Draft Memorandum of Association

بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيْمِ

IN THE NAME OF ALMIGHTY ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL

MEMORANDUM OF ASSOCIATION

OF THE

ISLAMABAD HIGH COURT BAR ASSOCIATION

ISLAMABAD

(As Amended and Consolidated — 2026)

Office: Islamabad High Court Bar Association, Constitution Avenue, G-5/1 Islamabad

PREAMBLE

WHEREAS, the Islamabad High Court at Islamabad has been duly established and is functioning as the superior court of the Islamabad Capital Territory;

AND WHEREAS, it is expedient and essential to form, organize and regulate a High Court Bar Association at Islamabad for the benefit and welfare of the legal fraternity practicing before the said court;

AND WHEREAS, a Constitution of the Islamabad High Court Bar Association, Islamabad was adopted and enforced in November 2008, and it is now necessary to comprehensively amend, revise and consolidate the same to bring it into conformity with the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973), the Pakistan Legal Practitioners and Bar Councils Rules, 1976, Act V of 2014 (Islamabad Bar Council), directives of the Pakistan Bar Council and the Islamabad Bar Council issued from time to time, and the needs and aspirations of the members;

AND WHEREAS, the Executive Committee of the Islamabad High Court Bar Association has resolved to approve this revised and consolidated Memorandum of Association;

NOW THEREFORE, the following Memorandum of Association of the Islamabad High Court Bar Association, Islamabad, is hereby framed, approved and enforced:

PART – I: PRELIMINARY

Article 1 — Name, Description and Seal

1. This Memorandum of Association shall be called the 'Memorandum of Association of the Islamabad High Court Bar Association, Islamabad'.

2. The Association shall be known and described as the ISLAMABAD HIGH COURT BAR ASSOCIATION, ISLAMABAD (hereinafter referred to as 'the Association' or 'IHCBA').

3. The principal office of the Association shall be situated at Islamabad High Court Bar Association, Constitution Avenue, G-5/1, Islamabad Capital Territory, Pakistan.

4. The Association shall maintain an official seal, which shall remain in the custody of the General Secretary at the Secretariat of the Association. The official seal may be affixed to any document or instrument:

(a) with the prior authorization of the President; or

(b) in routine administrative matters, with the written authorization of the General

Secretary in accordance with Rules or a resolution of the Executive Committee; or

(c) by any other office-bearer or officer specifically authorized by resolution of the

Executive Committee.

5. This Memorandum of Association shall come into force immediately upon its approval and shall apply to all members of the Association. It shall remain in force unless modified. No adoption, variation, addition, repeal or alteration of this Memorandum of Association shall be made except in accordance with Article 59.

Article 2 — Definitions

In this Memorandum of Association, unless there is anything repugnant to the subject or context:

"Act" means the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973) and the rules and regulations framed thereunder, as amended from time to time.

"Active Practice" means continuous professional legal practice as an Advocate, ordinarily carried on within the territorial jurisdiction of the Islamabad High Court, and may be determined by reference to appearances, vakalatnamas, filings, chamber practice, or such objective criteria as may be prescribed by the Election Rules or by Rules framed under this Memorandum of Association.

"Association" or "IHCBA" means the Islamabad High Court Bar Association, Islamabad.

"Advocate" means an Advocate duly enrolled with the Islamabad Bar Council or any other Provincial Bar Council of Pakistan, whose name is borne on the Roll of Advocates maintained under the Act.

“Clerks/Munshis Rules” mean the IHCBA Clerks/Munshis of (Legal Practitioners) Rules, 2026 and attached with this Memorandum of Association as ‘Schedule-C’.

"Competent Authority" means the current President of the IHCBA.

"Council" means the Islamabad Bar Council constituted under Act V of 2014, or its successor authority.

"Defaulter" means a member who has failed to pay the yearly subscription by the due date.

"Election Board" means the board constituted to conduct and supervise the Annual General Elections of the Association.

"Eligible Candidate" means a Voter Member who fulfills all conditions under Article 23 for contesting elections.

“Election Rules” mean the Election Rules of the Islamabad High Court Bar Association attached with this Memorandum of Association as ‘Schedule-A’.

“Employees’ Rules” mean the Islamabad High Court Bar Association Employees’ Rules, 2025 duly approved by the Islamabad Bar Council and attached with this Memorandum of Association as ‘Schedule-B’.

"Executive Committee" means the Executive Committee constituted under this Memorandum of Association.

"Fiscal Year" means the period from 1st January to 31st December each year.

"General House" means the General Body of all the members of the Association assembled in a duly convened meeting with the requisite quorum.

"Honorary Member" means a person admitted to honorary membership in recognition of distinguished legal acumen, academic achievements, eminent knowledge/public service, or exceptional contribution to the administration of justice, who is not engaged in the practice of law. All sitting and former Judges of the Islamabad High Court shall be ex-officio Honorary Members of the Association. The President, with the consent of the General Secretary, may admit any other distinguished member of society as an Honorary Member. No other person shall be admitted as an Honorary Member except in accordance with Article 4.

"Life Member" means a Regular or Outstation Member who has been designated as such on payment of the prescribed fee.

“Memorandum of Association” means this Memorandum of Association of the Islamabad High Court Bar Association, as amended from time to time.

"Minutes" means the record of proceedings of any meeting, approved in the subsequent meeting of the body concerned.

"Non-Voter Member" means an Advocate who does not ordinarily reside or maintain an office within the Islamabad Capital Territory and whose name is borne on the Roll of Advocates of a High Court maintained by a Bar Council other than the Islamabad Bar Council.

“Office bearer” shall respectively mean the holder of office of the "President", "Vice President", "General Secretary", "Additional Secretary", "Joint Secretary", "Finance Secretary", "Library Secretary", "Auditor" and "Member Executive Committee" of the Association.

"Pakistan Bar Council" or "PBC" means the Pakistan Bar Council established under the Act.

"Regular Member" means an Advocate High Court borne on the Roll of the Islamabad High Court Bar Association, having a permanent residence or office within Islamabad, duly admitted to membership on payment of prescribed fees.

"Rules" means rules framed by the Executive Committee of the Association under and in accordance with this Constitution.

“Secretariat” means the secretariat of IHCBA, comprising officers and staff appointed by virtue of the IHCBA Employees’ Rules, 2025.

"Staff" means the employees appointed by the Association to run its affairs.

"Voter Member" means a Regular Member who fulfills all conditions laid down in Article 6 and is entitled to vote in elections.

PART – II: AIMS AND OBJECTS

Article 3 — Aims and Objects

The aims and objects of the Association shall inter alia be:

1. To promote and uphold the Rule of Law; to protect, safeguard and advance, by lawful means, civil liberties, fundamental rights and constitutional values.

