Payment from the Fund on cessation of practice

Payment from the Fund on cessation of practice.--

1. (1) A member of the Fund shall, on cessation of practice, be entitled to receive from out of the Fund an amount at the rate specified to the Schedule: Provided that a member removed under sub-section (8) or sub-section (8A) of section 15 or a member who has not continued his membership of the Fund at least for five years shall be entitled, on cessation of practice-
   • (a) after the commencement of Kerala Advocates' welfare Fund (Amendment) Act, 1995, to fifty percentage of the amount at the rate of three thousand and one hundred and twenty five rupees calculated for every completed year of practice; and
   • (b) before the commencement of the said Act, to fifty percentage of the amount at the rate specified in sub-section (1A) calculated for every completed year of practice. (1A) Notwithstanding anything contained in sub-section (1) or in any judgment, decree or order of any court, tribunal or other authority, a member on cessation of his practice on or before the 2nd day of March, 1993 shall be entitled to receive from out of the fund an amount calculated at the rate of one thousand rupees for every completed year of practice for the period upto 5th May, 1989 and at the rate of two thousand rupees for every completed year of practice for the remaining period;
2. (2) In the event of death of a member, the amount shall be paid to his nominee or, where there is no nominee, to his legal heirs. (2A) Notwithstanding anything contained in sub-section (2), in the event of death of a member while in active practice and before attaining the age of fifty-five years, his nominee or where there is no such nominee his legal heirs, as the case may be, shall be entitled to receive from out of the Fund an amount at the rate specified in the Schedule or an amount of two lakh rupees whichever is higher.
3. (3) [Deleted]
4. (4) For calculating the period of completed year of practice for the purpose of payment--
   • (i) under sub-section (1), every two years of practice at the bar, and
   • (ii) under sub-section (1A), every four years of practice at the bar 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: Provided that in computing the period of suspension of practice, either voluntary or otherwise, shall be excluded: Provided further that in the case of a person who resumes practice after being in government service or in any other employment, the period of practice counted for retirement benefit or other service benefits therein, if any, shall not be taken into account. Provided also that in the case of a person who does not apply to become a member of the Fund within six months, from the commencement of the Kerala advocates' welfare Fund (Amendment) Act, 1995 or within six months of his enrolment as advocate, as the case may be, the period of practice, if any, before admission of such person to the Fund shall not be taken into account.
5. (5) In the case of a member who dies within five years of his admission to the Fund, his nominee or legal heir, as the case may be , shall be eligible to get an amount at the rate of three thousand one hundred and twenty five rupees per year of practice , or five thousand rupees whichever is higher (5A) Notwithstanding anything contained in this Act, where an applicant for membership in the Fund dies before he is admitted as a member of the Fund, his nominee or legal heir,as the case may be, shall be eligible to get an amount at the rate one thousand rupees per year of practice for the period commencing from the 5th day of April, 1981 and ending with the 5h day of May, 1989 two thousand rupees per year of practice from the 6th day of May, 1989 till the date preceding the date of commencement of the Kerala Advocates Welfare Fund (Amendment) Act,1993 and thereafter at the rate of three thousand one hundred and twenty-five rupees per year of practice, provided the deceased was otherwise eligible to be admitted as a member of the Fund.
6. (6) An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed.
7. (7) An application received under sub-section (6) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.