Advocates Welfare Fund [1985: KAR. ACT 2

Advocates Welfare Fund [1985: KAR. ACT 2 THE KARNATAKA ADVOCATES' WELFARE FUND ACT, 1983

(1) This Act may be c alled the Karnat aka Advocates' W elfare Fund Act, 1983.

1. (2) It shall come int o forc e on such 1[dat e] as the State Government may, by notific ation in the official Gazett e, appoint.

1. Act came into force w.e.f. 01.11.1986 by notification. The text of the notification is at the end of the Act

1. (a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Karnat aka under section 17 of the Advocates' Act, 1961 (Central Act 25 of 1961) and includes a legal practitioner whose rights are saved under section 55 of the said Act and who ordinarily practices in the State of Karnataka;
2. (b) "bar association" means an association of advoc at es rec ognised by the Bar Council under section 13;
3. (c) "Bar Council", means the Bar Council of Karnataka constituted under section 3 of the Advocates' Act, 1961 (Central Act 25 of 1961); 1[(d) "cessation of practice" means removal of the name of an advocate from the roll maint ained by the Bar Council or non-renewal of Pleadership Certific at e on the ground of,-
   • (i) death ; or
   • (ii) permanent disability ; or 2[(iii) volunt ary retirement on att aining an age of seventy five years or

on completion of fifty years of practice whichever is earlier;

] ]

¹ Substituted by Act 21 of 1993 w.e.f. 02.04.1997. Text of notification is at the end of the Act.

² Substituted by Act 28 of 2010 w.e.f.06.08.2010.

1[(1) "Chairman" means the chairman of the Trustee Committe]

¹ Inserted by Act 18 of 2002 w.e.f. 15.04.2005.

1. (e) "dependents" means wife, husband, father, mother and 1[minor] hildren or such of them as are alive; 1. substituted by Act 18 of 2002 w.e.f. 15.04.2005.
2. (f) "Fund" means the Advocates W elfare Fund constituted under section 3; 1985: KAR. ACT 2] Advocates Welfare Fund

1[(ff) interlocut ory application includes all applic ations filed before any

¹ Inserted by Act 15 of 2005 by notification tobe issued.

Court, Tribunal or Authority in respect of any pending or disposed of case or proceeding]

1[(g) "member" means member of the fund;

2[(ga) permanent disability” means disability incurred by an advocate after becoming a member which renders him totally incapable from practicing as an advocate and certified as such by the District Surgeon of the District where the advoc at e is practicing; ] ]

¹ Substituted by Act 21 of 1993 w.e.f. 2.4.1997

² Substituted by Act 28 of 2010 w.e.f.06.08.2010.

1. (h) "prescribed" means prescribed by the Bar Council by rules made under this Act;
   • (i) "retirement" means st oppage of practice as an advoc at e communicated to and recorded by the 1[Bar Council and the trustee committee;]
2. (j) "regist ered clerk" means a person who is registered as a recognized

¹ Substituted by Act 21 of 1993 w.e.f. 02.04.1997 by notification.

clerk or gumast a of an advoc at e or a pleader in c onnection with any rules passed by the High Court of Karnataka under Article 225 of the Constitution of India and section 54 of the State Re-organization Act, 1956 or under section 122 of the Code of Civil Proc edure or any other law.

¹ Substituted by Act 28 of 2010 w.e.f.06.08.2010.

1[(jj) “schedule” means the schedule appended to this Act;]

1. (k) "stamp" means the stamp printed and distributed under section 22;
2. (l) "State" means the State of Karnat aka;
3. (m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct; 1[and includes deemed voluntary suspension of practice referred to in 2[sub- section (4) of section 15 or sub-section (3) of section 23A] ]
4. (n) "trustee committee" means the committee est ablished under section 4;
5. (o) "vakalath" means vakalathnama and includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority.

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

² Substituted by Act 15 of 2005 by notification to be issued.

(1) The State Government shall 2[ and other benefit s t o the advoc at es and their dependents, in the Stat e.]

1. (2) There shall be credit ed t o the Fund,- 1[(a) xxx]
   • (b) any 1[xxx] contribution made by the Bar Council;
   • (c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any bar association, any other association or institution, any advoc at e or any other person;
   • (d) any grant made by the State Government to the Fund;
   • (e) the amounts set apart from the Legal Benefit Fund constituted under section 76A of the Karnataka Court Fees and Suits Valuation Act, 1958 Advocates Welfare Fund [1985: KAR. ACT 2 (Karnataka Act 16 of 1958), for providing social security measures for the legal profession;
   • (f) any sum borrowed under section 10;
   • (g) all sums received from the Life Insurance Corporation of India on the death of an advocate under the group insurance policy;
   • (h) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
     • (i) any interest or dividend or other return on any investment made of any part of the Fund;
   • (j) all sums collected by way of sale of welfare fund stamps under section 22; 2[(k) amounts c ollected under section 15 3[by way of admission fee and any other fee including late fee under section 23A and penalty or contribution if any.] ]
2. (3) The sums specified in sub-section (2), shall be paid t o, or c ollect ed by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained and operated in such manner, as may be prescribed.