2. To maintain, uphold and project the dignity, honour and prestige of the legal profession, and to cultivate genuine adherence to professional etiquette and the Canons of Professional Conduct, as enunciated in Chapter XII of the Legal Practitioners and Bar Councils Rules, 1976.

3. To root out corruption, touting and all other malpractices in the legal system.

4. To cultivate and foster an esprit-de-corps, brotherhood and a spirit of mutual cooperation and assistance among the members.

5. To protect and safeguard the legal rights and professional privileges of the members vis-à-vis the Bench and the public.

6. To uphold the independence of the judiciary and to assist the courts honestly and earnestly in the administration of justice.

7. To promote higher legal education, advocacy skills and legal research among the members.

8. To launch schemes and programs for providing housing, medical, recreational, library and financial welfare facilities to the members and their families.

9. To maintain liaison with Bar Associations within Pakistan and abroad to promote unity and understanding within the legal fraternity.

10. To execute and implement all applicable instructions, guidelines and decisions of the Pakistan Bar Council and the Islamabad Bar Council.

11. To take all other lawful steps necessary and desirable for the general prestige, welfare and interests of the Association and its members.

PART – III: MEMBERSHIP

Article 4 — Categories of Members

There shall be the following categories of members of the Association:

1. Regular Members

2. Non-Voter Members

3. Honorary Members

4. Life Members

Explanation (i) Regular Members: Advocates for the time being borne on the Roll of the Islamabad High Court/Islamabad Bar Council as an Advocate High Court practicing law and having their permanent residence or office within the limits of the Islamabad Capital Territory, admitted to the roll of membership of the Association on payment of prescribed admission fee and subscription, shall be known as Regular Members.

Explanation (ii) Non-Voter Members: Advocates as described above who do not ordinarily reside or maintain an office within the Islamabad Capital Territory and whose names are borne on the Roll of a Bar Council other than the Islamabad Bar Council shall be known as Outstation Members. Outstation Members shall not have the right to vote or contest elections.

Explanation (iii) Honorary Members: Persons admitted to honorary membership whose profound legal acumen, outstanding academic brilliance, eminent knowledge/public service, or contribution to the administration of justice constitutes an honour to the Association, and who are not engaged in active legal practice, may be designated as Honorary Members. All present and former Judges of the Islamabad High Court shall be ex-officio Honorary Members of the Association. No person, other than an ex-officio Honorary Member, shall be admitted as an Honorary Member except with the approval of the Executive Committee by majority vote recorded in writing, or by the President with the consent of the General Secretary. Honorary Members shall not have the right to vote or contest elections.

Explanation (iv) Life Members: Any Regular or Outstation/Non-Voter Member who, on payment of the prescribed life membership fee, has been designated as a Life Member by the President and General Secretary in accordance with this Memorandum of Association.

Article 5 — Admission Fee and Yearly Subscription for Voter and Non-Voter

The Admission Fee and Yearly Subscription shall be payable by the members as per Annexure-A attached with this Memorandum of Association. The Executive Committee may revise the admission fee and yearly subscription from time to time by resolution. The President of the IHCBA is the final authority regarding amendments to fees, and in exceptional or special circumstances and for reasons to be recorded, grant discount of up to fifty percent (50%) of the prescribed fee. Provided that no discount exceeding fifty percent (50%) shall be granted under any circumstances. Provided further that no discount or concession shall be admissible in respect of recurring annual charges, annual subscription, renewal fees, or other recurring dues.

Article 6 — Procedure for Admission and Enrollment

All Advocates duly enrolled with the Islamabad Bar Council or any other Bar Council of Pakistan shall be eligible for membership of the Association as per his/her category of membership.

Every application for membership shall be proposed by one member and seconded by another member of the Association. The application shall be supported by the following documents:

Copy of Secondary School/O level Certificate.

Copy of the Higher Secondary School/A Level Certificate.

Copy of Bachelor’s/Graduation Degree. (If required).

Copy of L.L.B Degree.

Copy of enrollment certificate/license issued by the concerned Bar Council.

Copy of Identity Card issued by the concerned Bar Council.

Copy of Computerized National Identity Card (CNIC).

Two recent passport-size photographs.

Every application shall be accompanied by the prescribed admission fee together with one Year subscription. No application shall be received by the office unless accompanied by all the above-mentioned documents.

The President and General Secretary shall consider and decide the application within fifteen (15) days. In case of rejection, reasons shall be recorded in writing and communicated to the applicant. A copy shall be placed on the Notice Board.

An applicant aggrieved by the decision of the President and the General Secretary may prefer an appeal to the Executive Committee within thirty (30) days. The decision of the Executive Committee shall be final.

A certified copy of the Memorandum of Association and Rules of the Association shall be supplied to every member upon admission on payment of prescribed fee/price.

Any member elevated to the Bench or appointed to any Judicial or Quasi-Judicial post shall have his Regular/Non-Voter membership held in abeyance and shall not be required to pay yearly subscription during such appointment.

Article 7 — Rights and Privileges of Members

(A) Voting Rights

Every Regular Member of the Association shall be entitled to vote in elections, provided that:

His or her name appears in the Voters List of the Association issued by the President in the third week of December of the year and he is in possession of a valid Identity Card issued by the Islamabad Bar Council and CNIC issued by NADRA.

He or she is not a defaulter of the Yearly subscription of the Association on the date of issuance of Voters List.

He or she is not in arrears of any dues of the Association, including library charges.

His or her name has not been struck off from the Voters List by the President before the issuance of Voters List due to having joined any other full-time employment, business, job or service.

He or she has not exercised his/her right to vote in the election of any other High Court Bar Association.

He or she otherwise fulfils the requirements of a Voter Member under this Memorandum of Association.

No member shall be excluded from the Voters List except by a written order stating reasons, communicated to the member not later than seven (7) days before final publication of the Voters List.

Every member whose name is omitted from or struck off from the Voters List shall have a right to file objections before the Election Board or such authority as may be prescribed in the Election Rules, within the time prescribed.

(B) General Privileges

Every member in good standing shall be entitled to:

Use all facilities of the Association, including the Library, Bar Room, furniture, fixtures, amenities and Canteen.

Participate in all General Body meetings, functions, seminars and events arranged by the Association.

Obtain a copy of the Cause List on payment of charges prescribed by the Executive Committee.

Propose and second candidates for election, subject to fulfillment of prescribed conditions as mentioned in the Act.

(C) Obligations of Members

It shall be the duty of every member to:

Observe all rules of the Association, particularly those pertaining to the Library, Bar Room, and Canteen.

Avoid and abstain from all acts and omissions likely to impair the honour, reputation, dignity and prestige of the Association and the profession.

