The Andhra Pradesh Advocates' Welfare Fund Act, 1987

Short title, extent and commencement. -

1. (1) This Act may be called the Andhra Pradesh Advocates' Welfare Fund Act, 1987.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions. - In this Act, unless the context otherwise requires,—

1. (a) "advocate" means a person whose name has been entered in the State roll of advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act, 1961 (Central Act 25 of 1961) and who is a member of a Bar Association;
2. (b) "Bar Association" means an association of advocates recognised by the Bar Council under section 13;
3. (c) "Bar Council" means the Bar Council of Andhra Pradesh constituted under section 3 of the Advocates Act, 1961 (Central Act 25 of 1961);
4. (d) "cessation of practice" means removal of the name of an advocate from the State roll as maintained by the Bar Council on account of his retirement or death;
5. (e) "Fund" means the Advocates' Welfare Fund constituted under section 3;
6. (f) "member of the Fund" means an advocate admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act;
7. (g) "prescribed" means prescribed by rules made under this Act;
8. (h) "retirement" means stoppage of practice as an advocate communicated to, and recorded by, the Bar Council;
   • (i) "Stamp" means the Andhra Pradesh Advocates' Welfare Fund Stamp issued by the Secretary under section 12;
9. (j) "State Government" means the Government of Andhra Pradesh;
10. (k) "suspension of practice" means voluntary suspension of practice by an advocate or suspension of an advocate by the Bar Council for misconduct.

Advocates Welfare Fund:

1. (1) The State Government shall, by notification, constitute a Fund to be called "The Andhra Pradesh Advocates' Welfare Fund".
2. (2) There shall be credited to the Fund:
   • (a) all amounts paid by the Bar Council under section 12;
   • (b) any voluntary donation or contribution made to the Fund by the Bar Council, any Bar Association, any other association or institution, any advocate or any other person;
   • (c) any grant made by the State Government to the Fund;
   • (d) any sum borrowed under section 10;
   • (e) all sums collected by way of sale of stamps under section 13;
   • (f) all sums received from the Life Insurance Corporation of India on the death of a member under the Group Insurance Scheme;
   • (g) any profit or dividend received from the investments made out of the Fund;
   • (h) any interest or other income received out of the investment and credits of the Fund.
3. (3) The sums specified in sub-section
4. (2) shall be paid to, or collected by, such agencies at such intervals and in such manner as may be prescribed.

Establishment of Welfare Fund Committee:

1. (1) The State Government may, by notification, establish a Committee to be called "The Andhra Pradesh Advocates' Welfare Fund Committee".
2. (2) The Committee shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.
3. (3) The Committee shall consist of:
   • (a) the Advocate-General of the State, who shall be the Chairman;
   • (b) the Secretary to Government in the Law Department, member;
   • (c) the Chairman of the Bar Council, member;
   • (d) three members to be nominated by the Bar Council from among its members, members;
   • (e) the Trustee Committee member if any appointed under the rules.
4. (4) The Committee shall administer the Fund.
5. (5) The State Government may appoint one of the members of the Committee as the Secretary of the Committee.
6. (6) The State Government shall provide the Committee with such clerical and other staff as may be necessary to enable the Committee to exercise its powers and perform its functions under this Act.

Disqualifications for being a member of the Committee:

1. (1) A person shall be disqualified to be a member of the Committee, if he—
   • (a) is of unsound mind;
   • (b) is an undischarged insolvent;
   • (c) has been convicted by a Court for any offence involving moral turpitude;
   • (d) is in arrears of any dues to the Fund;
   • (e) has been removed from the roll of advocates or is suspended from practice.

Term of office of members of the Committee:

1. (1) The term of office of the members of the Committee, other than the Advocate-General and the Chairman of the Bar Council, shall be for a period of three years from the date of their election.
2. (2) A member of the Committee elected under clause
   • (d) of sub-section
3. (2) of section 4, shall be eligible for re-election.
4. (3) A member of the Committee may resign his office by giving three months notice in writing to the Committee and on such resignation being accepted by the Committee, his office shall become vacant.
5. (4) Any casual vacancy in the office of an elected member of the Committee shall be filled up, as soon as may be, in the same manner as provided in section 4 and the member so elected shall hold office for the residue of the term of his predecessor.

Meetings of the Committee:

1. (1) The Committee shall meet at least once in three months at such time and place as the Chairman may decide.
2. (2) The Committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
3. (3) The Chairman or, if he is unable to attend, a member chosen by the members present from among themselves, shall preside at a meeting of the Committee.
4. (4) All questions at a meeting of the Committee shall be decided by the majority of the members present and voting and, in the case of equality of votes, the Chairman or the person presiding, as the case may be, shall have a second or casting vote.

Travelling and daily allowance to members of Committee: The travelling and daily allowance payable to a member of the Committee for attending the meetings of the Committee or for performing any other duty assigned to him by the Committee shall be such as may be prescribed.

Authentication of orders and other instruments of the Committee: All orders and decisions of the Committee shall be authenticated by the signature of the Secretary or any other member of the Committee authorized by the Committee in this behalf and all other instruments issued by the Committee shall be authenticated by the signature of such officer or member of the Committee as may be authorized by the Committee in this behalf.

Act of Committee not to be invalidated by vacancy etc:

Vesting and application of Fund Vesting and application of Fund:

1. (1) The Fund shall vest in, and be held and applied by, the Committee in accordance with the provisions of this Act.
2. (2) Subject to the provisions of the Act and any rules made thereunder, the Fund shall be applied for the following purposes, namely:—
   • (a) making payment, in the prescribed manner, of the amount to the member of the Fund or his nominee or legal heir, as the case may be, on cessation of practice;
   • (b) payment of medical assistance to the members of the Fund or their dependents, in such manner as may be prescribed;
   • (c) payment of amounts for such other purposes as may be prescribed for the welfare of the members of the Fund.

