KERALA ADVOCATES` WELFARE FUND ACT, 1980
PREAMBLE
An Act to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Kerala and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Kerala and for matters connected therewith or incidental thereto;
BE it enacted in the Thirty-first year of the Republic of India as follows:-
(1) This Act may be called the Kerala Advocates Welfare Fund Act, 1980.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may , by notification in the Gazette, appoint
In this Act unless the context otherwise requires,-
1[(a) "actual practice" means carrying on the profession of an Advocate other than senior Advocate and filing of at least five vakalaths per year by an Advocate whose name is included in the list of practising Advocates published and maintained by the Bar Council in accordance with the rules made by it under Section 27].
2[(ab) "Advocates Academy" means the academy constituted by the Bar Council for providing training to Advocates to enable them to give efficient legal service to the people].
(b) " Bar Association" means an association of advocates recognised by the Bar Council under section 13;
(c) "Bar Council" means the Bar Council of Kerala constituted under S.3 of the Advocates' Act,1961 (Central Act 25 of 1961);
(d) [ "cessation of practice" means removal of the name of an ad
(1) The Government shall constitute a fund called the Advocates' Welfare Fund.
(2) There shall be credited to the Fund -
(a) all amounts paid by the Bar Council under section 12 ;
(b) any other contribution made by the Bar Council ;
(c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any Bar Association, any other association or institution, any advocate or any other person ;
(d) any grant made by the State Government to the Fund;
(e) the amount set apart from the Legal Benefit Fund constituted under sub- section (2) of section 78 of the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960) , for providing social security measures for the legal profession;
(f) any sum borrowed under section 10 ;
(g) all sums received from the Life Insurance Co
(1) The Government may, by notification in the Gazette, establish, with effect from such date as may be specified therein, a Committee to be called the Kerala Advocates' Welfare Fund Trustee Committee.
(2) The Trustee Committee shall be a body corporate having perpetual succession and common seal with power to acquire and hold property and shall by the said name, sue and be sued.
(3) The Trustee Committee shall consist of -
(a) the Advocate General of Kerala , who shall be he Chairman of the Trustee Committee, ex-officio;
(b) the Law Secretary to Government, ex-officio;
(c) a member nominated by the Government;
(d) [three members][6] of the Bar Council nominated by it;
(e) the treasurer of the Bar Council, who shall be the treasurer of the Trustee Committee, ex-officio;
(f) the Secretar
(1) A member nominated under clause (c) or clause (d) of sub-section (3) of S.4 shall be disqualified to be a member of the Trustee Committee if he -
(a) becomes of unsound mind;or
(b) is adjudged insolvent; or
(c) is absent without leave of the Trustee Committee for more than three consecutive meetings of the Committee; or
(d) is a defaulter to the Fund (in case he is a member of the Fund) or has committed breach of Trust; or
(e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside.
(2) The Government may remove any member who is or has become disqualified under sub-section (1) from membership of the Trustee Committee:
Provided that no order removing any member shall be passed unless that member and the Bar Council in the case of a member nomin
(1) Any member nominated under clause (c ) or clause (d) of sub-section (3) of S.4 may resign his office by giving three months' notice in writing to the Government or the Bar Council as the case may be, and on such resignation being accepted by the Government or the Bar Council shall be deemed to have vacated his office:
Provided that the Bar Council shall consult the Government before accepting the resignation.
(2) A casual vacancy in the office of a member referred to in sub-section (1) may be filled up , as soon as may be , by the Government or the Bar Council, as the case may be, and a member so nominated to fill such vacancy shall hold office for the unexpired portion of the term of office of the member whose place he fills .
No act done or proceeding taken under this Act or the rules made there under by the Trustee Committee shall be invalidated merely by reason of-
(a) any vacancy or defect in the constitution of the Committee;
(b) any defect or irregularity in the nomination of any person as a member thereof; or
(c) any defect or irregularity in such act or proceeding not affecting the merits of the case
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) The Trustee Committee shall administer the Fund.
