil Saddar and Cantt: area admitted to the roll of membership of the Association on payment of the prescribed admission fee and subscription for the month during which so admitted, shall be known as Regular Members.
(ii) Advocates described above who do not ordinarily reside or have any office within the Multan Tehsil City, Tehsil Saddar Limits or Cantt: area will be known as Outstation Members.
(iii) Persons, admitted to the roll of Members of the Association, whose profound legal acumen or outstanding academic brilliance or eminent Islamic knowledge might constitute an honour or inspiration to the Association and its members and who do not practice Law, shall be designated “Honorary Members”. All judges of the High Court will be ex-officio Honorary Members of the Association.
(iv) An Outstation Member may become a “Regular Member” on payment of the dues under Article 5, 6 & 8 but a Regular Member will not be entitled to any refund if he subsequently chooses to become an “Outstation Member”.
(v) Any regular or outstation member on payment of the prescribed fee may be designated as Life Member of the Association by the Executive Committee.

5. ADMISSION FEE AND MONTHLY SUBSCRIPTION:

The following Admission Fee and Monthly Subscription shall be
paid by the members:-
CLASS ADMISSION FEE MONTHLY SUBSCRIPTION
(i) Regular Members Rs. 500/= Rs. 30/=
(ii) Outstation Members Rs. 500/= Rs. 20/=
(iii) Honorary Members Nil Nil
(iv) Life Members Rs. 3,000/= Nil
NOTE: Members making payment to the peon shall notify the payment against their names on the subscription register and collect regular receipts from the official incharge. The Executive Committee may revise admission fee and monthly subscription from time to time.

6. DEFAULT, SUSPENSION & REMOVAL:-

(i) The monthly subscription shall be payable in advance on the first day
of each calendar month.
(ii) In case of default in payment of subscription for 90 days the member shall be deemed to be in arrears and his membership shall stand suspended.
(iii) In case the default continues for a period of 180 days, the Secretary of the Association shall issue a notice to such member on his last known address asking him to clear the dues. The notice shall be sent by registered A.D.post. Despatch of notice in the above manner shall be deemed to be a sufficient service on the member. If default is not cleared within 60 days of the issuance/dispatch of notice, the name of such member shall be struck off from the Roll of Members.
(iv) A member who is in default for 90 days shall cease to have right to use any facility or amenity provided by the Association.
(v) A member whose name has been removed from the Roll of Members on account of default can be re-enrolled as member on payment of all arrears and on payment of Re-admission fee of Rs. 200/-.
(b) The suspension or cancellation of the licence of a member by Supreme Court, High Court or a Bar Council shall have the effect of automatic suspension or termination of membership of such member.

7. RIGHTS AND OBLIGATIONS OF THE MEMBERS:
.
(a) PRIVILEGES AND RIGHTS
(i) Every member of the Association is a Voter provided that:
(a) His name appear in the voters list of High Court Bar Association Multan issued by the President on 28th February of the year and is in possession of Identity Card issued by the Bar Councils i.e. Punjab Bar Council or Pakistan Bar Council.

(b) His address as shown in the Identity Card issued by the Punjab Bar Council is of the area included in the territorial jurisdiction of the High Court Multan Bench and his name appears in the list of Advocates of the High Court of any Association falling in the territorial jurisdiction of the Lahore High Court Multan Bench.

(c) He is not a defaulter of the monthly subscription of the Association on 28th day of February every year or before the election of the Association.

(d) He is not a defaulter of any kind of dues of the Association including telephone & library books etc.

(e) His name has not been struck off from the roll of voters list by the Executive Committee before 28th of February due to having joined any other business, job or service, provided, it is approved.

(f) He has not used his right to vote in the elections of any other High Court Bar Association of the Punjab of the year concerned.

(ii) Use all the facilities including library, furniture, fixture and avail other amenities including canteen provided by the Association.

(iii) Participate in all functions arranged by the Association.

(iv) Obtain copy of Cause List on payment of charges prescribed for the purpose by the Executive Committee.

