ASSAM ACT NO. XVIII OF 1999
(Received the Assent of the President on 1st June, 1999)
THE ASSAM ADVOCATES' WELFARE FUND ACT, 1998
AN
ACT
to provide for constitution of a Welfare Fund for the benefit of Advocates in the State
of Assam and for matters connected therewith or incidental thereto.
It is hereby enacted in the Forty-ninth Year of the Republic of India, as follows :-
CHAPTER –I
Preliminary
Short title,
extent and
commencement.
1. (1) This Act may he called the Assam Advocates' Welfare
Fund Act, 1998.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may by notification in the Official Gazette,
appoint.
Definitions. 2.
In this Act, unless the context otherwise requires,
(a) "Advocate" means a person whose name has been
entered in the State roll of advocates prepared and
maintained by the Bar Council of Assam, Nagaland,
Meghalaya, Manipur, Tripura, Mizoram and Central
Arunachal Pradesh under section 17 of the Advocates'
Act 25 of Act, 1961 and who is practising as an
Advocate in 1961 in the State of Assam;
(b) "Bar Association" means an Association of Advocates
recognised by the Bar Council under section 13;
(c) "Bar Council" means the Bar Council of Assam
Nagaland, Meghalaya, Manipur, Tripura, Mizoram
and Arunachal Pradesh constituted under section 3 of
the Advocates' Act, 1961 ;
Central
Act 25
Central
Act 25 of
(d) "cessation of practice" means removal of the name of
an Advocate from the State roll maintained by the Bar
Council on account of his retirement or on death or on
grounds of professional misconduct;
(e) "Committee" means the Assam Advocates' Welfare
Fund Committee constituted under section 4 ;
(f) "dependent" means wife, husband, father, mother and
unmarried minor children or such of them as exist ;
(g) "Fund" means the Assam Advocates' Welfare Fund
constituted under section 3;
(h) "State Government" means the Government of Assam;
(i) "member of the Fund" means an Advocate admitted to
the benefit of the Fund and continuing to be a member
thereof under the provisions of this Act ;
(j) "notification" means the notification published in the
Assam Gazette, and the word "notified" shall be
construed accordingly ;
(k) "prescribed" means prescribed by rules made under
this Act ;
(l) "retirement" means stoppage of practice as an
Advocate for reasons other than joining service or for
carrying on any other gainful occupation,
communicated to and recorded by the Bar Council ;
(m) "Fund Stamp" means the Assam Advocates' Welfare
Fund Stamp printed and distributed under section 18 ;
(n) "suspension of practice" means voluntary suspension
of practice as an Advocate or suspension by the Bar
Council for misconduct ;
(o) "Vakalatnama" means a Valakatnama, memorandum
of appearance or by any other document by which an
Advocate or any other legal practitioner is empowered
to appear and plead before any court, tribunal,
authority or person.
CHAPTER – II
CONSTITUTE OF ADVOCATES WELFARE FUND:
Assam
Advocates'
Welfare Fund :
3.
(1) With effect from the commencement of this Act the
State Government shall, by notification, constitute a
Fund to be called the Assam Advocates' Welfare
Fund.
(2) There shall be credited to the Fund -
(a) all amounts collected under section 19;
(b) any contribution made by the Bar Council ;
(c) any voluntary donation or contribution made to the
Fund by the Bar Council of India, any Bar
Association, any other association or institution, any
Advocate or any other person;
(d) grant, if any, made by the Central Government or the
State Government or other authority to the Fund ;
(e) any sum borrowed under section 10 ;
(f) any profit or dividend received from the Life
Insurance Corporation of India in respect of policies
of group insurance of the members of the Fund ;
(g) any interest or dividend or other return on any
investment made of any part of the Fund;
(h) all sums collected under section 15 by way of
application fees, membership fee or other
subscriptions and interest thereon;
(3) The sums specified in sub-section (2) shall be paid to,
or collected by such agencies, at such intervals and in
such manner, and the accounts of the Fund shall be
maintained in such manner, as may be prescribed.
