THE KARNATAKA ADVOCATES' WELFARE FUND (AMENDMENT) ACT, 2017
KARNATAKA ACT NO. 12 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the 04th day of March, 2017)
(Received the assent of the Governor on the 03rd day of March, 2017
An Act further to amend the Karnataka Advocates’ Welfare Fund Act, 1983.
Whereas, it is expedient further to amend the Karnataka Advocates’ Welfare Fund Act, 1983 (Karnataka Act 2 of 1985) for the purposes herein after appearing.
Be it enacted by the Karnataka State Legislature in the Sixty-eighth year of the Republic of India as follows:
1. Short title and commencement.- (1) This Act may be called the Karnataka Advocates’ Welfare Fund (Amendment) Act, 2017.
(2) It shall come into force on such date as the State Government may, by notification appoint.
2. Amendment of section 3.- In the Karnataka Advocates’ Welfare Fund Act, 1983 (Karnataka Act 2 of 1985) (hereinafter referred to as the Principal Act), in section 3, in sub section (2), in clause (k), for the words “by way of admission fee” the words, “by way of admission fee and any other fee including late fee under section 23A and penalty or contribution if any” shall be substituted.
3. Amendment of section 15.- In section 15 of the Principal Act,- (1) in sub-section (4),-
(a) for the words “rupees one thousand" and “rupees five hundred” the words “rupees two thousand” and “rupees one thousand” shall be substituted respectively;
(b) in the first proviso, for the words “rupees fifty” the words “rupees one hundred” shall be substituted;
(c) in the second proviso, for the words “rupees fifteen thousand” the words “rupees twenty five thousand” shall be substituted; and
(d) after the second proviso, the following provisos shall be inserted, namely;-
“Provided also that a member who has already paid a lumpsum amount of rupees fifteen thousand before the date of commencement of the Karnataka Advocates’ Welfare Fund (Amendment) Act, 2017 shall pay the balance amount of rupees ten thousand within one year from the date of such commencement or pay a sum of rupees one thousand every year on or before thirty first day of December till the balance is cleared failing which he shall be deemed to have voluntarily suspended practice for the purpose of this Act:
Provided also that where a member pays balance of such lumpsum amount within one year from the expiry of the due date along with a penalty of rupees one hundred per month it shall not be construed as deemed voluntary suspension of practice.”
(2) in subsection (6),-
(a) for the words “rupees five thousand” the words “rupees ten thousand” shall be substituted;
(b) in the proviso, for the words “one lakh rupees” the words “two lakh rupees” shall be substituted.
(3) after sub section (6) the following shall be inserted, namely :-
“(7) Notwithstanding anything contained in this Act if a member who,-
(a) has completed fifty years of practice and paid all the arrears to the fund; or
(b) having been enrolled as an advocate before completion of an age of forty years has attained an age of seventy five years,
fails to pay fees and penalty, if any, under subsection (4) or contribution and late fee under sub-sections (1) and (2) of section 23A he shall be eligible to claim entire amount payable to him under sub-section (1) of section 16 without deduction of any amount towards arrears of fee and penalty due under sub-section (4) or contribution or late fee due under sub-sections (1) and (2) of section 23A.” 4. Amendment of section 16.- In section 16 of the principal Act,-
(1) in sub-section (1),-
(a) in the first proviso,-
(i) for the words “five thousand rupees” and “rupees one lakh fifty thousand” the words “ten thousand rupees” and “rupees three lakhs” shall respectively be substituted.
(ii) for clause (iii), the following shall be substituted, namely:-
“(iii) an advocate who has voluntarily suspended practice for a period exceeding three years for the purpose of any employment, avocation or business or for appointment to an office of Chairperson, Vice-Chairperson or Member of any Commission, Corporation, Committee, Board, Body or other authority, either statutory or non-statutory constituted by any Central Government or any State Government.”
(b) in the second proviso, for the words “three thousand rupees” and “rupees fifty thousand” the words “five thousand rupees” and “rupees one lakh” shall be substituted respectively.
(2) after sub-section (6), the following proviso shall be inserted, namely:-
“Provided that if a member who has opted for payment of fees in a lumpsum, makes an application claiming amount specified in the schedule on account of cessation of practice on the ground of voluntary retirement he should have paid the entire lumpsum amount along with penalty, if any, specified in the second, third and fourth provisos to sub-section (4) of section 15 before making such application or should give a written consent for deduction of the lumpsum fee and penalty, if any, due at the time of final settlement of the amount.”
(6A) Where applications are received from members under sub-section (6) on account of cessation of practice on the ground of voluntary retirement total number of applications which may be considered for payment under this section during a year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund, need of the applicant and other relevant factors.”
5. Amendment of section 16A.- In section 16A of the principal Act, in the proviso, for the words “rupees one lakh” the words “rupees one lakh fifty thousand” shall be substituted.
6. Amendment of section 16B.- In section 16B of the principal Act,- (i) in sub-section (1), for the words “age of seventy years” the words “age of sixty five years” shall be substituted.
(ii) in sub-section (2), for the words “or one lakh rupees” the words “or one lakh fifty thousand rupees” shall be substituted.
7. Amendment of section 21.- In section 21 of the principal Act, in sub-section (2), for clause (b), the following shall be substituted, namely:-
“(b) a receipt for having paid rupees five hundred in the office of the Bar Council.”
8. Amendment of section 23.- In section 23 of the Principal Act,-
(i) for sub-section (1), the following shall be substituted, namely:- “(1) Every Advocate shall affix welfare Fund stamps of the value of rupees fifty on every vakalath filed by him in the High court and rupees thirty on every vakalath filed by him in any court, other than High court or in any tribunal or other authority and no vakalat shall be filed before or received by, the High Court or any court, tribunal or other authority unless it is so stamped.”
(ii) in sub-section (1A), for the words “rupees five”, the words “rupees twenty” shall be substituted.
9. Amendment of section 23A.- In section 23 A of the principal Act, in sub-section (1), for the words “rupees five thousand”, the words “rupees ten thousand” shall be substituted.
10. Substitution of schedule.- For Schedule to the Principal Act, the following shall be substituted, namely:-
“SCHEDULE
(See subsection (1) of section 16)
Completed No. of year of practice Entitlement
1) Not exceeding fifteen years Rupees four lakhs
2) Exceeding fifteen years but not exceeding Thirty five years Rupees six lakhs
3) Above Thirty five years Rupees eight lakhs”
11. Transitory provision.- Notwithstanding anything contained in the principal Act as amended by this Act, the Trustee committee shall not entertain any application under sub-section (6) of section 16 of Principal Act in respect of claims due to cessation of practice on the ground of voluntary retirement for a period of one year from the date of commencement of this Act.
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