The Advocates' Welfare Fund Act, 2001

Chapter V Membership and Payment out of Advocates' Welfare Fund

18. Membership in Fund.-

1.  Every advocate practicing, before the commencement of this Act, in any court, tribunal or other authority in a State and being a member of a State Bar Association or a State Advocates' Association in that State, shall apply, w thin six months of the commencement of this Act, to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed.

2.  Every person,-

a.   admitted as an advocate on the roll of a State Bar Council, after the commencement of this Act;

b.   practicing in any court, tribunal or other authority in a State and being a member of a State Bar Association or a State Advocates' Association in that State, shall apply, within six months of his enrolment as an advocate to the Trustee Committee, for admission as a member of the Fund in such form as may be prescribed.

1.   

2.   

3.  On receipt of an application under sub-section (1) or sub-section (2), 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.

4.  Every applicant shall pay an application fee of two hundred rupees along with the application to the account of the Trustee Committee.

5.  Every advocate, being a member of the Fund, shall pay an annual subscription of fifty rupees to the Fund on or before the 31st day of March of every year: Provided that every advocate, who makes an application under sub-section (1) or sub-section (2), shall pay his first annual subscription within three months of his becoming a member of the Fund: Provided further that a senior advocate shall pay an annual subscription of one thousand rupees.

6.  Any member of the Fund, who fails to pay the annual subscription for any year before the 31st day of March of that year, shall be liable to be removed from the membership in the Fund.

7.  A member of the Fund removed from the membership in the Fund under sub-section (6) may be re-admitted to the Fund, on payment of arrears along with re-admission fee of ten rupees, within six months from the date of such removal.

8.  Every member of the Fund shall, at the time of admission to the membership in the Fund, make nomination conferring on one or more of his dependants the right to receive, in the event of his death, any amount payable to the member under this Act.

9.  If a member of the Fund nominates more than one person under sub-section (8), he shall specify in the nomination, the amount of share payable to each of the nominees.

10.  A member of the Fund may, at any time, cancel a nomination by sending a notice in writing to the Trustee Committee.

11.  Every member of the Fund, who cancels his nomination under sub-section (10), shall make a fresh nomination along with registration fee of five rupees.

12.  Every member of the Fund, whose name has been removed from the State roll under section 26A of the Advocates Act, 1961 (25 of 1961), or who voluntarily suspends practice, shall, within fifteen days of such removal or suspension, intimate such removal or suspension to the Trustee Committee and if any member of the Fund fails to do so without sufficient reason, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act.

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