Chapter IV Membership in the Fund and payment therefrom

Civil199534 sections5 chapters

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19. Membership of Fund.

Statutory text

(1) Any Advocate who permanently resides in the State of Goa and practices before any Court or any Tribunal, or any other authority or person legally authorized to take evidence or to adjudicate or decide any disputes in the State and is a member of a Bar Association recognized under section 17, may apply in the prescribed form to the Board for admission as a member of the Fund.
(2) Every application shall be accompanied with a sum of Rs. 300/- towards admission fees.
(3) On receipt of an application under sub-section (2), the Board shall make such inquiries as it deems fit and either admit the application to the Fund or for reasons to be recorded in writing, reject the application: Provided that no order rejecting the application shall be passed unless the applicant has been given an opportunity of being heard.
(4) In the event of rejection of an application the admission fee paid alongwith application shall be refunded to the applicant;
(5) The applicant whose application is rejected under sub-section (3), may prefer an appeal to such authority as may be prescribed and the decision of such authority on the appeal shall be final.
(6) The appeal shall be accompanied by the order appealed against.
(7) The appeal shall be filed within thirty days from the date of receipt of order appealed against.
(8) Every member shall pay an annual subscription to the Fund on or before the 30th June of every year at the following rates, namely:– Where the standing of the Advocate at the Bar is Two hundred rupees. 5 years or more but less than 15 years. Where the standing of the Advocate at the Bar is Five hundred rupees. 15 years or more. Where standing of senior Advocate at the Bar One thousand rupees. practising before High Court is 10 years or more.

Chapter IV Membership in the Fund and payment therefrom

20. Member to appoint nominee and to give notice of cessation of practice, etc.

Statutory text

(1) Every member of the Fund shall, at the time of admission to the membership of the Fund, make a nomination appointing a nominee in the prescribed manner.
(2) A member may at any time cancel such nomination by sending a notice in writing to the Board, provided that the member shall, alongwith such notice, send a fresh nomination.
(3) Every member who voluntarily suspends practice or ceases to practice or retires shall, within sixty days of such suspension, cessation or retirement, as the case may be, intimate that fact to the Board.
(2) Payment of retirement benefit from Fund.– (1) A member of the Fund shall, on cessation of practice, be entitled to receive from and out of the Fund an amount at the rate specified in the Schedule.
(3) For calculating the period of completed years of practice for the purpose of payment under this Act, every four years of practice at the Bar, if any, before the admission of a member to the Fund shall be computed as one year of practice and added on to the number of years of practice after such admission: Provided that in computing the period of practice the period of suspension of practice, either voluntary or otherwise, shall be excluded: Provided further that in the case of a person who resumes practice after being in Government Service or in any other employment, the period of practice counted for retirement benefit or other service benefits therein, if any, shall not be taken into account:
(4) In the event of death of a member, the amount shall be paid to his nominee, or, where there is no nominee, to his legal heirs: Provided that the Board may call for a succession certificate if circumstances so demand.
(5) A member of the Fund may opt for retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re-admission to the Fund as a new member subject to such conditions as may be prescribed.
(6) An application for payment from the Fund shall be preferred to the Board in the prescribed form.
(7) An application received under sub-section (5) shall be disposed of by the Board after such inquiry as it deems necessary.

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