CHAPTER – III
ESTABLISHMENT OF THE ASSAM ADVOCATES
WELFARE FUND COMMITTEE
Constitution of
the Assam
Advocates'
Welfare Fund
Committee.
4.
(1) The State Government may, by notification, constitute
with effect from such date as may be specified therein
a Committee to be called the Assam Advocates'
Welfare Fund Committee.
(2) The Committee shall be a body corporate having
perpetual succession and a common seal with power to
acquire, hold and dispose of property and shall by the
said name, sue and be sued.
(3) The Committee shall consist of –
(a) The Chairman of the Bar Council -Ex-officio
Chairman;
(b) The Advocate-General of Assam, -Ex-officio
member ;
(c) The Secretary to the Government of Assam,
Legislative Department, -Ex-officio member
(d) The Secretary to the Government of Assam, Judicial
Department -Ex-Officio member.
(e) the Commissioner and Secretary to the Government
of Assam, Finance Department - Ex-officio member;
(f) three other members of the Bar Council nominated
by the Bar Council from amongst its members other
than ex-officio members of the said Council -
members;
(g) the Secretary to the Bar Council- Ex-officio
Secretary of the committee without having voting
right ;
(h) a practising Advocate of the State to be co-opted by
the other members of the Committee for a period of
five years and his term shall be co-terminus with the
term of the Bar Council-member.
(4) A member nominated from the Bar Council under
clause (f) of sub-section (3) shall hold office for a term
of five years or for the term of his membership in the
Bar Council, whichever is less.
Disqualification
and removal or
nominated
member.
5.
No person shall be nominated and continue as a member of
the Committee under clause (f) of sub-section (3) of section
4 if he -
(a) is, of unsound mind and stands so declared by a
competent Court; or
(b) is, or at any time has been, adjudicated insolvent ; or
(c) is or has been convicted by a Criminal Court for an
offence involving moral turpitude, unless such
conviction has been set aside ; or
(d) is a defaulter to the Fund ; or
(e) is debarred from practising on the ground of
professional or other misconduct; or
(f) ceases to be an Advocate under the Advocates Act,
1961. Central
Central
Act 25 of
Resignation and
casual vacancy.
6.
(1) Any member nominated under clause (f) of sub-
section (3) of section 4 by the Bar Council may resign
his office by giving three months notice in writing to
the Chairman of the committee and on such
resignation being accepted by the Chairman, the said
member shall be deemed to have vacated his office.
(2) If any member nominated under clause (f) of sub-
section (3) of section 4,
(a) becomes subject to any of the disqualifications
mentioned in section 5 ; or
(b) is absent without leave from the Committee for
more than three consecutive meetings of
Committee, his seat shall thereupon become
vacant.
(3) A casual vacancy of a nominated member arising
under sub-section (1) or sub-section (2) shall be filled
in as soon as possible in the same manner and for the
same term or duration as is mentioned in section 4.
Act of
Committee not
to be invalidated
by vacancy,
defect or
irregularity.
7.
No act done or proceedings taken, under this Act or the rules
made thereunder, by the Committee shall be invalid merely
by reason of –
(a) any vacancy or defect in the constitution of
Committee; or
(b) any defect or irregularity in the nomination of any
person as a member thereof ; or
(c) any defect or irregularity in such proceedings not
affecting the merit of the case.
Vesting and
application of
Fund.
8.
The Fund shall vest in and be held and applied by the
Committee subject to the provisions and for the purposes of
this Act.
Functions of
Committee.
9.
(1) The Committee shall administer the Fund .
