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THE ADVOCATES WELFARE FUND ACT, 2001

Title : THE ADVOCATES WELFARE FUND ACT, 2001

Year : 2001



(1) With effect from such date as the appropriate Government may, by notification, appoint in this behalf, there shall be established a Trustee Committee to be called the "Advocates' Welfare Fund Trustee Committee".

(2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.

(3) The Trustee Committee shall consist of--

(a) The Advocate-General of a State     - Chairperson, ex officio:

Provided
that where there is no Advocate-General of a State, the appropriate Government shall nominate a senior advocate to be the Chairperson;

(b) The Secretary to the appropriate Government in its Law Department or Ministry     - Member, ex officio;

(c) The Secretary to the appropriate Government in its Home Department or Ministry     - Member, ex officio;

(d) The Chairman of the State Bar Council     - Member, ex officio;

(e) The Government Pleader or the Public Prosecutor, as may be nominated by the appropriate Government     - Member;

(f) Two advocates to be nominated by the State Bar Council     - Members;

(g) The Secretary of the State Bar Council     - Secretary, ex officio.

(4) The Chairperson nominated under the proviso to clause (a) of sub-section (5) shall hold office for a period not exceeding three years from the date on which he enters upon his office.

(5) Every Member of the Trustee Committee nominated under clause (e) or clause (f) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office.



(1) The appropriate Government shall remove from office the Chairperson or any Member of the Trustee Committee, who-

(a) Is, or at any time has been, adjudged as an insolvent; or

(b) Has become physically or mentally incapable of acting as the Chairperson or a Member of the Trustee Committee; or

(c) Has been convicted of an offence which, in the opinion of the appropriate Government, involves moral turpitude; or

(d) Has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or a Member of the Trustee Committee; or

(e) Has so abused his position as to render his continuation in office detrimental to the public interest; or

(f) Is, or at any time has been, absent without leave of the Trustee Committee for more than three consecutive meetings of the Trustee Committee:

Provided that the Trustee Committee may, on sufficient ground, condone the absence of such Chairperson or Member.

(2) No such Chairperson or Member of the Trustee Committee shall be removed under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard.



(1) The Chairperson referred to in sub-section (4) of section 4 or a Member nominated under clause (e) of sub-section (5) of that section may resign his office by giving three months' notice in writing to the appropriate Government and on such resignation being accepted by the appropriate Government such Chairperson or Member shall vacate his office.
 
(2) A Member nominated under clause (f) of sub-section (3) of section 4 may resign his office by giving three months' notice in writing to the State Bar Council and on such resignation being accepted by the State Bar Council such Member shall vacate his office.

(3) A casual vacancy in the office of the Chairperson or a Member referred to in sub-section (1) who has resigned may be filled up, as soon as may be, by the appropriate Government and the Chairperson or a Member so nominated shall hold office only so long as the Chairperson or the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur.

(4) A casual vacancy in the office of a Member referred to in sub-section (2) who has resigned may be filled up, as soon as may be, by the State Bar Council and a Member so nominated shall hold office only so long as the Member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur.



No act or proceeding of the Trustee Committee shall be invalid merely by reason of-

(a) Any vacancy in, or any defect in the constitution of, the Trustee Committee; or

(b) Any defect or irregularity in the nomination of a person acting as the Chairperson or a Member of the Trustee Committee; or

(c) Any irregularity in the procedure of the Trustee Committee not affecting the merits of the case.



(1) The Trustee Committee shall meet at least once in every three calendar months and at least four such meetings shall be held in every year to transact business under this Act and the rules made thereunder.
 
(2) Three Members of the Trustee Committee shall form the quorum for a meeting of the Trustee Committee.

(3) The Chairperson of the Trustee Committee or, if for any reason, he is unable to attend a meeting of the Trustee Committee, any other Member chosen by the Members of the Trustee Committee present from amongst themselves at the meeting shall preside at the meeting.

(4) All questions which come up in a meeting of the Trustee Committee shall be decided by a majority vote of the Members of the Trustee Committee present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the Member of the Trustee Committee presiding, shall have a second or casting vote.



The Chairperson referred to in sub-section (4) of section 4 and Members of the Trustee Committee referred to in clauses (e) and (f) of sub-section (5) of that section shall be entitled to be paid such travelling and daily allowances as are admissible to the members of the State Bar Council.
 


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



(1) Subject to the provisions of this Act and any other law for the time being in force, the Trustee Committee shall administer the Fund.

(2) Without prejudice to the generality of the provisions contained in sub-section (7), the Trustee Committee shall-
 
(a) Hold the amounts and assets belonging to the Fund in trust;

(b) Receive applications for admission or re-admission as members 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 heirs, as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary and dispose of the applications within five months from the date of receipt thereof;

(d) Record in the minutes book of the Trustee Committee, its decisions on the applications;

(e) Pay to the members of the Fund or their nominees or legal heirs, as the case may be, the amounts at the rates specified in Schedule I;

(f) Send such periodical and annual reports as may be prescribed, to the appropriate Government and the State Bar Council;

(g) Communicate to the applicants, by registered post with acknowledgment due or through electronic mode, the decisions of the Trustee Committee in respect of applications for admission or re-admission as members 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 there under.



(1) The Trustee Committee may, with the prior approval of the appropriate Government and the State Bar Council, borrow, from time to time, any sum required for carrying out the purposes of this Act.

(2) The Trustee Committee shall deposit all monies and receipts forming part of the Fund in any scheduled bank or invest the same in debt instruments of any corporation owned or controlled by the appropriate Government or in loans floated by the appropriate Government or in any other manner as the State Bar Council may, from time to time, direct with the prior approval of the appropriate Government.

(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.



(1) The Trustee Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts and annual report in such form and in such manner as may be prescribed.

(2) The accounts of the Trustee Committee shall be audited annually by a chartered accountant appointed by the State Bar Council.

(3) The accounts of the Trustee Committee as audited by the chartered accountant together with his audit report shall be forwarded to the State Bar Council by that Committee and the State Bar Council may issue such directions, as it deems fit, to the Trustee Committee in respect thereof.

(4) The Trustee Committee shall comply with the directions issued by the State Bar Council under sub-section (3).

(5) The Trustee Committee shall pay from the Fund the charges for the audit as may be fixed by the State Bar Council.



(a) Be the chief executive authority of the Trustee Committee and responsible for carrying out its decisions;

(b) Represent the Trustee Committee in all suits and proceedings for and against the Trustee Committee;

(c) Authenticate by his signature all decisions and instruments of the Trustee Committee;

(d) Operate bank account of the Trustee Committee jointly with the Chairperson;

(e) Convene meetings of the Trustee Committee and prepare minutes of such meetings;

(f) Attend meetings of the Trustee Committee with all the necessary records and information;

(g) Maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee;

(h) Prepare an annual statement of business transacted by the Trustee Committee during a financial year ;

(i) Do such other acts as are or may be directed by the Trustee Committee and the State Bar Council,



The State Bar Council shall pay to the Fund annually an amount equal to twenty per cent, of the enrolment fee received by it under clause (f) of section 24 of the Advocates Act, 1961 (25 of 1961).

Last updated on June, 2016

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