(1) If any party to a case is unable to
appear in person to file a complaint, memorandum of appeal or
statement of defense, submit evidence, recover the claimed amount,
compensation or any other thing in pursuance of judgment or do any
other necessary act pertaining to the case, that party may appoint an
attorney on his or her behalf, setting out the reason for the same.
(2) Notwithstanding anything contained in sub-section (1),
no attorney may be appointed in the following circumstance:
(a) If the case relates to any offence under Schedule-
1 or Schedule-2,
(b) If the accused who is required to make deposition
pursuant to this Act has to appear personally in
the court to make such deposition,
(c) If the accused is required to be on remand
pursuant to this Act or is a person who is
remanded in detention as a consequence of his or
her failure to furnish such bail/bond or guarantee
as demanded to be furnished by him or her,
(d) If the court so thinks necessary on any reasonable
ground and orders the party to a case to appear
personally in the court despite the circumstance
that an attorney is already or may be appointed,
(e) Except where a person who is a foreign national
or whose nationality is not known is in detention
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or has already furnished a bail/bond or guarantee,
if such person fails to furnish a bail/bond or
guarantee of an amount equivalent to the sentence
which can be imposed on him or her upon
judgment in the case in accordance with law,
(f) If there is any penalty, fine, ten percent fee, five
percent fee imposed pursuant to a court order is
due and payable, upon the party being default in
payment of the same,
(g) If the court, showing any reasonable reason to do
so, has passed an order disallowing the party to
appoint an attorney.
(3) If any person appoints an attorney in contravention of
sub-section (2), the court shall void such attorney.
(4) Any person having the following qualification may be
appointed as an attorney:
(a) Being competent to make contract under the law
in force,
(b) Not having been sentenced for forgery, fraud,
corruption or any other criminal offence
involving moral turpitude,
Provided that nothing contained in this
clause shall prevent any party to a case from
appointing any of his or her joint family relatives
as his or her attorney.
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(c) No government claimed amount pursuant to any
decision or fee, court fee, penalty or fine payable
to the court in the execution of judgment being
due and payable.
(5) In appointing an attorney pursuant to sub-section (1), a
power of attorney shall be executed in the form referred to in
Schedule-36, stating the following matters:
(a) Subject matter of the case,
(b) Full name, surname, address including street, and
age of the person to be appointed as attorney, his
or her citizenship number and district of issue of
citizenship certificate,
(c) Matter that the person to be appointed as attorney
does not suffer any disqualification referred to in
sub-section (4),
(d) Matter that any penalty, fine, ten percent fee and
five percent fee imposed pursuant to a court order
is not due and payable,
(e) The act authorized to be done by the attorney.
(6) A power of attorney shall be witnessed by at least two
persons.
(7) A power of attorney shall bear signature or thumb
impression of the party appointing the attorney and the witnesses.
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