The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999

1. (1) This Act may be called the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999.
2. (2) It shall come into force on such date as the State Government may, by notification, appoint.

In section 15 of the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999 (hereinafter referred to as the principal Act),-

1. (1) in sub-section (3), for the expression "rupees fifty", the expression "rupees one hundred" shall be substituted;
2. (2) in sub-section (4), for the expression "rupees fifty", the expression "rupees one hundred" shall be substituted;
3. (3) in sub-section (5), for the expression "rupees one thousand", the expression "rupees two thousand" shall be substituted.

1. (1) The Government shall, by notification, constitute a fund to be called the Tamil Nadu Advocates' Clerks Welfare Fund.
2. (2) There shall be credited to the Fund,-
   • (a) all amounts collected by way of sale of stamps under section 12 ;
   • (b) any voluntary donation or contribution made to the Fund by the Bar Council, any Bar Association, any other Association or Institution, any Advocate or any other person ;
   • (c) any sum borrowed under section 10 ;
   • (d) all sum received from the Life Insurance Corporation of India, on the death of a member of the Fund under a Group Insurance Policy;
   • (e) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
   • (f) any interest or dividend or other return on any investment made of any part of the Fund; and
   • (g) all sums collected under section 15.

1. (1) The Government may, by notification, establish with effect on and from such date as may be specified therein, a Committee to be called the Tamil Nadu Advocates' Clerks Welfare Fund Committee.
2. (2) The Committee shall be a body corporate having perpetual succession and common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.
3. (3) The Committee shall consist of,-
   • (a) the Chairman of the Bar Council ;
   • (b) the Secretary to Government in-charge of Law;
   • (c) the Secretary to Government in-charge of Home;
   • (d) the Secretary to Government in-charge of Finance;
   • (e) the Registrar of High Court, Madras ;
   • (f) three members to be nominated from among the Advocates' Clerks by such authority and in such manner as may be prescribed of whom one shall be nominated by the Committee as the Treasurer of the Fund;
   • (g) a Secretary to be appointed by the Committee under such regulations as may be prescribed by the Committee in respect of the recruitment and conditions of service of such secretary, shall be paid out of the Fund. Provided that the Secretary appointed under this clause shall not have the right to vote in the meetings of the Committee.
4. (4) The Chairman of Bar Council shall be the ex-officio Chairman of the Committee.
5. (5) The Secretary to Government in-charge of Law, the Secretary to Government in-charge of Home, the Secretary to Government in-charge of Finance and the Registrar of High Court, Madras shall be the ex-officio members of the Committee.
6. (6) In case the Secretary to Government in-charge of Law or the Secretary to Government in-charge of Home or the Secretary to Government in-charge of Finance, is unable to attend the meetings of the Committee for any reason, he may depute any officer of his Department not lower in rank than that of Deputy Secretary to Government to attend the meetings.
7. (7) In case the Registrar of the High Court, Madras is unable to attend the meetings of the committee for any reason, he may depute any officer not below the rank of Deputy Registrar to attend the meetings.
8. (8) A member nominated under clause
   • (f) of sub-section
9. (3) shall hold office for a term of three years or until he ceases to be a member of Advocates' clerks association, whichever is earlier.

1. (1) A member nominated under clause
   • (f) of sub-section
2. (3) of section 4 shall be disqualified to be a member of the Committee, and ceases to be such member, if he,-
   • (a) becomes of unsound mind ; or
   • (b) is adjudged as insolvent ; or
   • (c) is absent without leave of the committee for more than three consecutive meetings of the Committee : Provided that the member ceasing to hold office under this clause may be restored by the Committee, if such member makes an application for the condonation of the absence ; or
   • (d) is a defaulter to the Fund (in case he is a member of the Fund) or has committed breach of trust ; or
   • (e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside.
3. (2) The Government may remove any member who is or has become disqualified under sub-section (1), from the membership of the Committee :

Resignation by nominated member of the committee and filling up of casual vacancies

1. (1) Any member nominated under clause
   • (f) of sub-section
2. (3) of section 4 may resign his office by giving three months notice in writing to the Chairman of the Committee and on such resignation being accepted by the said Chairman, he shall be deemed to have vacated his office.
3. (2) Any casual vacancy in the office of a member referred to in sub-section
4. (1) shall be filled up, as soon as may be, and a member so nominated to such vacancy shall hold office for the residue of the term of his predecessor.

