Andhra Pradesh Advocates Welfare Fund and the Andhra Pradesh Advocates ‘Clerks’ Welfare Fund (Amendment) Act, 2003*
| [Andhra Pradesh Act No. 4 of 2003] | [7th April, 2003] |
An Act Further to Amend the Andhra Pradesh Advocates' Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992.
Be it, enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-fourth Year of the Republic of India as follows:-
* The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 7th April, 2003 and the said assent is hereby first published on the 9th April, 2003 in the Andhra Pradesh Gazette for general information.
STATEMENT OF OBJECTS AND REASONS
In order to overcome the practical difficulty in implementation of the provisions of the Andhra Pradesh Advocates, Welfare Fund Act, 1987 and the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992 the Andhra Pradesh Advocates Welfare Committee and the Andhra Pradesh Advocates' Clerks' Welfare Committee has requested to amend the respective Acts suitably.
The Salient Features of the Bill are as follows:-
(1) The definition of ‘dependent’ in the both the Acts are confined to wife, husband, father, mother and children or legal heirs.
(2) In section 9(2)(c) of both the Acts for the words "legal representative" has been substituted by word "dependent" as a consequential amendment.
(3) The combined stamp for Advocates' Welfare Fund and the Advocates' clerks' welfare fund has been enhanced from Rs. 12/- to Rs. 20/-, out of which a sum of Rs. 15/- shall be credited to the Andhra Pradesh Advocates' Welfare Fund and Rs. 5/- shall be credited to the Andhra Pradesh Advocates' Clerks' Welfare fund by suitably amending the respective provisions of both the Acts.
(4) If the Advocates intends to become the member of the Fund, he shall Pay an amount of Rs. 100/- (Rupees one hundred only) towards admission along with an amount of Rs. 1000/- (Rupees one thousand only) towards the subscription of life membership.
(5) The consequential amendments to sections 15(3), 15(4), 15(8), 16 and 17 have been made.
(6) In the Clerks' Welfare Committee, three members from the three regions in the State are nominated from the recognized clerks.
(7) The aforesaid nominated members will hold office for two years instead of three years.
(8) The nominated members can resign their office by giving one month notice instead of three months.
(9) The Bank Account of the A.P. Advocates' Clerks' Welfare Fund Committee shall he operated jointly with the Chairman instad of Treasurer.
(10) The stamp value has been enhanced from Rs. 12/- to Rs. 20/- as a consequential amendment by suitably amending section 12(1) of the Act.
(11) The Government may make grants for such sum of money in every financial year by way of compensation in respect of the vakalats filed by the Law Officers appointed by the Government and such grants are apportioned between them.
(12) Every recognised clerk of the Advocate below the age of 65 years recognized by the committee shall apply to the committee for admission and he shall pay admission fee of Rs. 50/- along with an amount of Rs. 500/- towards subscription of life membership.
(13) Retired person from service are not entitled for the membership.
(14) Similar to Advocates, the interests of the clerks or their nominees for dependent are protected from attachment and creditors are restricted to proceed against the Fund or interest therein of any member or his or her nominee or dependents.
This Bill seeks to give effect to the above decisions.
1. Short title, extent and commencement.- (1) This Act may be called the Andhra Pradesh Advocates Welfare Fund and the Andhra Pradesh Advocates ‘Clerks’ Welfare Fund (Amendment) Act, 2003.
