Vidhi Codex

section 17

Payment from the Fund on cessation of practice

The Maharashtra Advocated Welfare Fund Act, 1981
General198130 sections
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Statutory text
  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 in the Schedule : Provided that, where under sub-section (4), for the remaining fraction of years, every year of practice at the Bar is computed as three months of practice, a member shall be entitled to receive an additional amount of two hundred and fifty rupees for each such period of three months so computed.
  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 on production of a succession certificate.
  3. (3) A member of the Fund may opt retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re-admission to the Fund as a new member subject to such conditions as may be prescribed : Provided that, a member suffering from permanent disablement shall be allowed to retire within five years of his admission to the Fund.
  4. (4) For calculating the period of years standing at the Bar referred to in the Schedule for the purpose of payment under this Act every four years of practice at the Bar, if any, before the admission of a member to the Fund shall be computed as one year of practice and for the remaining fraction of years every year of practice shall be computed as three months of practice and the total of such completed years so computed shall be added on to the number of years of practice after such admission.
  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 one thousand rupees per year of practice.
  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) In the case of a member who voluntarily ceases to be in practice (otherwise than on account of his death) within five years of his admission to the Fund, he shall be entitled to get the annual subscription paid by him under sub-section
  8. (5) of section 16 refunded to him on his making an application therefor in such form as may be prescribed.
  9. (8) An application received under sub-section
  10. (6) or
  11. (7) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.

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