Membership in the Fund

-1 15. Membership in the Fund.--(1) Every advocate practising in any court in the State and being a member of a Bar Association recognised by the State Bar Council may apply to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed.

(1a) A person enrolled as an advocate after retirement from the service of Central or any State Government or any public or private sector undertakings shall not be admitted as a member of the Fund if such person is eligible for or availed of any kind of retirement benefits from such Government or public or private sector undertakings.

1. (2) On receipt of an application under sub-section(1), 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.
2. (3) An Advocate applying for membership to the Fund shall pay a sum of rupees three hundred towards admission fee along with the application, in such manner as may be prescribed, to the account of the Trustee Committee.
3. (4) In the event of rejection of an application, the admission fee paid along with the application shall be refunded to the applicant.
4. (5) Every member shall pay an annual subscription to the Fund on or before 30th June of every year at the following rates , namely :-
   • (i) Where the standing of the Advocate at the Bar is less than five years two hundred rupees
   • (ii) Where the standing of the advocate at the Bar is five years and more but less than ten years five hundred rupees
   • (iii) Where the standing of the Advocate at the Bar is ten years and more but less than fifteen years one thousand rupees
   • (iv) Where the standing of the advocate at the Bar is fifteen years and more one thousand and five hundred rupees Provided that an advocate designated as Senior Advocate under the Advocates Act,1961 (Central Act 25 of 1961) shall pay an annual subscription at the rate of three thousand rupees. (6)
5. (7) A member who fails to remit the annual subscription for a year on or before the 30th June of that year may, within a period of six months from the said date, remit the amount in arrears together with fine at the rate of five rupees per month or part thereof.
6. (8) Where a member fails to remit the annual subscription together with fine within the period specified in sub-section (7), the Trustee Committee shall issue a notice to such member by registered post in the address as entered in the register of members of the Fund directing him to show cause, if any, why he should not be removed from the membership of the fund for non payment of the subscription. Where the defaulter, within one month from the date of such notice, furnishes sufficient cause to the satisfaction of the Trust Committee for the non payment and also remits the entire arrears of subscription together with fine till the date of payment and notice charge, the Trust Committee may abstain from taking or proceeding with any action against him in respect of such non payment, and in other cases, the Trust Committee shall remove the defaulter from the membership of the Fund. (8A) Notwithstanding anything contained in the foregoing provisions of this section, where, on receipt of a complaint or otherwise, the Trustee Committee is satisfied after such enquiry as they may think fit, that a member has voluntarily suspended practice or ceased to practice without intimation to the Trust committee, or has become disqualified to practice under any law for the time being in force, they may, after giving such member a reasonable opportunity for showing cause against the proposed action and after considering the cause, if any, shown, remove him from the membership of the fund.
7. (9) Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more persons the right to receive the amount which may be due to him from the Fund in the event of his death before the amount has been paid to him.
8. (10) If a member nominates more than one person under sub-section (9) he shall specify in the nomination the amount or share payable to each the nominees in such manner as to cover the whole of the amount that may be due to him.
9. (11) A member may at any time cancel a nomination by sending a notice in writing to the Trustee Committee, provided that a member shall along with such notice send a fresh nomination.
10. (12) Every member who voluntarily 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 reasons the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount due to that member.