ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987
33 of 1987
An Act to provide for the constitution of a Welfare Fund for the benefit of advocates in the State of Andhra Pradesh and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Thirty-eighth year of the Republic of India, as follows :-
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Advocates Welfare Fund Act, 1987.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by notification, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires,-
(a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Andhra Pradesh under Section 17 of the Advocates Act, 1961 and who is practising as an advocate in the State of Andhra Pradesh ;
(b) "Bar Association" means an Association of Advocates recognised by the Bar Council under Section 13 ;
(c) "Bar Council" means the Bar Council of Andhra Pradesh constituted under Section 3 of the Advocate's Act, 1961 (Central Act 25 of 1961);
(d) "cessation of practice" means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his retirement or on death or on grounds of professional misconduct ;
(e) "dependent" means wife, husband, father, mother and unmarried minor children or such of them as exist ;
(f) "Fund" means the Andhra Pradesh Advocates Welfare Fund constituted under Section 3 ;
(g) "Government" means the State Government ;
(h) "member of the fund" means an advocate admitted to the benefit of the fund and continuing to be a member thereof under the provisions of this Act ;
(i) "notification" means a notification published in the Andhra Pradesh Gazette, and the word "notified" shall be construed accordingly ;
(j) "prescribed" means prescribed by rules made under this Act ;
(k) "retirement" means stoppage of practice as an advocate for reasons other than joining service or for carrying on any other gainful occupation, communicated to and recorded by the Bar Council ;
(l) "Stamp" means the Andhra Pradesh Welfare Fund Stamp issued by the Government under Section 12 ;
(m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar council for misconduct;
(n) "Welfare Fund Committee" means the Committee established under Section 4;
(o) "Vakalat" means a Vakalatnama, memorandum of appearance or by any other document by which an advocate or any other legal practitioner is empowered to appear and plead before any court, tribunal, authority or person.
Section 3 Advocates Welfare Fund
(1) With effect on and from the commencement of this Act the Government shall, by notification, constitute a fund to be called the Andhra Pradesh Advocate's Welfare Fund.
(2) There shall be credited to the Fund-
(a) all amounts paid under Section 12 ;
(b) any 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 Central Government or the State Government to the Fund;
(e) any sum borrowed under Section 10 ;
(f) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of group insurance of the members of the Fund ;
(g) any interest or dividend or other return on any investment made of any part of the Fund ;
(h) all sums collected under Section 15 by way of application fees and annual subscriptions and interest thereon.
(3) The sums specified in sub section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained in such manner, as may be prescribed.
Section 4 Establishment of Welfare Fund Committee
(1) The Government may, by notification, establish with effect on and from such date as may be specified therein, a committee to be called the Andhra Pradesh Advocates Welfare Fund Committee;
(2) The committee shall be a body corporate having perpetual succession and common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.
(3) The Committee shall consist of -
(a) The Chairman of the Bar Council who shall be the Chairman of the Welfare Fund Committee, ex-officio;
(b) the Advocate- General of Andhra Pradesh, ex-officio;
(c) the Secretary to Government, Law and Legislative Affairs, ex-officio;
(d) the Secretary to Government, Law (Courts), ex-officio;
(e) the Secretary to Government, Revenue Department, ex-officio ;
(f) the Registrar, High Court of Andhra Pradesh, ex-officio ;
(g) three members nominated by the Bar Council one from amongst its members, as far as possible one each from the regions of Coastal Andhra, Telangana and Rayalseema of whom one shall be nominated by the Committee as the Treasurer of the Fund.
(h) The Secretary to the Bar Council who shall be Secretary, ex-officio of the Welfare Fund Committee without voting rights. {
Provided that the secretary shall be paid such sum as honorarium from the Advocates Welfare Fund as the Committee may determine from time to time, for the services rendered by him.}
(4) A member elected from the Bar Council under clause (g) of sub-section (3) shall hold office for a term of five years or for the duration of his membership in the Bar Council, whichever is l
Section 5 Disqualification and removal of elected members of Welfare Committee
A member elected under clause (g) of sub-section (3) of Section 4 shall be disqualified to be a member of the Committee, and cease to be such member, if he-
(a) becomes of unsound mind :
(b) is adjudged insolvent ;
(c) is absent without leave of the Committee for more than three consecutive meetings of the Committee ;
(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.
Section 6 Resignation by elected member of the committee and filling up of casual vacancies
(1) Any member elected under clause (g) of sub-section (3) of Section 4 may resign his office by giving three month's notice in writing to the Chairman of the Welfare Fund Committee and on such resignation being accepted by the said Chairman, he shall be deemed to have vacated his office ;
(2) Any casual vacancy in the office of a member referred to in sub-section (1) shall be filled up, as soon as may be, and a member so elected to fill such vacancy shall hold office for the residue of the term of his predecessor.
Section 7 Act of committee not to be invalidated by defect, etc
No act done or proceeding taken under this Act or the rules made thereunder by the Committee shall be invalidated merely by reasons of-
(a) any vacancy or defect in the constitution of the Committee; or
(b) any defect or irregularity in the election of any person as a member thereof;
(c) any defect or irregularity in such act or proceeding not affecting the merits of the case.