Not to employ clerk, munshi, servant, etc.:

declared by any Bar Association or competent authority as a disreputed person or tout.

convicted of an offence involving moral turpitude.

who does not produce a certificate of good character from the Association.

Ensure that such person displays the livery or badge as prescribed by the Bar Administrative office.

Not accept cases through touts, disreputed persons, petition writers, typists working in the court compound, or employees of the High Court and law offices.

Not remunerate any of his employees by commission or any percentage of his professional income.

Not hold any brief jointly with any legal practitioner removed from the Roll of Advocates.

Notify the General Secretary, within a fortnight, of the names and particulars of his munshis/clerks and all changes thereto, on the prescribed form issued by Admin Office as per Clerks Rules 2026.

Article 8 — Default, Suspension and Removal

The Yearly subscription shall be payable before due date issued by the office every year.

In case name of a member is included in the final defaulters list and he/she fails to deposit the Yearly subscription even after thirty (30) days of issuance of final defaulters list, such member shall be deemed to be in arrears and his membership shall stand suspended. A suspended member shall cease to have the right to use any facility or amenity provided by the Association.

In case the default continues for a period of three (3) years, the General Secretary shall issue a notice to such member at his last known address by Registered Post A.D. and through WhatsApp or any modern mode of service. Dispatch of such notice shall be deemed sufficient service. If the default is not cleared within sixty (60) days of dispatch of notice, the name of such member shall be struck off from the Roll of Members. The General Secretary shall inform the Islamabad Bar Council accordingly.

A member whose name has been struck off from the Roll of Members on account of default may be re-enrolled on payment of all arrears and a re-admission fee, subject to the approval of the President.

The suspension of the licence of a member by the Supreme Court, High Court or cancellation by a Bar Council, as the case may be, shall have the effect of automatic suspension or termination of membership of such member.

A member shall also be liable to removal or disqualification on the following grounds and only after due process under Article 44:

if found guilty of professional misconduct and whose licence to practice has been cancelled or suspended by competent authority.

if convicted of an offence involving moral turpitude.

if engaged in persistent touting or anti-Association activities.

if deliberately and persistently violating resolutions passed by the General House/Executive Committee.

If engaged as a full-time employee in any government, semi-government, or private firm or company, by reason of which he neither accepts briefs nor visits the Bar Room for professional purposes.

PART – IV: GENERAL HOUSE

Article 9 — Composition and Powers

There shall be a General House of the Association consisting of all voter members. The General House shall be the supreme policy-making and controlling authority of the Association.

All decisions of the General House shall be expressed in the form of resolutions, decided by 2/3rd majority of Voter Members present and voting, unless otherwise specifically required by this Memorandum of Association. Unless otherwise expressly provided by this Memorandum of Association, decisions of the General House on ordinary business shall be carried by a simple majority of Voter Members present and voting.

The General House shall have the power to make, amend or rescind rules and regulations for the purpose of carrying out the objects of this Memorandum of Association and to regulate all affairs of the Association.

Article 10 — Types of Meetings

(A) Annual General Meeting

The Annual General Meeting of the Association shall be held in January each year. The date shall be determined by the Executive Committee. The Annual General Meeting shall transact the following business:

Presentation and adoption of the audited accounts.

Presentation of the annual report on the performance of the Association.

Election of office bearers and members of the Executive Committee.

Appointment of Auditor for the ensuing year.

Any other business with the permission of the Chair.

(B) Monthly Meetings of Executive Committee

Meeting of the Executive Committee shall be held at least once a month.

(C) Special Meetings

A special meeting of the General House or the Executive Committee may be called at any time by the President or the General Secretary, suo motu or on a written requisition signed by:

At least One Hundred (100) Voter Members of the current year in the case of a meeting of the General House.

At least five (5) members in the case of a meeting of the Executive Committee.

In case of such a requisition, the meeting shall be called within seven (7) days of receipt of the requisition.

Article 11 — Notice for Meetings

Every meeting shall be preceded by the following notice:

Seven (7) working days' notice for the Annual General Meeting.

Two (2) working days' notice for monthly meetings of the Executive Committee.

Twenty-four (24) hours' notice for special meeting.

Notice shall be given by posting on the Notice Board of the Association, by SMS/WhatsApp and by circulation to all members through any other modern mode of service. Notice pasted on the Notice Board shall constitute sufficient service on all members.

Article 12 — Quorum

The quorum for all General House meetings shall be Three Hundred (300) Voter members of the Association; for adjourned meetings no quorum shall be required.

The quorum for the Executive Committee meetings shall be two-third (2/3rd) of its total membership; for adjourned meetings no quorum shall be required.

For a resolution to amend this Memorandum of Association or for a no-confidence motion, the quorum shall be two-thirds (2/3rds) of the Voter Members of the Association on the Roll.

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

PART – V: EXECUTIVE COMMITTEE

Article 13 — Composition of the Executive Committee

There shall be an Executive Committee of the Association consisting of the following:

(i) President — 1

(ii) Vice President — 1

(iii) General Secretary — 1

(iv) Joint Secretary — 1

(v) Additional Secretary — 1 (reserved for female lawyers)

(vi) Finance Secretary — 1

(vii) Library Secretary — 1

(viii) Auditor— 1

(ix) Members of Executive Committee — 9

Explanation: (i) Office bearers from (i) to (ix) above shall also be voting members of the Executive Committee.

Explanation: (ii) The outgoing President, and the outgoing General Secretary shall be ex-officio advisory members of the Executive Committee for one year, without voting rights, and shall not be counted for quorum.

Explanation: (iii) The three (3) nominated Members of the Executive Committee shall be nominated by the President in consultation with the General Secretary from amongst Voter Members having not less than seven (7) years' standing at the Islamabad High Court Bar Association.

Explanation (iv) The total voting strength of the Executive Committee shall be twenty (20)

Article 14 — Powers and Duties of the 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:

To sanction all bills of the Association submitted by the office bearers.

To take disciplinary action under this Memorandum of Association against any member of the Association, through a disciplinary committee comprising three (3) executive members, nominated by the President.

To appoint an External Auditor to check and audit the accounts of the Association.

To do anything that may be expedient, necessary or desirable for the general prestige and welfare of the Association.

To impose special and emergent subscriptions or donations to meet extraordinary expenses.

To frame, amend or rescind Service Rules, Library Rules, Canteen Rules, and other bylaws for the proper conduct of the affairs of the Association.

To prepare the annual budget of the Association within one month of taking office.

To regulate and control the use of all facilities of the Association including the Library, Bar Room, Canteen, and Chambers.

To make policies for the achievement of the aims and objects of the Association.

All decisions of the Executive Committee shall be in writing, duly signed and recorded.