¹ Omitted by Act 21 of 1993 w.e.f . 02.04.1997.

² Substituted by Act 21 of 1993 w.e.f . 02.04.1997.

³ Substituted by Act 12 of 2017 w.e.f. 12.06.2017

(1) The Stat e Government may, by notification, est ablish with effect from such date as may be specified therein a c ommittee t o be c alled the Karnat aka Advoc at es' W elfare Fund Trustee Committee.

1. (2) The trustee committee shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and shall, by the said name, sue and be sued.
2. (3) The trust ee committee shall consists of,- 1[(a) The Chairm an of the Bar Council who shall be the chairman of the Trustee Committee, ex-officio;
   • (aa) The Advocate General of Karnataka who shall be a member- Ex- officio.
   • (b) The Secretary, Department of Law, Government of Karnataka

who shall be a Member Ex-officio.]

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

1. (c) two members nominated by the Stat e Government; (d) 1[three] members of the Bar Council nominat ed by it;

¹ Substituted by Act 21 of 1993 w.e.f . 02.04.1997.

1[(e) the Vice-Chairm an of the Bar Council, who shall be the Treasurer

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

of the trust ee committee, ex-officio;] and

1. (f) the Secret ary of the Bar Council, who shall be the Secret ary of the trust ee c ommittee, ex-officio;

1. (4) A member nominat ed by the State Government under clause (c) of sub-section (3), shall hold office for a term of 1[three years] . 1985: KAR. ACT 2] Advocates Welfare Fund
2. (5) A member nominat ed by the Bar Council under clause (d) of sub- section (3), shall hold office for a term of 1[three years] or for the duration of his membership in the Bar Council, whichever is less.

¹ Substituted by Act 28 of 2010 w.e.f. 06.08.2010.

(1) A member nominated under clause (c) or clause (d) of sub- section (3) of section 4, shall be disqualified t o be a member of the trustee committee, if he,-

1. (a) becomes of unsound mind; or
2. (b) is adjudged an insolvent; or
3. (c) is absent without leave of the trustee committee, for more than three consecutive meetings thereof; or

¹ Substituted by Act 21 of 1993 w.e.f . 02.04.1997.

1[(d) has committed breach of trust; or]

1. (e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside by a competent court.

1. (2) The Stat e Government may rem ove any m ember who is or has become disqualified under sub-section (1) from membership of the trustee committee: Provided that no order removing any member shall be passed unless that member and the Bar Council, in the case of a member nominated by it, have been given an opportunity of being heard.

(1) Any member nominated under clause

1. (c) or clause (d) of sub-section (3) of section 4, may resign his office by giving 1[ one month] notice in writing to the St at e Government or the Bar Council, as the case may be, and on such resignation being accepted by the State Government or the Bar Council, shall be deemed to have vacated his office: Provided that the Bar Council shall consult the State Government before acc epting the resignation.

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

1. (2) A casual vacancy in the office of a member referred to in sub-section (1), may be filled as soon as may be, by the Stat e Government or the Bar

Council, as the c ase may be, and a member so nominat ed t o fill such vac ancy shall hold offic e for the unexpired portion of the t erm of office of the member whose plac e he fills.

defect, etc.- No act done or proceeding taken under this Act or the rules made thereunder by the trustee c ommittee shall be invalidat ed merely by reason of,-

1. (a) any vac ancy or defect in the c onstitution of the committee ; or
2. (b) any defect or irregularity in the nomination of any person as a member thereof ; or Advocates Welfare Fund [1985: KAR. ACT 2
3. (c) any defect or irregularity in such act or proceeding not affecting the merits of the case.

The Fund shall vest in , and be held and applied by, trustee committee subject to the provisions and for the purposes of this Act.

(1) The trustee committee shall administer the Fund.

1. (2) In the administration of the Fund, the trustee committee shall, subject to the provisions of this Act and the rules made thereunder,-
   • (a) hold the amounts and assets belonging to the Fund in trust;

1[(b) x x x]

¹ Omitted by Act 21 of 1993 w.e.f . 02.04.1997.

1. (c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payments out of the Fund, conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within 1[three months] from the dat e of rec eipt thereof;
2. (d) record in the minutes book of the trustee committee, its decisions on the applications;

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

1[(e) pay t o the members amounts

2[in accordance with this Act] ]

¹ Substituted by Act 21 of 1993 w.e.f . 02.04.1997.

