TAMIL NADU ADVOCATES WELFARE FUND ACT, 1987

Act No. 49 of 1987

03rd December, 1987

An Act to provide for the constitution of a welfare fund for the benefit of advocates on cessation of practice and for matters connected therewith or incidental thereto in the State of Tamil Nadu. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic of India as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the Tamil Nadu Advocates Welfare Fund Act, 1987.

(2) It extends to the whole of the State of Tamil Nadu.

(3) This Act, except clause (a) of sub-section (2) of section 3 and section 12, shall come into force at once and clause (a) of sub-section (2) of section 3 and section 12 shall come into force on such date as the Government may, by notification, appoint.

S.2 Definitions

In this Act, unless the context otherwise requires,--

(a) "advocate" means a person whose name has been entered in the roll of advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act 1961 (Central Act 25 of 1961) and who is a member of a Bar Association or an Advocates Association;
(b) "Advocates Association" means an association of advocates recognised by the Bar Council under section 13;
(c) "Bar Association" means an association of advocates recognised by the Bar Council under section 13;
(d) "Bar Council" means the Bar Council of Tamil Nadu constituted under section 3 of the Advocates Act, 1961 (Central Act 25 of 1961);
(e) "cessation of practice" means removal of the name of an advocate from the State roll under section 26-A of the Advocates Act. 1961 (Central Act 25 of 1961);
(f) "dependents" means the spouse, parent and minor children or such of them as exist;
(g) "Fund" mea

S.3 Advocates Welfare Fund

(1) The Government shall constitute a fund called the Tamil Nadu 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 Advocates Association or other association or institution, or any advocate or other person;
(d) any grant made by the Government to the Fund;
(e) any sum borrowed under section 10;
(f) all sums collected under section 15;
(g) all sums received from the Life Insurance Corporation of India on the death of an advocate under a Group Insurance Policy;
(h) any profit or dividend or refund received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
(i) any interest or dividend or other r

S.4 Establishment of Trustee Committee

(1) With effect on and from such date as the Government may, by notification, appoint in this behalf, there shall be established a Committee by the name the Tamil Nadu Advocates Welfare Fund Trustee Committee.

(2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.

(3) The Trustee Committee shall consist of--

(a) the Advocate-General of the State of Tamil Nadu, who shall be the Chairman of the Trustee Committee, Ex-Officio;
(b) the Secretary to the Government in Law Department, Ex-Officio;
(c) the Secretary to the Government in Home Department, Ex-Officio;
(d) the Government Pleader or the Public Prosecutor, as may be nominated by the Government;
(e) three members of the Bar Council nominated by it for a period of three years; and
(f) the Secretary of the Bar Council who sh

S.5 Disqualification and removal of nominated member of Trustee Committee

(1) A person shall be disqualified for being nominated under clause (e) of sub-section (3) of section 4 as, and for being, 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:

Provided that the member ceasing to hold office under this clause may be restored by the Trustee Committee, if such member makes an application for the condonation of the absence; or

(d) is a defaulter to the Fund (in case he is a member of the Fund); or
(e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside; or
(f) ceases to practise as an advocate.

(2) The Government may remove any member who is or has become disqualified under sub-section (1) from the membership of the Trustee Committee:

S.6 Resignation by nominated members of Trustee Committee and filling up of casual vacancies

(1) Any member nominated under clause (e) of sub-section (3) of section 4 may resign his office by giving three months notice in writing to the Bar Council and on such resignation being accepted by the Bar Council such member shall vacate his office.

(2) A casual vacancy in the office of a member who has resigned, may be filled up, as soon as may be, by the Bar Council, and a member so nominated shall hold office only so long as the member in whose, place he is nominated would have been entitled to hold office if the vacancy did not occur.

S.7 Act of Trustee Committee not to be invalidated by vacancy, defect, etc

No act done or no proceeding taken by or under this Act by the Trustee Committee shall be invalidated merely by reason of--

(a) any vacancy or defect in the constitution of the committee; or
(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.

S.8 Vesting 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.

S.9 Functions of Trustee Committee

(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 thereunder,--

(a) hold the amounts and assets belonging to the Fund in trust;
(b) receive applications for admission or re-admission to the Fund, and dispose of such applications within ninety days from the date of receipt thereof;
(c) receive applications from the members of the Fund, their nominees or legal heirs, as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary and dispose of the applications within five months from the date of receipt thereof;
(d) record in the minutes book of the Trustee Committee its decisions on the applications:
(e) pay to the applicants amounts at the rates specified in the Schedule;
(f) send such periodical and annual reports as may be prescribed, to the Government and the Ba

S.10 Funds, borrowing and investment

(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 accounts of the Trustee Committee shall be audited annually by a Chartered Accountant appointed by the Bar Council.