(2) In the administration of the Fund, the Trustee Committee shall subject to the provisions of this Act and the rules made there under,-
(a) hold the amounts and assets belonging to the Fund in Trust;
(b) receive application for admissions or readmissions to the Fund, and dispose of such applications within ninety days from the date of receipt thereof;
[(bb) remove a member from the Fund for contravention of any of the provisions of this Act or the rules framed thereunder after giving the member concerned an opportunity of being heard ;
(c) receive applications from the members of the Fund, their nominees , legal representatives, as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within five
(1) The Trustee Committee may, with the prior approval of the Government and the 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 moneys and receipts forming part of the Fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the 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.
(4) The amounts of the Trustee Committee shall be audited annually by a chartered accountant appointed by the Bar Council.
(5) The account
The Secretary of the Trustee Committee shall-
(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 Committee;
(c) authenticate by his signature all decisions and instructions of the Trustee Committee;
(d) operate the bank accounts of the Trustee Committee jointly with the Treasurer;
(e) convene the meetings of the Trustee Committee and prepare its minutes;
(f) attend the 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) inspect and verify periodically the accoun
The Bar Council shall pay to the Fund annually an amount equal to twenty percent of the enrolment fees realised by it.
(1) All association of advocates known by any name functioning in any court centre may, [] apply o the Bar Council in such form as may be prescribed for recognition and registration.
(2) Every application for recognition and registration shall be accompanied by the rules or bye-laws of the association, names and addresses of the office - bearers of the association and up-to-date list of the members of the association showing the name, address, age, date of enrolment and the ordinary place of practice of each member.
(3) The Bar Council may, after such enquiry as it deems necessary, recognise the association and issue a certificate of registration in such form as may be prescribed.
["Provided that where there are more than one association in a court centre, the Bar Council shall, for reasons to be recorded in writing, register and recognise only one association for that Centre."]
The Bar Council may, for reasons to be recorded in writing, cancel the recognition and registration granted to a Bar Association, if it fails to carry out any of the duties specified in section 14:
Provided that no order cancelling the recognition and registration shall be passed without giving the Bar Association an opportunity of being heard.]
(1) Every Bar Association shall, on or before the 15th April every year, intimate to the Bar council a list of its members as on the 31st March of that year.
(2) Every Bar Association shall intimate to the Bar Council--
(a) any change of the office bearers of the association within fifteen days from such change;
(b) any change in the membership including admissions and readmissions within thirty days of such change;
(c) the death, retirement or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; and
(d) such other matters as may be required by the Bar Council from time to time.
1[(1) Any practising Advocate in any Court in the State may apply to the Trustee Committee for admission as a member of the Fund in such form, as may be prescribed].
2[(1A) No person enrolled as an Advocate after retirement from an employment shall be admitted as a member of the Fund if such person is eligible for or availed himself of any kind of retirement benefit from such employment:
(1) A member of the Fund shall, on cessation of practice, be entitled to receive from out of the Fund an amount at the rate specified to the Schedule:
[Provided that a member removed under sub-section (8) or sub-section (8A) of section 15 or a member who has not continued his membership of the Fund at least for five years shall be entitled, on cessation of practice-
(a) after the commencement of Kerala Advocates' welfare Fund (Amendment) Act, 1995, to fifty percentage of the amount at the rate of three thousand and one hundred and twenty five rupees calculated for every completed year of practice; and
(b) before the commencement of the said Act, to fifty percentage of the amount at the rate specified in sub-section (1A) calculated for every completed year of practice.]
(1A) Notwithstanding anything contained in sub-section (1) or in any judgment, decree or order of any court,
(1) The interest of any member in the Fund, or the right of a member or his nominee or legal heirs to receive any amount from the Fund, shall not be assigned, alienated, or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority.
(2) No creditor shall be entitled to proceed against the Fund or the interest therein of any member or his nominee or legal heirs.