² Substituted by Act 28 of 2010 w.e.f.06.08.2010.

1. (f) send such periodical and annual reports as may be prescribed, to the Stat e Government and the Bar Council; 1[(g) communicate to the applicants by registered post with acknowledgment due, the decisions of the trustee committee in respect of claims to the benefits of the fund;]
2. (h) do such other acts as are, or may be, required to be done under this Act and the rules made thereunder.

¹ Substituted by Act 21 of 1993 w.e.f . 02.04.1997.

(1) The trust ee c ommittee may, with the prior approval of the Stat e Government and the Bar Council, borrow from time to time any sum required for c arrying out the purposes of this Act.

1. (2) The trust ee committee shall deposit all moneys and rec eipts forming part of the Fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the St at e Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time direct with the prior approval of the Stat e Government.
2. (3) All amounts due and payable under this Act and all expenditure

relating t o the managem ent and administration of the Fund

1[ and all

¹ Inserted by Act 21 of 1993 w.e.f. 02.04.1997

expenditure relating to supply of W elfare Fund stamps] shall be paid out of the Fund.

1985: KAR. ACT 2] Advocates Welfare Fund

1. (4) The accounts of the trustee committee shall be audited annually by a

chart ered accountant appointed by the Bar Council.

1. (5) The accounts of the trustee committee, as certified by the auditor, together with the audit reports thereon, shall be forwarded to the Bar Council by the trustee committee and the Bar Council may issue such directions as it deems fit to the trust ee c ommittee in respect thereof.
2. (6) The trustee committee shall comply with the directions issued by the

Powers and duties of Secretary.- The Secret ary of the trust ee committee shall,-

1. (a) be the chief executive authority of the trustee committee and be responsible for carrying out its decisions;
2. (b) represent the trustee committee in all suits and proceedings for and against it;
3. (c) authenticate by his signature all decisions and instructions of the trust ee committee;
4. (d) operate the bank accounts of the trustee committee jointly with the 1[Chairman]
5. (e) convene meetings of the trust ee c ommittee and prepare its minutes;
6. (f) att end the meetings of the trustee committee with all the necessary records and information;
7. (g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the trust ee committee;
8. (h) inspect and verify periodically the accounts and registers of the Bar Associations regarding stamps;
   • (i) prepare an annual stat ement of business transact ed by the trust ee committee during each financial year; and
9. (j) do such other acts as may be directed by the trustee c ommittee.

¹ Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

¹ Omitted by Act 21 of 1993 w.e.f. 02.04.1997.

1[12. x x x]

Omitted.

(1) All associations of advocates known by any name functioning in any court centre may, before a dat e to be notified by the Bar Council in this behalf, apply to the Bar Council in such form as may be prescribed for recognition and registration. (2) Every application for recognition and registration shall be accompanied by the 1[rules or bye-laws of the association m ade by adopting model by-laws circulated by the Bar Council, and registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960)] , names and addresses of the office bearers of the association and with an uptodate list of the members of the association showing the nam e, address, age, date of enrolment and the ordinary place of practice of each member. Advocates Welfare Fund [1985: KAR. ACT 2 (3) The Bar Council may, after such enquiry as it deems necessary, recognize the bar association and issue a c ertific at e of registration in such form as may be prescribed. (4) The decision of the Bar Council regarding the recognition and registration of the bar association shall be final. (5) Subject to such rules and conditions as may be prescribed by the

1. (2) Every application for recognition and registration shall be accompanied by the

1[rules or bye-laws of the association m ade by adopting model by-laws circulated by the Bar Council, and registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960)] , names and addresses of the office bearers of the association and with an uptodate list of the members of the association showing the nam e, address, age, date of enrolment and the ordinary place of practice of each member.

Advocates Welfare Fund [1985: KAR. ACT 2

1. (3) The Bar Council may, after such enquiry as it deems necessary, recognize the bar association and issue a c ertific at e of registration in such form as may be prescribed.
2. (4) The decision of the Bar Council regarding the recognition and registration of the bar association shall be final.
3. (5) Subject to such rules and conditions as may be prescribed by the

Duties of bar associations.- [(1) Every bar association shall, on or before the 30th April of every year, intimate to the Bar Council a list of its members as on the 31st March of that year.