PART – VI: POWERS AND DUTIES OF OFFICE BEARERS

Article 15 — Powers and Duties of the President and Vice President

(A) The President

The President shall be the Chief Executive of the Association. He shall be responsible for ensuring due compliance with the Memorandum of Association and shall in particular:

Convene and preside over all meetings of the General House and the Executive Committee.

Exercise a casting vote in case of equality of votes.

Act upon complaints received from members regarding misbehavior of any functionary of the subordinate judiciary by taking up the matter with the concerned authority amicably, and if not settled, by placing it before the General House.

Refer complaints received against any member of the Association involving allegations of misconduct or misbehavior to a three (3) member Fact-Finding Committee, and if the Fact-Finding Committee so recommends, to a three (3) member disciplinary committee of the Executive Committee.

Place before the General House, in a special meeting convened for the purpose, an appeal filed by a member or a complaint for considering whether any person complained against is or is not a tout, in compliance with Section 59 of the L.P. and Bar Councils Act, 1973.

Maintain the dignity and prestige of the profession and the Association.

Sanction and incur expenditure up to Rs. 1,500,000/- from the funds of the Association. Expenditure exceeding Rs. 1,500,000/- shall require the prior approval of the Executive Committee.

Convene a special meeting of the Executive Committee or of the General House on a requisition signed by the requisite number of members.

Operate the bank account jointly with the General Secretary or Finance Secretary, and if required, with any office bearer duly authorized by a resolution of the Executive Committee.

Exercise control over the employees of the Association by virtue of the Islamabad High Court Bar Association Employees Service Rules, 2025 as amended up to date.

Exercise disciplinary control over the clerks/munshis of the members of the Association, satisfy himself of their qualification and conduct, and cause identity cards to be issued to them in terms of Clerks/Munshi of legal Practitioner Rules 2026, as amended up to date.

Constitute such sub-committees from amongst members as he may deem necessary for the performance of the functions of the Association.

Constitute the Election Board as per Article 24 and appoint the Returning Officer as per Article 25.

The President shall be the final authority in all matters arising under these Rules, and his/her decision shall be final and binding, subject to the Memorandum of Association of the Islamabad High Court Bar Association and all applicable laws, for the time being enforced.

(B) The Vice President

In the absence of the President, the Vice President shall perform all functions of the President.

In the absence of both, the members of the Executive Committee present at the meeting shall elect one of them to preside over that meeting, who fulfills the eligibility of the President or the eligibility of Vice President.

Article 16 — Powers and Duties of the General Secretary

The General Secretary shall be the general executive of the Association and shall, in particular:

Arrange and conduct all meetings of the Association.

Conduct and sign all correspondence of the Association.

Generally, control and manage the establishment; administer censure to servants; and maintain vigilance over their attendance, conduct and efficiency as procedure provided in Islamabad High Court Bar Association Employees Service Rules, 2025 as amended up to date.

Oversee the upkeep of the Library, Bar Room, furniture, Canteen and other equipment.

Maintain all records, registers and files of the Association.

Represent the Association at external functions or authorize other members for the purpose with the approval of the President.

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

Sanction and incur expenditure from the funds of the Association to the extent of Rs. 500,000/- to be subsequently ratified by the Executive Committee; this power shall not be exercised more than five times between consecutive Executive Committee meetings.

Pay salaries to staff, monthly utility bills, and bills for newspapers and law report subscriptions.

Operate the bank accounts of the Association jointly with the President.

Maintain an up-to-date record of munshis, clerks and peons of members.

Maintain and conspicuously exhibit in the Bar Hall a list of:

Touts and disrepute persons as declared by courts, the Executive Committee or any competent authority.

Defaulters in payment of dues for more than three months.

Persons debarred from using the library.

Record minutes of all meetings, duly signed by the President of the meeting, and maintain the minutes on record.

Act as custodian of all furniture, books, stationery and other property of the Association (other than money and securities).

Maintain the following registers and books of accounts in the prescribed form:

Minutes Book of the proceedings of the Executive Committee and all Sub-Committees.

Minutes Book of proceedings of General House meetings.

Letter Book containing copies of all letters issued.

Letter Book containing a note of all letters received.

Subscription Book.

Pass all bills jointly with the President and submit a statement of income and expenditure to the Executive Committee.

Ensure that the books and property of the Association are properly kept and maintained; report to the Executive Committee on books and other necessities required; and, when sanctioned, or in urgent cases with the approval of the President, order for the same.

Take necessary action upon all suggestions and complaints recorded by members in the prescribed books.

Article 17 — Additional Secretary (Female)

The additional Secretary shall act in aid of the General Secretary for the betterment of the Association.

In the absence of the General Secretary, the Additional Secretary and the Joint Secretary shall act as General Secretary and perform all his functions and duties.

The Additional shall be responsible for all matters relating to female lawyers. In case of a complaint against a female member of the Association, she shall be a member of the disciplinary inquiry committee of the Executive Committee.

Perform any other duties assigned by the President from time to time.

Article 18 — Joint Secretary

The Joint Secretary shall act in aid of the General Secretary for the betterment of the Association.

In the absence of the General Secretary, the Joint Secretary along with the Additional Secretary shall act as General Secretary and perform all his functions and duties.

Article 19 — Finance Secretary

The Finance Secretary shall act in aid of the President and General Secretary and shall in particular:

Have custody of all moneys and securities of the Association, jointly with the Assistant Accounts Officer/Admin Officer of the Association. All sums due to the Association shall be recoverable by the Finance Secretary.

Issue receipts for all payments and maintain the following books jointly with the Assistant Accounts Officer/Admin Officer of the Association:

Subscription Book.

Cash Book of Income and Expenditure.

General Ledger.

Payment Advance Account.

Counterfoil Receipt Book.

Shall cause to deposit all receipts of whatsoever description forthwith into the designated bank account jointly with the Assistant Accounts Officer/Admin Officer of the Association; all payments except petty expenditure shall be made by cheque.

Obtain and place on record receipts signed by payees for all payments made.

Place a report of all expenditure before the President and Executive Committee monthly.

Ensure that a monthly account statement showing amounts due from members is prepared and displayed on the Notice Board.

Submit annually, in the month of January, a report on the finances of the Association for the year, duly audited, before the Executive Committee.

Coordinate with the external auditor for preparation of audited accounts of the Association.

Article 20 — Library Secretary

The Library Secretary shall manage the library in accordance with the Library Rules framed by the Executive Committee, maintain accounts of books and law journals, and be responsible for all affairs of the library.

The Library Secretary shall prepare and display on the Library Notice Board a list of members who have defaulted in returning books.

The Library Secretary shall maintain the following registers and books:

A register of all books in the library showing the value of each book, amounts written off, additions, losses and disposals. This register shall be placed before the Executive Committee at least once in six months.

A similar register for furniture and other property of the Association relating to the library.

