کمال اچّھا ہے
To provide a common place and other amenities as may be practicable from time to time for the members of he Association.
To protect the interest of the members and the privileges of the profession.
To assist in the development of good laws, in the formulation of sound and practical rules and bye-laws by the various authorities.
To suggest useful legislation, discuss important and interesting points relation to law, to diffuse useful knowledge of molding public opinion towards the observance of rule of law.
To raise the standard of Advocacy and of professional assistance to the public.
To aid the poor aggrieved relief in Courts of Law or by others legal methods.
To assist the members in conforming to, determining, observing, ascertaining opinion on and matters connected with professional etiquette.
To organize Bar Conferences, Bar Committees or other meetings connected with the advancement of the cause of the profession.
To organize Bench and/or bar dinners or other Social gatherings for maintaining and development of good-will and amicable relations between the members of the judiciary and Bar association.
To espouse the cause of Profession and protect the interests of all persons concerned with the administration of justice.
To publish journals or other periodicals dealing with legal topics.
To establish, maintain and manage a library of the law books for the use of the members.
And such other allied objects as may be considered conducive to promote and secure the said object to raise the high tone of the legal profession.
All the members of this association will try and devote time for High Court Bench movement driven by Mailsi Bar Association. As members are bound by the decision of the High Court Bench Committee regarding every type of participation in the said affairs. If any member found guilty then action may be taken against him more so he may be expelled from membership.
Membership
The membership of the Association shall be opened to all the members of the Bar eligible to practice in Sub-Divisional Courts and having their Office in Mailsi.
1. Enrollment of the Members: A members of the Bar, not on the roll of the Association at present desiring to be enrolled as a member shall apply in writing to the General Secretary of the Association. Such application shall be accompanied with a sum of Rs. 1000/- as the admission fee or such fee as decided by executive committee from time to time. Present members on roll shall virtually be the members under this Constitution.
2. Contribution and Disqualification, etc. : Every member of the Association shall pay annual such contribution as decide by the executive committee from time to time from the date of the enrollment as a member, till his name is removed from the register of members. In case any member’s subscription is in arrears for Two years, the General Secretary will strike off his name from the register of members.
That member will have to apply for re-admission, provided, however, that the Executive Committee may re-admission such member and on re-admission he will have to pay Rs. 500 as admission fee, but such re-admission shall not take effect until all the arrears and re-admission fee are paid within a period of seven days from the date of the decision of the Executive Committee to re-admission him, Provided further that the satisfies the conditions mentioned in Article (4).
(a) Every member of the association shall pay the Sum for annual contribution as decided by the executive committee from time to time this amount received from the members shall be used in the fulfillment of General Object of the Association as under:-
(1.) General expenses of the Bar exclusively.
(2.) Library i.e. purchase of books and maintenance.
(3.) The funds may be used in the welfare of the advocates and towards the grant of permission to satisfy the needs of new chambers in the court premises and for the allotment of residential plots in group housing scheme. However, if any additional amount is required fort the purpose, that may be collected from the members in addition to the annual subscription fee.
(b) Amendment- All the members shall pay above subscription in advance i.e. up to 31st of March, of every year. This amount will be taken for the year i.e. 1st Jan. of said year. A notice shall be put up on notice Board so members can deposit amount well in time. No individual notice shall be given to the members of the Bar. Notice on Bar Board will deemed to be sufficient notice and in case any member fails to deposit his annual subscription , his name will struck off from the list of the active members and they will not be allowed for any Bar’s activity, Library facility and voting rights and other facilities provided by Bar. (In case any member wishes to deposit the said amount will be charged from him.) Provided if any person who will take new membership after the month of March of such year than, in that case above rule and penalty clause will not be applicable.
3. Expulsion from Membership and Meeting :
(a) If a Member is guilty of professional misconduct or such act which may be deemed to effect the reputation of the profession at large he may be expelled from membership by the resolution passed by a ¾ majority of the members present and voting in the General Body Meeting. But before the said meeting is called the executive committee will provide the member a chance for the explanation and will provide him a reasonable opportunity to show cause against such contemplated conduct, misbehavior or act.
(b) In any meeting, if any member misbehaves or acts in any undisciplined manner to vacate and ask to go of the meeting immediately.
Executive Committee
The affairs of the Association shall be managed by a governing body called the Executive Committee which shall consists of a President, a Vice-President, a General Secretary, a Secretary, a Library Secretary , a Treasurer and other five members. The above six office bearers shall be elected every year in accordance with the rules framed there of and attached as annexture 1; the other five members of the executive committee shall be nominated by these office bearers, so elected, with the final opinion of the president within a period of ten days of their election, failing which the General house would elect the same.
Explanation (1):
The year of the Association shall commerce from the first January of every year.
Explanation (2):
Voting would be by ballot in the Election and by the show of the hands in the meetings. Decision will be by majority except otherwise provided.