(b) OBLIGATIONS OF THE MEMBERS.

It shall be the bounden duty of the members:-

(i) To observe all the Rules of Association, particularly those pertaining to the Library.
(ii) To avoid and abstain from all acts and omissions likely to impair the honour, reputation, dignity and prestige of the Association and the profession.
(iii) Not to employ as clerk, munshi, servant or chaprasi any of the following”-
(a) Those declared by any Bar Association or any competent authority as “disreputed person” or “tout”.
(b) Persons convicted of offences involving moral turpitude.
(c) Munshis who do not produce certificates of good character from High Court Bar Association.
(iv) He shall ensure that his clerk, peon, & chaprasi displays the clerk’s/peon’s/chaprasi’s livery or badge as prescribed by the Executive Committee.
(v) Not to accept cases through:
(a) Touts, or “disreputed persons” declared as such by competent authorities.
(b) Petition or Appeal Writers.
(c) Typists working in court compound.
(d) Employee of High Court & Law offices.
(vi) Not to remunerate any of his employees by commission or any percentage of his professional income
(vii) Not to hold any brief with any legal practitioner removed from the Roll of Members.
(viii) To notify to the Secretary on the prescribed form the names and particulars of his munshis/clerks and all changes, as and when affected, not later than a fortnight of such change.

8. ADMISSION AND ENROLLMENT OF MEMBERS:
(a) All Barristers and Advocates of High Court for the time being borne on the Rolls of the Bar Councils, shall be eligible for membership.

(b) Every application for membership shall be proposed by one member and seconded by another and shall be supported by the following documents.-

(i) Copy of license/(enrollment certificate) issued by a Bar Council.

(ii) Copy of Identity Card issued by a Bar Council.

(iii) Copy of National Identity Card.

(iv) 3 Passport size photographs.

(v) Affidavit/declaration as per schedule “A”.

(c) Every application for membership shall be accompanied by a deposit of prescribed admission fee together with one month subscription.
Note:-
No application shall be received by the office of the Association unless accompanied with the above mentioned documents.

(d) The Committee, may in its discretion, for any sufficient reasons to be recorded in writing admit any person not practicing at the Bar to be an honorary member of the Association. Such honorary member shall be exempted from the payment of all fees and subscription but he shall not have a right to vote in the Elections and interfere in the management and affairs of the Association. Honorary Members may be permitted to use the Library of the Association subject to the Rules relating thereto.

(e) A copy of the Constitution & the Rules of the Association shall be supplied to every member immediately upon his admission as member on payment of Rs. 50/-.

(f) Any member who is elevated to the Bench or is appointed on any Judicial or Quasi Judicial post, his regular/outstation membership will be held in abeyance and he will not be required to pay monthly subscription.

9. OFFICE BEARERS:
(a) The following shall be the designations and numbers of office bearers of the Association and they shall be elected to hold office for a period of one year unless a vacancy occurs, on account of death, resignation, removal from membership or successful no confidence motion in which case if the remain term of office is 3 months or less, a new office bearer shall be nominated by the Executive Committee, otherwise election shall be held to fill such vacancy for the remaining terms of office.
(a) President 1
(b) S.V.P. 1
(c) V.P. 1
(d) General Secretary 1
(e) Finance Secretary 1
(f) Joint Secretary 1
(g) Library Secretary 1
(h) Members of Executive Committee 15
EXPLANATION:
(i) Office bearers from (a) to (g) shall be ex-officio members of the Executive Committee.

(ii) The President of the District Bar Multan shall ex-officio be members of the Executive Committee. Out of the remaining 14, seven shall be nominated by the elected President out of the regular members and rest of the seven shall be elected by the members of the Association through ballot alongwith other office bearers mentioned at (a) to (g).

10. NO CONFIDENCE MOTION:
(a) No confidence motion shall be signed by not less than 1/5th of the regular members. It shall be addressed to the President but if it is against the President, it shall be addressed to the Secretary. It shall be proceeded with by giving a due notice to the person concerned which shall not be less than 7 days and shall be placed before the General House within 14 days.