A printed catalogue of books showing their classification and arrangement. Correction slips showing additions and removals shall be supplied to members on request.

A register of books issued from and returned to the library.

PART – VII: NO CONFIDENCE MOTION

Article 21 — No Confidence Motion

A no-confidence motion against any office bearer or member of the Executive Committee shall be signed by not less than one-third (1/3rd) of the Regular Members. It shall be addressed to the President; if it is against the President, it shall be addressed to the General Secretary and vice versa.

A notice of not less than seven (7) days shall be given to the person concerned and the motion shall be placed before the General House within fourteen (14) days of the receipt of the motion.

The office bearer against whom a no confidence motion is moved, shall not preside over such meeting.

An office bearer or member of the Executive Committee may be removed from office by a successful no-confidence motion carried in the General House by a two-thirds (2/3rd) majority. The quorum for such a meeting shall not be less than two-thirds (2/3rds) of the Voter Members of the Association on the Roll.

If the no-confidence motion is carried, the vacant post shall be filled as per Article 30.

If a no-confidence motion fails, no such motion shall be competent for a period of six (6) months from the tabling of the earlier motion.

No no-confidence motion shall be moved once the Election Schedule has been announced.

PART – VIII: ELECTIONS

Article 22 — Annual General Elections

The election of office bearers and members of the Executive Committee shall be held up in the last week of February of each year. Elections shall be conducted under the supervision of the Election Board constituted under this Memorandum of Association.

The President shall notify the Election Schedule in the first week of January, specifying the dates for filing of nominations, scrutiny, withdrawals, polling, and announcement of results.

Elections shall be by secret ballot. The majority decision shall invariably prevail.

Voting by proxy shall not be permissible.

Article 23 — Eligibility to Contest Elections

To be eligible for any office of the Association, a candidate must:

Be a Voter Member in good standing, not in default of any dues.

Have the following minimum standing as a member of this Association consecutively for minimum five (5) years and his/her total length of practice as an advocate of the High Court shall be as follows:

(i) President: 15 years.

(ii) Vice President: 12 years.

(iii) General Secretary: 10 years.

(iv) Finance Secretary: 5 years.

(v) Additional Secretary: 7 years.

(vi) Joint Secretary: 5Years

(vii) Library Secretary: 5 years.

(viii) Auditor: 5 years

(ix) Member of Executive Committee: 7 years.

Have paid all dues up to the month of filing his nomination papers.

Not be contesting for more than one office in the same election.

Article 24 — Election Board

There shall be an Election Board consisting of one Chairman and four (4) Members, to be constituted by the President.

The President of the Association shall nominate the Chairman of the Election Board.

The President shall nominate the two (2) Members of the Election Board, who would be the ex-Presidents of the last two (2) years of the Association.

No person shall be appointed to the Election Board who:

- (a) is a candidate in the election;

- (b) is a proposer, seconder, or polling agent of a candidate;

- (c) is a spouse, parent, child, sibling, or law partner of a candidate; or

- (d) has publicly declared support for a candidate in a manner likely to compromise neutrality.

The Chairman shall be a senior Voter Member having not less than fifteen (15) years’ standing.

The General Secretary shall provide the Election Board with the relevant records, voters list, and all necessary documents duly approved by the Islamabad Bar Council.

The General Secretary shall assist the Board throughout the election process. If the General Secretary is contesting for any office, the Executive Committee shall nominate another person for this purpose.

The Election Board shall have authority to take any action necessary to ensure the conduct of free, fair and impartial elections.

The President shall announce and issue the Election Schedule.

Article 25 — Returning Officer

The Election Board shall appoint a Returning Officer, who shall be a Voter Member having not less than ten (15) years’ standing and who is not a candidate, proposer, seconder, or campaign office-holder of any candidate.

The Returning Officer shall receive nomination papers from candidates or their agents on the date fixed by the President, from 9:00 A.M. to 1:00 P.M.

The Returning Officer shall prepare a list of candidates and display it on the Notice Board by 4:00 P.M. on the same day.

On the day of scrutiny, the Returning Officer along with Chairman Election Board shall examine the nomination papers in the presence of the candidate or his authorized agent. The Returning Officer may reject nomination papers on any of the following grounds:

The nomination form does not bear the correct name of the proposer and seconder.

The candidate is disqualified to contest the election or is a defaulter.

The candidate's proposer or seconder is disqualified or is a defaulter.

The nomination form was not filed within the prescribed time.

Any other reason deemed to be fit.

Article 26 — Powers of the Election Board

The Chairman shall preside over all meetings and proceedings of the Election Board.

The Election Board shall hear appeals against orders of the Returning Officer rejecting or accepting nomination papers. The decision of the Election Board shall be by majority and shall be final.

The Election Board shall hold hearings from 9:00 A.M. to 1:00 P.M. on the date fixed in the Election Schedule. Decisions shall be reduced to writing and announced on the same day.

A copy of the decision shall be provided to the candidate, free of cost, on the same day or, where not practicable, not later than the next working day.

The Election Board shall prepare the scheme for elections and shall nominate requisite Presiding Officers and Election Officers. The Election Board shall display a list of names of such Presiding Officers and Election Officers forty-eight (48) hours before the Election date.

Article 27 — Polling

Polling shall be held from 8:30 A.M. to 5:00 P.M. with a break from 1:00 P.M. to 2:00 P.M. A voter who enters the polling area before 5:00 P.M. shall be allowed to cast his vote.

No ballot paper shall be issued to any voter unless he proves his identity through a Computerized Identity Card issued by the Islamabad Bar Council, along with his/her original CNIC issued by NADRA.

Voters shall be provided a private place where they can secretly mark their ballot papers.

No canvassing shall be allowed in or around the polling area.

Ballot boxes shall be sealed before the commencement of polling in the presence of the candidates or their nominated election agents.

After the close of polling, ballot boxes shall be de-sealed in the presence of the candidates or their nominated election agents, followed by counting.

After counting, the Chairman Election Board shall prepare and announce the result. Results shall be placed on the Notice Board.

After announcement of results, all ballot papers and election materials shall be sealed and kept in safe custody by the Election Board until the disposal of any appeals. Thereafter the record shall be handed over to the admin office of the Association for safe custody for one year, or until conclusion of all litigation, whichever is later.

Article 28 — Code of Conduct for Elections

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

No candidate or his supporter shall use banners, posters, stickers, or any other printed material except visiting cards for canvassing.

No candidate shall provide any meal, lunch, dinner to voters in connection with the election campaign.

No candidate shall arrange transport or conveyance for voters during the election campaign.

No candidate shall clear the dues of any voter during the election campaign.

Any complaint of violation shall be made in writing before the Election Board, supported by such material as is available.

The Election Board shall issue notice, afford opportunity of reply, and decide the complaint by a reasoned order.

