MEMORANDUM OF ASSOCIATION OF SINDH HIGH COURT BAR ASSOCIATION, KARACHI
1.
This association shall be called “The Sindh High Court Bar Association,
Karachi”.
2. The
office of the association shall be situated in the premises reserved for
the bar room of the building of the Sindh High Court, Karachi.
3. The
aims and objects of the association are:-
a) To
improve and maintain the highest standard of professional ethics,
etiquettes and efficiency according to the code of conduct and canon, as
may be prescribed under the “Legal Practitioners and Bar Councils Act,
1973”.
b) To
make every possible effort and strive to cultivate and promote the
spirit of brotherhood and of mutual cooperation and assistance, amongst
the members of the association in particular and members of the legal
fraternity at large.
c) To
provide a platform through which the problems and difficulties
confronting the members in discharge of their professional duties are
tackled so as to enable the members to lead their lives with honour and
dignity and gives expression to their views on matter of administration
of law and dispensation of justice and allied matters.
d) To
direct its effort to uphold the cause of independence of judiciary and
the rule of law.
e) To
take measure for providing medical facilities to the member of the
association and their family as far as possible.
f) To acquire own and hold immovable properties in any schemes or
independently and to raise construction thereon and grant sub-lease,
tenancy rights and license upon such terms and conditions as may be
deemed beneficial to promote the social status of the members of the
association and their families
g) To
establish and maintain libraries for the benefit of members of the
association and to charge such fee as may be necessary to successfully
maintain run and upgrade the libraries.
h) To
take steps for providing residential/office/chamber facilities to the
members of the association and in this behalf envisage and promote
housing scheme.
i) To
provide financial assistance to the needy members of the association and
widows and orphan children of the members of the association and in this
behalf establish benevolent foundation/trust.
j) To take steps to promote higher education amongst the children
of the members of the association and with a view to encourage them
establish and award medals and scholarships to those with exemplary
academic record.
k) To
envisage and undertake recreational programmes and schemes and arrange
social events and family get-togethers for the benefit of the members of
the association and their families and also to arrange sports events,
tournaments and matches with members of other Bar association in the
province of Sindh and in this behalf establish running trophies and
cups.
l) To do all other acts, deeds and things as may be deemed
necessary and beneficial for members of the association, and to take all
and every steps for realisation and attainment of the aims and
objectives hereinabove stated.
ARTICLES OF ASSOCIATION OF SINDH HIGH COURT BAR
ASSOCIATION, KARACHI
1. This
association shall be called “The Sindh High Court Bar Association,
Karachi”.
2. The
office of the association shall be situated in the premises reserved for
the bar room of the building of the Sindh High Court, Karachi.
3. The
affairs, management and supervision of the Association shall be subject
to the articles hereunder appearing:-
4. All
advocates whose names are born on the roll of advocates of High Court
for at least five years and/or the Supreme Court of Pakistan maintained
by the Sindh Bar Council and the Pakistan Bar Council who are regularly
practicing at the principal seat of the High Court of Sindh at Karachi
shall be entitled, subject to the conditions and procedure hereinafter
laid down, to seek and become members of the Association.
5. The
affairs and the managements of the association shall be under the
supervision and control of the Managing Committee, comprising the
President, Vice President, Honorary Secretary, Honorary Joint Secretary,
Honorary Treasurer and nine members all of whom to be elected in the
manner as hereinafter provided and the President and the Honorary
Secretary of the last preceding years to be its ex-officio members if
not elected.
6. Every
advocate eligible for membership of the association shall apply for
membership by submitting his application in a prescribed form subject to
payment of Rs.2,000.00 by way of admission fee and annual subscription
of Rs.1,000.00 at the time of applying for membership through pay order.
The same shall be refundable in the event application for membership is
not accepted. Provided further that every member of the association
shall pay an annual subscription of Rs.1,200.00. In the event annual
subscription is paid in advance on or before 10th of December
of each year he shall pay 1,000/-
7. Any
member in arrears of his subscription for three years subject to service
of thirty days prior notice his name shall be struck off for the roll of
members and any such person seeking re-admission shall be liable to pay
a sum of Rs.500.00 in addition to payment of arrears of subscription for
the entire period preceding the date of seeking re-admission.
8. The
association shall hold its Annual General Meeting every year on such
date in the month of November as the Managing Committee may decide.