(2) In the administration of the Fund, the Committee
shall, subject to the provisions of this Act and the rules
made thereunder. –
(a) collect, preserve, manage and utilise the Fund:
(b) hold the amounts and assets belonging to the Fund
in trust;
(c) receive applications for admission or re-admission
to the Fund and dispose of such applications within
ninety days from the date of receipt thereof;
(d) receive applications from the members of the Fund,
their nominee, dependents or legal representatives,
as the case may be, for payment out of the Fund,
and conduct such enquiry as it deems necessary for
the disposal of such applications and shall dispose
of the applications within ninety days from the date
of receipt thereof;
(e) record in the minutes book of the Committee its
decision on the applications received under clause
(c) and (d) ;
(f) pay to the applicant amount at the rate specified in
the Schedule ;
(g) send such periodical and annual reports as may be
prescribed to the State Government and the Bar
Council ;
(h) communicate to the applicant by registered post
with acknowledgement due its decision on the
application for admission or readmission to the
Fund or claims to the benefit of the Fund ;
(i) appoint such officers and servants as it may think
necessary for carrying out the purposes of this Act
on such terms and conditions as may prescribed ;
and
(j) do such other acts as are, or may be, required to be
done by it under this Act and the rules made
thereunder.
(3) The Bar Council or the Committee may give to the
Advocates Association or Bar Association such
direction as, in its opinion are necessary or expedient
for carrying out the purposes of the Act.
Borrowing and
investment.
10.
(1) the Committee may, with the prior approval of the
State Government and the Bar Council, borrow from
time to time any sum required for carrying out the
purposes of this Act.
(2) The Committee shall deposit all moneys and receipts
forming part of the Fund in any Schedule Bank or
invest the same in loan to any corporation owned or
controlled by the Central Government or the State
Government or in loan floated by the Central
Government or the State Government or in any other
manner as the Committee may, from time to time
decide with the approval of the State Government.
(3) All amounts due and payable under this Act and all
expenditure reiating to the management _and
administration of the Fund shall be paid out of the
Fund.
Accounts and
Audit.
11.
(1) The Committee shall keep and maintain books of
accounts and other books in such form and in such
manner as may be prescribed.
(2) The accounts of the Committee shall be audited
annually by a Chartered Accountant by the Bar
Council.
(3) The Accounts of the Committee as audited by the
Chartered Accountant together with his audit report
shall be forwarded to the Bar Council by the
Committee and the Bar Council may issue such
directions, as it deems fit, to the Committee in respect
thereof.
(4) The Committee shall comply with the directions
issued by the Bar Council under sub-section (3).
(5) The Committee shall pay from the Fund the charges
for the audit.
Powers and
duties of
Secretary.
12.
The Secretary of the Committee shall, -
(a) be the Chief Executive Authority of the Committee
and responsible for carrying out its decisions ;
(b) represent the Committee in all suits and proceedings
for and against the Committee ;
(c) authonticate by his signatures all decisions and
instructions of the Committee ;
(d) operate the bank accounts of the Committee jointly
with the Chairman of the Committee or his nominee ;
(e) convene meetings of the Committee and record its
minutes;
(f) attend the meetings of the Committee with all
necessary records and information ;
(g) maintain such forms, registers and other records as
may be prescribed from time to time and do all
correspondence relating to the Committee ;
(h) prepare an annual statement of business transacted by
the Committee during each financial year; and
(i) do such other acts as may be directed by the
Committee and the Bar Council.
CHAPTER – IV
RECOGNITION AND REGISTRATION OF BAR
ASSOCIATIONS
Recognition and
registration of
Bar Association.
13.
(1) All Associations of Advocates known by any name
functioning in any court headquarter shall, before a
date to be notified by the Bar Council in this behalf,
apply to the Bar Council in such form as may be
prescribed, for recognition and registration as a Bar
Association under this Act.
(2) Every application for recognition and registration shall
be accompanied by the rules or bye-laws of the
Association of Advocates, names and addresses of the
office bearers of the said Association and alongwith an
up-to-date list of its members showing the names,
ages, dates of enrolment and the ordinary place of
practice of such members.
(3) The Bar Council may, after such enquiry as it deems
necessary, recognise the said Association of
Advocates as a Bar Association and issue a certificate
of registration in such form as may be prescribed.
(4) The decision of the Bar Council regarding the
recognition and registration of a Bar Association shall
be final.
Duties of Bar
Association.
14.
(1) Every Bar Association shall, on or before the 15th
April of every year, furnish to the Bar Council a list of
its members as on the 31st March of that year.