Powers and functions of the Committee:

1. (1) It shall be the duty of the Committee to administer the Fund.
2. (2) In the administration of the Fund, the Committee shall, subject to the provisions of this Act and the rules made thereunder:—
   • (a) hold the Fund in such bank accounts as may be prescribed;
   • (b) receive applications for admission or re-admission to the Fund, and dispose of such applications within the prescribed time;
   • (c) receive applications from members of the Fund, their nominees or legal heirs, for payment out of the Fund, conduct such enquiry as it deems necessary and dispose of the applications;
   • (d) record in the minutes book of the Committee its decisions on the applications;
   • (e) pay to the members of the Fund, their nominees or legal heirs, the amounts at the rates specified in the Schedule;
   • (f) maintain such books of accounts and other registers as may be prescribed;
   • (g) invest the Fund in such bank or financial institutions as may be prescribed;
   • (h) furnish to the Government such particulars as may, from time to time, be required by them.

Membership of the Fund

1. (1) Every advocate practising in any court in the State and being a member of a Bar Association recognised by the Bar Council may apply to the Secretary of the Committee, in such form and in such manner as may be prescribed, for admission as a member of the Fund.
2. (2) On receipt of an application under sub-section (1), the Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or, for reasons to be recorded in writing, reject the application: Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard.
3. (3) Any person aggrieved by an order of the Committee under sub-section
4. (2) may, within thirty days from the date of the receipt of the order, prefer an appeal to the Bar Council and the decision of the Bar Council on such appeal shall be final.
5. (4) Every advocate admitted to the Fund shall, on payment of an admission fee of rupees fifty to the Fund, be a member of the Fund.

Payment of subscription to the Fund

1. (1) Every member of the Fund shall pay an annual subscription to the Fund on or before the 31st day of March of every year at the following rates, namely:—
   • (a) for the first five years of practice, rupees one hundred;
   • (b) for the next ten years, rupees two hundred;
   • (c) for the remaining years, rupees three hundred.
2. (2) Every member of the Fund shall furnish to the Secretary of the Committee a statement of particulars as required under the rules made in this behalf.
3. (3) Any member who fails to pay the annual subscription under sub-section
4. (1) for a period of two consecutive years shall be liable to be removed from the membership of the Fund:

Welfare Fund Stamp Welfare Fund Stamp:

1. (1) Every member of the Fund shall affix a stamp of a value of rupees five on every Vakalatnama filed by him in any court, tribunal or other authority.
2. (2) Every stamp affixed on a Vakalatnama as required by sub-section
3. (1) shall be cancelled in the manner provided in the rules made under this Act.

Vakalatnama to bear stamp:

1. (1) Every Vakalatnama filed before any court, tribunal or other authority shall have affixed thereon the stamp as provided in Section 14.
2. (2) No Vakalatnama shall be accepted by any court, tribunal or other authority unless it is so stamped as provided in sub-section (1). Provided that where any such Vakalatnama is not so stamped, the court, tribunal or other authority shall direct the member of the Fund to comply with the provisions of Section 14 and such Vakalatnama shall be accepted only after the requisite stamp is affixed.

Payment of amounts to members of the Fund. —

1. (1) A member of the Fund shall, on his retirement or on his ceasing to be a member, be entitled to receive from and out of the Fund the amount as specified in the Schedule.
2. (2) In the event of death of a member, the amount shall be paid to his nominee or, in the absence of any nominee, to his legal heirs.

Restriction on alienation, attachment, etc., of interest of member in the Fund. —

1. (1) The interest of any member in the Fund, or the right of a member or his nominee to receive any amount from the Fund, shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any court.
2. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee.

Group Insurance for members and other benefits

1. (1) The Committee may, for the welfare of the members of the Fund, implement any group insurance scheme or any other welfare scheme as may be prescribed.
2. (2) Subject to the provisions of this Act, the Committee may make payments to a member of the Fund, or his nominee or legal heir in such manner and subject to such conditions as may be prescribed.

Accounts and Audit

1. (1) The Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.
2. (2) The accounts of the Committee shall be audited annually by a Chartered Accountant as defined in the Chartered Accountants Act, 1949, appointed by the Committee on such terms and conditions as may be prescribed.
3. (3) The accounts of the Committee as certified by the auditor together with the audit report thereon shall be forwarded to the Bar Council and the Government.
4. (4) The Committee shall comply with such directions as the Government may, after perusal of the audit report, like to issue.

Powers of Committee to borrow.- The Committee may, with the prior approval of the Bar Council, borrow from time to time such sums as may be required for carrying out the purposes of this Act.

Protection of action taken in good faith.-

1. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
2. (2) No suit or other legal proceeding shall lie against the Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Bar of jurisdiction of Civil Courts: No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Committee or the Secretary.

Power to make rules:

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the manner of election of the members of the Committee;
   • (b) the manner of maintaining accounts by the Committee and the audit of such accounts;
   • (c) the procedure to be followed by the Committee in the discharge of its functions;
   • (d) the forms to be issued for the purpose of this Act and the fees to be collected therefor;
   • (e) the manner in which the Fund may be invested;
   • (f) the forms of application for admission as a member of the Fund and for the payment of the welfare fund;
   • (g) the time within which the application for the payment of the welfare fund shall be made;
   • (h) the registers and other records to be maintained under this Act; and
     • (i) any other matter which is to be, or may be, prescribed under this Act.
3. (3) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State.

Repeal of Ordinance 5 of 1987: The Andhra Pradesh Advocates' Welfare Fund Ordinance, 1987 is hereby repealed.