GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Gujarat Act No. 14 of 1991
THE GUJARAT ADVOCATES
WELFARE FUND ACT, 1991
( As modified upto the 31 st May , 2012)
1
THE GUJARAT ADVOCATES WELFARE FUND ACT, 1991
CONTENTS
PREAMBLE
SECTIONS. PAGE NO.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions
CHAPTER II
CONSTITUTION AND MANAGEMENT OF ADVOCATES WELFARE FUND.
3. Constitution of Fund
4. Council to manage Fund
5. Constitution of Administrative Committee.
6. Term of office of nominated members of Administrative Committee.
7. Disqualification and removal of nominated members.
8. Resignation by nominated members.
9. Filling up of casual vacancies.
10. Appointment of officers and servants.
11. Amounts to be paid out of the Fund.
12. Periodical and annual reports to be sent to Government.
13. Maintenance of accounts and audit.
CHAPTER III
RECOGNITION AND REGISTRATION OF BAR ASSOCIATIONS.
14. Recognition and registration of Bar Association.
15. Duties of Bar Association.
CHAPTER IV
MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM.
16. Membership of Fund.
16A. Membership, subscription and cessation of membership.
17. Member to appoint nominee and to give notices of cessation of practice etc.
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SECTIONS. PAGE NO.
18. Payment of retiring benefit from fund.
CHAPTER V
CONTRIBUTION BY MEMBERS TO THE FUND AND MODE OF PAYMENT
THEREOF.
19. Vakalatnama to bear stamps.
20. Printing and Sale of Stamps.
21. Deleted.
22. Deleted.
23. Deleted.
CHAPTER VI
MISCELLANEOUS
24. Group Life Insurance for members and giving other benefits.
25. Restriction on alienation attachment etc. of interest of member in the Fund.
26. Vacancy in Administrative Committee not to invalidate Acts or proceedings.
27. Protection of action taken in good faith.
28. Bar of Jurisdiction of Civil Court.
29. Administrative Committee and Bar Council to have powers of Civil Courts.
30. Power to make regulations.
31. Power to amend Schedule in certain circumstances.
SCHEDULE
3
GUJARAT ACT No. 14 OF 1991.
(THE GUJARAT ADVOCATES WELFARE FUND ACT, 1991)
(31st August, 1991) Amended by Guj. 19 of 2003. An Act to provide for the constitution of an Advocates Welfare Fund and utilisation thereof for payment of certain retirement and other benefits to the advocates in the State of Gujarat.
It is hereby enacted in the Forty-second Year of the Republic of India as follows :—
CHAPTER I
Preliminary
1. (1) This Act may be called the Gujarat Advocates Welfare Fund Act, 1991.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) "Administrative Committee" means the Administrative Committee constituted under section 5;
(b) "advocate" means a person whose name has been enrolled on the roll of advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act:
(c) "Advocates Act" means the Advocates Act, 1961;
(d) "Advocates Welfare Fund" or "Fund" means the fund Constituted under section 3 and maintained under the provisions of this Act;
(e) "Bar Association" means an association of advocates attached to any court or any tribunal or such other authority or person as is legally authorised to take evidence or to adjudicate or to decide any dispute in the State of Gujarat and recognised by the Bar Council under section 14;
(f) "Bar Council" means the Bar Council of Gujarat constituted under section 3 of the Advocates Act;
(g) "cessation of practice" in relation to an advocate means discontinuance of practice by the advocate by taking up any employment, trade, calling or other similar engagement or discontinuance of practice on account of death ;
(h) "dependents" means wife, husband, father, mother, unmarried daughter and minor child or such of them as exist;
(i) "member of the Fund" means an advocate who is admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act;
(j) "nominee" means a person nominated in the prescribed manner by a member of the Fund to receive the amount, which may be due to the member, from the Fund in the event of his death before the amount is paid to him ;
(k) "prescribed" means prescribed by regulations ; Short title extent
and commencement
Definitions.
XXV of 1961
4
(l) "regulations" means regulations made by the Bar Council under this Act;
(m) "retirement" means giving up of practice as an advocate which is communicated to and recorded by the Bar Council ;
(n) "stamp" means the Gujarat Advocates Welfare Fund Stamp printed and distributed by the Bar Council under section 20 ;
(o) "standing" means the period of actual practice after the commencement of this Act;
(p) "suspension of practice" means suspension of practice as an advocate voluntarily or otherwise.
CHAPTER II
Constitution and management of Advocates Welfare Fund.
3. (1) The State Government shall constitute a fund called the Gujarat Advocates Welfare Fund.