Section 8 Vesting and application of Fund
The Fund shall vest in and be held and applied by the Committee subject to the provisions, and for the purposes of this Act.
Section 9 Function of the Committee
(1) It shall be the duty of the Committee to administer the Fund
.
(2) In the administration of the Fund the Committee shall subject to the provisions of this Act and the rules made thereunder-
(a) hold the amounts and assets belonging to the Fund ;
(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 representative 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 months from the date of receipt thereof;
(d) record in the minutes books of the committee its decisions on the application ;
(e) pay to the applicants amounts at the rates specified in the Schedule;
(f) maintain such accounts and books and send such periodicals and annual reports to the Government and the Bar Council, as may be prescribed;
(g) communicate to the applicants {under certificate of posting} the decisions of the committee in respect of applications for admission or re admission to the Fund or claims to the benefit of the Fund;
(h) do such other acts as are, or may be, required to be done under this Act and the rules made thereunder.
Section 10 Borrowing and investment of Funds
(1) The committee may with the prior approval of the Bar Council, borrow, from time to time, any sum required for carrying out the purpose of this Act.
(2) The committee shall deposit all moneys and receipts forming part of the Fund in any scheduled bank as defined in the Reserve Bank of India Act, 1934 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 and books maintained by the {welfare fund committee} shall be audited annually by a Chartered Accountant appointed by {the said Committee}
(5) The accounts, as certified by the auditor, together with audit report thereon, shall be forwarded to the Bar Council by the committee and the Bar Council may issue such directions as it deems fit to the committee in respect thereof.
(6) The committee shall comply with the directions issued by the Bar Council under sub-section (5).
Section 11 Powers and duties of Secretary
The Secretary of the committee shall-
(a) be the Chief Executive authority of the committee and responsible for carrying out its decisions;
(b) represent the committee in all suits and proceedings for and against the committee;
(c) authenticate by his signature all decisions and instructions of the committee;
(d) operate the bank accounts of the committee jointly with the Treasurer;
(e) convene meetings of the committee and prepare its minutes;
(f) attend the meetings of the 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 committee;
(h) prepare an annual statement of business transacted by the committee during each financial year; and
(i) do such other acts as may be directed by the committee and the Bar Council .
Section 12 Andhra Pradesh Advocates Welfare Fund Stamp
(1) There shall be printed or cause to be printed by the {Commissioner and Inspector-General of Registration and Stamps, Andhra Pradesh, Hyderabad}, in such form and in such manner as may be prescribed by rules, stamp inscribed as "the Andhra Pradesh Advocates Welfare Fund", each of the value of {six rupees.
} {
(2) Every vakalat filed before any Court, authority, Tribunal or person,except a vakalat filed by any law officer appointed by the Government, shall be affixed with a stamp as specified in sub-section (1) and no vakalat shall be valid or accepted without such stamp:
Provided that the Government may make a grant of such sum of money in every financial year as may be determined by it from time to time by way of compensation for the exemption from affixing the stamp on the vakalats field by any law officer appointed by the Government: Provided futher that such grant shall be apportioned between the Andhra Pradesh Advocates' Welfare Fund and Andhra Pradesh Advocates' Clerks' Welfare Fund in the same manner as specified in Section 12-A}
(3) The person or authority receiving a vakalat with such stamp shall, forthwith effect cancellation of the stamp by punching out the same.
(4) {The work relating to the printing, custody and distribution of the 'Nyayavadula Mariyu vari Gumasthala Samkshema Nidhi Stamps shall be with the Commissioner and Inspector-General of Registration and Stamps, Andhra Pradesh, Hyderabad} and, the supply and sale of stamps shall be effected in such manner as may be prescribed. The proceeds of the stamp duty collected under sub-section (2) reduced by the cost of printing as determined by the Government, after due appropriation by the Legislative Assembly of the State by law shall be credited into the Fund.
Section 12A Combined stamp for Advocates' Welfare Fund and Advocates' Clerks' Welfare Fund
Notwithstanding anything contained in section 12, it shall be competent for the Government to print or cause to be printed a combined stamp superscribed in Telugu language as "Nyayavadula Mariyu Vari Gumasthala Samkshema Nidhi" for the Andhra Pradesh Advocates' Welfare Fund and for the Andhra Pradesh Advocates' Clerks' Welfare Fund constituted under the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 of the { value of rupees twelve out of which a sum of rupees nine shall be credited to the Andhra Pradesh Advocates' Welfare Fund and rupees three} shall be credited to the Andhra Pradesh Advocates' Clerks' Welfare Fund and where such a combined stamp is affixed on the vakalat the provisions of sub-section (2) of section 12 shall be deemed to have been complied with.
Section 13 Recognition and Registration of Bar Association
(1) All associations of advocates known by any name functioning in any court headquarters may, before a date to be notified by the Bar Council in this behalf, apply to the Bar Council in such form as may be prescribed, for recognition and registration as a Bar Association under this Act.
(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 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 such member.
(3) The Bar Council may, after such enquiry as it deems necessary, recognise the association as a Bar Association and issue a certificate of registration in such form as may be prescribed .
(4) The decision of the Bar Council regarding the recognition and registration of a Bar Association shall be final.
