Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ANDHRA PRADESH ADVOCATES WELFARE FUND ACT, 1987 33 of 1987 [] CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Advocates Welfare Fund 4. Establishment of Welfare Fund Committee 5 . Disqualification and removal of elected members of Welfare Committee 6. Resignation by elected member of the committee and filling up of casual vacancies 7. Act of committee not to be invalidated by defect, etc 8. Vesting and application of Fund 9. Function of the Committee 10. Borrowing and investment of Funds 11. Powers and duties of Secretary 12. Andhra Pradesh Advocates Welfare Fund Stamp 12A. Combined stamp for Advocates Welfare Fund and Advocates Clerks Welfare Fund 13. Recognition and Registration of Bar Association 14. Duties of Bar Association 15. Membership of the Fund 15A. Retired person is not eligible for membership 16. Payment from the Fund on cessation {or suspension}of practice 1 7 . Restriction on alienation, attachment etc , of interest of member in Fund 18. Group Life Insurance for members and other benefits 19. Meetings of the Committee 20. Travelling and daily allowances to members of Committee 21. Review 22. Protection of action taken in good faith 23. Bar of jurisdiction of civil courts 24. Power to summon witnesses and take evidence 24A. Powers to amend Schedule 25. Power of the Bar Council to make rules 26. Power to make rules SCHEDULE 1 :- SCHEDULE 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 :- 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. 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. 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. 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 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. 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. 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. 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. 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. 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). 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 . 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. 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. 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. 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 . 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. 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. 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. 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. 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. 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 . 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. 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. 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. 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. 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. 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}. 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. 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 SCHEDULE (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