(2) Every Bar Association shall intimate to the Bar
Council-
(a) any change of the office bearers of the Bar
Association within fifteen days from such change;
(b) any change in the membership including
admission and re-admission within thirty days of
such change;
(c) the death, retirement or voluntary suspension of
practioner of any of its members within thirty
days from the date of occurrence thereof ; and
(d) such other matter as may be required by the Bar
Council from time to time.
(3) Every Bar Association shall carry out the directions
given by the Bar Council or the Committee, as the
case may be.
MEMBERSHIP OF FUND AND PAYMENT
THEREFROM
Membership of
the Fund and
payment
therefrom.
15.
(1) Every Advocate practising in any court, tribunal or
other authority in the State of Assam may apply to the
Committee for admission as member of the Fund, in
such form as may be prescribed.
(2) On receipt of any application under sub-section (1),
the Committee shall make such enquiry as it deems fit
and either admit the applicant to the Fund or, for
reasons to be recorded in writing, reject the
application :
Provided that no order rejecting an application
shall be passed unless the applicant has been given an
opportunity of being heard.
(3) Every applicant shall pay an application fee of one
hundred rupees to the account of the Committee
alongwith the application.
(4) In the event of rejection of the application, the
application fee paid shall be refunded to the applicant.
(5) Where an Advocate is admitted as a member of the
Fund, he shall pay to the Fund an amount of rupees 1 [two thousand] as membership fee either in one
instalment or two half yearly instalments of rupees 2 [one thousand] each within one year from the date of
admission and on such payment the membership of the
Advocate concerned shall, subject to the provisions of
sub-section (7), be for his life. The membership fee
shall be non-refundable.
1. Subs. by Assam Act No. XXX of 2010.
2. Subs. by Assam Act No. XXX of 2010.
(6) Every member shall, at the time of admission to the
membership of the Fund, make a nomination
conferring on one or more dependents the right to
receive the amount which may be due to him from the
Fund in the event of his death before the amount has
been paid to him. If a member nominates more than
one nominee, he shall specify in the nomication the
share payable to each of the nominees :
Provided that a members may at any time cancel
a nomination by sending a notice in writing to the
committee alongwith a fresh nomination.
(7) Every member who voluntarily suspends practice or
retires, shall, within three months of such suspension
or retirement, intimate that fact to the Committee, and
if any member fails to do so without sufficient reason,
the Committee, may reduce, in accordance with such
principles as may be prescribed, the amount due to
that member.
Payment from
the Fund on
cessation of
practice.
16.
(1) A member of the Fund shall, on cessation of practice,
be entitled to receive from and out of the Fund an
amount at the rate specified in the Schedule.
(2) In the event of death of a member, a consolidated
amount as determined by the Committee in the manner
prescribed, may also be paid to the nominee or where
there is no nominee, to his dependents in addition to
payment under sub-section (1).
Explanation :- For the purpose 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.
(3) A member of the Fund may, opt for retirement
benefits as enumerated in sub-section (I) at any time
after ten years of his admission as a member of .the
Fund; but he shall be eligible for re-admission as a
new member to the Fund subject to such conditions as
may be prescribed :
Provided that a member suffering from parmanent
disablement shall be allowed to retire within ten years
of his admission to the Fund.
(4) For calculating the period of completed years of
practice for the Purpose of payment under this Act,
every four years of practice at the Bar, if any, before
the admission of a member to the Fund, shall be
computed as one year of practice and added to the
number of years of practice after such admission.
(5) In the case of a member who dies within five years of
his admission to the Fund, his nominee or legal heirs,
as the case may be, shall be eligible to get an amount
at the rate of one thousand rupees per year of practice.
(6) An application for payment from the Fund shall be
preferred to the Committee in such form as may be
prescribed.
(7) An application received under sub-section (6) shall be
disposed of by the Committee after such enquiry as it
deems necessary.
Restriction on
alienation
attachment etc.,
of interest of
member in the
Fund.
17.
(1) The interest of any member in the Fund, or the right of
a member or his nominee or legal heirs to receive any
amount from the Fund, shall not be assigned, alienated
or charged and shall not be liable to attachment under
any degree 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
nominee or legal heirs.