Section 14 Duties of Bar Association
(1) Every Bar Association shall, on or before the 15th April of 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 admission and re admission 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 occurrance thereof; and
(d) such other matters as may be required by Bar Council from time to time .
Section 15 Membership of the Fund
(1) {Every advocate below the age of 65 years}practicing in any court in the State and being a member of a Bar Association recognised by the Bar Council may apply to the 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 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 one hundred rupees to the account of the committee at the time of admission.
(4) In the event of rejection of the application, the admission fee paid along with the application shall be refunded to the applicant.
{
(5)
(a)Where an Advocate is admitted as a member of the fund he shall pay to the Fund an amount of rupees one thousand towards the subscription for membership either in one instalment or two half yearly instalments of rupees five hundred each within one year from the date of admission and on such payment the membership of the Advocate concerned shall, subject to the prvoisions of sub-section (12) be for his life.
(b) Where an Advocate has already been admitted as a life-member prior to the commencement of the Andhra pradesh Advocates' Welfare Fund (Amendment) Act, 1994, he shall be deemed to have been admitted as a member under this section and shall continue to be such member.
(c) Where an Advocate has been admitted and continuing as a member on payment of annual subscription prior to the commencement of the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1994, he shall cease to be such member unless he pays a sum of rupees one thousand in one instalment or two half yearly instalments within a period of one year from the date on which he would have been liable to pay annual subscription but for the amendment made by the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1994: Provided that the annual subscription if any paid by such member prior to such commencment shall be deducted from the amount of rupees one thousand payable under this clause and he shall be liable to pay only the balance of the amount in the manner decided by the Committee.
(d) Where a member ceases to practice he shall not be entitled for the refund of the subscription paid under this sub-section.
}"
(8) Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more dependents the right to receive the amount which may be due to him from the Fund in the event of his death before the amount has been paid to him.
(9) If a member nominated more than one person under sub section (8), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may be paid to him.
(10) A member may at any time cancel a nomination by sending a notice in writing to the committee along with a fresh nomination.
(11) Every member who voluntarily suspends practice or retires shall within three months of such suspension or retirement, intimate that fact to the committee and if any member fails to do so without sufficient reason, the committee may, reduce, in accordance with such principles as may be prescribed, the amount due to that member.
{
(12) Where on receipt of a complaint or otherwise the Committee has reason to believe that any advocate secured admission as a member of the Fund by misrepresentation, fraud or undue influence, it shall be competent for the Committee to remove the name of such Advocate from the membership of the Fund: Provided that no order under this sub section shall be passed unless the person likely to be adversely affected has had an opportunity of being heard.
Section 15A Retired person is not eligible for membership
A person retired from the service of Central Governament, State Governament or from any Corparation under the Provisions of Indian Companies Act, 1956 and drawing pension and practising as an advocate shall not be admitted to the membership of the Fund.
Section 16 Payment from the Fund on cessation {or suspension}of practice
(1) A member of the Fund shall, {on cessation of practice or suspension of practice} be entitled to receive from and out of the Fund an amount at the rate specified in the Schedule.
{
(2) In the event of death of a member a consolidated amount as determined by the Welfare Fund Committee in the manner prescribed shall be paid to the nominee or, where there is no nominee, to his dependents. Explanation:- For the purposes of this sub-section the word "dependent" means any of the following relatives of deceased member, namely:-
(i) a widow, a minor legitimate son, and unmarried legitimate daughter or a widowed mother ; and
(ii) if wholly dependent on the earnings of the member at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm
}
(3) A member of the Fund may opt for retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re admission to the fund as a new member subject to such conditions as may be prescribed:
Provided that a member suffering from permanent disablement shall be allowed to retire within five years of his admission to Fund.
(4) For calculating the period of completed years of practice for the purpose of payment under this Act, every four years of practice at the Bar, if any before the admission of a member to the Fund shall be computed as one year of practice and added on to the number of years of practice after such admission.
{(5)..........}
(6) An application for payment from the Fund shall be preferred to the committee in such form as may be prescribed
(7) An application received under sub-section (6), shall be disposed of by the committee after such enquiry as it deems necessary.
Section 17 Restriction on alienation, attachment etc , of interest of member in Fund
(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, financial institutions 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 purpose of this section, "creditor" includes the Government or an official assignee or receiver appointed under the Provincial Insolvency Act, 1920 or any other law for the time being in force.
Section 18 Group Life Insurance for members and other benefits
The Welfare Fund Committee 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 a policy of Provident Fund for the members of the Fund;
(c) provide for medical facilities for the members of the Fund and their spouses; and
(d) provide for such other benefits as may be prescribed.
Section 19 Meetings of the Committee
(1) The Committee shall meet at least once in three months or more often if found necessary to transact business under this Act or the rules made thereunder.
(2) Five members of the Committee shall form the quorum for a meeting of the Committee.
(3) The Chairman or in his absence, a member elected by the members present at the meeting shall preside over a meeting of the Committee .
(4) Any matter coming up before a meeting of the 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 and exercise a casting vote .
Section 20 Travelling and daily allowances to members of Committee
The elected members of the committee shall be eligible to get such travelling allowance and daily allowance as are admissible to the members of the Bar Council.