(b) An Office Bearer or members of the Executive Committee may also be removed from office by a successful no confidence motion carried in the general house by a 2/3rd majority, the corum of such meeting shall not be less than 2/3rd of the members of the Association.

(c) The President shall not preside over the meeting in which no confidence motion against him is to be considered.

11. POWERS AND DUTIES OF THE PRESIDNET AND VICE PRESIDENTS.

The President, and in his absence the Senior Vice President, and in absence of both, the Vice President shall:

(i) Have the right to preside over all the meetings of the Association and the Executive Committee.

(ii) Have casting vote in case of a tie.

(iii) Represent the Association at external functions or nominate any member of the Association for the purpose.

(iv) Incur and sanction an emergent expenditure upto Rs. 5000/- from the funds of the Association to be subsequently sanctioned by the Executive Committee. But this power shall not be exercised more than three times till the next meeting.

(v) Operate the bank accounts of the Association jointly with the Secretary or Finance Secretary.

(vi) Grant leave to servants of the Association upto five days.

12. POWERS & OF DUTIES THE SECRETARY.

The Secretary shall be the general executive of the Association and shall, in particular:
(i) Conduct and sign the correspondence.

(ii) Generally control and manage the establishment, administer censure to servants, grant the leave upto three days and maintain vigilance over their attendance, conduct and efficiently.

(iii) Look to the upkeep of the Library, the Bar-room, the furniture, the canteen and other equipment.

(iv) Maintain records, registers and files of the Association.

(v) Represent the Association at external functions or authorize other members for the purpose with the approval of the Executive Committee.

(vi) Arrange and manage social, cultural and academic functions with the prior approval of the Executive Committee.

(vii) Incur and sanction expenditure from the funds of the Association to the extent of Rs. 3000/- to be subsequently sanctioned by the Executive Committee. But this power shall not be exercised more than three times till the next meeting of Executive Committee.

(viii) Pay salaries of the establishment, monthly utility bills, the bills of newspapers and law report subscriptions etc.

(ix) Operate the Bank accounts of the Association jointly with the President.

(x) Maintain an upto date record about Munshis / Clerks and Peons.

(xi) Maintain and exhibit conspicuously in the Bar hall list of:

a) Touts and “disreputed persons” as declared from time to time by the courts, the Executive Committee or any Competent Authority.

b) Defaulters of dues of the Association in payment for more than three months.

c) Persons debarred from using the Library under the library Rules.

(xii) Shall record minutes of the proceedings at every meeting duly signed by the President of the meeting and place on record.

(xiii) He shall be the custodian of the furniture, books, stationery and all other property other than money and securities of the Association.

(xiv) He shall be responsible that the following registers and books of accounts are duly maintained in such form as the Committee may from time to time prescribe and that the same are correctly and regularly kept: -

a) Minutes Book of the proceedings of the Committee and of all Sub Committees thereof.

b) Minutes Book of the proceedings of the general meetings.

c) Letter Book containing copies of all letters issued.

d) Letter Book containing a note of all letters received.

e) Subscription Book.

(xv) He shall pass all bills jointly with the President and shall submit monthly statement of income and expenditure to the Committee. The bills need not be produced unless specially called for.

(xvi) He shall ensure that the books and property of the Association are properly kept and cared for and to report from time to time to the Committee what books and other necessities are required for the Association and when sanctioned by the Committee or in urgent cases in anticipation of such sanction he may with the approval of the President or in his absence of the senior Vice President order for the same.

(xvii) He shall take necessary action upon all suggestions and complaints noted / made by any of the Members in the prescribed books kept and maintained for the purpose.

13. FINANCE SECRETARY, JOINT SECRETARY & LIBRARY SECRETARY.

(i) FINANCE SECRETARY.
The Finance Secretary shall always act in aid of President and Secretary for the betterment of the Association and shall operate the accounts of the Association jointly with the President.

