The Advocates' Welfare Fund Act, 2001
2. Definitions.-
In this Act, unless
the context otherwise requires,-
a.
"advocate"
means an advocate whose name has been entered in the State roll prepared and
maintained by a State Bar Council under section 17 of the Advocates Act, 1961
(25 of 1961) and who is a member of a State Bar Association or State Advocates'
Association;
b.
"appropriate
Government" means,-
i.
in
the case of advocates admitted on the roll of a Bar Council of a State, the
State Government;
ii.
in
the case of advocates admitted on the roll of a Bar Council of a Union
territory, the Central Government;
a.
b.
c.
"cessation
of practice" means removal of the name of an advocate from the State roll
under section 26A of the Advocates Act, 1961 (25 of 1961);
d.
"Chairperson"
means the Chairperson of the Trustee Committee referred to in clause (a) of
sub-section (3) of section 4;
e.
"chartered
accountant" means a chartered accountant as defined in clause (b) of
sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of
1949) and who has obtained a certificate of practice under sub-section (1) of
section 6 of that Act;
f.
"dependents"
means the spouse, parents or minor children of a member of the Fund;
g.
"Fund"
means the Advocates' Welfare Fund constituted under sub-section (1) of section
3;
h.
"insurer"
shall have the meaning assigned to it in clause (9) of section 2 of the
Insurance Act, 1938 (4 of 1938);
i.
"member
of the Fund" means an advocate admitted to the benefits of the Fund and
who continues to be a member thereof under the provisions of this Act;
j.
"notification"
means a notification published in the Official Gazette of the appropriate
Government and the expression "notified" shall be construed
accordingly;
k.
"prescribed"
means prescribed by rules made under this Act;
l.
"Schedule"
means a Schedule to this Act;
m.
"scheduled
bank" shall have the meaning assigned to it in clause (e) of section 2 of
the Reserve Bank of India Act, 1934 (2 of 1934);
n.
"stamp"
means the Advocates" Welfare Fund stamp printed and distributed under
section 26;
o.
"State"
means a State specified in the First Schedule to the Constitution and shall
include a Union territory;
p.
"State
Advocates' Association" means an association of advocates in a State
recognized by the Bar Council of that State under section 16;
q.
"State
Bar Association" means an association of advocates recognized by the Bar
Council of that State under section 16;
r.
"State
Bar Council" means a Bar Council referred to in section 3 of the Advocates
Act, 1961 (25 of 1961);
s.
"suspension
of practice" means voluntary suspension of practice as an advocate or
suspension of an advocate by a State Bar Council for misconduct;
t.
"Trustee
Committee" means the Advocates' Welfare Fund Trustee Committee established
under sub-section (1) of section 4;
u.
"Vakalatnama"
includes memorandum of appearance or any other document by which an advocate is
empowered to appear or plead before any court, tribunal or other authority;
v.
words
and expressions used and not defined in this Act but defined in the Advocates
Act, 1961 shall have the meanings respectively assigned to them in that Act.