Section 21 Review
(1) The Committee may suo moto at any time or on an application received from any person interested within ninety days of the passing of any order under the provisions of this Act, review any such order, if it was passed by them under any mistake, whether of fact or of law or in ignorance of any material fact:
Provided that the Committee shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation.
(2) All the appeals pending before the Bar Council on the date of commencement of the Andhra Pradesh Advocates Welfare Fund (Amendment) Act, 1992 shall abate.
(3) Where an appeal stands abated under sub-section (2) the appellant shall be entitled to prefer an application before the Committee for review under sub section (1) within ninety days from the date of commencement of the Andhra Pradesh Advocates Welfare Fund (Amendment) Act, 1992.
Section 22 Protection of action taken in good faith
(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 other legal proceedings shall lie against the 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.
Section 23 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 Committee or the Bar Council.
Section 24 Power to summon witnesses and take evidence
The 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 (IV 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.
Section 24A Powers to amend Schedule
(1) The Government may, by notification, alter the schedule.
(2) Where a notification has been issued under sub-section (1), there shall unless the notification is in the meantime rescinded, be introduced in the Legislative Assembly as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration of the schedule specified in the notification, and the notification shall cease to have effect when such bill becomes law, whether with or without modification, but without prejudice to the validity of anything previously done thereunder :
Provided that if the notification under sub-section (1) is issued when the Legislative Assembly is in session, such a Bill shall be introduced in the Legislative Assembly during that session;
Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislative Assembly, the notification shall cease to have effect on the expiration of the said period of six months.
(3) All references made in this Act to the Schedule shall be construed as relating to the Schedule as for the time being amended in exercise of the powers conferred by this section}.
Section 25 Power of the Bar Council to make rules
The Bar Council may, with previous approval of the Government, by notification, make rules for the purpose of carrying into effect all or any of the provisions of this Act.
Section 26 Power to make rules
(1) The Government may, by notification, make rules for carrying out the purposes of this Act.
(2) Every rule made under the Act, shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if it is not session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, form the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
(See Sections 9 and 16)
Sl.No
Years of Standing
Amount
Payable
(1)
(2)
(3)
1.
30 years' standing
Rs. 60,000
2.
29 years' standing
Rs. 58,000
3.
28 years' standing
Rs. 56,000
4.
27 years' standing
Rs. 54,000
5.
26 years' standing
Rs. 52,000
6.
25 years' standing
Rs. 50,000
7.
24 years' standing
Rs. 48,000
8.
23 years' standing
Rs. 46,000
9.
22 years' standing
Rs. 44,000
10.
21 years' standing
Rs . 42,000
11.
20 years' standing
Rs . 40,000
12.
19 years' standing
Rs.38,000
13.
18 years' standing
Rs .36,000
14.
17 years' standing
Rs .34,000
15.
16 years standing
Rs. 32,000
16.
15 years standing
Rs. 30,000
17.
14 years standing
Rs. 28,000
18.
13 years standing
Rs. 26,000
19.
12 years standing
Rs. 24,000
20.
11 years standing
Rs. 22,000
21.
10 years standing
Rs. 20,000
22.
9 years standing
Rs. 18,000
23.
8 years standing
Rs. 16,000
24.
7 years standing
Rs. 14,000
25.
6 years standing
Rs. 12,000
26.
5 years standing
Rs. 10,000
RULE:
ANDHRA PRADESH ADVOCATES WELFARE FUND RULES, 1989
In the exercise of the powers conferred by sub section (1) of Section 26 of the Andhra Pradesh Advocates Welfare Fund Act, 1987 (Act No. 33 of 1987), the Governor of Andhra Pradesh hereby makes the following rules;
CHAPTER 1 CHAPTER
Rule 1
(1) These rules may be called the Andhra Pradesh Advocates Welfare Fund Rules 1989.
(2) These rules shall be deemed to have come into force with effect on and from the 20th February, 1989.
Rule 2
In these rules, unless the context otherwise requiries, 197
(a) Act means the Andhra Pradesh Advocates Welfare Fund Act, 1987 (Act No. 33 of 1987);
(b) Committee means the Committee established under sub section (1) of Section 4 of the Act;
(c) 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;
(d) Applicant means an advocate or any other person applying to the Committee for Financial Assistance under these rules;
(e) Indigent Advocate means an advocate who is unable to maintain himself and his family and whose annual income from all known sources does not exceed Rs. 12,000 ;
(f) Disabled Advocate means an Advocate who by reason of any physical or mental or other infirmity is unable to practice for a continuous period of three months and whose annual income from all known sources does not exceed Rs.12,000.