POWERS & DUTIES OF FINANCE SECRETARY

1. He shall have the custody of all moneys and securities of the Association jointly with Secretary. All sums due to the Association shall be payable to and recoverable by the Finance Secretary.

2. He shall issue receipts for all payments and shall ensure that the following books are properly kept up and maintained:

(i) Subscription Book.
(ii) Cash Book of Income & Expenditure.
(iii) General Ledger.
(iv) Payment Advance Account.
(v) Counter Foil Receipt Book.

3. All receipts of whatsoever description shall be forthwith paid into Bank and only drawn by means of cheques and all payments except those for petty expenditure under sub clause 5 shall be made by cheques drawn by the Finance Secretary”.

4. Receipts for all payments made and signed by the payees shall be obtained and placed on record by him.

5. An imprest or permanent advance not exceeding Rs.2000/- shall be made by the Finance Secretary to the Superintendent to meet contingent current expenditure and the Finance Secretary shall check and reimburse the imprest account at least once a month and note the fact on the account. No expenditure shall be met from current receipt or otherwise than as provided in Clause 3 above and in this rule.

6. The Finance Secretary shall place a report of expenses under clause 3 & 5 before the Executive Committee, monthly.

7. The Clerk shall prepare and place on the notice board every month an account statement showing the amounts due from the Members of the Association. It shall be countersigned by the Finance Secretary.

8. Once a year in the month of January the Finance Secretary shall submit a report on finances of the Association as on the 31st December of the previous year duly passed by the Auditor before Executive Committee, who may place it before the General House.
(ii) JOINT SECRETARY:

The Joint Secretary shall always act in aid of the Secretary for the betterment of the Association and in absence of the Secretary, he shall act as Secretary of the Association.
(iii) LIBRARY SECRETARY:

1. He shall manage the Library according to library Rules framed by the Executive Committee, keep accounts of the books and the law journals etc. and shall also prepare list of Members who default in return of the books and display the same on the Notice Board of the Library. He shall be responsible for all the affairs of the Library.

2. He shall be responsible that the following registers and books of accounts are duly maintained in such form as the Committee from time to time prescribe and that the same are correctly and regularly maintained:-

1. (a) A register of the books in the Library showing the value of each book, the amount annually written off from the value of old books, additions made, the books lost, destroyed or sold and the like. The register shall be placed before the Committee at least once in six months.
2. (b) A similar register for the furniture and for the
3. property of the Association, relating to the library.
4. (c) A printed catalogue of books showing classifications
5. and arrangements of the books in the Library. Printed
6. corrections slips, showing additions and removals shall
7. be supplied to the members on request.
8. (d) Register of Books issued from and returned to the Library.

13. POWERS & DUTIES OF EXECUTIVE COMMITTEE

The Executive Committee shall be the general body in charge of and responsible for the affairs of the Association. It shall have the following powers and duties:
(i) To employ and dismiss servants of the Association, to impose upon them appropriate penalties and punishments, to fix and modify their emoluments, grades and conditions of services; to grant leave (beyond five days), increments and special allowances.
(ii) Sanction all bills of the Association provisionally sanctioned and put up by the office holders.
(iii) To take disciplinary action under the relevant provisions of the Constitution against any member of the Association after such enquiry as it may consider fit.
(iv) To admit or refuse to admit any candidate to the membership
of the Association.
(v) To appoint an Auditor or Auditors to check the accounts of the
Association.
(vi) To do anything that may be expedient, necessary or desirable
for the general prestige of the Association.
(vii) To hold enquiries against touts, and other “disreputed persons”
and to declare them as such.
(viii) To maintain disciplinary control over the clerks and munshis
of the members and to take such action against them as may be necessary.
(ix) To direct any member to dismiss any munshi, clerk, servant or
chaprasi and in case of non-compliance take appropriate
action against the said officials/member.
(x) To impose special and emergent subscriptions or donations
to meet extraordinary expenses.
(xi) Frame or amend Service Rules, Library Rules, Canteen Rules relating to the
bylaws for the proper conduct of the affairs of the Association and the Clerks
of the Members in consonance with the provisions made in the Constitution.

