In exercise of the powers conferred by sub section (1) of Section 24 of the Andhra Pradesh Advocates Clerks Welfare Fund Act, 1992 (Act No.13 of 1992), the Governor of Andhra Pradesh hereby makes the following rules.

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R.1 A

These rules may be called the Andhra Pradesh Advocates Clerks Welfare Fund Rules, 1992.

R.2 A

In these rules, unless the context otherwise requires, -

(a) Act means the Andhra Pradesh Advocates Clerks Welfare Fund Act, 1992;

(b) Applicant means an Advocate clerk or any other person applying to the Committee for financial assistance under these rules;

(c) Committee means the Committee established under sub section (1) of Section 4 of the Act :

(d) Death Benefit means the grant to be given by the Committee from and out of the fund in the event of the death of an Advocate s Clerk;

(e) Indigent Advocates Clerk means an Advocate clerk who by reason of any physical or mental or other infirmity is unable to work for a continuous period of three months and whose annual income from all known sources does not exceed Rs. 6.000 ;

(f) Disabled Advocates Clerk means an Advocate clerk who by reason of any physical or ment


R.3 A

Every application for recognition and registration of the Advocates Clerks Association under Section 13 of the Act shall be made in Form No. 1 to the Committee.




R.4 A

The Committee shall after following the procedure prescribed by them and holding such enquiry as they deem fit issue a certificate of Recognition and Registration of the Advocates Clerks Association in Form No. 2.




R.5 A

(1) Every Advocate's clerk who is a member of Advocates Clerks Association recognised by the Committee shall apply to the Committee for admission as a member of the Fund in Form No. 3 by paying the fee as provided in sub-section (3) of Section 16 of the Act.

(2) Every member who retires shall intimate that fact as required under sub section (9) of Section 15 of the Act failing which five per cent of the retirement benefits in case the failure does not exceed a period of one year and where the failure exceeds one year ten per cent of the retirement benefits shall be reduced.




R.6 A

* [ The Advocates shall deposit the amount in lieu of Welfare Fund Stamps in the on line account of the Andhra Pradesh Advocates and their Clerks Welfare Fund either in State Bank of Hyderabad, State Bank of India or Andhra Bank.]




R.7 A

* [ The operation of the on line accounts of the State Bank of Hyderabad, State Bank of India and Andhra Bank will be only at the Branches, where the Savings Bank Accounts of Andhra Pradesh Advocates- and their Clerks- Welfare Fund are opened.]

* [x x x x x x]




R.11 A

Any clerk who is registered in the manner prescribed in any circular issued by the High Court as authorised Advocate s Clerk in the High Court and any clerk who is recognised as Advocate s Clerk by any District Judge and any clerk who is a recognised clerk under the rules regarding Pleaders Clerks in moffusil civil and criminal courts shall be a recognised clerk for the purposes of the Andhra Pradesh Advocates Clerks Welfare Fund Act, 1992.




R.12 A

The Committee shall exercise all such powers relating to executive and administrative functions and such powers, may include: -

(a) to administer, manage and invest the fund of the Committee;

(b) to receive any voluntary donation or contribution made to the fund by the Bar Council of Andhra Pradesh, any Bar Association, any other Associations or Institutions, any advocate or any other person;

(c) to receive any grant made by the Central Government or the State Government to the Fund;

(d) to borrow any sum under Section 10;

(e) to receive any interest or dividends or other return on an


R.13 A

The Chairman shall have power to, -

(a) appoint such staff as may be necessary to carryout the functions of the Committee from time to time and prescribe their qualifications and fixing their remuneration from time to time; and

(b) nominate under Section 4(3) (f) of the Act three members, as far as possible, one each from the three regions of the State * [.....]




R.13-A A

*[The rules relating to the staff of Bar Council of Andhra Pradesh shall apply to the staff of the Andhra Pradesh Advocates' Clerks' Welfare Fund Committee.]




R.14 A

In the event of death of an Advocate's Clerk, who is a member of the Fund, his * [nominee] shall be eligible for the grant of "Death Benefit" to be specified by the Committee from time to time.




R.15 A

Every application for the grant of "Death Benefit" shall be preferred in Form No.5 as early as possible after the death of Advocate's Clerk but not later than six months of such death, by any * [nominee/nominees] of the said Advocate s clerk to the Committee along with the Death Certificate and the recommendation of the Advocates Clerks Association of the court or the place where the deceased Advocate's Clerk ordinarily worked prior to his death.

* [Provided that the Committee may condone the delay in preferring application for good and sufficient reasons.]

R.16 A

On receipt of an application for "Death Benefit" the committee shall consider the same together with the recommendation of the Advocates Clerks Association and any further information obtained in this regard and thereupon grant the death benefit.