CHAPTER 2 Recognition and Registration of the Bar Associations
Rule 3
Every application for recognition and registration of the Bar Association under Section 13 of the Act shall be made in Form No 1 to the Bar Council of Andhra Pradesh
Rule 4
The Bar Council 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 Bar Association in Form No 2
Rule 5
Every Advocate who is member of a Bar Association recognised by the Bar Council 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 15 of the Act
CHAPTER 3 Procedure relating to Printing and Custody of Stamps
Rule 6
The Andhra Pradesh Advocates Welfare Fund Stamps shall be printed by the Government in the Andhra Pradesh Government Printing Press or any other presses to be specified by them from time to time having regard to the security in printing and custody of stamps until they are distributed
Rule 7
The rules for printing, custody, distribution and sale of judicial non judicial stamps as contained in the Andhra Pradesh State Manual would MI mutatis mutandis D apply to the printing, custody, distribution and sale of Andhra Pradesh Advocate s Welfare Fund Stamp except that the printing and distribution of the stamps shall be done by the Director of Printing, Andhra Pradesh, Hyderabad and all indents for supply of the stamps shall be made to him
Rule 8
Every licenced Stamps vendor intending to purchase the stamps shall pay the cost of such stamps through a challan by crediting the amount to the following Head of Account:
"0030 Stamps and Registration Fees 01 Stamps Judicial MH, 102 Sale of Stamps SH (02) Sale of Andhra Pradesh Advocates Welfare Fund Stamps"
Rule 9
The stamp vender shall be entitled on the sale of stamps a commission at the rate as he is entitled for the sale of a single judicial stamp of the value of Rs 3 The commission paid to the stamp vendor shall be exhibited under the following Head of Account:
"2030 stamps and Registration Fees 01 stamps judicial 103 Sale of stamps SH (02) Sale of Andhra Pradesh Advocates Welfare Fund Stamp"
Rule 10
The net proceeds of receipts under Rules 8 and 9 shall be finalised by the Accountant General at the end of each financial year and intimate the same to Government in the Finance and Planning (Finance wing) Department The amount so intimated by the Accountant General after deducting the cost of printing and supply of stamps shall be credited to the account of the Fund after due appropriation by the Legislative Assembly of the State in the budget
CHAPTER 4 Manner of Election of Members to the Committee under Section 4 (3) (q) of the Act
Rule 11
The members of the Committee shall be elected in a meeting of the Bar Council by including the business of election in the Agenda of its meeting
Rule 12
The members from each region as specified in Clause (g) of sub section (3) of Section 4 shall be elected by the members of the Bar Council by secret ballot and the election shall be conducted in the following manner:
(a) Every candidate for election as a member of the Committee shall be proposed by one of the members of the Bar Council and seconded by another Any member whose name has been proposed may decline to stand for election;
(b) If only three candidates alone are proposed, the Chairman shall declare them duly elected as members of the Committee;
(c) If there are more number of candidates contesting then the election will be conducted by secret ballot;
(d) Voting papers bearing the names of the contesting candidates will be handed over by the Chairman to the members of the Bar Council of the purpose of enabling them to exercise their franchise;
(e) A voter shall place on voting paper the figure X in the space opposite the name of any candidate for whom he desires to vote He shall not place such a mark against more names than the number of members to be elected;
(f) The question as to whether or not the voting paper is valid or invalid, the decision of the Chairman will be final;
(g) A voting paper shall be invalid in which the figure X is set opposite to the names of more than three candidates, or is so placed he has to render its doubtful to which candidate it is intended to apply, or there is any other mark or writing by which the voter can be identified;
(h) The members of the Bar Council after making the necessary entry in the voting paper given to them, shall place the same in the settled box which will be kept ready for the purpose
(i) After recording of votes is completed, the Chairman shall open the box in which ballot papers are deposited and count the votes secured by each candidate in the presence of all the candidates in the election He shall then declare the candidates who have secured maximum number of votes as duly elected as members of the Committee;
(j) In the case of equality of votes the results shall be decided by casting lots on the spot
Rule 13
The rules relating to convening and holding of the meetings in respect of the meetings of the Bar Council shall apply to meeting for the election of members under these rules
CHAPTER 5 Powers of the Committee
Rule 14
The Committee shall exercise all such power relating to executive and administrative functions of the Committee; and such power 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 India, any Bar Association, or any other Association or institution, 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 any investment made of any part of the Fund;
(f) to give Financial aid to indigent or disabled Advocates;
(g) to give Retirement Benefit as provided in the Schedule to the Act;
(h) to prescribe books of Account, registers, other books and forms to be maintained by the Committee;
(i) to appoint Chartered Accountant for the audit of accounts and to fix his remuneration;
(j) to examine the annual audit report and place it with its opinion before the Bar Council;
(k) to provide for annual inspection of the office;
(l) to prepare and place before the Bar Council, annual adminstration report and statement of account on or after the 31st December of each year and thereafter forward the same to the Government both in the Law Department and the Finance Planning Department;
(m) to authorise the Secretary to meet all incidental expenses and for provding for imprest money and the like;
(n) to nominate a Treasurer under Clause (g) of sub section (3) of Section 4 of the Act;
(o) to allocate funds for different heads of expenditure under these rules for each financial year;
(p) to quantify,
(i) The Death Benefit to the surviving member or members of the family of the deceased Advocate;
(ii) The grant to the indigent and disabled Advocate;
(q) to decide the person or persons to whom the Death Benefit should be given;
(r) to call for the information and details as may be necessary from the concerned Bar Association and the members of the family of the deceased Advocate;
