Updated: Friday September 30, 2016/AlJumaa
Thoul Hijjah 28, 1437/Sukravara
Asvina 08, 1938, at 08:51:32 PM
The Public Defender and Legal Aid Office Ordinance,
2009
ORDINANCE XIII OF 2009
An Ordinance to make provisions for
free legal assistance to the indigent persons
WHEREAS it is necessary to establish
and maintain a public defender and legal aid office to promote justice
throughout Pakistan by providing quality and compassionate legal services,
protecting individual rights, and advocating as a justice partner for effective
defender services and a fair and rational justice system and to ensure equal
protection of law to such persons through free legal assistance, advice and
representation in the Courts or outside, in the manner hereinafter appearing;
It is hereby enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.-(1) This Ordinance may be
called the Public Defender and Legal Aid Office Ordinance, 2009.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “Additional
Chief Public Defender” means the Additional Chief Public Defender appointed
under section 8;
(b) “Advocate”
shall have the same meaning as in the Legal Practitioners and Bar Councils Act,
1973 (XXXV of 1973);
(c) “any
other person” means a person for whom the court directs to be represented;
(d) “Chief
Public Defender” means the Chief Public Defender appointed under section 5;
(e) “Court”
includes all courts and tribunals established under the Constitution or under
any law;
(f) “District
Public Defender” means the District Public Defender appointed under section 10;
(g) “Government” means the Government of Pakistan;
(h) “indigent
person” means a person, including a convict or accused of an offence who cannot
afford to engage an Advocate to represent him in any stage of proceedings or
case in a Court or under investigation before police;
(i) “prescribed”
means prescribed by the rules or the regulations made under this Ordinance;
(j) “Public
Defender” means a Public Defender appointed under section 12;
(k) “regulations”
means the regulations made under this Ordinance;
(l) “rules”
means the rules made under this Ordinance;
(m) “office”
means the Public Defender and Legal Aid Office established under section 3; and
(n) “Ordinance”
means the Public Defender and Legal Aid Ordinance, 2009.
CHAPTER - II
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF
OFFICE
3. Establishment of the office. The Government shall, by notification in the official
gazette, establish and maintain an office to be called the Public Defender and
Legal Aid Office.
4. Constitution of the Office.-(1) The office shall consist of the
Chief Public Defender, the Additional Chief Public Defenders, the District
Public Defenders and the Public Defenders.
(2) The Additional Chief Public
Defenders, the District Public Defenders and the Public Defenders shall perform
their duties under the administrative control of the Chief Public Defender.
(3) The Government may make
appointments under the Ordinance in accordance with the Contract Recruitment
Policy of the Government or as may be prescribed.
(4) The promotion or transfer in the
office shall be made in the manner as may be prescribed.
(5) The Government shall exercise the
general control and supervision over the office.
(6) The Government may direct the Chief
Public Defender, an Additional Chief Public Defender, a District Public
Defender or a Public Defender to represent an indigent person in a Court or
provide him free legal assistance or advice.
(7) Any court may direct the Chief
Public Defender, an Additional Chief Public Defender, a District Public
Defender or a Public Defender to represent any person including indigent person
in Court for whom the court considers, on any ground that such person should be
represented by such officer.
CHAPTER - III
CHIEF PUBLIC DEFENDER AND ADDITIONAL CHIEF PUBLIC
DEFENDERS
5. Chief Public Defender.-(1) The Chief Public Defender, who shall
be the head of the office, shall be appointed by the Government, on such terms
and conditions as may be determined.
(2) The Chief Public Defender shall
hold office for non-renewable term of three years.
(3) The terms and conditions of the
Chief Public Defender shall not be varied during his term in office.
(4) The Chief Public Defender may
resign his office by writing under his hand addressed to the Government and
shall cease to hold office upon acceptance of his resignation.
(5) The Government may, after providing
an opportunity, of being heard, remove the Chief Public Defender during the
term of his office on the grounds and following the procedure provided under
the Governments Servants (Efficiency and Discipline) Rules, 1973.
6. Qualifications of Chief Public
Defender. A person shall not be
appointed as the Chief Public Defender unless he is a citizen of Pakistan, is
not less than forty-five years of age, is of high prominence and his integrity
is beyond doubt and he has, for a period of, or for the periods aggregating,
not less than 15 years, been an Advocate of the Supreme Court or High Court.
7. Functions and powers of Chief Public Defender.-(1) The Chief
Public Defender shall:---
(a)
administer and manage the office under the general supervision and control of
the Government;
(b) allocate
work to the Additional Chief Public Defenders, the District Public Defenders
and the Public Defenders;
(c) keep the
Government informed about the performance of the office;
(d) evaluate
and monitor the performance and conduct of the Additional Chief Public
Defenders, the District Public Defenders and the Public Defenders; and
(e) perform
such other functions as may be assigned to him by the Government.
(2) The Chief Public Defender may,---
(a) represent
an indigent person or any other person before a Court;
(b) give
legal assistance or advice to the indigent person;
(c) refer
cases of an indigent person to an Additional Chief Public Defender, District
Public Defender or a Public Defender; and
(d) refer a
matter to the Government for initiating a disciplinary action against an
Additional Chief Public Defender, a District Public Defender or a Public
Defender on the grounds and following the procedure provided under the
Government Servants (Efficiency and Discipline) Rules, 1973.
(3) The Chief Public Defender may
delegate any of his powers to an Additional Chief Public Defender or a District
Public Defender.
8. Appointment of Additional Chief
Public Defenders.---(1) The
Government may appoint such number of Additional Chief Public Defenders on the
terms and conditions as it may determine.