(2) There shall be credited to the Fund—
(a) an initial amount of rupees one lakh to be contributed by the Bar Council to the Fund ;
(b) all the amounts to be contributed by the Bar Council annually from the year 1991 onwards under sub-section (3);
(c) any other contribution made by the Bar Council ;
(d) any voluntary donation or contribution to the Fund made by the Bar Council of India or any other Bar Council or any Bar Association2[or any other association or institution or any other person;]
(e) any voluntary donation made to the Fund by any advocate or his relatives;
(f) contributions paid by members of the Fund to the Fund under section 19;
(g) all sums received from the Life Insurance Corporation of India on the death of any member of the Fund under any Group Insurance Policy:
(h) any profit or dividend from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
(i) any interest or dividend or other return on any investment made of any part of the Fund.
3 [(j) 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) The Bar Council shall contribute to the Fund annually an amount at such rate not exceeding thirty per cent, of the enrolment fees realised by it as the Bar Council may from time to time think fits.
4. For the purpose of management and utilisation of the Fund under this Act, the Fund shall vest in the Bar Council and the Fund shall be held and applied by the Bar Council in Constitution of
Fund.
Bar Council to
manage Fund.
5
accordance with the provisions of this Act and the regulations.
5. (1) There shall be an administrative committee, consisting of the following members, namely :—
(a) The Advocate-General, Gujarat State….Ex-Officio
(b) The Secretary and Remembrancer of Legal Affairs….Ex-Officio to Government of Gujarat, Legal Department.
(c) The Chairman of the Bar Council of Gujarat. .. Ex-Officio (d)The Chairman of the Executive Committee of the….Ex-Officio Bar Council.
(e)Three members to be nominated by the Bar Council--from amongst its members.
(2) The powers, functions and duties of the Administrative Committee shall be as provided by this Act and by regulations.
6. A person nominated as a member of an Administrative Committee-under clause (e) of sub- section (1) of section 5 ( hereinafter in sections 7, 8 and 9 referred to as "the nominated member" ) shall hold office for such period as may be prescribed or for the duration of his membership in the Bar Council whichever is less, unless he is4[disqualified under sub-section (1)] of section 7 or resigns his office and his designation is accepted by the Bar Council under section 8.
7. (1) A person shall be a disqualified to be a5[nominated or for being a] member if he-
(a) is adjudged by a competent court to be of unsound mind; or
(b) is adjudicated an insolvent and has not obtained his discharge or
(c) is convicted of an offence which in the opinion of the State Government involves moral turpitude; or
(d) has in the opinion of the State Government committed a breach of trust or where he is a member of the Fund committed persistent default in payment of his contribution to the Fund under section 19. 6 [ * * * * * * *]
Provided that no order removing any member shall be made unless that member and the Bar Council have been given an opportunity of being heard.
8. A nominated member may resign his office by giving one month's notice in writing to the Bar Council and on such resignation being accepted by the Bar Council, the nominated member shall be deemed to have vacated his office.
9. A casual vacancy in the office of a nominated member occurring on account of death, resignation or7[disqualification] of the number shall be filled up, as soon as may be, by nomination of a person by the Bar Council under clause (e) of sub-section (1) of section 5 and the person so nominated shall hold office so long as the member in whose place he is nominated would have been entitled to hold office, if the vacancy had not occurred.
10. For carrying out the provisions of this Act the Bar Council may appoint such officers and servants on such terms and conditions as may be prescribed.
11. All amounts due and payable under this Act and all expenditure relating to the Constitution of
administrative
committee.
Term of office of
nominated members
of Administrative
Committee.
Disqualification and
removal of
nominated
members.
Resignation by
nominated
members.
Filing up of casual
Vacancies.
Appointment of
officers and
servants.
Amounts to be paid
out of the Fund.
6
management and administration of the Fund shall be paid out of the Fund.
12. The Bar Council shall send to the State Government such periodical and annual reports as may be prescribed.
13. (1) The Bar Council shall cause to be maintained such books of account and other books in such form and in such manner as may be prescribed. 8[(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 who shall be appointed by the Bar Council of Gujarat.]
(3) After the account of the Fund is so audited, the Bar Council shall send a copy of the auditor's report and balance sheet to the State Government.
(4) The Bar Council shall comply with the report of the auditor and may issue such direction in that behalf to the Administrative Committee as it may think fit.
CHAPTER III
Recognition and registration of Bar Associations.
14. (1) Any association of advocates known by any name functioning in any court or before any tribunal or before any other authority or person legally authorised to take evidence or to adjudicate or decide any disputes may apply to the Administrative Committee in the prescribed form for recognition and registration.
(2) Every application for recognition and registration shall be accompanied by the rules or by-laws of the Association, the names and addresses of the office bearers of the Association and an up-to-date list of the members of the Association showing the name, address, age, date of enrolment and the ordinary place of practice of each member.
(3) The Administrative Committee may after such enquiry as it deems necessary recognise or refuse to recognise the association.