Explanation :- For the purposes of this section, "creditor"
includes the Government or an official assignee or
receiver appointed under the Provincial Insolvency
Act, 1920 or any other law for the time being in force.
Central
Act 15
of 1920.
CHAPTER – VI
PRINTING AND DISTRIBUTION OF STAMPS
Printing and
distribution or
stamps by the
Committee.
18.
(1) The Committee shall cause to be printed and
distributed the stamps of the value of rupees 1 [six and
twelve] respectively with the Bar Council emblem and
its value inscribed thereon.
(2) The Fund Stamps shall be of the size 1" x 2" and shall
be sold by the Committee.
(3) The custody of the Fund Stamps shall be with the
Committee.
(4) The Committee shall control the distribution and sale
of the Fund Stamps through Bar Associations in such
manner and procedure as may be prescribed.
(5) The Committee shall keep proper accounts of the Fund
Stamps in such form and in such manner as may be
prescribed.
(6) The Bar Associations shall purchase the Fund Stamps
from the Committee after paying the value thereof less
ten per cent of such value towards incidental expenses.
Affixation or
Fund Stamp.
19.
(1) Every vakalatnama filed shall be affixed with one
Fund Stamp of the value of 2 [twelve] rupees in case of
vakalatnama filed in the High Court or a Tribunal, the
Assam Board of Revenue or any other quasi judicial
Authority and rupees 3 [six] in all other cases in
addition to the required Court fee stamp and no
vakalattfiuna shall be filed before or received by any
Court, Tribunal or other authority or person unless it is
so stamped :
Provided that the provision of this sub-section shall
not apply to any vakalatnama filed by or on behalf of
the Central or the State Government.
1. Subs. by Assam Act No. XXX of 2010.
2. Subs. by Assam Act No. XXX of 2010.
3. Subs. by Assam Act No. XXX of 2010.
(2) The value of the Stamp shall neither be the cost in the
case nor be received or collected in any event from the
client.
(3) Any contravention of the provisions of sub-section (1)
or (2) by any member of the Fund shall disentitle him
either in whole or in part to the benefits of the fund
and the Committee shall report such instances to the
Bar Council for appropriate action.
Cancellation or
Fund Stamps.
20.
Every Fund Stamp affixed on vakalatnama under section
19 filed in any Court or Tribunal or before any other
authority shall be cancelled in the manner provided under
section 20 of the Court Fees Act, 1870.
Central
Act 7 of
1870.
CHAPTER – VII MISCELLANEOUS
Meeting of the
Committee.
21.
The Committee shall meet, at least once in three calender
months or more often if found made necessary, to transact
business under this Act or the rules made thereunder.
Manner of
holding meeting.
22.
(1) One third members of the Committee shall form the
meeting of the Committee.
(2) The Chairman or in the absence a member elected by
the members of the Committee present shall preside
over the meeting of the Committee.
(3) The meetings of the Committee shall ordinarily be
held at the office of the Bar Council.
(4) Any matter coming up before the meeting of the
Committee shall be decided by a majority of the votes
of the members present and voting at the meeting and
in the case of an equality of votes, the Chairman or the
member presiding over the meeting shall have a
casting vote.
(5) The Secretary of the Committee shall not have a
voting right in the meeting.
Travelling and
daily allowances
to the members
or the
Committee.
23.
The members of the Committee shall be eligible to get
such travelling allowances and daily allowances as are
admissible to the members of the Bar Council.
Ex-gratia grant
to a member of
the Fund.
24.
The Committee, on an application submitted to it, and after
being satisfied about the genuineness of the claim, may
allow ex-gratia grant to a member from the Fund-
(a) in the case of hospitalisation or involving major
surgical operation ; or
(b) if he is suffering from tuberculosis, leprosy, paralysis,
cancer, unsoundness of mind or from such other
serious diseases or disabilities.
Review. 25.
(1) The Committee may suo moto at any time or on an
application received from any person interested,
within ninety days of the passing of any order under
the provisions of this Act, review any such order, if it
was passed by them under any mistake, whether of
fact or of law or in ignorance of any material fact :
Provided that the Committee shall not pass any
order adversely affecting any person unless such
person has been given an opportunity of making his
representation.
