Andhra pradesh act 019 of 1990 : Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1990

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1990.

Section 2. Amendment of section 4

2. Amendment of section 4.- In the Andhra Pradesh Advocates' Welfare Fund Act, 1987 (Act 33 of 1987) (herein after referred to as the principal Act), in section 4, in sub-section (3) for clause (g) the following shall be substituted, namely:-

"(g) three members nominated by the Bar Council from amongst its members, as far as possible one each from the regions of Coastal, Andhra, Telangana and Rayalaseema of whom one shall be nominated by the Committee as the Treasurer of the Fund.

Section 3. Amendment of section 9

3. Amendment of section 9.- In section 9 at the principal Act, in sub-section (2) in clause (g) for the words "by registered post with acknowledgment, due", the words "under certificate, of posting", shall be substituted.

Section 4. Amendment of section 10

4. Amendment of section 10.- In section 10 of the principal Act, in sub-section (4) for the words "Welfare Committee", the words "Welfare Fund Committee" and for the words "Bar Council", the words "the said Committee" shall respectively be substituted.

Section 5. Amendment of section 12

5. Amendment of section 12.- In section 12 of the principal Act, in sub-section (1) for the words "three rupees", the words "six rupees" shall be substituted.

Section 6. Amendment of section 15

6. Amendment of section 15.- In section 15 of the principal Act,-

(i) to sub-section (5), the following proviso shall be added, namely:-

"Provided that the subscription may be paid upto the 31st December of the year with a late fee of rupees five per each month or part thereof.";

(ii) after sub-section (5), the following sub-section shall be inserted, namely:-

"(5-A) Notwithstanding anything contained, in sub-section (5), an Advocate may be admitted as a life member on payment of rupees one thousand towards subscription for life in lieu of annual subscription and where an Advocate, who is admitted as life member ceases, to practice, he shall not be entitled for the refund of the subscription paid under this sub-section.";

(iii) in sub-section (6), for the words "annual subscription" the words "annual subscription with late fee of rupees five per month or part thereof" shall be substituted;

(iv) in sub-section (7) for the words "with interest at twelve percent per Annum", the words "with a penalty of rupees fifty" shall be substituted.

Section 7. Amendment of section 16

7. Amendment of section 16.- In Section 16 of the Principal Act, for sub-section (2), the following shall be substituted, namely:-

"(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 a 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.";

Section 8. Insertion of new section 24-A

8. Insertion of new section 24-A.- After section 24 of the principal Act, the following new section shall be inserted, namely:-

24A. "Power 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 off 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."