(2) The Additional Chief Public
Defender shall be a person who has, for a period of ten years, been an Advocate
of the High Court.
9. Functions of Additional Chief Public Defender.---The Additional
Chief Public Defender shall,---
(a) assist
the Chief Public Defender in discharge of his official duties;
(b) give
free legal assistance or advice to indigent person;
(c) represent
an indigent person or any other person before a Court;
(d) submit a
monthly performance report to the Chief Public Defender; and
(e) perform
such other functions as may be assigned to him by the Chief Public Defender.
CHAPTER – IV
DISTRICT PUBLIC DEFENDERS AND PUBLIC DEFENDERS
10. Appointment of District Public Defender.-(1) The Government
may appoint a District Public Defender in a district on such terms and
conditions as it may determine.
(2) The District Public Defender shall
be a person who has, for a period of not less than seven years, been an
Advocate of the High Court.
11. Functions of District Public Defender.-(1) The
District Public Defender shall,---
(a) assist
the Chief Public Defender and Additional Chief Public Defender in discharge of
his official duties;
(b) have
authority to visit the Jails of his District during the office hours with prior
intimation for identification of indigent persons, where there is no Jail in a
district shall have authority to visit the Jails, where the prisoners of that
district are officially kept;
(c) submit a
monthly performance report to the Chief Public Defender, Additional Chief
Public Defender; and
(d) perform
such other functions as may be assigned to him by the Chief Public Defender or
Additional Chief Public Defender.
(2) The District Public Defender may,---
(a)
determine a person as an indigent for entitlement to free legal assistance or
advice within his district; and
(b)
represent an indigent person or any other person before a Court.
12. Appointment of Public Defenders.-(1) The Government may appoint at least one Public
Defender in each Tehsil of a District and such number of Public Defenders as
may be determined keeping in view the work load at the District headquarter or
Tehsil in a district on such terms and conditions as it may determine.
(2) The Public Defender shall be a
person who has, for a period of at least three years, been an Advocate.
13. Functions of Public Defenders. A Public
Defender shall,---
(a) at
Tehsil level,---
(i)
determine a person residing within his jurisdiction as an indigent person for
entitlement to free legal assistance and advice;
(ii) give
free legal assistance or advice to indigent person;
(iii)
represent an indigent person or any other person in a Court;
(iv) submit
a monthly performance report to the District Public Defender; and
(v) perform
such other functions as may be assigned to him by the District Public Defender;
and
(b) at
District level,---
(i) assist
the District Public Defender in discharge of his official duties; and
(ii) perform
such functions as may be assigned to him by District Public Defender.
CHAPTER – V
PROCEDURE, DETERMINATION AND REPRESENTATION
14. Procedure for legal assistance.-(1) An
indigent person who desires to avail free legal assistance or advice may submit
an application to the Government, the Chief Public or Additional Chief Public
Defender or the District Public Defender or the Public Defender at Tehsil and
on receipt of the application such person shall be entitled to free legal
assistance or advice. The Government, the Chief Public Defender or Additional
Chief Public Defender, or the District Public Defender or the Public Defender
at Tehsil, as the case may be, shall arrange for the representation of such
person or provide legal assistance or advice.
(2) In case such person is in jail, the
application shall be submitted through the Superintendent Jail.
(3) Where the person in need of free
legal assistance, is under the age of eighteen years, insane or is otherwise
unable to make an application, any other person interested in the welfare of
such person may submit the application on behalf of such person.
(4) The application under subsection
(1) shall be accompanied by an affidavit to the effect that such person is an
indigent person. No further enquiry shall be made regarding the determination
of indigency.
(5) The provision of subsection (4)
shall not apply to a person who is in jail or in police custody.
(6) Notwithstanding the provisions of
this section, the Government may direct the Chief Public Defender or Additional
Chief Public Defender, or a District Public Defender or a Public Defender at
Tehsil to provide free legal assistance or advice to an indigent person.
(7) Notwithstanding, the above
provisions any court may direct the Chief Public Defender, or Additional Chief
Public Defender, or District Public Defender or Public Defender at Tehsil to
represent any indigent person or any other person in the court at any stage of
case or proceedings starting from the stage of remand of an accused when he is
in police custody till final decision of a criminal case and at any stage of
any other case.
CHAPTER – VI
MISCELLANEOUS
15. Staff.-(1) The Government may create posts in
the office consisting of various categories of employees.
(2) The Chief Public
Defender shall, with the approval of the Government, appoint the sub-ordinate
staff of the office.
(3) The Chief Public Defender shall,
with the approval of the Government, determine the terms and conditions of
service of the sub-ordinate staff.
16. Public Servant. The Chief Public Defender, the
Additional Chief Public Defenders, the District Public Defenders, the Public
Defenders and the sub-ordinate staff of the Service shall be deemed to be
public servants within the meanings of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
17. Submission of Report.---(1) The Chief Public
Defender shall, within the period of three months of closing of the financial
year, submit annual audit and performance report to the Government.
(2) The Government shall, within two
months of receipt of the report submit the same before the National Assembly of
Pakistan.
18. Ordinance not to override other
laws. The provisions of this
Ordinance shall be in addition to and not in derogation of any other law for
the time being in force.
19. Rules. The Government may, by notification,
make rules to carry out the purposes of this Ordinance.
20. Regulations. Subject to the provisions of this Ordinance and the
rules, the Chief Public Defender may make regulations to give effect to the
provisions of this Ordinance.
21. Repeal. The Public Defender and Legal Aid Office Ordinance,
2009 (V of 2009) is hereby repealed.
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