(xii)Prepare budget of the Association within one month of taking over the
office and use all financial powers in terms of the budget so passed by it.

15. GENERAL MEETINGS
1. The following meetings shall be held during the year:-

(i) The Annual General meetings of the Association in the last week of March each year. The date shall be determined by the Executive Committee.
(ii) Monthly meetings of the Executive Committee to be held at least once in a month.
2. An emergent meeting of the Association or of the Executive Committee may be called at any time by the President or the Secretary suo moto or on a written requisition to the effect by at least 50 Members in case of Association and by at least five Members in case of Executive Committee. In case of such a requisition, the meeting shall be called within a week of the requisition.
3. The meeting shall be preceded by the following notices:-
a) Seven clear days notice for meeting under Article 15 (1) (i).
b) Two clear days notice for meeting under Article 15 (1) (ii).
c) 24 hours clear notice for meeting under Article 15 (2) .
4.The quorum for all meetings including adjourned meeting shall be 1/10th of the total strength of Members in case of meeting of General House and 1/3rd in case of Executive Committee. For decision under Article 10 however, the required quorum shall be 2/3rd of the members of the Association.

5. In the absence of the President and the Vice Presidents, the members present at any meeting shall choose, by majority, one of them to preside that meeting.

16. ELECTIONS:
1. The election of office bearers and Members of the Executive Committee shall be held in the last week of March every year.
2. Election shall be by ballot. The Executive Committee shall decide and notify in the Ist week of March every year, the date of filing of nominations, Scrutiny, withdrawals etc. in terms of the Elections Rules annexed to this Constitution.
3. The majority decision shall invariably prevail.
4. Voting by proxy shall not be permissible.
5. To be eligible for any office of the Association a candidate must have:-

(a) President: 10 years standing as Member of the Association.

(b) Senior Vice President : 8 years standing as Member of the Association.

(c) Vice President: 5 years standing as Member of the Association.

(d) General Secretary: 7 years standing as Member of the Association.

(e) Finance Secretary 6 years standing as Member of the Association.

(f) Joint Secretary: 3 years standing as Member of the Association.

(g) Library Secretary: 7 years standing as Member of the Association.

(h) Executive Committee: Shall be a member of High Court Bar Association.

17. AUDITOR
(a) There will be an Auditor of the Association. He shall be a nominee of the Executive Committee having an experience of not less than 7 years as Income Tax Professional Advocate. His term shall be for a period of one year commencing on 1st day of June every year.

(b) The Auditor shall hold audit of all accounts of the Association immediately after the Annual Elections and when the new Executive Committee takes over the office and shall present his Audit Report to the President within one month thereof who shall present it before the Executive Committee.

(c) The audited accounts and balance sheet shall be laid before the Executive Committee, who may place it before the General house to be held in the first week of May every year.

(d) The Auditor shall examine the entire accounts of the Association and shall have access to all the accounts, vouchers and records at all reasonable times throughout the year.

(e) The Auditor shall check the accounts and balance sheet and shall after making such corrections therein as he may deem proper countersign the same. The auditor shall submit a brief report annually in the month of January to the Committee, on the state of the accounts.

18. EXECUTIVE COMMITTEE’S POWER WITH REGARD TO MAINTENANCE OF ORDER:
(a) The Committee may from time to time by resolution in that behalf regulate the manner in which order is to be preserved in the Library. Every such resolution shall be conspicuously posted up in the Library and any breach of any direction contained in any such resolution shall be deemed to be a breach of constitution the rules.

(b) The servants of the Bar shall not be sent out of the High Court premises by members and office bearers for their own private work.

(c) The Committee may from time to time make suitable arrangements with the Clerk’s and Munshi’s Association for obtaining assistance of the latter in dealing with any mater arising under these clause relating to the agents, servants or employees of members or candidates for such employment. All communications between the Committee and the Clerk’s Association, relating to any such person, shall be deemed to be privileged.