No act done or proceeding taken under this Act or the rules made thereunder by the Committee shall be invalidated merely by reason of,-

1. (a) any vacancy or defect in the constitution of the Committee ; or
2. (b) any defect or irregularity in the election of any person as a member thereof; or
3. (c) any defect or irregularity in such act or proceeding not affecting the merits of the case.

The Fund shall vest in and be held and applied by the Committee subject to the provisions, and for the purposes, of this Act.

1. (1) It shall be the function of the Committee to administer the Fund.
2. (2) In the administration of the Fund, the Committee shall, subject to the provisions of this Act and the rules made thereunder,--
   • (a) hold the amounts and assets belonging to the Fund ;
   • (b) receive applications for admission or re-admission to the Fund, and dispose of such applications within ninety days from the date of receipt thereof;
   • (c) receive applications from the members of the Fund, their nominees or legal representative as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary, for the disposal of such applications, and dispose of the applications within five months from the date of receipt thereof;
   • (d) record in the minutes book of the Committee its decisions on the applications ;
   • (e) pay to the applicants amounts at the rates specified in the Schedule;
   • (f) maintain such accounts and books and send such periodicals and annual reports to the Bar Council, as may be prescribed;
   • (g) communicate to the applicants under certificate of posting the decisions of the Committee in respect of applications for admission or re-admission to the Fund or claims to the benefit of the Fund :
   • (h) do such other acts as are, or may be, required to be done under this Act and the rules made thereunder.

1. (1) The Committee may, with the prior approval of the Bar Council, borrow, from time to time, any sum required for carrying out the purposes of this Act.
2. (2) The Committee shall deposit all moneys and receipts forming part of the Fund in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the Government.
3. (3) All amounts due and payable under this Act and all expenditure relating to the management and administration of the fund shall be paid out of the Fund:
4. (4) The accounts of the Committee shall be audited annually by a Chartered Accountant appointed by the Committee.
5. (5) The accounts, as certified by the auditor together with the audit report thereon, shall be forwarded to the Bar Council by the Committee and the Bar Council may issue such directions as it deems fit to the Committee in respect thereof.
6. (6) The Committee shall comply with the directions issued by the Bar Council under sub-section (5).

The Secretary of the Committee shall,--

1. (a) be the Chief Executive authority of the Committee and responsible for carrying out its decisions;
2. (b) represent the Committee in all suits and proceedings for and against the Committee;
3. (c) authenticate by his signature all decisions and instructions of the Committee;
4. (d) operate the bank accounts of the Committee jointly with the Treasurer ;
5. (e) convene meetings of the Committee and prepare its minutes ;
6. (f) attend the meetings of the Committee with all the necessary records and information;
7. (g) maintain such forms, registers and other records as may be prescribed, from time to time, and do all correspondence relating to the Committee;
8. (h) prepare an annual statement of business transaction by the Committee during each financial year; and

1. (1) There shall be printed or cause to be printed by the Bar Council in such form and in such manner as may be prescribed by rules, stamp inscribed as "the Tamil Nadu Advocates' Clerks Welfare Fund", each of the value of two rupees.
2. (2) Every vakalat or Memorandum of appearance filed before any Court, authority or tribunal shall be affixed with a stamp as specified in subsection
3. (1) in addition to the court fee stamps, if any, and stamp to be affixed under any other Act and no vakalat or Memorandum of appearance shall be valid unless it is so stamped ; Provided that this sub-section shall not apply to any vakalat or Memorandum of appearance filed on behalf of the Central or State Government.
4. (3) The person or authority receiving vakalat with such stamp shall, forthwith effect cancellation of the stamp by punching out the same.
5. (4) The custody of the stamps printed under this section shall be with the Bar Council and, the supply and sale of stamps shall be in such manner as may be prescribed.