1. (2) Every bar association shall intimate t o the Bar Council,-
   • (a) any change of the office bearers of the association within fifteen days from such change;
   • (b) any change in the membership including admission or re- admission within thirty days of such change;
   • (c) the death, retirement or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof ; and
   • (d) such other matter as may be required by the Bar Council or the

Membership of the Fund.-

4[and every person holding pleadership certific at e] practicing in the St at e of Karnat aka shall be a member of the Fund and shall file a declaration

5[in such form along with such admission fee as may be prescribed] ,-

6[(i) XXX

1. (ii) XXX] ] Provided that the advoc at es other than those who have already bec ome Members, shall file such declarations as may be prescribed and pay 2[rupees one thousand] within six months from the date of coming into force of the Karnataka Advocates W elfare Fund (Amendment) Act, 1993. 2[Provided further that the Advocates who have already become members, shall pay the balance amount of rupees eight hundred towards admission fee within six months from the date of coming into force of the Karnat aka Advoc ates W elfare Fund (Amendment) Act, 1996.] 6[1A. XXX]

1. (2) Every member shall furnish the particulars of place of practice with such other details as may be prescribed.
2. (3) Every m ember who volunt arily suspends practice or retires shall within fifteen days of such suspension or retirement intimate that fact to the trustee committee and if any member fails to do so without sufficient reason the trustee committee may reduce the amount due to that member in such manner as may be prescribed.] 5[ 3[(4) Every member who has c omplet ed fift een years of practice shall pay a fee of 7[rupees two thousand] to the fund and who has not completed fifteen years of practice shall pay a fee of 7[rupees one thousand] to the fund on or before the thirty first day of December of every 1985: KAR. ACT 2] Advocates Welfare Fund year, next after the year of becoming member, failing which, he shall be deemed t o have volunt arily suspended practice for the purpose of this Act: Provided that a member may pay such fee within six months from the expiry of the due dat e along with a penalty of 7[rupees one hundred] per month, in which case it shall not be construed as deemed voluntary suspension of practice:

Provided further that a member who has completed fifteen years of practice may, in lieu of payment of fee every year, pay in a lumpsum

7[rupees twenty five thousand] .

8[Provided also that a member who has already paid a lumpsum amount of rupees fifteen thousand before the dat e of commencement of the

such commencement or pay a sum of rupees one thousand every year on or before thirty first day of December till the balance is cleared failing which he shall be deemed to have voluntarily suspended practice for the purpose of this Act: Provided also that where a member pays balance of such lumpsum amount within one year from the expiry of the due date along with a penalty of rupees one hundred per month it shall not be construed as deemed volunt ary suspension of practice.]

(5)Notwithstanding anything contained in sub-section (4), a member who is enrolled as an advocate before attaining an age of forty years, fails to pay fees under sub-section (4) after attaining an age of seventy years shall be eligible to claim benefit under sub-section (1) of sub-section 16, so however, arrears of fee due under sub-section (4) shall be deducted in the amount payable under sub-section (1) of sub-section 16.]

1. (6) For every year of deemed suspension under sub-section (4) an amount of 7[ 5[rupees ten thousand] ] per annum shall be deducted from out of the amount payable under sub-section (1) of section 16.] 4[Provided that where a deemed suspension under sub-section (4) is consecutively for a period of five years and more, amount payable under sub-section (1) of section 16 shall not exceed 7[two lakh rupees] .] 8[(7) Notwithstanding anything contained in this Act if a member who,-
   • (a) has c omplet ed fifty years of practice and paid all the arrears to the fund; or
   • (b) having been enrolled as an advocate before completion of an age of forty years has attained an age of seventy five years, fails to pay fees and penalty, if any, under subsection (4) or contribution and late fee under sub-sections (1) and (2) of section 23A he shall be eligible to claim entire amount payable to him under sub-section (1) of section 16 Advocates Welfare Fund [1985: KAR. ACT 2 without deduction of any amount towards arrears of fee and penalty due under sub-section (4) or contribution or late fee due under sub-sections (1) and (2) of section 23A] 1. Section 15 with sub-sections (1) (2) and (3) substituted by Act 21 of 1993 w.e.f. 02.04.1997. notification is at the end of the Act.

² Substituted by Act 6 of 1996 w.e.f 02.04.1997 by notification. Text of the

³ Substituted by Act 15 of 2005 by notification to be issued.

⁴ Inserted by Act 28 of 2010 w.e.f.06.08.2010

⁵ Substituted by Act 28 of 2010 w.e.f.06.08.2010.

⁶ Omitted by Act 28 of 2010 w.e.f.06.08.2010.