(d) The Committee shall have power, upon a complaint or of its own motion to inquire into the conduct of any member of the Association or any agent, servant or other employee of any member, so far as such conduct relates to any breach of the Constitution or to the professional character or honour of any member and for the purpose of any such inquiry may do all acts and things which may be necessary or expedient to enable the Committee to render such inquiry effective. Provided that before the Committee shall take any action upon the result of such inquiry, the Committee shall inform the member concerned or whose agent, servant or other employee is concerned, of the nature of the charges and shall afford him a reasonable opportunity of tendering to the Committee his explanation, either personally or in writing, and of submitting to the Committee any rebutting evidence which he may desire to produce before it. Provided also that every such complaint shall be decided within two month.
Explanation:-
Mis-conduct means and includes professional miss-conduct financial corruption, violation of aims and objects of the Association or criminal breach of trust or an act against the dignity and interest of the Association.

(e) If, after such inquiry, the Committee is of the opinion that a breach of any of the provisions of Constitution is committed or is permitted by any member or that any member is guilty of miss-conduct, the Committee may impose any penalty upon such member including his removal from membership. The orders passed shall be conveyed to the member through Regd. A.D. Post.

(f) If, after such inquiry, the Committee is of the opinion that any agent, servant, or other employee of any member has been guilty of a breach of any of these Rules, it may pass such order in the matter as it may deem proper in the circumstances and as may be in accordance with the provisions of the Constitution.

(g) Every notice issued by the Committee under this Article shall be sent by registered post addressed to such Member at his ordinary place of business or last known address. Every notice so sent shall be deemed to have been duly served on the date in the ordinary course of postal delivery.

(h) (i) The removal of any member from the list of members or the expulsion of any member shall carry with it absolute forfeiture of all donations and subscriptions paid to the Association and shall be no bar to the recovery by the Association of any unpaid subscriptions by such member of the Association at the time of such removal of his name or expulsion.
(ii) Any member whose name shall at any time have ceased to be born on the rolls of Advocates of the High Court, shall cease to be a member from the date on which his name is removed from the said rolls.

19. COMMUNICATIONS PRIVILEGED
(a) All proceedings, records and documents pertaining to the affairs of the Association shall be deemed to be privileged and shall not be made public. The same shall remain confidential. Executive Committee may, however, decide to disclose any privileged document or proceeding in case of emergency.
(b) All communications made to the committee on inquiries held under the preceding rules, shall be deemed to be privileged.

20. APPEALS
(a) Every order or decision of any such office bearer shall be appealable to the Executive Committee and every decision of the Executive Committee shall be appealable to the General House provided as follows:-
(i) The order or decision adversely affects any member of the Association.
(ii) The appeal is filed within 3 days of the communication of the order or decision to the affected member.
(b) All appeals shall be decided by majority in a meeting.
(c) Every such appeal shall be in writing and shall be signed by the member and delivered to the Secretary within 3 days of the communication of the order or decision to him, against which he desires to appeal.
(d) The Secretary shall, without delay convene a Special Meeting for the purpose of disposing of such appeal within one month from the date of the receipt of the appeal unless the appellant agrees to or desires a longer date.
(e) No person who has been removed from membership under the preceding clause and whose appeal has been rejected by the House in a Special Meeting, shall be eligible to apply for his re-admission as member, before the expiry of 2 years of his expulsion or removal or final order in that behalf & such an application shall be considered & decided by the General House only.

21. GENERAL
1. Notice pasted on the Notice Board shall constitute sufficient service and those sent by registered post at the ordinary place of business or last known address of the addressee shall be presumed to have been duly served on the date on which such letter would have been delivered in the ordinary course.

2. All speeches, remarks and expressions of opinion by the members during all meetings of the Association shall be kept strictly secret and confidential.

3. Every decision of the Secretary, the President, or the Executive Committee shall be open to correction by the authority making such decision with a view to rectify clerical errors or apparent mistakes.