(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. Amendment of Act 33 of 1987.- In the Andhra Pradesh Advocates' Welfare Fund Act, 1987, (hereinafter referred to as the principal Act),-
(1) in section 2 of the principal Act, in clause (e), for the words "and unmarried minor children or such of them as exist," the words "and children or legal heirs," shall be substituted;
(2) in section 9 of the principal Act, in sub-section (2), in clause (c), for the words "legal representative", the word "dependent", shall be substituted,
(3) in section 12 of the principal Act, in sub-section (1), for the words "the Andhra Pradesh Advocates' Welfare Fund, each of the value of six rupees.", the words "Nyayavadula Mariyu Vari Gumasthala Samkshema Nidhi, each of the value of twenty rupees.", shall be substituted;
(4) in section 12-A of the principal Act, for the words "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", the words "the value of rupees twenty out of which a sum of rupees fifteen shall be credited to the Andhra Pradesh Advocates' Welfare Fund and rupees five", shall be substituted;
(5) in section 15 of the principal Act,-
(i) sub-section (3) shall be omitted;
(ii) in sub-section (4), for the words "the admission fee", the words "the amount", shall be substituted;
(iii) in sub-section (5), for clause (a), the following clause shall be substituted, namely:-
"(a) Where an Advocate intends to become the Member of the Fund shall pay an amount of rupees one hundred towards admission fee along with an amount of rupees one thousand towards the subscription for life-membership and on such payment the membership of the Advocate concerned shall subject to the provisions of sub-section (12) be a life member.";
(iv) in sub-section (8), for the word "dependants", the word "nominees", shall be substituted;
(6) in section 16 of the principal Act, in sub-section (2), the "Explanation", shall be omitted;
(7) in section 17 of the principal Act,-
(i) in sub-section (1), for the words "or legal heirs", the words "or dependants", shall be substituted;
(ii) in sub-section (2), for the words "or legal heirs", the words "or dependants", shall be substituted.
3. Amendment of Act 13 of 1992.- In the Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992, (hereinafter referred to as the principal Act),
(1) in section-2 of the principal Act, in clause (f), for the words "and unmarried minor children or such of them as exist," the words "or children or legal heirs," shall be substituted;
(2) in section 4 of the principal Act,-
(i) in sub-section (3), for clause (f) the following clause shall be substituted, namely:-
"(f) three members from three regions of the State to be nominated from among the admitted members by such authority and in such manner as may be prescribed;";
(ii) in sub-section (4), for the words "three years", the words "two years", shall be substituted;
(3) in section 6 of the principal Act, in sub-section (1), for the words "three months", the words "one month", shall be substituted;
(4) in, section 9 of the principal Act, in sub-section (2), in clause (c), for the words "legal representatives", the word "Dependents", shall be substituted:
(5) in section 11 of the principal Act, in clause (d) for the word "Treasurer," the word "Chairman;", shall be substituted;
(6) in section 12 of the principal Act,-
(i) in sub-section (1), for the words "the Andhra Pradesh Advocates Clerks Welfare Fund, each of the value of two rupees," the words "Nyayavadula Mariyu Vari Gumasthala Samkshema Hidhi, each of the value of twenty rupees.", shall be substituted;
(ii) for sub-section (2), the following shall be substituted, namely:-
"(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 such 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 filed by any Law Officer appointed by the Government;
Provided further that such grant shall be apportioned between the Andhra Pradesh Advocates Welfare Fund and the Andhra Pradesh Advocates' Clerks' Welfare Fund in the same manner as specified in section 12-A.";
(7) in section 12-A of the principal Act, for the words "the value of rupees twelve out of which a sum of rupees three shall be credited to the Andhra Pradesh Advocates Clerks Welfare Fund and rupees nine", the words "the value of rupees twenty but of which a sum of rupees five shall be credited to the Andhra Pradesh Advocates' clerks' Welfare Fund and rupees fifteen", shall be substituted;
(8) in section 15 of the principal Act,-
(i) for sub-section (1), the following shall be substituted, namely:-
"(1) Every recognized clerk of the Advocate in the State below the age of 65 years and being a member of any Advocates' Clerks' Association recognized by the Committee may apply to the Committee for admission as a member of the fund, in such form as may be prescribed.";
(ii) sub-section (3), shall be omitted;
(iii) in sub-section (4), for the words "the admission fee", the words "the amount" shall be substituted;
(iv) for sub-section (5), the following shall be substituted, namely:-
"(5) Every recognized clerk of the Advocate in the State shall pay to the fund an admission fee of rupees fifty along with an amount of rupees five hundred towards subscription for life membership."
(v) in sub-section (6), for the word "dependents" the word "nominees", shall be substituted;
(9) after section 15 of the principal Act, the following section shall be inserted namely:-
15-A "Retired person is not eligible for membership.- A person retired from any service and drawing pension shall not be admitted to the Membership of the Fund.";
(10) in section 15 of the principal Act,-
(i) in sub-section (2), "Explanation" shall be omitted,
(ii) sub-section (5), shall be omitted;
(11) after section 17 of the principal Act, the following new section shall be inserted, namely:-
17-A "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 or her nominee or dependents to receive any amount from funds, 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 or her nominee or dependents.";