Chapter V MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM

Civil198128 sections7 chapters

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16. Membership in the Fund.

Statutory text

(1) Every Advocate practising before any Court, or any Tribunal, any other authority or person legally authorised to take evidence or to adjudicate or decide any disputes in the State and being a member of a Bar Association recognised by the Bar Council under section 14 1[shall apply] to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed: 2[Provided that, every Advocate who is not the existing member of the Fund on the date of commencement of the Amendment Act shall apply for admission as a member of the Fund within a period of six months from the date of commencement of the said Amendment act.]
(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 practiced 3[for a period of ten years or more, be one thousand rupees] ; and
- (ii) in the case of an applicant who, on the date of application has practiced 4[for a period of less than ten years, be five hundred rupees]; 5** * : 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 6[the application fees paid] along with the application shall be refunded to the applicant. 7[(5) Every member of the Fund shall pay rupees ten thousand only as subscription in the following manner, namely:-
- (i) when the standing of the advocate at the time of his admission as a member of the Fund is ten or more years, he shall pay the said amount in lump sum at one time;
- (ii) when the standing of the advocates at the time of his admission as a member of the Fund is less than ten years, he may pay the said amount in one lump sum or in four equal yearly instalments with the condition that after payment of first instalments, the remaining three instalments will fall due on even dates in subsequent three years: Provided that, the existing members of the Fund shall pay the said subscription amount after deduction of the annual subscription paid by them prior to the commencement of the Amendment Act: Provided further that, after the date of commencement of the Amendment Act,-
- (a) the existing members having standing of ten or more years on the said date, shall pay the balance of subscription within one year from such commencement; and
- (b) the existing members having standing of less than ten years on the said date, shall pay the balance of subscription in one lump sum or in four equal instalments with the condition that first instalment shall be paid within one year from such commencement and remaining three instalments will fall due on even dates in subsequent three years.
(6) If any advocate fails to pay the lump sum subscription or the instalments, as the case may be, in the manner laid down in sub-section (5), then such advocate shall be liable to pay the penalty of rupees fifty per month for the period of default from the due date till the date of payment.]
(7) Any member who fails to remit the 8* subscription or 9* 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 months 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.

Chapter V MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM

17. Payment from the Fund on cessation of practice.

Statutory text

(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 : 1* * * 2[(2) (a) A member of the Fund shall be eligible and entitled for the retirement benefits at any time after completion of fifteen years from the date of his admission as a member of the Fund, of the amount as mentioned in the Schedule.
- (b) If any member opts for retirement benefits at any time before the completion of fifteen years from the date of his admission as a member of the Fund, then he shall be entitled only to a refund of the amount which he has paid as subscription with the Trustee Committee together with the interest at the rate of 6 per cent. per annum from the date of payment till the date of his retirement from the Fund.
- (c) Member suffering from permanent disablement resulting in permanent cessation of practice shall be allowed to retire at any time before completion of fifteen years of his membership of the Fund and shall be entitled to receive the amount as mentioned in the Schedule.
(3) In case a member of the Fund dies within a period of fifteen years of his admission to the fund, his nominee or legal heir, as the case may be, shall be entitled to get an amount at the rate mentioned in the Schedule.
(4) After the commencement of the Amendment Act, if the existing members of the Fund does not pay in lump sum or in instalments his dues or balance of his subscription calculated on the basis of revised rate of one time payable subscription in the manner provided in sub-section (5) of section 16 and he fails to pay the penalty under sub-section (6) of section 16, then he shall be deemed to have been retired from the Fund on the date of commencement of the said Amendment Act; and in case of such deemed retirement,-
- (i) such member shall be entitled to; or
- (ii) in case of death of such member, his nominees, heir or family members shall be entitled to, the benefits as provided by the provisions of the Schedule appended to this Act as existing prior to the commencement of the said Amendment Act.] 3* * *
(6) An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed. 4* **
(8) An application received under sub-section (6) 5* * * shall be disposed of by the Trustee Committee after such enquiry as it deems necessary 6[within a period of three months from the date of receipt of said application and the refund, if any, shall be given as early as possible].

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