4. The accounts of the Association shall be maintained in the National Bank of Pakistan, or any other Bank / Banks as approved by the Executive Committee from time to time.

5. No cheque above Rs.1 lac shall be issued by concerned Office Bearer of the Association unless approval is obtained from the Executive Committee. The Bank shall be informed and instructed specially in this regard.

6. Nothing in these rules shall tantamount to limit the inherent powers of the Association to take such decision as may be necessary and expedient for the general good and welfare of the Association and essential to promote its interests.

7. No amendment, addition or alteration in this constitution shall be made except by 2/3 majority of the members in a general meeting of the Association.

8. Every special resolution varying, adding to or canceling any Article or any clause of any Article of the Constitution shall be attached to the Constitution and all variations, additions or cancellation thereby made shall, unless any time be specified in such special resolution, take effect forthwith.

9. The Constitution and the Rules of the Association shall be printed.

22. The President may constitute the following Committees from the members of the Executive Committee. The committee so formulated can co opt any member of the Association.

(i) Human Rights Committee including Free Legal Aid Committee.
(ii) Conference / Functions Committee.
(iii) Finance Committee.
(iv) Library Committee.
(v) Canteen Committee.
(vi) Administration / Staff Committee.
(vii) Construction Committee
(viii) Any Other Committee for any specific purpose

Every Committee shall be headed by President and the Secretary shall be its ex-officio member. The committees shall perform the functions assigned to them from time to time.
23. All clauses/Articles of the Constitution as amended by the General House vide resolution dated 24.09.2004 and shall stand formed part of the Constitution and shall come into force forth with.

HIGH COURT BAR ELECTION RULES.
(Framed by General House on 24.09.2004)

In order to conduct and hold fair, free and impartial elections of the High Court Bar Association, Multan, the following Rules, called “Election Rules of the High Court Bar Association, Multan” are hereby framed adopted and enforced forth with.

1. COMMENCEMENT:

These Rules shall come into force immediately and shall be applicable to the all forth coming election of the Association subject to amendments, if any, made by the Executive Committees strickly in consonance with the provision of the Constitution.

2. ELIGIBILITY TO VOTE:

Every Member of the Association will be a voter provided he qualifies to be a Voter Member under Article 7 of the Constitution.

3. ELIGIBILITY OF CANDIDATE, HIS PROPOSER & SECONDER:

Every Regular Voter Member of the Bar Association is eligible to contest election provided he qualifies in terms of provisions made in Articles 7 & 16(5) of the Constitution.

4 ELECTION BOARD:

(i) There shall be an Election Board consisting of one Chairman and two members. The President of the Bar shall be the Chairman of the Board provided he himself is not a candidate. If so SVP shall be the Chairman of the Board.

(ii) The Executive Committee shall nominate two members in its meeting for the purpose in the first week of March, each year. The Chairman and the members of the Election Board shall be offered and informed of their appointment in writing or otherwise. In case of refusal by any member of the Board so nominated, the President may nominate any other member in his place as member of the Election Board. The General Secretary shall provide the Board relevant record / voters list etc duely approved and issued by the Executive Committee to the Board.

(iii) The General Secretary of the Bar Association shall assist the Board till the finalization of the elections. In case the General Secretary is contesting for any office in the election, the Executive Committee shall nominate a person out of its members for the purpose.

5. RETURNING OFFICER:

(a) The General Secretary or any member of the High Court Bar Association, nominated so by the Executive Committee shall be called and act as “Returning Officer”.

(b) The Returning Officer shall receive nomination paper from the candidates or their agents on the date fixed by the Executive Committee, from 9.00 A.m. to 1.00 P.M.

(c) Returning Officer shall prepare a list of the candidates and shall display it on the notice board by 4.00 P.M. on the same day.