(s) to make necessary enquiries, if required, before taking decision under these Rules;
(t) to provide financial or other assistance to any advocate affected on account of any natural or unforeseen circumstances;
(u) to formulate and implement any further or other scheme or schemes for the benefit of Advocates
Rule 15
The Committee shall have power to appoint such staff as may be necessary to carry out the functions of the Committee from time to time and prescribe their qualifications and fixing their remuneration from time to time
Rule 15A
The rules relating to the staff of the Bar Council shall apply to the staff of the Andhra Pradesh Advocates Welfare Fund Committee]
CHAPTER 6 Death Benefit
Rule 16
In the event of death of an Advocate who is a member of the Fund, his family shall be eligible for the grant of Death Benefit to be specified by the Committee from time to time
Rule 17
Every application for the grant of Death Benefit shall be preferred in Form No 5 as early as possible after the death of the Advocate but not later than six months of such death, by any dependent of the said Advocate, to the Committee along with the Death Certificate and the recommendation of the Bar Association of the Court or the place where the deceased Advocate ordinarily practised prior to his death
Rule 18
On receipt of an application for Death Benefit the Committee shall consider the same together with the recommendation of the Bar Association and any further information obtained in this regard and thereupon grant the death benefit
Rule 19
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 of 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 a complete discharge of all liabilities in respect of the Fund
Rule 20
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
Rule 21
In the case of death without nomination, the fund becomes payable to his legal heirs
Rule 22
No member shall be entitled to assign or encumber the fund before it becomes payable
Rule 23
The computation period for purpose of sub section (4) of Sec 16 of the Act shall be confined to 30 years even if the standing of Advocate is more than 30 years
Rule 23A
Any member of the fund who retires and later opts for readmission to the fund shall not be entitled for Death Benefit]
CHAPTER 7 Financial Assistance to Indigent and Disabled Advocates
Rule 24
In the event of an Advocate who is a 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
Rule 25
Every application for the financial assistance by a Disabled or Indigent Advocate shall be preferred in Form No 6 accompanied by a Medical Certificate together with the recommendation of the Bar Association of the Court of the place where the concerned Advocate is ordinarily practising
Rule 26
The Committee shall grant to the Indigent or Disabled Advocates such amount as it considers fit depending upon the age of the Advocate Standing at the Bar, the number of dependents 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
Rule 27
The grant of the financial assistance to an indigent and or disabled Advocate shall be sanctioned for one year in the first instance and may be paid by lumpsum or on a monthly basis to the Advocate concerned directly or by an account payee cheque or draft in favour of the Advocate concerned as per his instructions In case of necessity such sanction may be renewed after expiry of the year for which the sanction was already granted: Provided that the financial grant to the Advocate shall cease as soon as the Advocate concerned ceases to be indigent or the disability on the ground of which financial assistance was allowed ceases to exist
Rule 28
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
Rule 29
(a) Every appeal preferred under Section 21 of the Act shall be in Form No 7
(b) The Bar Council shall have power to condone the delay in preferring the appeal beyond 30 days for sufficient reasons .
CHAPTER 8 Financial Rules
Rule 30
Any money received on behalf of the Committee shall be acknowledge 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
Rule 31
Expenditure of Rs 500 and above shall ordinarily be made by cheque.
Rule 32
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 show if the payment is by cash or by cheque.
Rule 33
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 Chairman s signature in token of sanction.
Rule 34
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.
Rule 35
The Chairman shall have authority to sanction 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 to sanction T A Bills of the members Any capital expenditure shall not be incurred without the previous sanction of the Committee.
Rule 36
The accounts of the Committee shall be audited once a year by a Chartered Accountant appointed by the Committee.
Rule 37
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 and thereafter before the Bar Council.
Rule 38
Budget estimates of Income and Expenditure for the coming year shall be made by the Committee and laid before the Bar Council for approval before 31st of March every year.
CHAPTER 9 Powers of Secretary
Rule 39 The powers of Secretary shall be
(a) To carry out the orders of the Chairman and of the Committee;
(b) To maintain discipline and intergity among the members of the staff;
(c) To conduct the official correspondence;
(d) To be responsible for proper and upto date maintaining of all books of accounts 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 Bar Council;
(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 certificate of Recognition and Registration of Bar Association under Section 13 of the Act
APPENDIX 1 ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987
FORM 1
(See Rule 3)
ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987.
Application under Section 13 of the Andhra Pradesh Advocates Welfare Fund Act, 1987
To
The Secretary,
The Bar Council of Andhra Pradesh,
High Court Premises.
Hyderabad - 500266
Sir,
I am to inform you that the Bar Association ofis registered not registered under the Societies Registration Act I am here below furnishing the details for recognition and registration of this Bar Association under Section 13 of the Andhra Pradesh Advocate s Welfare Fund Act, 1987 in pursuance of your Notification
Name of the Association :
Address of the Association with Telephone Number,if any :
Names of the Office Bearers with their addresses :
Names of the Members of the Association with their
(a) addresses (b) Age (c) Date of Enrolment and
(d) Place of Practice (Seperate sheet can be enclosed) :
Bye Laws or rules Enclosed Not enclosed) :
Other particulars, if any :
Place : Signature of the President/Secretary Bar Association
APPENDIX 2 ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987 Certificate of Recognition and Registration
FORM 2
(See Rule 4)
ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987
Certificate of Recognition and Registration
Regn. No.
