Tamil nadu act 056 of 1992 : Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1992

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1992.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Tamil Nadu Advocates Welfare Fund Act, 1987 (???) (hereinafter referred to as the principal Act), in clause (f), for the words "minor children or such of them as exist", the words "children dependent on the member of the Fund" shall be substituted.

Section 3. Amendment of section 9

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

Section 4. Insertion of new section 9-A

4. Insertion of new section 9-A.- After section 9 of the principal Act, the following section shall be inserted, namely:-

"9-A. Power to give direction.-The Bar Council, or the Trustee Committee may give to the Advocates Association or Bar Association such directions in its opinion as, are necessary or expedient for carrying out the purposes of this Act."

Section 5. Amendment of section 11

5. Amendment of section 11.- In section 11 of the principal Act, after clause (h), the following clause shall be inserted, namely:-

(hh) inspect and verify periodically the accounts and registers of the Advocates Association and Bar Association regarding the sale of stamps and other matters connected therewith.".

Section 6. Amendment of section 14

6. Amendment of section 14.- In section 14 of the principal Act, after sub-section (2), the following sub-section shall be added, namely:-

"(3) Every Advocates Association and every Bar Association shall carry out the directions given by the Bar Council or the Trustee Committee, as the case may be.".

Section 7. Insertion of new section 14-A

7. Insertion of new section 14-A.- After section 14 of the principal Act, the following section shall bu inserted, namely:-

"14-A. Cancellation of recognition and registration of Advocates Association and Bar Association.-Where the Advocates Association or the Bar Association fails to discharge any of the duties imposed under section 14, or fails to carry out the direction given under section 9-A, the Bar Council may, for reasons to be recorded, by order, cancel the recognition and registration of such Association:

Provided that no order cancelling the recognition and registration of any Advocates Association or Bar Association shall be passed unless the Advocates Association or the Bar Association has been given a reasonable opportunity of being heard.".

Section 8. Amendment of section 16

8. Amendment of section 16.- In section 16 of the principal Act, in sub-section (1), in the proviso, for the words "any permanent disability", the words "any permanent physical or mental disability" shall be substituted.

Section 9. Amendment of section 19

9. Amendment of section 19.- In section 19 of the principal Act, in sub-section (2), for the words "Three members", the words "Four members" shall be substituted.

Section 10. Amendment of section 22

10. Amendment of section 22.- In section 22 of the principal Act,-

(1) in sub-section (1), for the words, "The Government shall, on a request made by the Bar Council in this behalf", the words "The Bar Council shall" shall be substituted;

(2) in sub-section (2), the words "and ??? to members of the Fund" shall be omitted.

Section 11. Amendment of section 23

11. Amendment of section 23.- In section 23 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely-

(1) Every Vakalathnama filed before any court or tribunal or other authority shall be affixed with two stamps in addition to the court-fee stamps, if any, and no Vakalathnama shall be valid unless it is so stamped:

provided that this sub-section shall not apply to any Vakalathnama filed on behalf of the Central or State Government.".

Section 12. Insertion of new section 28

12. Insertion of new section 28.- After section 27 of the principal Act, the following section shall be added namely:-

28. Power to amend Schedule.-(1) The Government may, by notification, on the recommendation of the Trustee Committed and having due regard to the availability of the amount in the Fund, amend the rates specified in the Schedule.

(2) Every notification issued under this section, shall, as soon as possible, after it is, issued, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such notification or the Assembly decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or he of no effect, 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 notification.".

Section 13. Amendment of Schedule

13. Amendment of Schedule.- In the Schedule, for the expression "[See sections 9(2)(e) and 16]", the expression "[See sections 9(2)(e), 16 and 28]" shall be substituted.