Payment from the Fund on cessation of practice.-

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.