This is to certify that.Bar Association at. (Place) is recognised and registered as a Bar Association by the Bar Council of Andhra Pradesh under Section 13 of the Andhra Pradesh Advocates Welfare Fund Act, 1987, for the purposes of the said Act.
Place : Signature of the President/Secretary Bar Association
Date :
APPENDIX 3 Application under Section 15 of the Andhra Pradesh Advocates Welfare Fund Act, 1987
FORM 3
(See Rule 5)
Andhra Pradesh Advocates Welfare Fund Act, 1987
Application under Section 15 of the Andhra Pradesh Advocates Welfare Fund Act, 1987
To
The Secretary,
The Andhra Pradesh Advocates Welfare Fund Committee,
Bar Council of Andhra Pradesh,
High Court Premises,
Hyderbad - 500 266
Sir,
I am regularly pracitising as an Advocate within the jurisdiction of your Bar Council.
I declare as follows:-
(a) I am an Advocate ordinarily practising at.
(b) I am not an undisharged insolvent.
(c) I have never been convicted by any court for an offence involving moral turpitude.
OR
A period of two years has elapsed since my release after being convicted of an offence involving moral turpitude (In case of conviction particulars of such conviction should be given)
(d) I am not in full time service or business or any such part time business or other avocation as is not permitted in the case of practising Advocates by the rules of the Bar Council
(e) I have not been suspended from the practice and
(f) I am herewith enclosing a certificate of the Bar Association stating that I am a member of the Bar Association ;
(g) I am herewith enclosing DD for Rs 100 towards admismission fees
(h) Whether suffering from any ailment
(i) I am aged years, my date of birth being
(j) I am enrolled as an advocate on and my State Roll No is A P
(k) I have paid the application fees to the Advocate s Welfare Fund of the Bar Council of India for the State of Andhra Pradesh upto the period 31-3-.....
I verify that the contents of the declaration are true to my knowledge
I request that I may be admitted as member of the Andhra Pradesh Advocates Welfare Fund
Signature
Date of Enrolment
Address
Place :
Date :
Admitted/Rejected
APPENDIX 4 Andhra Pradesh Advocates Welfare Fund Act, 1987
FORM 4
(See Rule 19)
Andhra Pradesh Advocates Welfare Fund Act, 1987
(Form under sub section (8) of Section 15)
Form of Nomination
I hereby declare that the members of my family person or persons so long as I have no family and direct that the amount payable to me from Andhra Pradesh Advocates Welfare Fund at the time of my death shall be paid or distributed to those mentioned below in the manner shown against their names.
Names and Address of Nominee or Nominees Relationship with the subscriber Age of the Nominee Amount of shareto be paid (1) (2) (3) (4)
Place : Signature of the Advocate
Two witnesses to the Signature
Date :
1.
2.
APPENDIX 5 Andhra Pradesh Advocates Welfare Fund Act, 1987 Application Form for the Grant of 'Death Benefit'
FORM 5
(See Rule 17)
Andhra Pradesh Advocates Welfare Fund Act, 1987 Application Form for the Grant of 'Death Benefit'
1. Name and address of the Applicant :
2. The relationship of the Applicant
to the deceased Advocate :
3. The name and permanent address of
the deceased Advocate :
4. The date of enrolment of the Deceased
Advocate or State Roll No :
5. Place or Places where the Deceased Advocate
had actually practised :
6. Whether the Deceased Advocate was a member
of the A P A W Fund :
7. The number of members in the family
depending upon the deceased Advocate and
their respective relationship to the said Advocate;
Furnish the names, ages, profession and addresses :
8. Average year income of the Advocate at the
time of his death :
9. Sources of other income of the applicant and
the extent thereof :
10. Whether the deceased Advocate had or the
applicant has any movable or immovable property,
State the particulars thereof and the value thereof
and any income derivable therefrom :
11. Whether the deceased Advocate had any Bank
Account, if so, state the particulars thereof with the
cash balance on the date of his death :
12. Whether the deeased Advocate had insured
his life, if so, state the particulars of the insurance
policy and the sum assured :
13. Any other particulars and information that
the applicant desires to furnish :
I declare that the facts mentioned herein above are true and correct
Place : Signature of the Applicant
Date :
Enclosures required:
1. Death Certificate
2. Recommendation of the Bar Association
APPENDIX 6 Andhra Pradesh Advocates Welfare Fund Act, 1987 Application Form for the Grant of Financial Assistance to theIndigent Disabled Advocates
FORM 6
(See Rule 25)
Andhra Pradesh Advocates Welfare Fund Act, 1987
Application Form for the Grant of Financial Assistance to theIndigent Disabled Advocates
1. Full name of the Applicant Advocate :
2. Residential Address :
3. Office or Chamber Address :
4. Date of Enrolment and State Roll No :
5. Court or Courts in which the Applicant was
or has been practising :
6. Reasons for seeking financial assistance :
7. Extent of financial assistance required :
8. Average monthly professional income of
the Applicant :
9. Sources of other income of the Applicant,
if any :
10.Whether the Applicant has applied for or
received aid previously from the Fund, and if
so, when, nature and duration of :
11.Whether the Applicant has any moveable or
immovable property? State the particulars thereof
and the value thereof and state prarticulars of
any encumbrances thereof :
12.Whether the Applicant has any Banking A c
if so, state the particulars :
13.Whether the Applicant has any cash or invest
ments state the particulars, if any :
14.Whether any complaint of miscounduct is
pending against the applicant, if so, state the
particulars thereof :
15.Whether the applicant is a member of the
Andhra Pradesh Advocates Welfare Fund
(Give particulars) :
(i) The particulars furnished and the statement made herein above are true to the best of my knowledge information and belief
(ii) I agree and undertake to inform the Bar Council, if any change of circumstances or conditions, during the period of the aid
(iii) I agree and undertake to supply to the Committee any particulars and information in connection with the application or the aid as may be required from time to time by the Council or the Committee or the Secretary of the Council.