Violation of the Code of Conduct shall be deemed to be a disqualification for contesting the election, and the Election Board shall have full authority to enforce this code.

Article 29 — Vacancy of Office

An office bearer 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 a successful no-confidence motion. In such cases:

If the remaining term exceeds six (6) months, an election shall be held within thirty (30) days to fill such vacancy for the remaining term of office.

If the remaining term of office is six (6) months or less, a new office bearer shall be nominated by the Executive Committee for the remaining period.

Where any elected Office Bearer of the Association is elevated as a Judge of any Court, or is appointed as the Chairman, Member, or to any Constitutional, Statutory, Judicial, Quasi-Judicial, Regulatory or Public Office, thereby becoming unable, disqualified or ineligible to continue discharging the functions of his elected office, such office shall be deemed to have fallen vacant with effect from the date of such elevation or appointment.

If an existing elected Member of the Executive Committee is chosen to perform the functions of the vacant office for the unexpired term, the seat vacated by such member shall itself be treated as a vacancy and shall be filled in the same manner.

The person so elected shall exercise all powers, perform all duties and enjoy all privileges attached to that office until expiry of the original term.

The decision of the Executive Committee taken under this Article shall be final and binding.

PART – IX: AUDITOR

Article 30 — The Auditor

There shall be an Auditor of the Association, elected through the annual election, who shall have not less than five (5) years’ standing as a member of the Association.

The Auditor shall conduct and facilitate the external auditor for the preparation of annual audited accounts of the Association under the direction of the President.

PART – X: FINANCE, PROPERTY AND ACCOUNTS

Article 31 — Financial Management

The financial affairs of the Association shall be conducted in accordance with this Memorandum of Association, the Rules framed thereunder, the approved Annual Budget and the principles of transparency, accountability and financial prudence.

The Executive Committee shall be responsible for the proper administration, management and control of the finances, assets and property of the Association.

No expenditure shall be incurred except in accordance with the approved Budget or with the prior approval of the competent authority, namely:

(a) the President, within the limit specified in Article 15;

(b) the Executive Committee, within the limit specified in Article 15 and the Financial Regulations; or

(c) the General House, where such approval is required by this Memorandum of Association.

Article 32 — General Fund of the Association

There shall be a General Fund of the Association into which shall be credited—

admission fees, membership subscriptions and annual renewals;

grants and financial assistance;

donations, gifts and endowments lawfully accepted by the Association;

rental income and licence fees;

profits and income derived from investments and property;

proceeds from seminars, conferences, publications and other lawful activities;

fines, penalties and other recoveries; and

all other monies received by or on behalf of the Association.

The General Fund shall be utilized exclusively for achieving the objects of the Association and meeting its lawful administrative, developmental and operational expenditures.

Article 33 — Custody and Operation of Funds

All monies belonging to the Association shall be deposited in scheduled banks approved by the President with the consultation of the General Secretary. In case of any dispute the matter shall be decided by the Executive Committee.

The Association may maintain one or more bank accounts as may be necessary for its operations subject to the provisions of Article 15.

Every General bank account shall be operated jointly by the President and the General Secretary, or such office-bearers or officers as may be authorized by the Executive Committee.

The Executive Committee may prescribe financial powers, expenditure limits and signing authorities through resolutions.

Article 34 — Annual Budget

The Finance Secretary with the assistance of the Admin Office shall prepare the Annual Budget for every financial year and submit it to the Executive Committee during the month of November. The Executive Committee shall approve the same before the last week of December every year.

Supplementary or revised budgets may be approved by the Executive Committee whenever necessary.

Article 35 — Accounts and Financial Records

The Association shall maintain complete, accurate and up-to-date books of accounts (including digital accounts) in accordance with generally accepted accounting principles and applicable laws.

Proper books shall include records of—

receipts and payments;

assets and liabilities;

income and expenditure;

investments;

contracts and procurements;

inventories and fixed assets;

movable and immovable properties; and

such other records as may be prescribed.

All financial records shall be preserved in physical and/or electronic form for the period prescribed by law or the Rules.

Article 36 — Audit

The accounts of the Association shall be audited annually by an External Auditor appointed by the Executive Committee under this Memorandum of Association and, where the annual receipts, expenditure, assets, or welfare funds exceed the threshold prescribed by Financial Regulations, by a government approved auditor or an audit firm appointed by the President upon approval by the Executive Committee.

The External Auditor shall have unrestricted access to all books, records, vouchers, contracts, bank statements and financial documents of the Association.

The audit report shall be presented to the Executive Committee and thereafter to the General Body at its Annual General Meeting.

The Executive Committee shall ensure timely compliance with the audit observations.

Article 37 — Investments

The Executive Committee may invest surplus funds of the Association in secure investment instruments permitted under applicable law.

Investments shall be made with due regard to safety, liquidity, reasonable return and preservation of capital/investments.

The Executive Committee may approve Shariah-compliant or conventional investment instruments as permissible under law.

Article 38 — Property of the Association

All movable and immovable property acquired by or vested in the Association shall remain the property of the Association and shall be described in a register as per Article 35(g).

The Executive Committee shall ensure proper management, maintenance, protection and development of the Association's assets.

No immovable property of the Association shall be sold, transferred, mortgaged, leased for a period exceeding that prescribed by the Rules, or otherwise alienated except with the approval of the General Body by special resolution.

Article 39 — Reserve and Special Funds

The Executive Committee may establish Reserve Fund, Development Fund, Library Fund, Lawyers’ Welfare Fund, Endowment Fund, Building Fund, Litigation Fund or any other Special Funds necessary for carrying out the objects of the Association.

The purpose, administration and utilization of every Special Fund shall be regulated by Rules or Regulations framed under this Memorandum of Association.

No monies standing to the credit of a Special Fund shall be diverted to any other purpose except by special resolution of the Executive Committee stating reasons.

Article 40 — Financial Discipline

Every office-bearer, employee or person entrusted with Association funds shall be accountable for their proper custody and lawful utilization.

No person shall misapply, misappropriate or authorize expenditure contrary to this Memorandum of Association or the Rules. For every procurement beyond Rs.500,000/- three (3) quotations shall be required. This limit can be revised from time to time by the Executive Committee.

Any loss caused to the Association by fraud, gross negligence, willful misconduct, criminal breach of trust, or unauthorized expenditure shall be recoverable in accordance with law, without prejudice to disciplinary proceedings.

Article 41 — Employees' Welfare Funds

The Employees' Contributory Provident Fund, Employees' Gratuity Fund, Benevolent Fund and every other welfare fund established for the benefit of employees shall be governed by the provisions of Part XIV of this Memorandum of Association and shall remain separate and distinct from the General Fund of the Association.