Explanation.- For the purposes of this section , "creditor" includes State, or an official assignee or receiver appointed under the Insolvency Act, 1955 (2 of 1956) or any other law for the time being in force.
The Bar council may, for the welfare of the members of the fund,-
(a) obtain from the Life Insurance Corporation of India policies of Group Insurance for the members of the Fund;
(b) provide for medical and educational facilities for the members of the Fund and their dependants ;
(c) provide for such other benefits as may be prescribed.
(1) The Trustee Committee shall meet at least once in three calendar months or more often if found necessary to transact business under this Act or the rules made thereunder.
(2) [Five members] of the Trustee Committee shall form the quorum for a meeting of the Committee.
(3) The Chairman or in his absence, a member elected shall preside over a meeting of the Trustee Committee.
(4) Any matter coming up before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of an equality of votes, the Chairman or the member presiding over the meeting shall have a casting vote.
The non-official members of the Trustee Committee shall be eligible to get such travelling allowance and daily allowance as are admissible to the members of the Bar Council.
(1) An appal against any decision of the Trustee Committee shall lie to the Bar Council.
(2) The appeal shall be in the prescribed form and shall be accompanied by -
(a) the order appealed against; and
(b) a receipt evidencing payment of one hundred rupees to the credit of the Bar Council in any of the branches in Kerala of the State Bank of India [or its subsidiary banks, in any Nationalised Bank or in any District Co-operative Bank or in any Scheduled Bank].
(3) The appeal shall be filed within thirty days from the date of receipt of the order appealed against.
(4) The decision of the Bar Council on the appeal shall be final.
(1) The Bar Council shall cause to be printed and distributed welfare fund stamps of the value of [five rupees and ten rupees] with the Bar Council Emblem and its value inscribed thereon.
(2) [The stamps shall be of such size and colour as may be decided by the Bar Council from time to time].
(3) The custody of the stamps shall be with the Bar Council.
(4) The Bar Council shall control the distribution and sale of the stamps through Bar Associations.
(5) The Bar Council and Bar Associations shall keep proper accounts of the stamps in such form and in such manner as may be prescribed.
(6) The Bar Associations shall purchase the stamps from the Bar Council after paying the value thereof less ten per cent of such value towards incidental expenses.
(7) Every stamp affixed on vakalaths filed before any court, tribunal or other authority
(1) [Every vakalath filed by an advocate [who is a member of the Fund ] shall in addition to the court fee stamps affixed thereon, be affixed with the welfare fund stamp of the value of [fifteen rupees] in the case of vakalath filed before the High Court, and of the value of [ten rupees] in the case of vakalath filed before subordinate courts, tribunals or other authorities, and no vakalath shall be valid unless it is so stamped:
Provided that nothing contained in this sub-section shall apply in respect of any memorandum of appearance filed by an advocate appearing on behalf of the Government.
Explanation.- If three or more advocates jointly appear by a single vakalath, the maximum number of stamps that may be affixed thereon shall be three.]
(2) The value of the stamp shall neither be costs in the case nor be collected in any event from the client.
(3) Any contravention of
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
(2) No suit or other legal proceeding shall lie against the Trustee Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
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 Bar Council.
The Trustee Committee and the Bar Council shall, for the purposes 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.
The Bar Council may, with the previous approval of the Government, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
Schedule - SCHEDULE
SCHEDULE
(See sections 9 and 16)
32 years practice Rs. 3,00,000
31 " Rs. 2,90,625
30 " Rs. 2,81,250
29 " Rs. 2,71,875
28 " Rs. 2,62,500
27 " Rs. 2,53,125
26 " Rs. 2,43,750
25 " Rs. 2,34,375
24 " Rs. 2,25,000
23 " Rs. 2,15,625
22 " Rs. 2,06,250
21 " Rs. 1,96,875
20 " Rs. 1,87,500
19 " Rs. 1,78,125
18 " Rs. 1,68,750
17 " Rs.
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