Tamil nadu act 043 of 1995 : Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1995

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, 1995.

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

Section 2. Amendment of section 15

2. Amendment of section 15.- Infection 15 of the Tamil Nadu Advocates Welfare Fund Act, 1987 (??? Act 49 ???) (hereinafter referred to as the principal Act), for sub-section (4), the following sub-section shall be substituted, namely:-

"(4) Every member of the fund shall pay an annual subscription to the Fund on or before the 31st March of every year or a life-time subscription, as the case may be at the following rates, namely:-

Section 3. Amendment of section 16

3. Amendment of section 16.- In section 16 of the principal Act,-

(1) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1-A) Notwithstanding anything contained in sub-section (1), every member of the Fund who has completed or completes twenty-five years of practice as an advocate on the date of coming into force of the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1995 shall, on completion of five years as a member of the Fund and on his cessation of practice, be paid a ??? amount of fifty thousand rupees.".

(2) for sub-section (5), the following sub-section shall be substituted, namely:-

"(5) Where a member of the Fund dies, his nominee or legal heir, as the case may be, shall be paid an amount of one lakh rupees:

Provided that if such member who before his death, was in receipt of pension, gratuity or other terminal benefits from any State Government or the Central Government or other authority or employer, his nominee or legal heir, as the case may be, shall not be entitled for the payment of the amount of one lakh rupees under this sub-section".

(3) after sub-section (6), the following sub-section shall be added, namely:-

"(7) Where a person, who has been paid an amount under sub-sections (1) or (1-A) has been admitted as an advocate again under section 24 of the Advocates Act, 1961 (Central Act 25 of 1961), desires to be re-admitted to the Fund shall, on an application made in the same manner as specified in section 15 and on repayment of the amount received by him under sub-sections (1) or (1-A), as the case may be, with interest calculated at the rate of twelve per cent per annum, be readmitted to the Fund. He shall not be entitled to payment of any amount from the Fund under this Act, during the period between the date of his cessation of practice and the date of readmission.".

Section 4. Amendment of section 22

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

(1) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) The Bar Council shall cause to be pointed and distributed welfare fund stamps of the value of five rupees inscribed Tamil Nadu Advocates, Welfare Fund Stamp" in such size, design and colour, as may be decided by the Bar Council."

(2) sub-section (2) shall be omitted.

Section 5. Amendment of section 23

5. Amendment of section 23.- in section 23 of the principal Act, in sub-section (1), for the words "two stamps", the words "one stamp" shall be substituted.

Section 6. Amendment of Schedule

6. Amendment of Schedule.- In the Schedule to the principal Act.

(1) for the expression

the expression

shall be substituted;

(2) the following Explanation shall be added at the end, namely:-

"Explanation.-In calculating the total number of years of membership of the Fund, any fraction of a year of membership of the Fund, shall he construed as a full completed year.".