(5) The accounts of the Trustee Committee, as certified by the auditor, together with the audit

S.11 Powers 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 decisions;
(b) represent the Trustee Committee in all suits and proceedings for and against the Trustee Committer;
(c) authenticate by his signature all decisions and instructions of the Trustee Committee;
(d) operate the bank accounts of the Trustee Committee jointly with Chairman;
(e) convene 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) prepare an annual statement of business transacted by the Trustee Committee during each financial year; and
(i) do such other acts as may be directed by the

S.12 Transfer of certain monies to the Fund

The Bar Council shall pay to the Fund annually an amount equal to twenty per cent of the enrolment fees realised by it.

S.13 Recognition by Bar Council of any association of advocates

(1) (a) 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 to be notified by the Bar Council in this behalf, apply for recognition to the Bar Council in such form as may be prescribed.

(b) Any association of advocates known by any name which is registered as an association on or after the date of commencement of this Act may, within three months from the date of its registration as an association, apply for recognition to the Bar Council in such form as may be prescribed.

(2) Every application for recognition shall be accompanied by the rules or bye-laws of the association, names and addresses of the office bearers of the association and an upto 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

S.14 Dulles of Bar Associations and Advocates Associations

(1) Every Bar Association and Advocates Association shall, on or before the 15th April of every year, furnish to the Bar Council a list of its members as on the 31st March of that year.

(2) Every Bar Association and Advocates Association shall inform the Bar Council of--

(a) any change in the membership including admissions and re-admissions within thirty days of such change;
(b) the death or other cessation of practice or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; and
(c) such other matters as may be required by the Bar Council from time to time.

S.15 Membership in the Fund

(1) Every advocate practising in any court in the State and being a member of a Bar Association or an Advocates Association may 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-section (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.

(3) Every applicant shall pay an application fee of two hundred rupees along with the application to the account of the Trustee Committee.

(4) Every member of the Fund shall pay an annual subscription to the Fund on or before the 31st March of every year at the following rates, namely:--

Standing of the advocate at the Bar	Rate

S.16 Payment 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 the rate specified in the Schedule:

Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of five years from the date of his admission as a member of the Fund as a result of any permanent disability, the Trustee Committee may pay the member of the Fund an amount at the rate specified in the Schedule.

(2) Where a member of the Fund dies before receiving the amount payable under sub-section (1), his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund.

S.17 Restriction on alienation, attachment, etc., of interest of member in the Fund

(1) The interest of any member in the Fund, or the right of a member of the Fund 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 the State, or an official assignee or official receiver appointed under the law relating to insolvency for the time being in force.

S.18 Group Life Insurance for members and other benefits

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 on the life of the members of the Fund;
(b) provide in such manner as may be prescribed for medical and educational facilities for the members of the Fund and their dependents; and
(c) provide for such other benefits as may be prescribed.

S.19 Meetings of Trustee Committee

(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 and the rules made thereunder.

(2) Three 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 from among the members present, 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 cafe of an equality of votes, the Chairman or the member presiding over the meeting shall have a casting vote.

S.20 Travelling and daily allowances to members of trustee Committee

The non-official members of the Trustee Committee shall be entitled to be paid such travelling allowance and daily allowance as are admissible to the members of the Bar Council.

S.21 Appeal against decisions of Trustee Committee

(1) An appeal 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) a copy of the order appealed against; and
(b) a receipt evidencing payment of twenty-five rupees to the credit of the Bar Council in any of the branches of the State Bank of India in Tamil Nadu.

(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.

S.22 Printing and distribution of Advocates Welfare Fund Stamps by Bar Council

(1) The Government shall, on a, request made by the Bar Council in this behalf cause to be printed and distributed welfare fund stamps of the value of one rupee inscribed "Tamil Nadu Advocates Welfare Fund Stamp" in such design as may be prescribed.

(2) The stamps shall be of the size 2.54 c.m. by 5.08 c.m. and sold only to members of the Fund.

(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 the Bar Associations and Advocates Associations.

(5) The Bar Council, the Bar Associations and Advocates Associations shall keep proper accounts of the stamps in such form and in such manner as may be prescribed.

(6) The Bar Associations and Advocates Associations shall purchase the stamps from the Bar Council after paying the value thereof less ten per cent of such value towards incidental expenses.

S.23 Vakalathnama to bear stamps

(1) Every member of the Fund shall affix one stamp on every Vakalathnama filed by him.

(2) The value of the stamp shall neither be costs in a case nor be collected in any event from the client.

(3) Any contravention of the provisions of sub-section (1) or sub-section (2) by any member of the Fund shall disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall report such instances to the Bar Council for appropriate action.

(4) Every stamp affixed on vakalathnama filed before any court tribunal or other authority shall be cancelled in such manner as may be prescribed.

S.24 Protection of action taken in good faith

(1) No suit, prosecution or other legal proceedings 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 Government or 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.

S.25 Bar 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 settled, decided or dealt with or to be determined by the Trustee Committee or the Bar Council.

S.26 Power to summon witnesses and take evidence

The Trustee Committee and the 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 (Central Act V of 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.

S.27 Power to make rules

The Bar Council may, with the previous approval of the Government, by notification, make rules for the purpose of carrying into effect the provisions of this Act.