By this writ petition, a challenge is made to third proviso of Section 17(1) of the Rajasthan Advocates Welfare Fund Act, 1987 (in short “the Act of 1987”), as amended by the Act of 2012 i.e. Rajasthan Advocate Welfare Fund (Amendment) Act, 2012 (for short “the Amendment Act of 2012”) apart from Sections 17 and 18 of the Act of 1987, as amended in the year 2012.

2. Brief facts of the case are that petitioner’s husband was an Advocate and became Member of the Rajasthan Advocates Welfare Fund (in short “Welfare Fund”) on 25th February, 1991. He remained Member of the Welfare Fund continuously for more than 10 years, however, his membership was terminated/ceased due to default in making payment of subscription towards the Welfare Fund. The petitioner’s husband was re-admitted as Member of the Welfare Fund on 4th October, 2012. While readmitting, he had deposited complete arrears of subscription with interest for past years.

3. The petitioner’s husband died on 28th September, 2014. The petitioner prayed for relief under the Act of 1987 but has been denied by the Bar Council of Rajasthan in reference to Sections 16, 17 and 18 of the Act of 1987. For ready reference, the provisions are reproduced hereunder:-

“16. Membership in the Fund.-(1) Every advocate practising before any Court, Tribunal or other authority legally authorized by any law to take evidence or to adjudicate or decide any dispute in the State shall apply to the Trustee Committee for admission as a member of the fund in such form as may be prescribed:

(2) On receipt of an application under sub-sec. (1), 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 against rejection of his application.

(3) Every applicant shall pay an admission fee of Rs.400/- in lump-sum alongwith application for membership, which shall be credited to the account of Trustee Committee.

(4) In the event of rejection of the application, the admission fee paid shall be refunded to the applicant.

(5) Every member shall pay [in advance] an annual subscription to the Fund on or before the 30th June of every year at the following rates, namely:-

(i) Where the standing of the Advocate at the Bar is less than five years- Rs. 300/-

(ii) Where the standing of the Advocate at the Bar becomes five years or is less than ten years-Rs. 750/-

(iii) Where the standing of the Advocate at the Bar is ten years or more-Rs. 1250/-

Provided that a member of the fund may deposit in lump-sum a sum of Rs. [17,500/-] and in that event he shall not be required to pay annual subscription :

Provided further that the prospective member shall pay the full subscription of the current year alongwith the admission fee to the fund :

Provided also that if annual subscription of current year is not paid on or before 30th June, the member of the Fund shall be liable to pay on the amount of arrear an interest at the rate of Rs. 1.50 per hundred per month from the date on which subscription becomes due.

(6) Any member who fails to remit the annual subscription on or before the due date mentioned in sub-sec. (5) shall, upon notice in writing of one month being [issued to him under postal certificate] by the Trustee Committee, be liable to be removed by the Trustee Committee from the membership of the Fund.

(7) A person removed from the membership of the Fund under sub-sec. (6) shall be re-admitted by the Trustee Committee to the Fund on payment of the arrears of subscription due against him alongwith interest thereon at the rate of 1.50 rupees per hundred per month from the date the subscription became due and 100/- rupees as readmission fees within one year from the date of his removal :

Provided that where a member does not move application for re-admission within stipulated period the amount depo