Explanation (3):
In case any Office-bearer resigns, or dies, or is disqualified by his not attending three consecutive executive meetings without prior intimation and sufficient reasons, then President or General Secretary will put a proposal to disqualify that member, which on being passed by the executive committee, new election would take place for that office, within one month of the vacancy so caused.
Explanation (4):
In case any nominated member resigns, or dies or is disqualified by reason of his not attending, three consecutive executive meetings without prior intimation and sufficient reason, or if thought necessary, in the best interest of the Bar, to be substituted by another member, then President or General Secretary will put a proposal to disqualify that member, which on being passed by the executive committee new member is to be nominated before the next executive committee meets.
Vesting of the properties
The property of the Association shall vest in the Executive Committee for the time being. The Association may sue or be used in the name of the Association, through the General Secretary, Mailsi Bar Association.
(a) Property of the association will be utilized by the members of this Bar. The stock register will be maintained by Executive committee and shall be the custodian of the property and after completing the tenure they will hand over charge in writing to new Committee. In case any article found deficit the amount i.e. price of that will be deposit by the concerning members of the Committee.
Meeting of the Executive Committee
The Executive Committee shall meet at least once every month and may meet as often earlier, as desirable at the direction of the President, or any two members of the committee.
Meetings, Ordinary and Extra-Ordinary
The general meeting of the Association shall be held at least once in three months, giving five days notice. The President, himself or at the direction of the Committee or at the written request of at least 50 members of the Association shall call an extra-ordinary meeting, after giving 4 days notice to the members as far as practicable, notifying the agenda thereof :-
1. An emergent meeting may, however, be directed by the President to be called at any short notice provided the agenda does not involved the alteration of rules or bye-laws made by the Association from time to time or effects the Association
2. There shall be an annual general meeting of the Association, once in a year at least about three weeks prior to the date of election. The agenda of the meeting shall include a report of the General Secretary regarding progress of the Association, and the report of the Treasurer regarding Accounts, no other matter shall be discussed or any resolution passed. These reports shall first be put before the Executive Committee.
3. If any general body meeting, extra-ordinary general body meeting or meeting for amendment of constitution and bylaws fails for want of quorum. Then an adjourn meeting will be held after 1 hrs. At the same place and day for which no separate notice will be required and no bar of quorum will affect such meeting.
Right of Voting
Every member who is fit to be an advocate and practicing at Courts premises shall have right to vote. No member shall be entitled to vote at any general meeting of the Association or Committee, if he is in arrears as to payments of subscription.
Power of the President:
The president will head all the executive committee meetings and will be the final approval authority for all general activities of the bar association. The President shall have a casting vote at all the meetings and he shall be entitled to incur any expenditure on behalf of the Association up to Rs. 2000/- in a month, but such expenditure shall not be of recurring nature, and shall be subject to scrutiny by the Executive Committee. He shall preside over all the meetings both general and executive. His rulings would be final and unchangeable by the members of the Association at any time.
Powers of the General Secretary
The General Secretary shall mange the general activities of Executive Committee, shall manage to call the meetings, and shall issue notices for the activities, shall keep the regular minutes of all the meetings of Association and of the Committees and shall be entitled to incur on behalf of the Association any expenditure up to Rs.1,000/- per month subject to its approval by the Executive Committee in its next meeting.
Power of Vice-President & Secretary
In the absence of President and General Secretary all powers of the President and General Secretary shall vest in the Vice-President and Secretary respectively.
Power of the Library Secretary
The Library Secretary shall manage and maintain the Library in accordance with the decision of the Executive Committee.
The Treasurer
The Treasurer shall keep regular books of accounts of money received and spent, supported with vouchers or receipts, and annual balance-sheet showing the assets and liabilities of the Association and other relevant matters and information which may be requisite therefore, shall be drawn up and the said accounts with balance-sheet shall be audited prior to the annual general meeting and the same. Shall by Liable to inspection by any member so desiring, he shall manage to collect the monthly Subscription of the members and also manage to collect funds for specific functions to be organized by the Association.
(a) Budget: The Treasurer will prepare the annual budget and audited annual balance-sheet showing the assets and liabilities of the Association get it passed by the General House through the Executive Committee. The amount exceeding Rs. 5000/- shall be deposited in a Saving Account in one of the banks. This account shall be operated by
President, The General Secretary and the Treasurer, the Cheques shall be signed by any two of the three mentioned above. The audited balance-sheet will be put up in the annual general meeting and the same shall be Liable to inspection by any member so desiring.
Sub-Committee
The General Meeting of the Association or the Executive Committee mat appoint ad-hock or periodical Sub-Committees to attend to any special business of the Association and confer such powers to such sub-committees as may be desirable under the circumstances. The time period of Sub-Committees may not exceed the tenure of that particular executive committee, however if new committee finds it appropriate to extend it can be extended up to the tenure of new executive committee. Any opinion of such Sub-committee shall receive due consideration by the Executive Committee or General Committee when the opinion comes before them for final discussion. Rules & bye-laws for the General administration and smooth working of the Association would be framed under this constitution having the binding force of law.
