section 2
Definitions.- In this Act unless the context otherwise requires,-
Advocates Welfare Fund [1985: KAR. ACT 2- (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;
- (b) "bar association" means an association of advoc at es rec ognised by the Bar Council under section 13;
- (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.
- (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.
- (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.
- (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;]
- (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;]
- (k) "stamp" means the stamp printed and distributed under section 22;
- (l) "State" means the State of Karnat aka;
- (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] ]
- (n) "trustee committee" means the committee est ablished under section 4;
- (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.
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