(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 owe on such date as the Government may, by notification appoint.

In this Act, ??? the ??? otherwise requires,

(a) advocate means a person whose name has been entered in the State ??? Advocates prepared and maintained by the ??? Council of Andhra Pradesh under section 17 of the Advocates Act, 1961 (Central Act, 25 of 1961) and who is ??? as an advocate in the State of Andhra Pradesh;

(b) Bar Council means an Association of advocates recoquised by the Bar Council under section 13;

(c) Bar Council means the Bar Council of Andhra Pradesh constituted under section 3 of the Advocates Act, 1961 (Central Act, 25 of 1961);

(d) cessation of practice menus 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) dependant 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 ??? Act;

(k) retirement means stoppage of practice ??? advocate for reasons other than joining service of ??? carrying on any other gainful occupation, ??? to, and recorded by the Bar Council;

(l) Stamp means the Andhra Pradesh Welfare Fund issued by the Government under section 12;

(m) suspension of practice means ??? of practice as an advocate on suspension by one Bar Council for misconduct;

(n) Welfare Fund Committee means Committee established under section 4;

(o) Vakalat means a Vakalainama, 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.

(1) With sited on and from the commencement of this Act the Government shall, by notification constitute a fund to be called the Andhra Pradesh Advocates' 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) my profit or dividend received from the Life Insurance Corporation, of India in respect of policies of group insurance of the member's 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 subscription and interest thereon.

(3) The sums specified in sub-section (2) shall be paid to, or collected by, such ??? at such intervals and in such Manner, and the accounts of the Fund shall be maintained in such manner, as may be prescribed.

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

(3) The 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 of the Bar Council one from each region of Coastal Andhra, Telangana and Rayalaseema elected by it in the prescribed manner from amongst its members 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.

(4) A member elected from the Bar Council under clause (g) of sub-section (3) shall mold office for a term of five years or for the duration of his membership in the Bar Council, whichever is less.

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.

(1) Any member elected under clause (g) of sub-section (3) of section 4 may resign his office by giving three months' 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 residue or the term of his predecessor.

7. Act of Committee not 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 irregularly in the ejection of any person as a member thereof;

(c) any defect or irregularly in such act or proceeding not affecting the merits of the case.

The Fund Shall vest in and be held and applied by the Committee subject to the provision, and for the purposes of this Act.

(1) It shall be the duty of the Committee to administer the Fund

(2) In the administration of the Fund, me 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 ??? days from the date of receipt thereof;

(c) receive applications from the members of the Fund, their nominees or legal representatives 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 ??? books of the committee its decision on the application;

(e) ??? the application amounts of the rates specified in the ???;

(f) maintain ??? accounts ??? books and send such ??? and appeal expert ??? the Government and the ??? Council ??? may be prescribed;

(g) communicate to the applicants by registered post with acknowledgment on the decisions on 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.

(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 or this Act.

(2) The committee shall deposit all moneys and received forming part of the Fund in any scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act ??? of 1924) or invest the same in loans to any corporation ??? or controlled by the Central Government or the State Government or in loan floated by the Central Government or the 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 committee shall be audited annually by a Chartered Accountant appointed by the Bar Council.

(5) The accounts, as certified by the auditor, together with the 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).

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.

(1) There shall be printed or cause to be printed by the Government 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 three rupees.

(2) Every vakalat filed before any court, authority, tribunal or person shall be affixed with a stamp as specified in sub-section (1) and no vatalat shall be valid or accepted without such stamp.

(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 custody of the stamps printed under this section snail be with the Government 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 ??? by the legislative Assembly of ???.

(1) ???.

(2) ??? member of the association showing the name address, age, date of enrollment 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.

(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 occurance thereof; and

(d) such other matter as may be required by die Bar Council from time to time.

(1) Every advocate 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 deem 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) Every member shall pay to the Fund annual subscription of rupees fifty where his standing at the bar as an advocate does not exceed fifteen years and rupees one hundred where such standing exceeds fifteen years. Such payment shall be made on or before the 30th June of every year.

(6) Any member who fails to remit the annual subscription for any year before the 31st December of that year shall be liable to be removed from the membership of the Fund.

(7) A person removed from the membership of the Fund under sub-section (6), shall be re-admitted to the fund on payment of the arrears with interest at twelve per cent per annum within one year from the date of removal.

(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 inner 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 ??? parctice 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.

(1) A member of the Fund shall, ??? practice, be entitled to receive from and out of the Fund an account at the rate specified in the schedule.

(2) In the ??? of ???.

(3) A number of the ???.

(4) ???.

(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.

(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 nomniee 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, (Central Act 5 of 1920) or any other law for the time being in force.

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.

(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 die 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 coding 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.

The elected members of the Committee shall be eligible to get such traveling allowance and daily allowance as are admissible to the members of the Bar Council.

(1) An appeal against any decision of the Committee shall be to the Council.

(2) The appeal shall be in the prescribed form and shall be accompanied by

(a) the order appealed against; and

(b) demand draft for rupees twenty five in favour of the Bar Council payable at Hyderabad.

(3) The appeal shall be filed within thirty days from the date of communication of the order appealed against.

(4) The decision of the Bar Council on the appeal shall be final.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

(2) No suit or other legal proceedings shall lie against the Committee of 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.

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.

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 (Central Act 5 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.

The Bar Council may, with the 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.

(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 in 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, from 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.

THE SCHEDULE

(see sections 9 and 16)

1. Received the assent of the President on the 23rd July, 1987. For Statement of Objects and Reasons, please see the Andhra pradesh Gazette, Part IV-A Extraordinary, dated the 6th April, 1987 at page 18.