SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Advocates' Welfare Fund Act, 2001. 2.     It extends to the whole of India. 3.     It shall come into force on such date...
2Definitions
In this Act, unless the context otherwise requires,- a.     "advocate" means an advocate whose name has been entered in the State roll prepared and maintain...
Chapter IIConstitution of Advocates' Welfare Fund
3Advocates' Welfare Fund
1.     The appropriate Government shall constitute a fund to be called the "Advocates' Welfare Fund". 2.     There shall be credited to the Fund- a.     al...
Chapter IIIEstablishment of Trustee Committee
4Establishment of Trustee Committee
1.     With effect from such date as the appropriate Government may, by notification, appoint in this behalf, there shall be established a Trustee Committee ...
5Disqualifications and removal of Chairperson or Member of Trustee Committee
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, ...
6Resignation by nominated Chairperson and Members of Trustee Committee and filling up of casual vacancy
1.     The Chairperson referred to in sub-section (4) of section 4 or a Member nominated under clause (e) of sub-section (3) of that section may resign his o...
7Vacancies, etc., not to invalidate proceedings of Trustee Committee
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 ...
8Meetings of Trustee Committee
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 ...
9Travelling and daily allowances to Chairperson and Members of Trustee Committee
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 (3) of that...
10Vesting and application of Fund
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....
11Functions of Trustee Committee
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 ...
12Borrowing and investment
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 require...
13Accounts and audit
1.     The Trustee Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts and annual report in such ...
14Powers and duties of Secretary
The Secretary of the Trustee Committee shall- a.     be the chief executive authority of the Trustee Committee and responsible for carrying out its decision...
15Payment of certain monies to Fund by 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...
Chapter IVRecognition of any Association of Advocates
16Recognition by a State Bar Council of any association of advocates
1.     Any association of advocates known by any name which is registered as an association before the date of commencement of this Act may, before the date ...
17Duties of State Bar Associations and State Advocates' Associations
1.     Every State Bar Association and State Advocates' Association shall on or before the 15th day of April of every year, furnish to the State Bar Council ...
Chapter VMembership and Payment out of Advocates' Welfare Fund
18Membership 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...
19Ex-gratia grant to a member of Fund
The Trustee Committee on an application made to it by a member of the Fund, and after being satisfied about the genuineness of the claim, may allow ex gratia ...
20Review
The Trustee Committee may, on its own motion or on an application received from any person interested, within ninety days of the passing of any order by it un...
21Payment 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 th...
22Restriction on alienation, attachment, etc., of interest of member in Fund
1.     The interest of any member in the Fund, or the right of member of the Fund or his nominee or legal heir to receive any amount from the Fund, shall not...
23Exemption 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, prof...
24Group 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, pol...
25Appeal 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 fo...
Chapter VIPrinting, Distribution and Cancellation of Stamps
26Printing 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 Fu...
27Vakalatnama 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...
Chapter VIIMiscellaneous
28Certain 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...
29Protection 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 Se...
30Bar 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 set...
31Power 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 whil...
32Power 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 amou...
33Power 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...
34Power 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 ...
35Power 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 pa...
36Power 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 inconsist...
37Rules 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 ...
38Saving
The provisions of this Act shall not apply to the States in which the enactments specified in Schedule II are applicable....
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