⁷ Substituted by Act 12 of 2017 w.e.f.12.06.2017

⁸ Inserted by Act 12 of 2017 w.e.f.12.06.2017

2[(1) W here the c essation of practice,-

1. (i) is due to death of a member, his nominee and if there is no nominee, to his dependents or heirs as the c ase may be; or
2. (ii) is due t o reasons other than deat h, the member, shall be entitled t o receive an amount specified in the schedule, from out of the fund: Provided that the following categories of members sh all be entitled to receive an amount at the rate of 5[ten thousand rupees] for every completed year of practice subject to a maximum of 5[rupees three lakhs] namely:-
3. (i) an advoc at e who bec om es member after att aining an age of forty years except those who have become members prior to the

commenc ement of the Karnat aka Advoc at es’ W elfare Fund

(Amendment ) Act, 2010;

1. (ii) an advocate enrolled after attaining an age of forty years; 5[(iii) an advoc at e who has volunt arily suspended practice for a period exceeding three years for the purpose of any employment, avocation or business or for appointment to an office of Chairperson, Vice- Chairperson or Member of any Commission, Corporation, Committee, Board, Body or other authority, either statutory or non-st atut ory constituted by any Central Government or any State Government.]
2. (iv) an advoc at e enrolled aft er retirement, dismissal or rem oval from service or employment; 1985: KAR. ACT 2] Advocates Welfare Fund
3. (v) an advoc at e who has bec ome member on or aft er the first day of August 2000 and has attained an age of sixty years on the date of becoming member;
4. (vi) an advoc ate who bec omes member on transfer from other

the second day of April, 1997 and has failed to pay balance fee due and has not been re-admitted to the fund after the second day of April, 1997, shall be entitled only to an am ount at the rat e of

5[five thousand rupees] for every completed year of practice but not exceeding an amount of

5[rupees one lakh] and this amount shall be paid to him or to his nominees, and where there are no nominees to his dependants or heirs as the c ase may be on cessation of practice.]

1. (2) In the event of the death of a member, the amount shall be paid t o his nominee or, where there is no nominee, to his legal dependents or heirs 2[in accordance with the law of inheritance applicable to such member] .

1[(3) xxx]

2[(4)While calculating period of completed years of practice for the purpose of payment under this Act,-

1. (i) fraction of three months and more shall be treated as one full year; and
2. (ii) the period of suspension practice as a result of misconduct under section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) shall be excluded. (4A)In case of an advocate enrolled prior to the second day of April 1997 and admitted to the fund after the Second day of April 2002, every four years of practice before admission as a member to the fund shall be

of payment under this Act.]

3[(5) XXX]

1. (6) An application for payment from the Fund shall be preferred to the trustee committee in such form as may be prescribed.

6[Provided that if a member who has opted for payment of fees in a lumpsum, makes an application claiming amount specified in the schedule on account of cessation of practice on the ground of volunt ary retirem ent he should have paid the entire lumpsum amount along with penalty, if any, specified in the second, third and fourth provisos to sub-section (4) of section 15 before making such application or should give a written consent

Advocates Welfare Fund [1985: KAR. ACT 2 for deduction of the lumpsum fee and penalty, if any, due at the time of final settlement of the amount.

(6A) Where applications are received from members under sub-section

1. (6) on account of cessation of practice on the ground of voluntary retirement total number of applications which may be considered for payment under this section during a year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund, need of the applicant and other relevant factors.]
2. (7) An application received under sub-section (6), shall be disposed of by the trustee committee after such enquiry as it deems necessary.

as it deems fit and after giving an opportunity of being heard to the applicant, direct him to refund the amount paid in excess of the amount due

¹ Omitted by Act 21 of 1993 w.e.f. 02.04.1997.

² Substituted by Act 28 of 2010 w.e.f.06.08.2010.

³ Omitted by Act 28 of 2010 w.e.f. 06.08.2010

⁴ Inserted by Act 28 of 2010 w.e.f 06.08.2010.

⁵ Substituted by Act 12 of 2017 w.e.f.12.06.2017

to him, and in case of default it shall be recoverable as an arrear of land revenue] . 6. Inserted by Act 12 of 2017 w.e.f.12.06.2017.

(1) If any member suffering from such serious ailment as may be prescribed undergoes treatment for the prescribed ailment, he may apply to the Trust ee committee in such form along with such documents as may be prescribed for payment from the fund tow ards the amount actually incurred for the treatment: Provided that, the amount payable under this section shall not exceed

payable under section 16, whichever is less.

1. (2) The member should have completed five years of practice as a

member of the fund on the dat e of treatment.

