The Maharashtra Advocates Welfare Fund Act, 1981
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Chapter VII MISCELLANEOUS
19. Wakalatnama to bear stamp.
- (1) Every member of the Fund shall affix one welfare fund stamp referred to in sub-section (1) of section 18 on every Wakalatnama filed by him and no Wakalatnama shall be filed before or received by any Court, Tribunal or other authority or person referred to in section 14 unless it is so stamped.
- (2) The value of the stamp shall neither be cost in the case nor be collected in any event from the client.
- (3) Any contravention of the provisions of sub-section (2) by any member shall disentitle him to the benefits of the Fund and the Trustee Committee shall report such instances to the Bar Council for appropriate action.
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20. Cancellation of welfare fund stamp affixed on Wakalatnama.
Every stamp affixed on Wakalatnama under sub-section (1) of section 19 filed before any Court, Tribunal or any other authority or person shall be cancelled in the manner provided in section 42 of the 1Bombay Court-fees Act, 1959 (Bom. XXXVI of 1959).
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21. Exemption from sections 19 and 20 in certain cases.
Nothing contained in sections 19 and 20 shall apply in the cases of-
- (a) the Advocates appointed by the Court or the Tribunal or other authority or person referred to in section 14 in suits or other proceedings to assist the indigent persons in matters before them ;
- (b) the Advocates appearing in legal aid matters for parties to whom legal aid has been rendered by the Bar Council or its Legal Aid Committees or by the Central Government or the State Government;
- (c) the Advocates appointed for the accused by the Courts to help the Court as amicus curiae or the Advocate otherwise appearing as amicus curiae;
- (d) the Advocates appearing on behalf of the Bar Council or any Bar Association.
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22. Appeal against any decisions of Committee.
- (1) An appeal against any decision of the Trustee Committee shall lie to the Bar Council.
- (2) The appeal shall be in the prescribed form and shall be accompanied by-
- (a) the order appealed against; and
- (b) a fee of one hundred rupees which shall not be refunded.
- (3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against.
- (4) The decision of the Bar Council on the appeal shall be final.
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23. Group Life insurance for members and other benefits for Advocates.
- (1) The Trustee Committee may, for the welfare of the members of the Fund,-
- (a) obtain from the Life Insurance Corporation of India policies of Group Insurance for the members of the Fund ;
- (b) provide for medical and educational facilities for the members of the Fund and their dependents ; and
- (c) provide for better library facilities to the recognised and registered Bar Association for the use of the members of the Fund ; and
- (d) provide for such other benefits and amenities as may be prescribed.
- (2) Notwithstanding anything contained in this Act, the Trustee Committee may also at its discretion give financial assistance from the Fund to organise welfare schemes for the indigent, disabled or other Advocates, who may or may not be members of the Fund.
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24. Restriction on alienation, attachment, etc. of interest of member in the Fund.
- (1) Notwithstanding anything contained in any other law for the time being in force, the interest of any member in the Fund, or the right of a member or his nominee or legal heirs to receive any amount from the Fund, shall not be assigned, alienated, or charged and shall not be liable to attachment under any decree or order of any Court, Tribunal or other authority or person.
- (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or legal heirs. Explanation.- For the purposes of this section, "creditor" includes the State, or an official assignee or receiver appointed under the Presidency towns Insolvency Act, 1909 (III of 1909), the Provincial Insolvency Act, 1920 (V 0f 1920), or any other law for the time being in force.
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25. Protection of action taken in good faith.
- (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any regulations made thereunder.
- (2) No suit or other legal proceeding shall lie against the Trustee Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any regulations made thereunder.
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26. Bar of jurisdiction of Civil Courts.
No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the Bar Council.
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27. Power to summon witnesses and take evidence.
The Trustee Committee and the Bar Council shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908) in respect of the following matters, namely :-
- (a) enforcing the attendance of any person for examining him on oath;
- (b) requiring the discovery and production of documents ;
- (c) receiving evidence on affidavit;
- (d) issuing commissions for the examination of witnesses.
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28. Power to make regulations.
The Bar Council may, with the previous approval of the State Government, by notification in the Official Gazette, make regulations for the purpose of carrying into effect the provisions of this Act and for matters which are to be or may be prescribed under the Act.
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