Provided that all employees’ welfare funds shall be separately audited, separately banked, separately reported upon, and shall not be commingled with the General Fund.

Article 42 — Financial Regulations

Subject to this Memorandum of Association, the Executive Committee may frame Financial Regulations governing budgeting, accounting, procurement, internal controls, banking arrangements, investments, financial reporting, asset management and all other matters relating to the financial administration of the Association.

PART – XI: MAINTENANCE OF ORDER AND DISCIPLINARY PROCEEDINGS

Article 43 — Maintenance of Order

The Executive Committee may from time to time, by resolution, regulate the manner in which the facilities of the Library, Bar Room, Canteen and generally of IHCBA premises are to be utilized by the members and the public. Every such resolution shall be conspicuously posted and any breach shall be deemed a breach of the Memorandum of Association.

The Executive Committee may make suitable arrangements with the Clerks' and Munshis' Association for obtaining assistance in dealing with any matter relating to agents, servants or employees of members.

No programme, gathering, function, meeting or seminar etc., shall be allowed in the IHCBA premises without prior approval of the Competent Authority. Any violation shall be construed as a violation of this Memorandum of Association and shall entail consequences, including though not limited to appropriate disciplinary action.

Any breach of a resolution validly made under this Article may, depending on gravity, entail warning, temporary suspension of facility usage, fine where authorized by Rules, or disciplinary proceedings in accordance with this Article 44.

Article 44 — Disciplinary Proceedings

1. Any complaint in writing against a member of the Islamabad High Court Bar Association (hereinafter referred to as "the IHCBA") shall be forwarded by the Administration Officer of the IHCBA to the President.

2. The Competent Authority shall constitute a three-member Fact-Finding Committee comprising any three senior members of the IHCBA having not less than ten (10) years of practice at the High Court level.

3. The Fact-Finding Committee shall consist of at least one female member if the complaint is against a female member of the IHCBA.

4. The Fact-Finding Committee shall submit its report to the Competent Authority within fifteen (15) days of the date of its notification.

5. The Competent Authority shall have the discretion to either dismiss the complaint or forward it to a three-member Disciplinary Committee of the Executive Committee of the IHCBA constituted by the Competent Authority.

6. The Disciplinary Committee shall preferably include one female member of the Executive Committee as one of its members. In case of any unavailability of a female member of the Executive Committee or any conflict of interest, the Competent Authority may appoint any female member of the Association to replace such female member of the Disciplinary Committee.

7. The Disciplinary Committee shall serve the accused member with a notice of the nature of the charge(s), copies of the material relied upon, and afford the accused member an opportunity of not less than seven (7) days to submit his/her defence or explanation in writing.

8. The accused member shall be provided an opportunity to cross-examine any witness appearing before the Disciplinary Committee against him/her.

9. The Disciplinary Committee shall decide the inquiry within a period of fifteen (15) days from the date of its Memorandum of Association.

10. The decision of the Disciplinary Committee shall be final and in writing and shall be signed by all three members of the Committee.

11. If the Disciplinary Committee finds that the member against whom any allegations have been raised is guilty of misconduct or a breach of this Memorandum of Association, it may impose any penalty upon such member, including recommendation for action to the concerned Bar Council or removal from membership of the IHCBA.

12. The removal of any such member from the membership of the IHCBA shall carry with it absolute forfeiture of all subscriptions paid to the Association and shall not bar recovery by the Association of any unpaid subscriptions due from such member.

13. Any member whose name has ceased to be borne on the rolls of Advocates of the High Court under the Islamabad Bar Council shall cease to be a member of the IHCBA from the date of such removal.

14. Every notice issued by the Disciplinary Committee shall be sent by WhatsApp or any other modern mode of service to such member or by Registered Post to such member's ordinary place of business or last known address and shall be deemed to have been duly served on the date on which it would have been delivered in the ordinary course of post.

15. Every final order shall be communicated in writing to such member and may be appealable under Article 45.

Explanation:

Misconduct means and includes professional misconduct, financial corruption, violation of the aims and objects of the Association, criminal breach of trust, anti-association activity involving violence or intimidation, or any act against the dignity and lawful interests of the Association, or to the professional character or honour of any member.

PART – XII: APPEALS

Article 45 — Appeals Against Administrative and Disciplinary Decisions

1. An aggrieved person may file an appeal against the final decision of the Disciplinary Committee within (15) days of receiving such final decision.

2. The appeal shall be filed before the Appellate General House of the IHCBA.

3. The appeal shall be in writing, stating the grounds and the relief claimed, and shall be signed by the aggrieved person.

4. Such appeal shall be forwarded to the President so that he may convene a Special Meeting of the General House for the disposal of such appeal within a period of thirty (30) days from the date of receipt of the appeal.

5. All appeals shall be decided by a simple majority of the members present in a Special Meeting of the General House.

6. No person whose appeal has been rejected by the General House and whose name has been removed from the membership of the IHCBA shall be eligible to apply for re-admission as a member before the expiry of two (2) years from the date of removal of his/her name as a member of the IHCBA.

7. Such re-admission application shall be considered and decided by the General House of the IHCBA in the same manner in a Special Meeting and by a simple majority of the members present in a Special Meeting of the General House.

PART – XIII: SPECIAL COMMITTEES

Article 46 — Special Committees

The President with the consent of General Secretary may constitute the following Committees from the members of the Executive Committee, each of which may co-opt any member of the Association:

Human Rights Committee (including Free Legal Aid Committee).

Conference/Functions Committee.

Finance Committee.

Library Committee.

Canteen Committee.

Administration/Staff Committee.

Construction and Development Committee.

Article 47 — Any Other Committees

The President with the consent of the General Secretary may constitute other Committee(s) for any specific purpose deemed necessary by the President.

Every such Committee shall be headed by the President or any member nominated by President. The Committees shall perform the functions assigned to them from time to time by the President.

PART – XIV: SECRETARIAT, EMPLOYEES, WELFARE FUNDS AND CLERKS/MUNSHIS

Article 48 — Secretariat of the Association

There shall be a permanent Secretariat of the Islamabad High Court Bar Association for carrying out the administrative, financial and institutional affairs of the Association.

The Secretariat shall function under the supervision and administrative control of the President through such officers and employees as may be appointed under the IHCBA Employees Rules, 2025/ Memorandum of Association.

The Executive Committee shall ensure that the Secretariat is adequately staffed and equipped for the efficient administration of the Association.

The Secretariat shall maintain proper records, registers, minutes, archives, digital backups, and such institutional documentation as may be prescribed.

Article 49 — Employees of the Association

The Association may appoint Administrative Officer, officers, officials and employees as may be necessary for carrying out its functions as described under the IHCBA Employees’ Service Rules, 2025 as amended up to date.

