Membership in the Fund

The Maharashtra Advocated Welfare Fund Act, 1981

General198130 sections

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Statutory text

(1) Every Advocate practising before any Court, or any Tribunal, or any other authority or person legally authorised to take evidence or to adjudicate any disputes in the State and being a member of a Bar Association recognised by the Bar Council under section 14 may apply to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed.
(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.
(3) An application fee shall—
- (i) in the case of an applicant who, on the date of application has practised for a period of twelve years or more, be two hundred rupees; and
- (ii) in the case of an applicant who, on the date of application has practised for a period of less than twelve years, be one hundred rupees; and such application fee shall be payable in the course of one year in four equal instalments, in such manner as may be prescribed, the first instalment being payable alongwith the application : Provided that, an applicant belonging to Scheduled Castes or Scheduled Tribes shall pay an application fee equal to the half of the amount of fee specified in clause
- (i) or clause (ii), as the case may be.
(4) In the event of the rejection of any application the first instalment of the admission fees paid along with the application shall be refunded to the applicant.
(5) Every member shall pay an annual subscription to the Fund on or before the 31st December of every year at the following rates, namely :— Where the standing of the Advocate at the Bar on the last 31st December is five years or more, but less than fifteen years. } Fifty rupees. Where the standing of the Advocate at the Bar on the last 31st December is fifteen years or more. } One hundred rupees.
(6) A member shall be entitled to pay the subscription under sub-section
(5) in two equal half yearly instalments at his option, the first instalment being payable on or before the 30th June and the second instalment being payable on or before the 31st December, every year.
(7) Any member who fails to remit the annual subscription or half yearly instalments, as the case may be, on or before due dates mentioned in sub-section
(5) or sub-section
(6) shall after giving him one month’s notice in writing be liable to be removed by the Trustee Committee from the membership of the Fund.
(8) A person removed from the membership of the Fund under sub-section
(7) shall be readmitted to the Fund on payment of the arrears with interest at twelve per cent per annum within six months from the date of removal.
(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.
(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 of the nominees in such manner as to cover the whole of the amount that may be due to him.
(11) A member may at any time cancel nomination by sending a notice in writing to the Trustee Committee, provided that a member shall along with such notice send a fresh nomination.
(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.

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