Functions of the Bar Council
How Bangladesh Bar Council is the Guardian of Advocates Community? In order to discuss this topic, we have to mention the concern laws in this regard. So let us go through in detail. The Council is the central body of all advocates in Bangladesh. The Council is a Statutory Autonomous Body constituted under the Bangladesh Legal Practitioners and Bar Council Order,1972 (President’s Order No.46 of 1972). So the Body of the council is regulated by this law.
“ The Council shall be a corporate body 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.”.Article 3(2) of the said order,
To safeguard the rights,privileges and interess of Advocates on its rollArticles 10 (e) of Bar Council Order,1972
So this is the way of the body is responsible for safeguarding the rights, interests, and privileges of practicing lawyers, regulating their conduct and helping in the administration of justice. Its composition, powers, and functions are described in detail by the Bangladesh Legal Practitioners and Bar Council Order,1972.
Is the Body of Council the Guardian of the Advocates Community or not?
The Bar Council Rules,1972 make detailed provisions for election of members of the Bar Council, the meeting of the council and its committees, disciplinary proceedings, powers and functions of the Chairman, Vice-Chairman, Chairman of the Executive Committee and Secretary appointed by the Council, enrolment of advocates, functions of the committees, finance, etc. The Bangladesh Bar Council has framed cannons of Professional Conduct and Etiquette to be followed by advocates with regards to other advocates, clients and the public in general, and their duty to the Courts. and also constituted for special fund namely the Legal Education Fund, CLEP Fund, and Education Reserve Fund. In this regards, we would like to emphasize on benevolent fund and Relief Fund . these are mentioned with concern law:-
The Benevolent Fund Rules make detailed provisions for the 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. So the law is thatArt.-14(1) The Bar Council may constitute,for the benefit of the advocates and their families and dependents,group insurance schemes
(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.
The way of seeking financial assistance based on concerned laws
To this issue let us mention 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 advocate. Concerned law to that-Art.-15 (1) A 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 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.
Being a guardian of advocates community Bar Council Can financially assist.
Considering the above functions,it is evident that The Bar Council plays as an important role in promoting the welfare of the community of Lawyers and thus rightly can be called the guardian of advocates.
The advocate’s community in Bangladesh is seeking financial or other assistance from Bangladesh Bar Council because they are affected by the Pandemic Novel Coronavirus (COVID-19). Being a guardian of advocates community and based on the said law of provisions Art.-14(1)(2)(3) and Art 15 (1)(2)(3)(4) Bangladesh Bar Council can play a vital role in assisting some financial contributions belongs to the advocate’s community in Bangladesh.
In this connection, the Chairman of Legal Education Committee of Bangladesh Bar Council Adv Najib Ullah Hiru has expressed his deep concern to assist financially belongs to the advocate’s community in Bangladesh. This is a good symptom for advocates. In the same way, let us hope the same as early as possible.