(d) On the day of scrutiny, the Returning Officer, in the prescribed manner, shall examine the nomination papers in presence of the candidate or his authorized agent, if any. The Returning Officers may reject the nomination papers of any candidate on any of the following grounds:-
(i) If the nomination form does not bear the correct name of the proposer and the seconder.
(ii) If the candidate is disqualified to contest the election or is a defaulter as per the provisions of the Constitution.
(iii) If the candidate’s proposer or the seconder is disqualified or is defaulter of the Association under Constitution .
(iv) If the nomination form is not filed within the prescribed time i.e. 9.00 A.M. to 1.00 P.M.

6. POWERS OF ELECTION BOARD:

(a) The Chairman shall preside over the meetings / proceedings of the Board. The General Secretary shall assist the Board.

(b) The Members of the Board shall hear appeals against the orders passed by the Returning Officer rejecting or accepting the nomination papers or any other order passed by him. The decision shall be made by majority and shall be final and no appeal shall be competent against any decision of the Election Board.

(c) After receipt of the appeals the Board shall give hearing to the parties from 9.00 A.M. to 1.00 P.M. on the date fixed in the Election Schedule. The General Secretary may be called for the assistance of the Board and to appear on behalf of the Bar Association.

(d) On the same day, i.e. date of hearing, the Board shall reduce its decision in writing; and then announce it.

(e) The Board shall provide a copy of the decision to the candidate, if demanded, free of costs within two days of the date of hearing.

(f) Elections shall be conducted under the supervision of the Board.

(g) The Election Board shall prepare scheme of the elections and shall nominate requisite Presiding Officers and Election Officers.

(h) The Election Board shall have authority to take any action to ensure the conduct of elections in impartial, smooth and fair manner.

7. GENERAL:

(a) No candidate shall contest for more than one office in an election.

(b) No candidate or any member of the Association shall call in question the verdict / judgment of the Election Board in any court of law / authority or before any other forum.

(c) A candidate/member, guilty of the violation of the Rules, shall be liable for disciplinary action under the Constitution.

(d) Polling shall be held from 9.00 A.M. to 4.00 P.M. with a break of one hour from 1.00 to 2.00 P.M. However, a voter who enters a polling both before 4.00 P.M. will be allowed to cast his vote.

(e) A committee to control the monetary matters shall be constituted by the Executive Committee of which the General Secretary and the Office Accountant shall be the members.

(f) The candidates may appoint their polling agents who shall produce their authority letters before the Board of election.

(g) The Ballot Boxes shall be sealed before the start of the polling in the presence of the candidates or their polling agents duly nominated.

(h) No ballot paper shall be issued to any voter unless he proves his identity through computerized I.D. card duly issued by the Punjab Bar Council and in case such cards has not been issued as yet, then through provisional I.D. card issued by the Punjab Bar Council along with National I.D. card issued by NADRA.

(i) The voters shall be provided a place where he could secretly mark ballot papers.

(j) No canvassing shall be allowed in the polling booth areas. (k) After close of polling the ballot boxes shall be de-sealed in the presence of the candidates or their nominated polling agents and after that counting shall be held.

(l) After counting, the Chairman shall prepare the result sheet and shall announced the same himself or through any member of the Board.

(m) No candidate shall use banners, posters, stickers or any other kind of printed material except visiting cards for canvassing in the elections. Violation of this rule shall be deemed to be a disqualification for contesting the election.

(n) After announcement of the result the ballot papers and all other election materials shall be sealed and kept in safe custody by the Board till the decision of applications for recounting etc, if any and also till the decision of appeal etc, if any. After that the said record shall be handed over to the office of the Association for safe custody for one year.

8. APPELLATE BOARD & APPEALS:

(i) Within two days of the announcement of result, a candidate may file appeal against the announced result of his election to the Appellate Board.

(ii) The Appellate Board shall be nominated and announced by the Executive Committee alongwith the schedule of Election. It shall consist of three Members of the Association having at least 15 years standing as member of the Association.

(iii) All appeals shall be decided by majority of the members of the Appellate Board within 15 days of the filing of appeals.

(iv) The decision of the Appellate Board shall be final and shall not be call in question before any court authority including High Court.