The Executive Committee shall have the authority to create, abolish or redesignate posts, determine the organizational structure, prescribe qualifications, approve pay scales and regulate the service conditions of employees, subject to the approval of IBC.

Recruitment, appointment, probation, confirmation, promotion, transfer, retirement, resignation, leave, discipline, suspension, removal, dismissal, compensation and all other service matters shall be governed by the IHCBA Employees' Service Rules, 2025.

Every employee shall discharge his or her duties honestly, efficiently, impartially and in accordance with this Memorandum of Association, the Rules and the lawful directions of the competent authority.

Article 50— IHCBA Employees' Contributory Provident Fund

There shall be established an Islamabad High Court Bar Association Employees’ Contributory Provident Fund for the benefit of eligible employees. The administrative control of the fund shall be managed by three (3) Trustees of the Fund comprising two representatives of the Association and one (1) representative of the Permanent Employees of the IHCBA, who shall all be nominated by the Competent Authority.

The Fund shall constitute a separate statutory fund of the Association and shall be administered in accordance with this Memorandum of Association, the Provident Fund Rules and applicable law.

Separate books of accounts and individual member accounts shall be maintained for the Fund.

All receipts, contributions, investments, profits, withdrawals and payments relating to the Fund shall be separately recorded and accounted for.

The monies of the Fund shall be deposited in scheduled banks and invested in secure investment instruments in accordance with applicable law and the approved investment policy of the Association.

The Trustees of the Fund shall ensure proper custody, accounting, investment, financial management and annual audit of the Fund.

No amount standing to the credit of the Fund shall be appropriated, transferred or utilized for any purpose other than those authorized under this Memorandum of Association and the Provident Fund Rules.

Article 51— IHCBA Employees' Gratuity Fund and Trust

There shall be established an Islamabad High Court Bar Association Employees’ Gratuity Fund for providing retirement and terminal benefits to eligible employees.

The Gratuity Fund shall vest in a Board of Trustees constituted by the Executive Committee and administered through a Trust established for that purpose.

The composition, tenure, powers, duties and responsibilities of the Trustees shall be prescribed by the Trust Deed and the Rules framed thereunder.

The Trustees shall hold and administer the Fund in a fiduciary capacity for the exclusive benefit of eligible employees.

Separate accounts shall be maintained for the Gratuity Fund and all contributions, investments, income and disbursements shall be properly recorded.

The accounts of the Gratuity Fund shall be audited annually by the Auditor appointed by the Association or by such independent auditor as may be approved by the Executive Committee.

The assets of the Gratuity Fund shall remain distinct from the general funds of the Association and shall not be applied or appropriated for any purpose other than payment of gratuity and administration of the Fund in accordance with this Memorandum of Association and the Rules.

The Trustees shall submit annual financial statements and a report on the administration of the Fund to the Executive Committee.

Article 52 — Financial Management of Welfare Funds created for the IHCBA Employees

Every welfare fund established under this Memorandum of Association shall be maintained separately from the General Fund of the Association.

Separate bank accounts shall be maintained for every fund unless otherwise authorized by the Executive Committee for administrative convenience.

Complete books of accounts, registers, investment records and financial statements shall be maintained in accordance with applicable accounting standards.

All receipts and expenditures shall be properly authorized, recorded and supported by documentary evidence.

No expenditure shall be incurred from any welfare fund except for the purposes for which such fund has been established.

The Executive Committee shall ensure annual audit and financial oversight of every welfare fund established under this Memorandum of Association.

Article 53 — Welfare Schemes for the IHCBA Employees

The Executive Committee may establish, administer or discontinue welfare schemes including Provident Fund, Gratuity Fund, Benevolent Fund, Medical Assistance Fund, Insurance Schemes or any other employees’ welfare programme considered necessary for the welfare of the employees.

Article 55 — Registration and Regulation of Clerks/Munshis

Subject to this Memorandum of Association, the Executive Committee may frame, amend or repeal Rules, Regulations, Bye-laws, Codes, Policies relating to the Clerks/Munshis of lawyers.

PART – XV: MISCELLANEOUS PROVISIONS

Article 57 — Confidentiality of Proceedings

All proceedings, records and documents pertaining to the affairs of the Association shall be deemed to be privileged and shall remain confidential. The Executive Committee may, however, decide to disclose any privileged document or proceeding in a case of emergency or as may be required by law.

All communications made to the Executive Committee in inquiries held under this Memorandum of Association shall be deemed to be privileged.

All speeches, remarks and expressions of opinion by members during meetings of the Executive Committee shall be kept strictly confidential.

Article 58 — General Provisions

Every decision of the President, General Secretary or the Executive Committee shall be open to correction for the purpose of rectifying clerical errors or apparent mistakes by them.

Nothing in this Memorandum of Association shall be construed to limit the inherent powers of the Competent Authority to take such decisions as may be necessary and expedient for the general good and welfare of the Association and essential to promote its interests.

Article 59 — Amendment of the Memorandum of Association

1. No amendment, addition or alteration in this Memorandum of Association shall be made except by a two-thirds (2/3rd) majority of the Voter Members in a General House meeting specially convened for the purpose.

2. The quorum for such a meeting shall be Three Hundred (300) of the Voter Members on the Roll.

Every special resolution varying, adding to or cancelling any Article or clause of this Memorandum of Association shall be attached to the Memorandum of Association. All such variations, additions or cancellations shall, unless a specific time is mentioned, take effect forthwith.

Any amendment made pursuant to a binding directive of the Pakistan Bar Council or the Islamabad Bar Council shall be deemed to be incorporated in this Memorandum of Association and shall not require the above majority.

Article 60 — Repeal and Savings

The Constitution of the Islamabad High Court Bar Association approved and enforced in November 2008, and all previous constitutions, rules and resolutions inconsistent with this Memorandum of Association, are hereby repealed. However, all acts done, agreements entered into, expenditures incurred, and decisions taken before the approval of this Memorandum of Association shall be deemed valid and shall stand validated hereunder.

Article 61 — Removal of Difficulties

In case any situation arises to which this Memorandum of Association is silent or does not provide a solution, the Executive Committee shall decide the matter accordingly. In case of any conflict between any provision of this Memorandum of Association and the provisions of the Legal Practitioners and Bar Councils Act, 1973, the Pakistan Legal Practitioners and Bar Councils Rules, 1976, or any directive of the Pakistan Bar Council or the Islamabad Bar Council, the provisions of those laws and directives shall prevail.

APPROVAL AND AUTHENTICATION

This Memorandum of Association was duly read out, considered, passed, and approved by the Constitution Drafting & Review Committee of the Islamabad High Court Bar Association, Islamabad, in its Committee Meeting held on the 23rd day of September, 2026.

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ANNEXURE – “A”