Group-life
Insurance for
members and
other benefits.
26.
The Committee may, for the welfare of the members of the
Fund-
(a) obtain from the Life Insurance Corporation of India,
policies of Group Insurance for the members of the
Fund;
(b) provide for educational facilities for the members of
the Fund and their dependents including an insurance
for that purpose ; or
(c) provide for such other benefits and amenities as may
be prescribed.
Protection of
action taken in
good faith.
27.
(1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is done in good
faith or intended to be done in pursuance of the
provisions of this Act or any rules made thereunder.
(2) No suit or other legal proceeding shall lie against the
Committee or the Bar Council for any damage caused
or likely to be caused by anything which is done in
good faith or intended to be done in pursuance of the
provisions of this Act or any rules made thereunder.
Bar of
Jurisdiction of
Civil Courts.
28.
No Civil Court shall have jurisdiction to settle, decide or
deal with any question or to determine any matter which is
by or under this Act require to be settled, decided or dealt
with or to be determined by the Committee or the Bar
Council.
Power to
summon witness
and to take
evidences.
29.
The Committee and the Bar Council shall for the purpose
of any enquiry under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code
of Civil Procedure 1908 in respect of the following
matters, namely:-
(a) enforcing the attendance of any person or examining
him on oath ;
(b) requiring the discovery and production of
documents;
(c) receiving evidence on oath by affidavit; and
(d) issuing Commission for the examination of
withensses.
Central
Act 5 of
1908.
Appeal against
decision of the
Committee.
30.
(1) An appeal against any decision or order of the
Committee shall lie to the Bar Council. The appeal shall
be in the prescribed form and shall be accompanied
with Copy of decision appealed against. The appeal
shall be filed, within thirty days from the date of the
receipt of the order appealed against.
(2) Any appeal preferred under sub-section (1) shall be
heard and disposed of in such manner and procedure as
may be prescribed.
(3) The decision of the Bar Council on appeal shall be final.
Power to amend
the Schedule.
31.
(1) The State Government may, by notification, on the
recommendation of the Committee 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 be
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.
Power to make
rules.
32.
(1) The State Government may, by notification in the
Official Gazette, make rules for carrying out the
purposes of this Act.
(2) All rules made by the State Government under this
Act shall, as soon as may be after they are made, be
laid before the State Legislature, while it is in session,
for a total period of not less than fourteen days which
may be comprised in one session or two or more
successive sessions, and shall, unless some later date
is appointed take effect from the date of their
publication in the Official Gazette subject to such
modifications or annulments as the Legislature may,
during the said period agree to make, so however, that
any such modification or annulment shall be without
prejudice to the validity of anything previously done
thereunder.
SCHEDULE (See section 16)
5. Years: Standing Rs.15,000.00
6. Years: Standing Rs.16,000.00
7. Years: Standing Rs.17,000.00
8. Years: Standing Rs.18,000.00
9. Years: Standing Rs.19,000.00
10. Years: Standing Rs.20,000.00
11. Years: Standing Rs.21,000.00
12. Years: Standing Rs.22,000.00
13. Years: Standing Rs.23,000.00
14. Years: Standing Rs.24,000.00
15. Years: Standing Rs.25,000.00
16. Years: Standing Rs.26,000.00
17. Years: Standing Rs.27,000.00
18. Years: Standing Rs.28,000.00
19. Years: Standing Rs.29,000.00
20. Years: Standing Rs.30,000.00
21. Years: Standing Rs.32,000.00
22. Years: Standing Rs.34,000.00
23. Years: Standing Rs.36,000.00
24. Years: Standing Rs.38,000.00
25. Years: Standing Rs.40,000.00
26. Years: Standing Rs.42,000.00
27. Years: Standing Rs.44,000.00
28. Years: Standing Rs.46,000.00
29. Years: Standing Rs.48,000.00
30. Years: Standing or above Rs.50,000.00
M. K. DEKA,
Secretary to the Govt. of Assam
Legislative Department.