Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Advocates Welfare Fund Act, 1981.
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall come into force on such date2 as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires- 1[(a) "Advocate" means a person whose name has been enrolled on the roll of Advocates prepared and maintained by the Bar Council of Maharashtra and Goa under section 17 of the Advocates Act and who is a domiciled in the State of Maharashtra and a member of any Bar Association ;]

1. (b) "Advocates Act" means the Advocates Act, 1961 (XXV of 1961);
2. (c) "Advocates Welfare Fund" or "Fund" means the fund constituted and maintained under this Act ; 2[(ca) "Amendment Act" means the Maharashtra Advocates Welfare Fund (Amendment) Act, 2015 (Mah. XLVI of 2015);]
3. (d) "Bar Association" means an association of Advocates attached to any Court or any Tribunal or such other authority or person as is legally authorised to take evidence or to adjudicate or decide any disputes in the State of Maharashtra and recognised by the Bar Council under section 14;
4. (e) "Bar Council" means the Bar Council of Maharashtra 3[and Goa], constituted under section 3 of the Advocates Act ;
5. (f) "cessation of practice" means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his retirement or death ; 4[(g) "dependents" means wife, husband, father, mother, minor children or any married daughter who is divorcee or who is depending on the member of the Fund;] 5[(ga) "existing member of the Fund" means an Advocate who is member of the Fund on the date of commencement of the Amendment Act;
6. (gb) "Fund" means the Advocates Welfare Fund constituted under section 3;]
7. (h) "member of the Fund" means an Advocate admitted to the benefit of the Fund and continuing to be a member thereof under the provisions of this Act ;
   • (i) "prescribed" means prescribed by the Bar Council by regulations made under this Act ;
8. (j) "retirement" means stoppage of practice as an Advocate communicated to and recorded by the Bar Council ; 6[(ja) "retirement from the Fund" means voluntary retirement of any member of the Fund after being member of the Fund for fifteen years from the date of becoming the member of the Fund;]
9. (k) "stamp" or "welfare fund stamp" means the stamp printed and distributed by the Bar Council under section 18 ;
10. (l) "State" means the State of Maharashtra ;
11. (m) "suspension of practice" means voluntary suspension of practice as an Advocate or suspension by the Bar Council for misconduct under Advocates Act ;
12. (n) "Trustee Committee" or "Committee" means the committee established under section 4 ;
13. (o) "Wakalatnama" includes a memorandum of appearance or any other document by whatever name called 7[and includes any authority letter], by which an Advocate is empowered to act, appear or plead before any Court, or any Tribunal or such other authority or person as is referred to in section 14 legally authorised to take evidence or to adjudicate or decide any disputes.