(4) On recognition of such an association, Administrative Committee shall issue a certificate of registration in the prescribed form.
(5) Any association aggrieved by the decision of the Administrative Committee under sub-section (3), may prefer an appeal against the said decision to the Bar Council.
(6) The appeal shall be accompanied by—
(a) the order appealed against;
(b) a fee of one hundred rupees which shall not be refunded.
(7) The appeal shall be filed within thirty days from the date of receipt of the order appealed against.
(8) The decision of the Bar Council on the appeal shall be final.
15. (1) Every Bar Association shall, on or before the 3lst January, every year, intimate to the Bat Council a list of its members as on the 31st December of the previous year.
(2) Every Bar Association shall intimate to the Bar Council—
(a) any change of the office bearers of the Association within thirty days from such change;
Periodical and
annual reports to be
sent to Government
Maintenance of
accounts and audit.
1 of 1956.
Recognition and
registration of Bar
Association
Duties of Bar
Association.
7
(b) any change in the membership, including admissions and re-admissions in sixty days of such change,
(c) the death, retirement, suspension, cessation of practice of any of its members within ninety days from the date of occurrence thereof; and
(d) such other matter as may be prescribed or required by the Bar Council from time to time.
CHAPTER IV.
Membership in the Fund and Payment therefrom.
16. (1) Any Advocate who permanently resides in the State of Gujarat and practices before any Court or any Tribunal, or any other authority or Person legally authorised to-take evidence or to adjudicate or decide any disputes in the State of Gujarat and is a member of Bar Association recognised under section 148[shall require 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] to the Administrative Committee for admission as a member of the Fund.
(2) On receipt of an application under sub-section (1), the Administrative Committee shall make such inquiries 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 the application shall be passed unless the applicant has been given an opportunity of being heard.
(3) The applicant whose application is rejected under sub-section (2) may prefer an appeal to the Bar Council.
(4) The appeal shall be accompanied by the order appealed against.
(5) The Appeal shall be filed within thirty days from the date of receipt of the order appealed against.
(6) The decision of the Bar Council on the appeal shall be final. 9 [16A. (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.]
17. (1) Every member of the Fund shall, at the lime of admission to the membership of the Fund, make a nomination appointing a nominee in the prescribed manner.
(2) A member may at any time cancel such nomination by sending a notice in writing to the Administrative Committee, provided that a member shall alongwith such notice send a fresh nomination.
(3) Every member who voluntarily suspends practice or ceases to practice or retires shall, within sixty days of such suspension, cessation or retirement, intimate that fact to the Administrative Committee.
Membership of
Fund.
Membership,
subscription and
cessation of
membership.
Member to appoint
nominee and to give
notice of cessation
of practice etc.
8
18. (1) A member of the Fund shall, on cessation of practice, be, entitled to receive from out of the Fund an amount at the rate specified in sub-section (4).
(2) In the event of death of a member, the amount shall be paid to his nominee, or, where there is no nominee, to his dependents:
Provided that Administrative Committee may call for a succession certificate if circumstances so demand.
(3) A member of the Fund may opt for retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re-admission to the Fund as a new member subject to such conditions as may be prescribed.
(4) Payments shall be made under this section at the rate specified in the Schedule.
(5) An application for payment from the Fund shall be preferred to the Administrative Committee in the prescribed form.
(6) An application received under sub-section (5) shall be disposed of by the Administrative Committee after such inquiry as it deems necessary. 10 [(7) The amounts becoming payable to the member under section 24 shall be paid in such manner as may be prescribed.]
CHAPTER V.
Contribution by members to the Fund and the mode of payment thereof.
11 [19. (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.]
20. (1) The Bar Council shall cause to be printed and distributed the Gujarat Advocates Welfare Fund Stamps each of the value12[prescribed in section 19 with the Emblem of Bar Council.
(2) The stamps shall be of the size 2 c. m. X 4 c. m. and be sold only to the members Payment of retiring
benefit from Fund.
Vakalatnama to
bear stamps.
Printing and sale of
stamps.
9
of the Fund.
(3) The custody of the stamps shall be with the Bar Council.
(4) The Bar Council shall control the distribution and sale of the stamps through the Bar Associations.
(5) The Bar Council and Bar Associations shall keep proper accounts of the stamps in such form and in such manner as may be prescribed.
(6) The Bar Associations shall purchase the stamps from the Bar Council after paying the value thereof less ten per cent of such value towards incidental expenses.
(7) The Bar Council shall, after deducting from the sale proceeds of stamps the actual cost of printing and distribution of stamps, pay the amount realised by sale of stamps to the Administrative Committee within fifteen days after the end of every quarter. [21. Vakalatnama not acceptable unless stamped.
