Chapter V MEMBERSHIPS AND PAYMENT OUT OF ADVOCATES’ WELFARE FUND

(1) Every advocate practicing, before the commencement of this Act, in any court, tribunal or other authority in the State and being a member of a Bar Association or an Advocates’ Association in the State shall apply, to the Trustee Committee for admission as a Member of the Fund, in such form as may be prescribed. (2) Every person:- (a) admitted as an advocate, on the roll of the State Bar Council, after the commencement of this Act. (b) Practicing in any court, tribunal or other authority in the State and being a member of a Bar Association or an Advocates’ Association in the State shall apply to the Trustee Committee for admission as a member of the Fund in such form as may be prescribed. (3) on receipt of an application under sub-section (1) or sub-section (2), the Trustee 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. (4) Every applicant shall pay an application fee of five hundred rupees along with the application to the account of the Trustee Committee and shall thereafter pay a sum of Rs. 200/- per year toward contribution of his membership. (5) Every advocate, being a member of the Fund, may pay his life subscription of Two thousand five hundred. (6) Any member of the Fund, who fails to pay the annual subscription for any year before the 31st day of March of that year, shall be liable to be removed from the membership in the Fund. (7). A member of the Fund removed from the Membership in the Fund under sub-section (6) may be re-admitted to the Fund, on payment of arrears along with re-admission fee of one hundred rupees, within six months from the date of such removal. (8). Every member of the Fund shall, at the time of admission to the membership in the Fund, make nomination conferring on one or more of his dependants the right to receive, in the event of his death, any amount payable to the member under this Act. (9) If a member of the Fund nominates more than one person under sub-section (8), he shall specify in the nomination, the amount or share payable to each of the nominees. (10) A member of the Fund may, at any time, cancel a nomination by sending a notice in writing to the Trustee Committee. (11) Every member of the Fund, who cancels his nomination under sub-section 10 shall make a fresh nomination along with registration fee of one hundred rupees. (12) Every member of the Fund, whose name has been removed from the State roll under Section 26 A of the Advocates ac 1961 (25 of 1961) or who voluntarily suspend practice, shall within fifteen days of such removal or suspension, intimate such removal or suspension to the Trustee Committee and if any member of the Fund fails to do so without sufficient reason, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act. (13) Every applicant desires to be the member of the fund shall pay a lump sum of Rupees two thousand five hundred as life membership fee

The Trustee Committee on an application made to it by a member of the Fund , and after being satisfied about the genuineness of the claim, may allow ex-gratia grant to such member from the Fund involving major surgical operation or he is suffering from tuberculosis, leprosy, paralysis, cancer, or from such other serious disease or disability; provided that such payment shall not exceed fifty thousand rupees and shall be subject to the availability of money in the Fund. (c) all properties and fund owned or controlled the by the Trustee Committee shall, until the Trustee Committee is reconstituted under sub-section (3) vest in the State Government. (3) On or before the expiration of the period of suppression specified in the notification issued under sub-section (1), the State Government shall reconstitute the Trustee Committee by a fresh appointment of its Chairperson, Members and Secretary of such committee and in such case a person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. (4). The State Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the State Legislature, at the earliest.

The Trustee Committee may, on its own motion or on an application received from any person interested, within ninety days of the passing of any order by it under the provisions of this Act, review such order. If it was passed under any mistake, whether of fact or of law or in ignorance of any material fact. Provided that the Trustee Committee shall not pass any order under this section adversely affecting any person unless such person has been given an opportunity of being heard.

(1) Every advocate who has been a member of the Fund shall, on his cessation of practice, be paid an amount at the rate specified in Schedule-1 Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of five years from the date of his admission as a member of such Fund as a result of any permanent disability, the Trustee Committee may pay to such member an amount at the rate specified in Schedule 1 (2) For calculating the period of completed years of practice for the purpose of payment from the fund 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. (3) Where a member of the Fund dies before receiving the amount payable under sub-Section (1), his nominee or legal heir, as the Case may be, shall be paid the amount payable to the deceased member of the Fund.

(1) The interest of any member in the Fund, or the right of a member of the Fund or his nominee or legal heir to receive any amount from the Fund, shall not assigned, alienated, or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member of the Fund or his nominee or legal heir. Explanation:- for the purposes of this section, creditor includes the State or an official assignee or official receiver appointed under the law relating to insolvency for the time being in force.

The Trustee Committee may, for the welfare of the members of the Fund. (a) Obtain, from the Life Insurance Co-operation of India or any other insurer, policies of Group Insurance on the life of the Members of the Fund. (b) Provide, in such manner as may be prescribed, for medical and educational facilities for the members of the Fund for purchase and their dependants; or (c) Provide monies to the members of the Fund for purchase of books; or (d) Provide monies to construct or maintain common facilities for the members of the Fund. Provided that the Trustee Committee shall spend ten percent of the total annual subscription received under sub-section (5) of Section 16 on the construction or maintenance of common facilities for the member of the Fund practicing in the subordinate courts, or (e) Provide fund for any other purpose which the Trustee Committee may specify ; or (f) Provide for such other benefits as may be prescribed.

(1) An appeal against any decision or order of the Trustee Committee shall lie to the State Bar Council. (2) The appeal shall be in the prescribed form and shall be accompanied by (a) a copy of the decision or order appealed against; (b) a receipt evidencing payment of Rs. 100 to the credit of the account of the State Bar Council. (3) The appeal shall be filed within thirty days from the date of receipt of the decision or order appealed against. (4) The decision of the State Bar Council on such appeal shall be final.