21. Payment of amount on cessation of practice.
21. Payment of amount on cessation of practice.—(1) Every advocate who has been a member of the Fund for a period of not less than five years shall, on his cessation of practice, be paid an amount at the rate specified in Schedule I:
Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of five years from the date of his admission as a member of such Fund as a result of any permanent disability, the Trustee Committee may pay such member an amount at the rate specified in Schedule I.
(2) Where a member of the Fund dies before receiving the amount payable under sub-section (1), his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund.
22. Restriction on alienation, attachment, etc. of interest of member in Fund.
22. Restriction on alienation, attachment, etc. of interest of member in Fund.—(1) The interest of any member in the Fund, or the right of a member of the Fund or his nominee or legal heir 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) 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 heir.
Explanation.—For the purposes 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.
23. Exemption from income tax.
23. Exemption from income tax.—Notwithstanding anything contained in the Income Tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on income, profits or gains, the income accrued to the Fund constituted under sub-section (1) of Section 3 shall be exempt from income tax.
24. Group Life Insurance for members of Fund and other benefits.
24. Group Life Insurance for members of Fund and other benefits.—The Trustee Committee may, for the welfare of the members of the Fund,—
(a) obtain, from the Life Insurance Corporation of India or any other insurer, policies of Group Insurance on the life of the members of the Fund; or
(b) provide, in such manner as may be prescribed, for medical and educational facilities for the members of the Fund and their dependants; or
(c) provide monies to the members of the Fund for purchase of books; or
(d) provide monies to construct or maintain common facilities for the members of the Fund:
Provided that the Trustee Committee shall spend ten per cent of the total annual subscription received under sub-section (5) of Section 18 on the construction or maintenance of common facilities for the members of the Fund practising in the subordinate courts; or
(e) provide funds for any other purpose which the Trustee Committee may specify; or
(f) provide for such other benefits as may be prescribed.
25. Appeal against decision or order of Trustee Committee.
25. Appeal against decision or order of Trustee Committee.—(1) An appeal against any decision or order of the Trustee Committee shall lie to the State Bar Council.
(2) The appeal shall be in the prescribed form and shall be accompanied by—
(a) a copy of the decision or order appealed against;
(b) a receipt evidencing payment of twenty-five rupees to the credit of the State Bar Council in any of the branches of a scheduled bank.
(3) The appeal shall be filed within thirty days from the date of receipt of the decision or order appealed against.
(4) The decision of the State Bar Council on such appeal shall be final.
Chapter VI
PRINTING, DISTRIBUTION AND CANCELLATION OF STAMPS
26. Printing and distribution of Advocates’ Welfare Fund Stamps by State Bar Council.
26. Printing and distribution of Advocates’ Welfare Fund Stamps by State Bar Council.—(1) The appropriate Government shall, on a request made by the State Bar Council in this behalf, cause to be printed and distributed Advocates’ Welfare Fund Stamps of the value of five rupees or such other value, which may be prescribed, inscribing therein “Advocates’ Welfare Fund Stamp”, in such design as may be prescribed.
(2) Every stamp referred to in sub-section (1) shall be of the size 2.54 cm by 5.08 cm and sold to the advocates.
(3) The custody of the stamps shall be with the State Bar Council.
(4) The State Bar Council shall control the distribution and sale of the stamps through the State Bar Associations and the State Advocates’ Associations.
(5) The State Bar Council, the State Bar Associations and the State Advocates’ Associations shall keep proper accounts of the stamps in such form and manner as may be prescribed.
(6) The State Bar Associations and State Advocates’ Associations shall purchase the stamps from the State Bar Council after paying the value thereof as reduced by ten per cent of such value towards incidental expenses.
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Other Contents of Advocates’ Welfare Fund Act, 2001 |
27. Vakalatnama to bear stamps.
27. Vakalatnama to bear stamps.—(1) Every advocate shall affix stamp of a value of—
(a) five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the District Court;
(b) ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court or the Supreme Court:
Provided that the appropriate Government may prescribe the value of the stamps not exceeding twenty-five rupees to be affixed under this sub-section:
Provided further that the appropriate Government may prescribe different value of the stamps to be affixed on every Vakalatnama to be filed in a District Court, or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court.
(2) The value of the stamp shall neither be the cost in a case nor be collected in any event from the client.
(3) Any contravention of the provisions of sub-section (1) or sub-section (2) by any advocate shall disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall report such contravention to the State Bar Council for appropriate action.
(4) Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court shall be cancelled in such manner as may be prescribed.
Chapter VII
MISCELLANEOUS
28. Certain persons not to be eligible for benefits.
28. Certain persons not to be eligible for benefits.—No senior advocate, or a person in receipt of pension from the Central Government or a State Government, shall be entitled to ex gratia grant under Section 19 or payment of amount on his cessation of practice under Section 21 or any benefit under clause (a) or clause (b) or clause (c) of Section 24.