(1)

1. (a) All associations of Advocates' Clerks functioning in any court headquarters may, before a date to be notified by the Committee in this behalf,
2. (b) any such association of Advocates' Clerks constituted after the commencement of this Act may, apply to the Committee in such form and in such manner as may be prescribed for recognition and registration as an Advocates' Clerks Association under this Act.

1. (2) Every application for recognition and registration shall be accompanied by the rules or by-laws of the association, names and addresses of the office bearers of the association, and an up to date list of the members of the association with name, address, age and the ordinary place of employment of such member.
2. (3) The Committee may, after such enquiry as it deems necessary recognise the Association as an Advocates' Clerk Association and issue a certificate of recognition and registration in such form as may be prescribed.
3. (4) The decision of the Committee regarding the recognition and registration of an Association shall be final.

1. (1) Every Advocates' Clerks Association shall, on or before the 15th April of every year, intimate to the Committee a list of its members as on the 31st March of that year.
2. (2) Every Advocates' Clerks Association shall intimate to the Committee of,--
   • (a) any change of the office bearers of the Advocates' Clerks Association within fifteen days from such change ;
   • (b) any change in number of members including admission and re-admission within thirty days of such change ;
   • (c) the death or retirement of any of its members within thirty days from the occurrence thereof ; and
   • (d) Such other matter as may be required by the Committee from time to time.

1. (1) Every Advocates' Clerk in the State may apply to the Committee, in such form and in such manner as may be prescribed for admission as a member of the Fund.
2. (2) On receipt of an application under sub-section (1), the 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. (3) Every applicant shall pay an application fee of rupees fifty along with the application to the account of the committee.
4. (4) Every applicant shall pay to the Fund an admission fee of rupees fifty at the time of admission or re-admission.
5. (5) Every person admitted as a member of the Fund shall pay a membership fee of rupees one thousand. It is payable in two equal half yearly instalments.
6. (6) Every member of the Fund shall, at the time of admission make a nomination conferring on one or more dependants the right to receive the amount from the Fund in the event of his death.
7. (7) If more than one person is nominated, the amount or share payable to each nominee shall be specified in the nomination.
8. (8) A member of the Fund may at any time cancel a nomination by sending a notice in writing to the Committee along with a fresh nomination.
9. (9) Where on receipt of a complaint or otherwise, the Committee has reason to believe that any Advocates' Clerk secured admission as a member of the fund by mis-representation, fraud or undue influence, it shall be competent for the Committee to remove the name of such Advocates' Clerk from the membership of the Fund:

Payment from the Fund on cessation of employment

1. (1) A member of the Fund shall, on cessation of employment, be entitled to receive from and out of the Fund an amount at the rate specified in the Schedule.
2. (2) In the event of death of a member, a consolidated amount of rupees fifty thousand be paid to the nominee or, where there is no nominee to his dependants.
3. (3) A member of the Fund may withdraw his membership at any time after five years of his admission as a member of the Fund and on such withdrawal he shall be entitled to receive the amount from and out of the Fund an amount at the rate specified in the Schedule. Such person shall be eligible for readmission to the Fund as a new member subject to such conditions as may be prescribed: Provided that a member suffering from permanent disablement may withdraw his membership within five years of his admission to the Fund.
4. (4) For calculating the period of completed years of employment for the purpose of payment under this Act, every four years of employment under an Advocate if any, before the admission of a member to the Fund shall be computed as one year of employment and added on to the number of years of employment after such admission.
5. (5) An application for payment from the Fund shall be made to the Committee in such form as may be prescribed.
6. (6) An application received under sub-section (5), shall be disposed off by the Committee after such enquiry as it deems necessary.

1. (1) The interest or the right of a member of the Fund 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.
2. (2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member of the Fund or his nominee or legal heirs. Explanation.—For the purpose of this section, "creditor" includes the State, or an official assignee or official receiver appointed under the law relating to insolvency for the time being in force.

