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THE ADVOCATES WELFARE FUND ACT, 2001

Title : THE ADVOCATES WELFARE FUND ACT, 2001

Year : 2001



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.



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 there under.



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.



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 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.



(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.



(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.



(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) Alt 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 subsection (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.



(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 general it  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 subsection (1) of section 26;

(1) 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.



(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 subsection (l) 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.



(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.



The provisions of this Act shall not apply to the States in which the enactments specified in Schedule II are applicable.

Schedule I - SCHEDULE

[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. 9,000 
8      …    Rs. 8,000 
7      …    Rs. 7,000
6      …    Rs. 6,000 
5      …    Rs. 5,000 
4      …    Rs. 4,000 
3      …    Rs. 3,000 
2      …    Rs. 2,000 
1      …    Rs. 1,000 


Schedule II - SCHEDULE

[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 (9of 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(49of 1987).
 
8. The Gujarat Advocates Welfare Fund Act, 1991 (14 of 1991).

9. The Goa Advocates Welfare Fund Act, 1995(2of 1997).
 
10. The Assam Advocates' Welfare Fund Act, 1998 (XVIII of 1999).

11. The Maharastra Advocates' Welfare Fund Act, 1981 (LXI of 1981).

12. The Himachal Pradesh Advocates Welfare Fund Act, 1996(14of 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 (XIII of 1991).

16. The Jammu and Kashmir Advocates Welfare Fund Act, 1997 (XXVI of 1997).


Last updated on June, 2016

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