1. (3) The application should be made within three months from the date of initial hospitalization and this may be extended by the trustee committee for a further period of three months on the member showing sufficient cause for delay in making the application. 1985: KAR. ACT 2] Advocates Welfare Fund
2. (4) The benefit under this section shall be available only once in the life time of the member.
3. (5) Total number of applications which may be considered for payment under this section during a financial year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund, need of the applicant and other relevant factors.
4. (6) The trust ee committee may aft er making such enquiry as it deems fit, either grant or reject the application. The applic ation shall be c onsidered strictly according t o the dat e of their filing.
5. (7) The am ount paid under this section shall be deducted at the time of making final payment under section 16.
6. (8) Where an applicant has received amount in respect of his ailment under the Bar Council of India Advoc at e’s W elfare Fund Scheme, the trustee committee shall while granting amount under this section deduct the amount so received under that scheme.
7. (9) If any st at ements or particulars given by the applicant or documents produced in support of his claim are found to be false by the trustee

committee, it shall make a report to the Bar c ouncil and the Bar c ouncil may after holding such enquiry as it deems fit and after giving an opportunity of being heard to the applicant call upon him to refund the entire amount received under this section along with an interest at the rate of twelve perc ent per annum. If the applic ant fails t o comply with the direction of the

Bar council, the entire amount received under this section along with an interest at the rate of twelve percent per annum shall be deducted while making final payment under section 16.]

¹ Inserted by Act 28 of 2010 w.e.f 06.08.2010.

² Substituted by Act 12 of 2017 w.e.f 12.06.2017.

A member who has att ained the

2[age of sixty five years] and has complet ed twenty years of practice as an advoc at e and twelve years as a member of the fund is facing a financial hardship may apply in a prescribed form to the trustee committee seeking part payment from the fund. The Situation leading to such financial hardship shall be such as may be prescribed.

1. (2) If the trustee committee is satisfied with the claim of the applicant it may, with the prior approval of the Bar Council, sanction an amount Advocates Welfare Fund [1985: KAR. ACT 2 equivalent to fifty percent of entitlement of the applicant under section 16 2[or one lakh fifty thousand rupees] whichever is less.
2. (3) The applications shall be c onsidered strictly according t o their dat es of filing.
3. (4) The amount paid under this section shall be deducted at the time of making final payment under section 16.
4. (5) Tot al number of applications which may be considered for payment under this section during a financial year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund and need of the applicant and other relevant factors as may be prescribed.]

¹ Inserted by Act 28 of 2010 w.e.f.06.08.2010.

² Substituted by Act 12 of 2017 w.e.f.12.06.2017.

Fund.- (1) The interest of any member in the Fund, or the right of a member or his nominee or legal heirs to receive any amount from the Fund, shall not be assigned, alienat ed or charged and shall not be liable to att achment under any decree or order of any court, tribunal or other authority.

1. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or heirs. Explanation.- For the purposes of this section, 'creditor' includes the

Group Life Insurance for members and other benefits.- The Bar Council may, for the welfare of the members of the Fund,-

1. (a) obtain from the Life Insurance Corporation of India policies of group insurance for the members of the Fund ;

1[(b) xxx]

¹ Omitted by Act 15 of 2005 by notification to be issued.

1. (c) provide for such other benefits as may be prescribed.

(1) The trust ee c ommittee shall meet at least once in three months or more often if found necessary to transact business under this Act or the rules made thereunder.

1. (2) Three members of the trustee committee shall form the quorum for a meeting of the committee.
2. (3) The Chairman or in his absence, a member elected by the members present shall preside over a meeting of the trustee committee.
3. (4) Any matter coming before a meeting of the trust ee committee shall be decided by a majority of the members present and voting at the meeting and, in the case of an equality of vot es, the Chairman or the member presiding over the meeting shall have a casting vote. 1985: KAR. ACT 2] Advocates Welfare Fund

The non-official members of the trustee committee shall be eligible t o get such travelling allow anc e and daily allow anc e as are admissible to the members of the Bar Council.

(1) An appeal against any decision of the trust ee committee shall lie to the Bar Council. (2) The appeal shall be in the prescribed form and shall be accompanied by,- (a) a c opy of the order appealed against; and 1[(b) a receipt for having paid rupees five hundred in the office of the Bar Council.] (3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against. (4) The decision of the Bar Council on the appeal shall be final. 1. Substituted by Act 12 of 2017 w.e.f.12.06.2017

1. (2) The appeal shall be in the prescribed form and shall be accompanied by,-
   • (a) a c opy of the order appealed against; and 1[(b) a receipt for having paid rupees five hundred in the office of the Bar Council.]
2. (3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against.
3. (4) The decision of the Bar Council on the appeal shall be final.

¹ Substituted by Act 12 of 2017 w.e.f.12.06.2017

Council shall c ause t o be printed W elfare Fund stamps of the value of

1[five rupees or ten rupees]

¹ Substituted by Act 6 of 1996 w.e.f. 02.04.1997 and again substituted by Act 18 of 2002 w.e.f.

with the Bar Council Emblem and its value inscribed thereon. 15.04.2005.