Quorum
The Quorum for the general meeting of the Association shall be 1/8th of the members entitled to vote and the quorum for the meeting of the executive committee shall be of five. Provided that for an adjourn meeting no quorum will be required.
The Executive will frame bylaws from time to time for the due implementation of aims and objects of the constitution.
Amendments of the Articles & Rules
No article of the Constitution or a part of it nor any rule framed under the Constitution shall be amended or altered or changed or suspended unless two-third (2/3rd) of members present in meeting (entitled to vote).
Meeting of the Association present members are in favor of it, in the special extra-ordinary general meeting general meeting convened for that specific purpose, nor any previous resolution of the Association shall be amended or altered or changed, or suspended unless
two third (2/3rd) of the members present and entitled to vote are in favor of it.
All conversations and discussions of the general meetings of the Executive Committee, ad-hock or periodical sub-committees or remarks made by any members towards communication and shall not be actionable in any Court of Law.
Language
The minutes of the meetings of the Association shall be written in Urdu but the members shall be a liberty to use any language in their talks, discussions, deliberations and speeches in which they feel their easy expression of ideas to the members present in the meetings.
Commencement of the constitution
This Constitution shall come into force as soon as passed by the general meeting of the association called for the purpose. The Present constitution of the bar association is hereby repealed by promulgation of this constitution.
Act, Debt and Liabilities
All the acts done. Resolution passed, and debts and liabilities incurred by the present executive or the general house are hereby validated under this Constitution.
AIMS AND OBJECTS OF THE BAR ASSOCIATION
To implement the Rules framed by the Pakistan Bar Council of Pakistan as well as Punjab Bar Council.
To act for the welfare of the members of the Association.
To under take all such activities as are in the interest of the members of Mailsi Bar association.
To generate funds for the fulfillment of the aims and objectives of Mailsi Bar Association.
To receive funds, subscription donations and grants etc. by lawful manner and to apply those funds for the welfare of the members of Mailsi Bar Association.
To maintain cordial relations amongst the members of Mailsi Bar Association.
To maintain the cordial relations between the Bench and the Bar.
To undertake such steps and plans and execute such schemes and projects work which may be in the interest of the members of Mailsi Bar Association.
To approach the concerned authorities for providing better facilities to the members of Mailsi Bar Association such as public health, parking of vehicles, canteen and mess facilities etc.
To provide good quality and hygienic food, snacks etc. to the members of the Bar at reasonable rates.
To manage the property and funds of Mailsi Bar Association in a proper manner.
To manage and run the canteens, and other activities of Mailsi Bar Association.
To organize recreational and cultural activities for the members of Mailsi Bar Association.
To look after, manage, supervise and control the affairs of Mailsi Bar Association.
To employ persons or to execute contract with contractors in order to provide better facilities to the members of Mailsi Bar Association.
To maintain the dignity of the advocates.
To maintain and uphold the dignity of the Punjab Bar Council & Judicial Institution.
To act for and in the direction of maintaining the independence of the Judiciary.
To act for maintaining the dignity and noble character of the Legal Profession and to enhance the dignity of the Legal Fraternity in the society.
To undertake the activities such as legal conferences and seminars etc. on Legal Subjects which are helpful to the members of the Bar, Legal Institutions, and the general public?
To make efforts for achieving the goals laid down in the Constitution of Pakistan for the betterment of the Nation and its people.
To provide free legal aid to the weaker sections of the society.
To provide for the election of its members.
To provide legal education and organize training programmers by inviting legal luminaries on different subjects of Law and Constitution, for the young members of the Association.
To do all other things necessary for discharging the aforesaid functions.
To acquire, purchase or obtain land for the construction of residential houses/flats for the advocates who are members of Mailsi Bar Association.
Mailsi Bar Association may receive any grants, donations, gifts or benefits for all or any of the purposes specified in Sub Rule
(a) which shall be credited to the Bar Association for that purposes.
c. The income and property of the society shall be applied solely towards the promotion of the object of the society as set-forth in Memorandum of Association and no portion thereof shall be paid to or transferred directly to the members of the society.
d. No member of the Governing body of the society shall be appointed to any salaried offices of the Association or any office of the Association paid by fees and no remuneration shall be given by the Association to any member of such governing body except repayment of out of pocket expenditure and interest on money lent or lent for premises demised to the Association.
e. The Society/Association by its constitution is required to apply it profits, if any, or the other income in promoting its objects.
f. If upon the winding up or dissolution of the Association there remain after satisfaction of all its debts and liabilities any property whatsoever, it shall not be disturbed among the members of the Society, but shall be given or transferred to some other institution having objects of the society to be some other institution having objects similarly to the objects of the society to be determined by the members of the society at or before the time of dissolution.