29. Protection of action taken in good faith.
29. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Trustee Committee or the Chairperson or a Member or the Secretary of the Trustee Committee or the State Bar Council or any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
30. Bar of jurisdiction of civil courts.
30. 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 State Bar Council.
31. Power to summon witnesses and take evidence.
31. Power to summon witnesses and take evidence.—The Trustee Committee and the State Bar Council shall, for the purpose 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 (5 of 1908) in respect of the following matters, namely:—
(a) enforcing the attendance of any person or 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;
(e) any other matter which may be prescribed.
32. Power to amend Schedules I and II.
32. Power to amend Schedules I and II.—(1) The appropriate Government may, on the recommendation of the Trustee Committee, by notification, and having due regard to the availability of the amount in the Fund, amend the rates specified in Schedule I.
(2) The Central Government may, as and when considered necessary, by notification, amend Schedule II.
33. Power of appropriate Government to issue directions.
33. Power of appropriate Government to issue directions.—(1) Without prejudice to the generality of the foregoing provisions of this Act, the Trustee Committee shall, in exercise of the powers or the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to professional and administrative matters, as the appropriate Government may give in writing to it from time to time:
Provided that the Trustee Committee shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the appropriate Government, whether a question is one of policy or not, shall be final.
34. Power of appropriate Government to supersede Trustee Committee.
34. Power of appropriate Government to supersede Trustee Committee.—(1) If at any time the appropriate Government is of the opinion—
(a) that, on account of circumstances beyond the control of the Trustee Committee, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Trustee Committee has persistently defaulted in complying with any direction given by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the appropriate Government may, by notification and for reasons to be specified therein, supersede the Trustee Committee for such period, not exceeding six months, as may be specified in the notification and appoint, in consultation with the Chief Justice of the High Court having jurisdiction, a Judge of the High Court to be the Controller of the Trustee Committee:
Provided that before issuing any such notification, the appropriate Government shall give a reasonable opportunity to the Trustee Committee to make representations against the proposed supersession and shall consider the representations, if any, of the Trustee Committee.
(2) Upon the publication of a notification under sub-section (1) superseding the Trustee Committee,—
(a) the Chairperson, Members and the Secretary of the Trustee Committee shall, as from the date of supersession, vacate their offices as such;
(b) all powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Trustee Committee shall, until the Trustee Committee is reconstituted under sub-section (3), be exercised and discharged by the Controller of the Trustee Committee; and
(c) all properties and Fund owned or controlled by the Trustee Committee shall, until the Trustee Committee is reconstituted under sub-section (3), vest in the appropriate Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate Government shall reconstitute the Trustee Committee by a fresh appointment of its Chairperson, Members and Secretary of such Committee and in such case a person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.
(4) The appropriate Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament or before each House of the State Legislature, where it consists of two Houses or where such Legislature consists of one House, before that House, as the case may be, at the earliest.
35. Power of Central Government to make rules.
35. Power of Central Government to make rules.—(1) The Central Government, being the appropriate Government, may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the periodical and annual reports to be sent under clause (f) of Section 11;
(b) the form and the manner in which the annual statement of accounts and annual report shall be prepared under sub-section (1) of Section 13;
(c) the forms, registers and other records to be maintained under clause (g) of Section 14;
(d) the form in which an association of advocates may apply for recognition to the State Bar Council under sub-section (1) or sub-section (2) of Section 16;
(e) the form in which a certificate of recognition shall be issued by the State Bar Council under sub-section (4) of Section 16;
(f) the form in which an advocate shall apply for admission as a member of the Fund under sub-section (1) or sub-section (2) of Section 18;
(g) the principles in accordance with which the amount payable to a member of the Fund be reduced under sub-section (12) of Section 18;
(h) the manner of providing medical and educational facilities for the members of the Fund and their dependants under clause (b) of Section 24;
(i) the other benefits to be provided under clause (f) of Section 24;
(j) the form of appeal under sub-section (2) of Section 25;
(k) the value and design of stamps to be printed and distributed under sub-section (1) of Section 26;
(l) the form and the manner in which accounts of the stamps shall be kept under sub-section (5) of Section 26;
(m) the value of stamps not exceeding twenty-five rupees as may be prescribed under the first proviso to sub-section (1) of Section 27;
(n) the value of stamps to be affixed on every Vakalatnama under the second proviso to sub-section (1) of Section 27;
(o) the manner of cancellation of stamps under sub-section (4) of Section 27;
(p) any other matter which is to be, or may be, prescribed.