1. (2) The welfare Fund stamps shall be of the size 1"x2" and be sold only to members of the Fund.
2. (3) The cust ody of the w elfare Fund stamps shall be with the Bar Council.
3. (4) The Bar Council shall control the distribution and sale of the welfare Fund stamps through bar associations.
4. (5) The Bar Council and the bar association shall keep proper accounts of the welfare Fund stamps in such form and in such manner as may be prescribed.
5. (6) The bar associations shall purchase the welfare Fund stamps from the Bar Council after paying the value thereof less ten per cent of such value t owards incident al expenses.

2[(1) Every Advoc at e shall affix w elfare

Fund stamps of the value of rupees fifty on every vakalath filed by him in the High court and rupees thirty on every vakalath filed by him in any court, other than High court or in any tribunal or other authority and no vakalat shall be filed before or received by, the High Court or any court, tribunal or other authority unless it is so st amped.]

1[(1A) Every Advoc at e shall affix W elfare Fund st amp of the value of

2[rupees twenty] one every interlocutory application.]

1. (2) Every welfare Fund stamp affixed on vakalaths filed before any court, tribunal or other authority shall be cancelled in the manner provided in the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958). Advocates Welfare Fund [1985: KAR. ACT 2
2. (3) The value of the w elfare Fund stamp shall neither be c osts in the case nor be c ollected in any event from the client.
3. (4) Any contravention of the provisions of sub- section (3) by the member shall disentitle him to the benefits of the Fund and the trustee committee shall report such instances to the Bar Council for appropriate action. 1. Sub-section (1A) inserted by Act 15 of 2005 by notification to be issued.

² Substituted by Act 12 of 2017 w.e.f..12.06.2017.

Advocate shall contribute

5[

2[rupees t en thousand] in every financial year]

to the Fund

3[before thirty first March]

3[( 2) If any designated Senior Advocate fails to pay the contribution under sub-section (1) on or before thirty-first March of every year, such contribution may be paid within six months from that dat e t ogether with a late fee of rupees one hundred per month or part of a month subject to a maximum of rupees five hundred.] ]

4[(3) In the event of non-payment of contribution within the period specified in sub-section (2) such default shall be construed as deemed suspension of practice for the purpose of this Act and the provisions of sub-

sections (5) and (6) of section 15 shall mutatis mutandis apply.]

² Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

³ Substituted by Act 15 of 2005 by notification tobe issued.

⁴ Inserted by Act 15 of 2005 by notification tobe issued.

⁵ Substituted by Act 12 of 2017 w.e.f.12.06.2017.

1. Section 23A with sub-sections (1) and (2) inserted by Act 6 of 1996 w.e.f. 02.04.1997.

(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.

1. (2) No suit or other legal proceedings shall lie against the trustee

committee or the Bar Council for any dam age c aused or likely to be c aused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

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 det ermined by the trust ee c ommittee or the Bar Council.

The trustee committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-- (a) enforcing the attendance of any person or examining him on oath; 1985: KAR. ACT 2] Advocates Welfare Fund (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses. 1[26A.XXX] 1 Omitted by Act 28 of 2010 w.e.f.06.08.2010.

1. (a) enforcing the attendance of any person or examining him on oath; 1985: KAR. ACT 2] Advocates Welfare Fund
2. (b) requiring the discovery and production of documents;
3. (c) receiving evidence on affidavit;
4. (d) issuing commissions for the examination of witnesses. 1[26A.XXX] 1 Omitted by Act 28 of 2010 w.e.f.06.08.2010.

(1) Subject to such rules as may be prescribed by it, the State Government shall constitute a fund called the

Karnat aka Registered Clerks' W elfare Fund for payment of retirement benefits to the regist ered clerks in the Stat e.

1. (2) There shall be credited to the Fund,--
   • (a) any grant that may be made by the State Government; and
   • (b) any donation or contribution made to the Fund by the Bar Council of India, Bar Council, any Bar Association, any association or authority, institution, any advoc at e or any other person.
2. (3) The St at e Government shall c onstitut e a committee for the administration of the Fund.
3. (4) The St at e Government may make rules t o provide for all matters relating to the Fund including its membership and administration and the conditions subject to which payment from the Fund shall be made.

The Bar Council may, with the previous approval of the State Government, by notification in the official Gazet te, make rules for the purposes of carrying into effect the provisions of this Act other than for provisions of section 27.

In the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), after section 76 , the following section shall be insert ed, namely:- "76A. Legal Benefit Fund.- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional court-fee, by notific ation, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal courts, at a rate not exceeding one hundred rupees for each appeal or revision.