9. Special
General Meeting may be convened by the President and/or by a resolution
of the Managing Committee and/or upon a requisition in writing signed
and addressed to the President at least by One fourth (1/4) of the total
number of the members of the Association stating in writing the purpose
for which such Special General Meeting is desired to be convened upon
requisition and such Special General Meeting shall not discuss or
transact any other business other than for which it is convened and upon
such requisition with the approval of the President the Honorary
Secretary shall notify the date and the time of such Special General
Meeting which shall be convened not before at least, 14 days from the
date of receipt of requisition or earlier if so advised by the
President. That publication of notice of such Special General Meeting in
the cause list specifying the purpose for which such meeting is called
shall be sufficient compliance.
10. Notice
by circulation in the Cause list of all General and Special Meetings
shall be sent by the Honorary Secretary to all members at least two
weeks before such meetings except when a Special Meeting is convened by
the President or by a resolution of the Managing Committee or upon
requisition when shorter notice shall suffice.
11. No
notice of adjourned meeting shall be necessary if the date and time of
meeting are fixed at the adjourned meeting unless the same is adjourned
for want of quorum; two days notice of an adjourned meeting, shall
however, be a sufficient notice. In any event notice published in the
cause list shall be deemed proper compliance.
12. The
election of the Office Bearers as well as members of the Managing
Committee of the association shall be held at the Annual General Meeting
and the members elected to the post of office bearers and the Managing
Committee shall hold office for one year commencing from 1st
of December next following.
13. Every
member of the ass shall be entitled to vote at the election, provided he
is not in arrears of his subscription at least fortnight prior to the
date of election and provided further he has been a member of the
Association at least for a period of three months prior to the date of
election.
14. Every
member who is desirous of being candidate at the annual election for any
office of the Association including membership of the Managing Committee
shall be eligible to seek election provided:-
a)
he has paid the monthly subscription of the Association upto the month
of November of the current year.
b)
he has professional standing as an Advocate entitled to and regularly
practicing as Advocates of the High Court of Sindh at its principal seat
at Karachi for a minimum period as given below against respective
office.
| 1 |
President |
15 years |
| 2 |
Vice President |
15 years |
| 3 |
Honorary Secretary |
10 years |
| 4 |
Honorary Treasurer |
10 years |
| 5 |
Honorary Joint Secretary |
7 years |
| 6 |
Members Managing Committee |
7 years |
c)
his
c)
his name is duly proposed and seconded by only such members
of the Association who have at least equal number of years standing as
Advocate of High Court regularly practicing at the principal seat of the
High Court regularly practicing the principal seat of the High Court of
Sindh at Karachi and has duly paid their annual subscription upto the
month of November of the current year on the date of signing the
nomination form either as proposer or seconder.
d)
nomination paper is accompanied with a nomination fee of Rs.5,000.00 for
the post of President , Vice President, Hon. Secretary, Rs.3,000.00 for
the post of Hon. Joint Secretary and Hon. Treasurer and Rs.2,000.00 for
the post of member Managing Committee.
15. Every
member of the association shall be eligible to seek re-election to any
post held by him provided however, no member of the association shall be
entitled to seek re-election to any of the post of Office Bearers once
he has held the said post for three consecutive terms.
16. Subject
to Rule Number 14 above, every member of the association desirous of
contesting at the Annual General Elections for any office including the
membership of the Managing Committee shall deliver or cause to be
delivered to the Honorary Secretary or at the office of the Association
the prescribed nomination form properly filled and duly signed by the
candidate as well as his proposer and the seconder fulfilling the
conditions hereinabove specified in the Article 14 on the date of filing
of nomination form on or before the date fixed by the Managing Committee
in this behalf.
17. Every
member fulfilling conditions specified above in the Articles 14 shall be
entitled to either propose or second one each nomination paper of the
candidate for the post of Office Bearers and maximum nine nomination
form in the case of office bearers and more than nine in the case of
Managing Committee either as proposer or seconder shall render the
nomination form invalid and the same shall stand rejected
18. In
the event of non-receipt of any nominations form for any of the post of
the Office Bearers and in the case of Managing Committee less than the
seats reserved by the prescribed date by election shall be held
subsequently soon after Annual General Elections process is completed
and newly induced Office Bearers and the members of the Managing
Committee assumes office, in any case not later than one month on a date
to be appointed, by them for the post thus left vacant in accordance
with and subject to Article 14 above.
19. In
the event of any vacancy occurring in the Managing Committee or any
other office or to the post of Auditor, the same shall be filled by the
Managing Committee by co-option in so far as the vacancy occurs to the
membership of the Managing Committee subject to the condition the
members proposed to be co-opted to fill in the vacancy otherwise
fulfills the condition laid down in terms of Article 14 hereinabove ad
in so far as the post of Office bye election within one month of the
vacancy occurring from amongst the candidates who also fulfils the
conditions laid down in term of Article 14 above.