22. Value of Stamps not to be included in costs and not to be collected from clients.
23. Cancellation of stamps.] were delected by Guj. 19 of 2003, s.12.
CHAPTER VI.
Miscellaneous.
24. The Administrative Committee may, for the welfare of the members of the Fund,—
(a) obtain from the Life Insurance Corporation of India policies of Group Life Insurance for the members of the Fund;
(b) provide for medical and educational facilities for the members of the Fund and their dependents including an insurance for that purpose. 13 [(bb) to organise workshops, seminars, conferences and such other programmes for the benefit of the junior members of the Bar.]
25. (1) Notwithstanding anything contained in any other law for the time being in force, the interest of any member m the Fund, or the right of a member of the Fund or his nominee, dependents 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 decree or order of any court, tribunal or other authority or person.
(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 purpose of this section, 'creditor' includes the State or any official assignee or receiver appointed under any law for the time being in force.
26. No act or proceeding of the Administrative Committee shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of the Committee.
27. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any regulation.
(2) No suit or other legal proceeding shall lie against the Administrative Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done m pursuance of this Act or any regulation. Group Life
Insurance for
members and
giving of her
benefits.
Restriction on
alienation
attachment, etc. of
interest of member
in the Fund.
Vacancy in
Administrative
Committee not to
invalidate acts or procee-
dings.
Protection of action
taken in good faith.
10
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 required to be settled, decided or dealt with or to be determined by the Administrative Committee or the Bar Council.
29. The Administrative Committee and the Bar Council shall be competent to take evidence on oath and shall exercise all powers of a Civil Court m the summoning of witnesses and the production of documents.
30. (1) The Bar Council may, with the previous approval of the State Government, by notification, in the Official Gazette, make regulations for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the forgoing power such regulation may be made to provide for all matters expressly require allowed by this Act to be prescribed by the regulations.
(3) All regulations made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall there upon take effect.
31. (1) If the Bar Council recommends to the State Government to increase the rate of benefit specified in the Schedule, the State Government may, by notification in the Official Gazette, amend the said Schedule so as to increase the rate of benefit as recommended and on the issue of such notification, the said Schedule shall be deemed to be amended accordingly.
(2) Every such notification shall, as soon as possible after it is issued, be laid before the State Legislature.
Bar of Jurisdiction
of Civil Court.
Administrative
Committee and Bar
Council to have powers
of Civil Courts.
Power to make
regulations.
Power to amend
Schedule in certain
circumstances
11
SCHEDULE
( See sub-section (4) of section 18 ) Period of standing Rate of benefit
1 2
30 Years' standing Rs. 45000
29 Years' standing Rs. 43500
28 Years' standing Rs. 42000
27 Years' standing Rs. 40500
26 Years' standing Rs. 39000
25 Years' standing Rs. 37500
24 Years' standing Rs. 36000
23 Years' standing Rs. 34500
22 Years' standing Rs. 33000
21 Years' standing Rs. 31500
20 Years' standing Rs. 30000
19 Years' standing Rs. 28500
18 Years' standing Rs. 27000
17 Years' standing Rs. 25500
16 Years' standing Rs. 24000
15 Year's standing Rs. 22500
14 Years' standing Rs. 21000
13 Years' standing Rs. 19500
12 Years' standing Rs. 18000
11 Years' standing Rs. 16500
10 Years' standing Rs. 15000
9 Years' standing Rs. 13500
8 Years' standing Rs. 12000
7 Years' standing Rs. 10500
6 Years' standing Rs. 9000 Upto * 5 Years' standing Rs. 7500 *.
12
1. For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, dated the 19th February 1991, PP 19-12 to 19-14. *This Act was assented to by the President on the 31st August, 1991.
2 These words were added by Guj. 19 of 2 003, s. 2 (a). 3 This clause was added by Guj. 19 of 2003, s. 2(b).
4 These words, brackets and figure were substituted for the words, brackets and figure " removal under sub-section (2) by Guj. 19 of 2003, s.3.
5 These words were substituted for the word " nominated" by Guj. 19 of 2003, s. 4(1). 6 sub-section (2) was deleted, by Guj. 19 of 2003, s.4(2).
7 This word was substituted for the words "removal" by Guj. 19 of 2003.
8 These words were substituted for the words "may apply in the prescribed form " by Guj. 19 of 2003, s.7. 9 Section 16A was inserted by Guj. 9 of 2003, s.8. 10 Sub-section (7) was inserted, by Guj. 9 of 2003, s.9. 11 Section 19 was substituted for the original, by Guj. 9 of 2003, s.10.
12 These words were substituted for the words "of four rupees with the Bar Council Em item and its value inscribed thereon" by Guj. 19 of 2003, s.11. 13 Clause (bb) was added, by Guj. 19 of 2003, s.13.
13