1. (2) There shall be constituted a legal benefit fund to which shall be credited the proceeds of the additional court-fee levied and collected under sub-section (1).
2. (3) The fund constituted under sub-section (2), shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.
3. (4) The mode and manner in which legal service to the people may be made more efficient and social security measures for the legal profession may be provided, shall be as prescribed by rules made by Government". Advocates Welfare Fund [1985: KAR. ACT 2 (see sub-section (1) of section 16) 3[ 2[

Completed years of practice Entitlement (1)Not exceeding fifteen years Rupees four lakhs (2) Exceeding fifteen years but not exceeding Thirty five years Rupees six lakhs (3) Above Thirty five years Rupees eight lakhs] ] ] • * * * NOTIFICATIONS I Bangalore, dated 23.9.1986.(No. 1256-S.O. 1737). [No. LAW 49 LGR 85] 1. Omitted by Act 21 of 1993 w.e.f.02.04.1997. 2. Inserted by Act 28 of 2010 w.e.f. 06.08.2010. 3. Substituted by Act 12 of 2017 w.e.f.12.06.2017. S.O.No.1737.- In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Advocates' W elfare Fund Act, 1983, (Karnataka Act 2 of 1985) the Government of Karnataka hereby appoints the 1st day of November, 1986(1-11-1986) as the date on which the Karnataka Advocates' W elfare Fund Act, 1983, (Karnat aka Act 2 of 1985) shall com e into forc e. By Order and in the name of the Governor of Karnataka, Sd/- Under Secret ary to Government, Law Department (Published in Part IV-2c(ii) of the Karnataka Gazatte dated 16.10.1986.) II Bangalore, dated 20th March 1997. [No.I LAW 3 LGR 97] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnat aka Advoc at es' W elfare Fund (Amendment) Act, 1993, (Karnat aka Act 21 of 1993) (hereinafter referred to as the said Act), the Government of Karnataka hereby appoints the 2nd day of April, 1997 to be the day from which all provisions of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (K.S. Sadashivaiah) Under Secret ary to Government, Law Department (Admn. II) 1985: KAR. ACT 2] Advocates Welfare Fund III Bangalore, dated 20th March 1997. [No.II LAW 3 LGR 97] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnat aka Advoc at es' W elfare Fund (Amendment) Act, 1996, (Karnat aka Act 6 of 1996) (hereinafter referred to as the said Act), the Government of Karnataka hereby appoints the 2nd day of April, 1997 to be the date from which all provisions of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (K.S. Sadashivaiah) Under Secret ary to Government, Law Department (Admn. II) IV Bangalore, dated 11th April 2005. [No. LAW 35 LAD 99 (p-111)] In exercise of the powers conferred by Sub-Section (2) of Section 1 of the Karnataka advocates W elfare Fund (Amendment) Act, 2002 (Karnataka Act No.18 of 2002), the Government of Karnataka hereby appoints the 15th April, 2005 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Karnataka, B.S. Eswara Prasad Under Secret ary to Government, Law Department (Admn. II) V No.LAW 134 LCL 2009, Bangalore, Dated:6 TH August, 2010 In exercise of the pow ers c onferred by sub-section (2) of Section 1 of “The Karnataka Advocates’ W elfare Fund (Amendment) Act, 2010” (Karnataka Act No.28 of 2010) the Government of Karnataka hereby appoints the th August 2010 , as the dat e on which all the provisions of the said Act, shall come int o forc e. By order and in the name of Governor of Karnat aka, [S.SIDDALINGESH] Secret ary to Government, Department of Law, Justice & Human Rights ***** Advocates Welfare Fund [1985: KAR. ACT 2 KARNATAKA ACT NO. 12 OF 2017 (First Published in the Karnataka Gazette Extra-ordinary on the 04 th day of March, 2017) THE KARNATAKA ADVOCATES' WELFARE FUND (AMENDMENT) ACT, 2017 (Received the assent of the Governor on the 03 rd day of March, 2017) An Act further t o amend the Karnat aka Advoc at es’ W elfare Fund Act, 1983. Whereas, it is expedient further to amend the Karnataka Advocates’ W elfare Fund Act, 1983 (Karnataka Act 2 of 1985) for the purposes herein after appearing. Be it enacted by the Karnat aka St at e Legislature in the Sixty-eighth year of the Republic of India as follows: 1. Short title and commencement.- (1) This Act may be called the Karnat aka Advoc ates’ W elfare Fund (Amendment) Act, 2017. (2) It shall com e int o force on such dat e as the St at e Government may, by notification appoint. (Section 3,15,16,16A,16B,21,23,23A and schedule are incorporated in the principal Act) 11. Transitory provision.- Notwithstanding anything c ont ained in the principal Act as amended by this Act, the Trustee committee shall not entertain any application under sub-section (6) of section 16 of Principal Act in respect of claims due to cessation of practice on the ground of voluntary retirement for a period of one year from the date of commencement of this Act.