The Committee may, for the Welfare of the members of the Fund,—

1. (a) take from the Life Insurance Corporation of India, policies of Group Insurance on the life of the members of the Fund; and
2. (b) provide for medical and educational facilities, and such other benefits, as may be prescribed, for the members of the Fund and their dependants.

1. (1) The Committee shall meet atleast once in three months or more often, if found necessary to transact its business.
2. (2) Five members of the Committee shall form the quorum for a meeting of the Committee.
3. (3) The Chairman or in his absence, a member elected by the Members present at the meeting shall preside over a meeting of the Committee.
4. (4) Any matter coming up before a meeting of the Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of any equality of votes, the Chairman or the member presiding over the meeting shall have and exercise a casting vote.

The nominated members of the Committee shall be eligible to get such travelling allowance and daily allowance as may be prescribed.

The Committee may, suo-motu at any time or on an application from any interested person within ninety days of any order passed by it, review any such order:

Protection of action taken in good faith

1. (1) No suit, prosecution or other legal proceeding shall lie against any person or anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
2. (2) No suit or other legal proceeding shall lie against the 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 rule made thereunder.

NO Civil Court shall have jurisdiction to settle, decide or deal with any question or determine any matter which is by or under this Act required to be settled, decided or dealt or determined by the Committee.

The Committee 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 in respect of the following matters, namely:—

1. (a) enforcing the attendance of any person or examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) issuing Commission for the examination of witnesses.

The Government may, by notification, on the recommendation of the Committee and having due regard to the availability of the amount in the Fund, amend the rates specified in the Schedule.

1. (1) The Government may, by notification, make rules for carrying out the purpose of this Act.
2. (2) Every rule made or notification issued by the Government under this Act, shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly and if, before expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or notification or the Legislative Assembly decides that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

[Soe sections 9 (2) (e), 16 (1) and 25.1 30 years as a member of the Fund . . . . . . . . . . 30,000 29 years as a member of the Fund . . . . . . . . . . 29,000 28 years as a member of the Fund . . . . . . . . . . 28,000 27 years as a member of the Fund . . . . . . . . . . 27,000 26 years as a member of the Fund . . . . . . . . . . 26,000 25 years as a member of the Fund . . . . . . . . . . 25,000 24 years as a member of the Fund . . . . . . . . . . 24,000 23 years as a member of the Fund . . . . . . . . . . 23,000 22 years as a member of the Fund . . . . . . . . . . 22,000 21'years 6s a member of,the Fund - . . d . . . . 21,000 20 years as a member of the Fund . . . . . . . . . . 20,000 19 years as a member of the Fund . . . . . . . . . . 19,000 18 years as a member of the Fund . . . . . . . . . . 18,000 17 years as a member of the Fund . . . . . . . . . . 17,000 16 years as a rnembzr of the Fund . . . . . . . . . . 16,000 15 years as a)nember of the Fund . . . . . . . . . . 15,000 14 years as a member of the Fund . . . . . . . . . . 14,000 13 years as a member of the Fund . . . . . . . . . . 13,000 12 years as a member of the Fund . . . . . . . . . . 12,000 11 years as a member of the Fund . . . . . . . . . . 11,ooO 10 years as a member of the Fund . . . . . . . . . . 10.000 9 years as a member of the Eund . . . . . . . . . . 9,m 8 years as a member of the Fund . . . . . . . . . . 8,000 7 years as a member of the Fund . . . . . . . . . . 7,000 6 years as a member 7f the Fund . . . . . . . . . . 6,000 5 years as a inember of the Fund . . . . . . . . . . 5,000 4 years as a member of the Fund . . . . . . . . . . 4,000 3 years as a membovr of the Fund . . . . . . . . . . 3,000 2 years as a member of the Fund . . . . . . . . . . 2,ooo 1 year as a membe1 of the Fund . . ." . . . . . . 1 ,ooO