20. Any
Office Bearers including the member of the Managing Committee may be
removed from his office by 2/3rd majority of votes of the
members present and entitled to vote at a general meeting convened in
this behalf.
21. Every
advocate entitled to practice in the High Court, if desirous of becoming
a member of the association, shall make an application, subject to
Article 4 contained hereinabove, under his signature on the prescribed
form duly proposed and seconded in writing by two members, who have been
members of the association for the last ten years and are not in arrears
of the monthly subscription of the association on the date of such
application.
21.A
The Honorary Secretary shall place such applications for membership of
the association, as expeditiously as possible, before the Managing
Committee meeting, but not later than one month from the date of its
receipt, for decision. The Managing Committee meeting will record its
decision by the members present and an application duly approved by
majority thus will be admitted to membership of the association from the
date of grant of his application.
22. Any
advocate not ordinary practicing before the principal seat o the High
Court of Sindh at Karachi may apply to become as Associate Member and
such Advocate shall make an application in the like manner as a
candidate for membership except that the admission fee and the Annual
subscription fee in the case of Associate Member shall be Rs.1,000.00
(Rupees One thousand only) and Rs.600.00 (Rupees six hundred only)
respectively.
23. All
Associate members shall have the same privileges as members except that
they will neither have the right to vote nor to contest for any post
including the membership of the Managing Committee.
24. The
President, and in his absence the Vice President shall preside over all
the meetings of the association and of the Managing Committee provided
that no person shall preside at a meeting where his conduct is in
question.
25. At
any meeting where both the President and the Vice President, are not
available such person, as desired by the Office Bearers and the Managing
Committee members present in the meeting shall preside.
26. All
executive actions shall be taken by the President as to day to day
affairs save policy matter or under his directions by the Honorary
Secretary.
27. The
Honorary Secretary or under his directions the Honorary Joint Secretary
shall keep in his charge all the records of the association and of the
Managing Committee. At the office premises of the association. The
Honorary Treasurer shall keep in his charge all the funds and accounts
of the association. Any two of the Office Bearers viz. the President and
the Honorary Secretary and the Honorary Treasurer shall jointly operate
the Bank Accounts of the association and in the absence of any one or
both, the Managing Committee may authorize any member/members to operate
the accounts. The Honorary Treasurer shall submit statement of accounts
of Income & Expenditure every month before the Managing Committee of the
Association.
28.
The meeting of the Managing Committee shall be held at
least once a month for which a clear notice of two days shall be given
by the Honorary Secretary to the Members of the Managing Committee. The
President may however, convene an emergent meeting of the Managing
Committee at any time on a short notice. Nine Members shall constitute a
quorum of the Managing Committee provided no quorum shall be necessary
for the adjourned meeting. One sixth of the total number f the Members
of the association shall constitute a quorum of a General Meeting of the
association provided no quorum shall be necessary for an adjourned
meeting.
29. The
Annual General Meeting shall elect an Honorary Auditor for the year and
no accounts shall be submitted to any General Meeting unless audited by
him.
30. No
member of the association shall indulge in conduct which is
unprofessional and reflects upon the character and respectability of the
profession or which violates the provisions of Legal Practitioners Act.
No member shall indulge in conduct by which the honor or dignity of the
association or any of its Committee is compromised or the option of the
association or any of its Committee is compromised or the opinion of the
Association or any of its Committee is flouted. Any member may bring to
the notice of Honorary Secretary any violation of these rules.
30-A.
The Honorary Secretary shall lay such information before the Managing
Committee and Managing Committee shall enquire into such information and
if necessary censure the offending members and such censure shall be
circulated among members. The Managing Committee may also put the matter
before the General Body which may take such further action as it deems
fit and proper including expulsion of the offending member.
30-B.
Any member censured by the Managing Committee may appeal to the General
Body within sixty days and decision thereupon shall be considered final.
31. The
Managing Committee may submit requisition signed by at least seven
members for convening an emergent meeting of the Managing Committee
specifying the subject and the President shall advice the Honorary
Secretary to convene the emergent meeting of the Managing Committee as
desired by them.
32.
The Managing Committee of the association may, with majority of ¾ of the
members present and voting make such bye laws or prescribe such forms
for purposes of this Memorandum and Articles of Association.