This..Day..of 19
Place: Signature of the Applicant
APPENDIX 7 Before the Bar Council of the State of Andhra Pradesh, Hyderabad
FORM 7
(See Rule 29)
Before the Bar Council of the State of Andhra Pradesh, Hyderabad
MEMORANDUM OF APPEAL
Under Section 21 of the Andhra Pradesh Advocates Welfare Fund Act, 1987 A P A W F Appeal No
Between:
(Name of the Appellant)
Appellant
And
(Name of the Respondent)
Respondent
(a) Description of the Appellant :
(b) Description of the Respondent :
The appellant files this appeal against the order dated
..of the A.P.W.A.F.Committe
The applicant filed an application for financial assistance on
..before the Committee
The order of the Committee was received communicated to the appellant on
The appeal is in time
The appellant has paid Rs 25 fees for the appeal on by
The appellant files this appeal for the following amongst other grounds :
(1)
(2)
(3)
(4) etc
Place:
Date:
Appellant
Enclosures :
1. Certified copy of the order of the Committee. (25 copies)
2. Memo of Grounds of Appeal. (25 copies)
Andhra Pradesh Advocates' Welfare Fund (Loans for the Purchase of Books) Rules, 1994
In exercise of the powers conferred by sub-section (1) of Section 26 of the Andhra Pradesh Advocates' Welfare Fund Act, 1987 (Act No.33 of 1987) read with Section 18 of the said Act, the Governor of Andhra Pradesh hereby makes the Andhra Pradesh Advocates' Welfare Fund (Loans for the Purchase of Books) Rules, 1994.
Rule 1 Short title and applicability
(1) These rules may be called the Andhra Pradesh Advocates' Welfare Fund (Loans for the Purchase of Books) Rules, 1994.
(2) They shall apply to all advocates who are members of the Fund.
Rule 2 Definitions
The words and expressions used in these rules shall have the same meanings assigned to them in the Andhra Pradesh Advocates' Welfare Fund Act, 1987.
Rule 3 Grant of loan for the purchase of books
(1) It shall be competent for the Welfare Fund Committee to grant a loan not exceeding rupees [five thousands] to an advocate who is a member of the fund and whose standing at the Bar does not exceed five years for the purchase of law books for carrying on his profession.
(2) Every advocate desirous of obtaining a loan under these rules, shall make an application in writing to the Secretary of the Welfare Fund duly attested by the President of the Bar Association of which he is a member indicating therein the value of the books he intends to purchase and wherever possible the title, author and publisher of the books.
Rule 4 Purchasing of books
On receipt of an application under sub-rule (2) of Rule 3, the Welfare Fund Committee shall consider the same and grant or for reasons to be recorded in writing refuse to grant the loan applied for. Where the loan applied for is granted, the Secretary of the Welfare Fund shall purchase the books from dealers approved by the Chairman of Andhra Pradesh Advocates' Welfare Fund Committee and arrange to send them to the advocate concerned. In case where the application contains the details of the books, the same books shall be purchased and sent to the advocate concerned and where the advocate does not specify the details of the books in his application a list/catalogue of books shall be sent to the advocate concerned asking him to tick the books required by him and return the list/catalogue to the Secretary. Thereupon, the Secretary shall purchase the books required by the advocate from the approved dealer and arrange to send the same to him and the advocate shall acknowledge the receipt of these books.
Rule 5 Recovery of the loan
The loan granted under these rules shall be recovered in ten instalments of rupees [five hundred] each payable quarterly and where the loan granted is less than rupees [five thousand], it shall be recoverable at the rate of rupees five hundred every quarter until the loan is liquidated. No interest shall be chargeable on the loan. However, a late fee equivalent to ten per cent of the instalment is chargeable where the payment of the loan is delayed by more than one month.
Rule 6 Action for non payment
(1) Where the advocate taking loan under these rules fails to repay the loan in time and applies for grant of further time for the payment of the loan, it shall be competent for the Chairman of the Welfare Fund Committee to grant such further time as may be deemed reasonable in the circumstances of the case with or without late fee as he deems fit.
(2) Where an advocate fails to repay the loan even within the further time granted to him under sub-rule (1), the Welfare Fund Committee shall report the matter to the Chairman of the Bar Council for such action as he deems necessary under the Advocates' Act, 1961. |