R.17 A

Every member shall sign a declaration in Form 4 specifying his nominee or nominees in the case of his death. A member shall be at liberty to change his nominee or nominees in which case, the fund becomes payable only to the last of the nominees and a receipt by such nominee or nominees shall be complete discharge of all liabilities in respect of the Fund.




R.18 A

If a member nominates more than one person, he must, specify in the declaration form, the proportion in which the amount payable shall be distributed among them.




R.19 A

In the case of death without nomination, the fund becomes payable to his * [dependents].




R.20 A

No member shall be entitled to assign or encumber the fund before it becomes payable.




R.21 A

The computation period for purpose of sub section (4) of Section 16 of the Act shall be confined to 30 years on production of years service issued by the Registrar or District Judge, as the case may be, even if the service of the Advocate s Clerk is more than 30 years.




R.22 A

Any member of the fund who retires and later opts for re admission to the fund shall not be entitled for Death Benefit.




R.23 A

In the event of an Advocate s Clerk, who is member of the Fund temporarily becomes indigent or disabled, he shall be eligible for the grant of financial assistance to be specified by the Committee from time to time.




R.24 A

Every application for the financial assistance by a disabled or indigent Advocates Clerks shall be preferred in Form No.6 accompanied by a Medical certificate together with the recommendation of the Advocates Clerks Association of the place where the concerned Advocate s Clerk is ordinarily working.




R.25 A

The Committee shall grant to the indigent or disabled Advocate s Clerk such an amount as it considers fit, depending upon the age of the Advocate s Clerk, seniority, the number of dependants in the family, the nature of treatment if any required and the funds available with the Committee and any other factor that may be brought to the notice of the Committee. The grant may be either in instalments or in lumpsum.




R.26 A

The grant of the financial assistance to an indigent and or disabled Advocate's Clerk shall be sanctioned for one year in the first instance and may be paid by lumpsum or on a monthly basis to the Advocate's Clerk concerned directly or by an account payee cheque or draft in favour of the Advocate s Clerk concerned as per his instructions.




R.27 A

Where the committee gives the financial assistance and subsequently finds that the evidence adduced by the applicant for the grant was false, the Committee may call upon the applicant to refund the entire amount given as assistance with such interest as it may deem fit and the applicant shall comply with such direction.




R.28 A

Any money received on behalf of the Committee shall be acknowledged by a receipt signed by the Secretary or any other person authorised by the Committee in this behalf. All amounts received shall be credited into the Account of the Committee which shall be in any Scheduled Bank on the next working day of the Bank.




R.29 A

Expenditure of Rs.500 and above shall ordinarily be made by cheque.




R.30 A

Bills presented for payment shall be examined by the Secretary and on his being satisfied that the claim is admissible, and the payment is duly authorised, he shall pay the amount after obtaining a receipt. The entry in the Account Book shall be shown if the payment is by cash or by cheque.




R.31 A

The Accountant shall maintain an acquittance register. The disbursements shall be made in the presence of the Secretary, who shall attest the payment in the acquittance register. The Accountant shall submit the acquittance roll along with the salary cheque of the staff of the Committee on the last working day of the month for which the salary is drawn and obtain the Treasurer's signature in taken of sanction.




R.32 A

All monies received and spent shall immediately be brought to account in a day book and ledger. The cash book shall be balanced at the close of every month and signed by the Secretary and the Accountant.




R.33 A

(1) The Chairman shall have authority to sanction an expenditure of a contingent nature not exceeding Rs.5,000 which shall be placed before the committee for ratification at its next meeting. He shall be the authority competent to sanction T.A. Bills of the members. Any capital expenditure shall not be incurred without the previous sanction of the Committee.

(2) Every member of the committee attending a meeting of the Committee shall be entitled to a travelling allowance equivalent to second class rail fare to and fro or bus fare to and fro and a sum of rupees fifty per day as daily allowance for each day of stay at Hyderabad.




R.34 A

The accounts of the Committee shall be audited once in a year by a Chartered Accountant appointed by the Committee.




R.35 A

The statement of Income and Expenditure of the year so audited shall be laid before the committee not later than the 30th June of each year.




R.36 A

Budget estimates of income and expenditure for the comming year shall be made by the Committee before the 31st March of every year.




R.37 A

The powers of Secretary shall be: - 

(a) to carry out the orders of the Chairman and of the Committee;

(b) to maintain discipline and integrity among the members of the staff;

(c) to conduct the official correspondence;

(d) to be responsible for proper and uptodate maintenance of a Register of members of the fund and all books of account and registers directed to be maintained by the Committee from time to time.

(e) to grant certified copies of any proceedings of the Committee or any document or record, deposition or order on payment of such fee as applicable for obtaining copies of the Committee;

(f) to be the custodian of records, registers, accounts, furniture and the common seal and such other property as the Committee might acquire from time to time;

(g) to issue a certi