36. Power of State Government to make rules.
36. Power of State Government to make rules.—(1) The State Government, being the appropriate Government, may, by notification, make rules for carrying out the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the periodical and annual reports to be sent under clause (f) of Section 11;
(b) the form and the manner in which the annual statement of accounts and annual report shall be prepared under sub-section (1) of Section 13;
(c) the forms, registers and other records to be maintained under clause (g) of Section 14;
(d) the form in which an association of advocates may apply for recognition to the State Bar Council under sub-section (1) or sub-section (2) of Section 16;
(e) the form in which a certificate of recognition shall be issued by the State Bar Council under sub-section (4) of Section 16;
(f) the form in which an advocate shall apply for admission as a member of the Fund under sub-section (1) or sub-section (2) of Section 18;
(g) the principles in accordance with which the amount payable to a member of the Fund be reduced under sub-section (12) of Section 18;
(h) the manner of providing medical and educational facilities for the members of the Fund and their dependants under clause (b) of Section 24;
(i) the other benefits to be provided under clause (f) of Section 24;
(j) the form of appeal under sub-section (2) of Section 25;
(k) the value and design of stamps to be printed and distributed under sub-section (1) of Section 26;
(l) the form and the manner in which accounts of the stamps shall be kept under sub-section (5) of Section 26;
(m) the value of stamps not exceeding twenty-five rupees as may be prescribed under the first proviso to sub-section (1) of Section 27;
(n) the value of stamps to be affixed on every Vakalatnama under the second proviso to sub-section (1) of Section 27;
(o) the manner of cancellation of stamps under sub-section (4) of Section 27;
(p) any other matter which is to be or may be prescribed.
37. Rules and notifications to be laid before Parliament or State Legislature.
37. Rules and notifications to be laid before Parliament or State Legislature.—(1) Every rule made under this Act by the Central Government and every notification issued under Section 32, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree 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.
(2) Every rule made under this Act by a State Government and every notification issued under Section 32 shall be laid, as soon as may be after it is made, before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
38. Saving.
38. Saving.—The provisions of this Act shall not apply to the States in which the enactments specified in Schedule II are applicable.
Schedule I
SCHEDULE I
[See Sections 21(1) and 32(1)]
|
Number of years as member of the Fund |
Rate at which amount payable |
|
|
1 |
2 |
|
|
30 |
— |
Rs 30,000 |
|
29 |
— |
Rs 29,000 |
|
28 |
— |
Rs 28,000 |
|
27 |
— |
Rs 27,000 |
|
26 |
— |
Rs 26,000 |
|
25 |
— |
Rs 25,000 |
|
24 |
— |
Rs 24,000 |
|
23 |
— |
Rs 23,000 |
|
22 |
— |
Rs 22,000 |
|
21 |
— |
Rs 21,000 |
|
20 |
— |
Rs 20,000 |
|
19 |
— |
Rs 19,000 |
|
18 |
— |
Rs 18,000 |
|
17 |
— |
Rs 17,000 |
|
16 |
— |
Rs 16,000 |
|
15 |
— |
Rs 15,000 |
|
14 |
— |
Rs 14,000 |
|
13 |
— |
Rs 13,000 |
|
12 |
— |
Rs 12,000 |
|
11 |
— |
Rs 11,000 |
|
10 |
— |
Rs 10,000 |
|
9 |
— |
Rs 9000 |
|
8 |
— |
Rs 8000 |
|
7 |
— |
Rs 7000 |
|
6 |
— |
Rs 6000 |
|
5 |
— |
Rs 5000 |
|
4 |
— |
Rs 4000 |
|
3 |
— |
Rs 3000 |
|
2 |
— |
Rs 2000 |
|
1 |
— |
Rs 1000 |
Schedule II
SCHEDULE II
[See Sections 32(2) and 38]
1. The Uttar Pradesh Advocates’ Welfare Fund Act, 1974 (6 of 1974)
2. The Bihar State Advocates’ Welfare Fund Act, 1983 (16 of 1983)
3. The Madhya Pradesh Adhivakata Kalyan Nidhi Adhiniyam, 1982 (9 of 1982)
4. The Andhra Pradesh Advocates’ Welfare Fund Act, 1987 (33 of 1987)
5. The Orissa Advocates’ Welfare Fund Act, 1987(18 of 1987)
6. The Rajasthan Advocates’ Welfare Fund Act, 1987 (15 of 1987)
7. The Tamil Nadu Advocates’ Welfare Fund Act, 1987 (49 of 1987)
8. The Gujarat Advocates’ Welfare Fund Act, 1991 (14 of 1991)
9. The Goa Advocates’ Welfare Fund Act, 1995 (2 of 1997)
10. The Assam Advocates’ Welfare Fund Act, 1998 (18 of 1999)
11. The Maharashtra Advocates’ Welfare Fund Act, 1981 (61 of 1981)
12. The Himachal Pradesh Advocates’ Welfare Fund Act, 1996 (14 of 1996)
13. The Kerala Advocates’ Welfare Fund Act, 1980 (21 of 1980)
14. The Karnataka Advocates’ Welfare Fund Act, 1983 (2 of 1985)
15. The West Bengal Advocates’ Welfare Fund Act, 1991 (13 of 1991)
16. The Jammu and Kashmir Advocates’ Welfare Fund Act, 1997 (26 of 1997).
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