Gujarat Advocates Welfare Fund (Amendment) Act, 2003*
| [Gujarat Act No. 19 of 2003] | [4th April, 2003] |
An Act further to amend the Gujarat Advocates Welfare Fund Act, 1991.
It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-
* Received the Assent to by the Governor on the 4th April, 2003 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Advocates Welfare Fund (Amendment) Act, 2003.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 3 of Guj. 14 of 1991.- In the Gujarat Advocates Welfare Fund Act, 1991 (hereinafter inferred to as "the principal Act"), in section 3, in sub-section (2),-
(a) in clause (d), the words "or any other association or institution or any other person" shall be added at the end;
(b) after clause (i), the following clause shall be added, namely:-
"any amount by way of award of cost directed to be deposited in the Fund by the Bar Council of Gujarat, Bar Council of India, High Court of Gujarat or any other Court, Tribunal or Authority.".
3. Amendment of section 6 of Guj. 14 of 1991.- In the principal Act, in section 6, for the words, brackets and figure "removed under sub-section (2)", the words, brackets and figure "disqualified under sub-section (1)" shall be substituted.
4. Amendment of section 7 of Guj. 14 of 1991.- In the principal Act, in section 7,-
(1) in sub-section (1), for the word "nominated", the words "nominated or for being a" shall be substituted;
(2) sub-section (2) shall be deleted.
5. Amendment of section 13 of Guj. 14 of 1991.- In the principal Act, in section 9, for the word "removal", the word "disqualification" shall be substituted.
6. Amendment of section 13 of Guj. 14 of 1991.- In the principal Act, in section 13, for sub-section (2), the following shall be substituted, namely
"(2) The accounts of the Fund shall be audited annually by the Auditors duly qualified to act as Auditor under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956) who shall be appointed by the Bar Council of Gujarat".
7. Amendment of section 16 of Guj. 14 of 1991.- In the principal Act, in section 16, in sub-section (1), for the words "may apply in the prescribed form", the words "shall required to be a member of the Fund and shall apply in such form, in such manner and on payment of such fee as may be prescribed" shall be substituted.
8. Insertion of new section 16A in Guj. 14 of 1991.- In the principal Act, after section 16, the following new section shall be inserted, namely:-
"16A. Membership subscription and description of membership.- (1) Every member admitted to the Fund shall pay such subscription to the Fund as may be prescribed, at the end of block period of five years.
(2) The block period of five years shall commence from such date as may be specified by the Bar Council;
(3) Where any advocate fails to pay the subscription, as provided under sub-section (1), the Secretary of the Bar Council shall issue a notice for payment of subscription and after giving him a reasonable opportunity of being heard may pass such order regarding cessation of his membership or otherwise as he deems proper.".
9. Amendment of section 18 of Guj. 14 of 1991.- In the principal Act, in section 18, after sub-section (6), the following shall be inserted, namely:-
"(7) The amounts becoming payable to the member under section 24 shall be paid in such manner as may be prescribed."
10. Substitution of section 19 of Guj. 14 of 1991.- In the principal Act, for section 19, the following section shall be substituted, namely:-
"19. Vakalatnama to bear stamps.- (1) Every Advocate shall affix a stamp of value of-
(a) five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the District Court;
(b) ten rupees on every Vakalatnama filed by him in a Tribunal or other authority or High Court:
Provided that the Bar Council may prescribe the value of the stamps to be affixed under this sub-section:
Provided further that the Bar Council may prescribe different value of stamps to be affixed on every Vakalatnama to be filed in a District Court or a court subordinate to the District Court or a Tribunal or other authority or High Court.
(2) The value of the stamp shall neither be the cost in a case nor be collected in any event from the client.
(3) Any contravention of the provisions of sub-section (1) or (2), by any Advocate, shall disentitle him either in whole or in part to the benefits of the Fund and the Administrative Committee shall report such contravention to the Bar Council for appropriate action.
(4) Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to the District Court or a Tribunal or other authority or High Court shall be cancelled in such manner as may be prescribed".
11. Amendment of section 20 of Guj. 14 of 1991.- In the principal Act, in section 20, in sub-section (1), for the words "of four rupees with the Bar Council Emblem and its value inscribed thereon", the words "prescribed in section 19 with the Emblem of Bar Council" shall be substituted.
12. Deletion of section 21, 22 and 23 of Guj. 14 of 1991.- In the principal Act, sections 21, 22 and 23 shall be deleted.
13. Amendment of section 24 of Guj. 14 of 1991.- In the principal Act, in section 24, after clause (b), the following shall be added, namely:-
"(bb) to organise workshops, seminars, conferences and such other programmes for the benefit of the junior members of the Bar".