(1) There shall be printed or cause to be printed by the Commissioner & Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad, in such manner as may be prescribed a combined stamp superscribed in Telugu language as “Nyayavadula mariyu vari Gumasthala Samkshema Nidhi” each of the value of fifty rupees through Government Security Printing Press, on an indent placed by the Andhra Pradesh Advocates’ Welfare Fund Committee in such form as may be prescribed.
(2) Every Vakalat/Memo of Appearance filed before any Court, Authority, Tribunal, Forum or Commission including every Vakalat/Memo of Appearance filed by all the Law Officers appearing for the State and Central Governments and their instrumentalities shall be affixed with the Stamp worth of rupees fifty and no such Vakalat/Memo of Appearance shall be valid or accepted without such Stamp.
(3) The person or authority receiving a Vakalat with such stamp shall forthwith, effect cancellation of the stamp by punching out the same.
(4) The custody and distribution of stamps shall be with the Andhra Pradesh Advocates’ Welfare Fund Committee and the sale of the stamps shall be through recognized Bar Associations.]
3[12-A. Apportionment of sale proceeds and the cost of printing of stamps - (1) Notwithstanding anything contained in section 12, out of the sale proceeds of the stamps worth of Rs.50/-, a sum of Rs.43/- shall be credited to the Andhra Pradesh Advocates’ Welfare Fund and Rs.7/- shall be credited to the Andhra Pradesh Advocates’ Clerks Welfare Fund and where such a stamp is affixed to Vakalat/Memo of Appearance, the provision sub-section (2) of section 12 shall be deemed to have been complied with.
(2) The cost of the printing of the stamps under sub-section (1) of section 12 shall be apportioned between the Andhra Pradesh Advocates’ Clerks Welfare Fund constituted under section 3 of the Andhra Pradesh Advocates’ Clerks Welfare Fund Act, 1992 and the Andhra Pradesh Advocates’ Welfare Fund constituted under section 3 of the Andhra Pradesh Advocates’ Welfare Fund Act, 1987 in such manner as may be prescribed.]
1. Omitted by the Act No. 30 of 2006, S.3.
2. substituted by the Act No. 24 of 2011, S.2.
3. Inserted by the Act 19 of 1992, S.3 and later substituted by the Act No. 24 of 2011, S.3.
13. Recognition and Registration of Advocates' Clerks' Association- (1) All associations of Advocates' Clerks' known by any name functioning in any Court Headquarters may, before a date to be notified by the Committee in this behalf, apply to the Committee in such form as may be prescribed, for recognition and registration as an Advocates' Clerks' Association under this Act, subject to such rules as may be made in this behalf.
(2) Every application for recognition and registration shall be accompanied by the rules or bye-laws of the association, 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 employment of such member.
(3) The Committee may, after such enquiry as it deems necessary recognise the association as an Advocates' Clerks' Association and issue a certificate of registration in such form as may be prescribed.
(4) The decision of the Committee regarding the recognition and, registration of an Association shall be final.
14. Duties of Advocates' Clerks' Associations- (1) Every Advocates' Clerks' Association shall, on or before the 15th April of every year, intimate to the Committee a list of its members as on the 31st March of that year.
(2) Every Association shall intimate to the Committee,-
(a) any changes of the office bearers of the association within fifteen days from such change;
(b) any change in the membership including admission and readmission within thirty days of such changes;
(c) the death or retirement 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 Committee from time to time.
15. Membership of the Fund- 1[(1) Every recognised clerk of the Advocate in the State below 2[the age of 45 years] and being a member of any Advocates’ Clerks Association recognised by the Committee may apply to the Committee for admission as a member of the fund, in such form as may be prescribed.]
(2) On receipt of an 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) 3[XXXX]
(4) In the event of rejection of the application, 4[the amount] paid along with the application shall be refunded to the applicant.
5[(5) Every recognised clerk of the Advocate in the State shall pay to the fund an admission fee of rupees fifty along with an amount of rupees five hundred towards subscription for life membership.]
(6) Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more 6[nominees] 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.
1. Substituted by the Act No. 4 of 2003, S.8.
2. Substituted by the Act No. 24 of 2008, S.2.
3. Omitted by the Act No. 4 of 2003, S.8.
4. Substituted by the Act No. 4 of 2003, S.8.
5. Substituted by the Act No. 4 of 2003, S.8.
6. Substituted by the Act No. 4 of 2003, S.8.
(7) If a member nominated more than one person under sub-section (6), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may be paid to him.
(8) A member may at any time cancel a nomination by sending a notice in writing to the Committee along with a fresh nomination.
(9) Every member who retires shall, within three months of such 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.
1[(10) Where on receipt of a complaint or otherwise the Committee has reason to believe that any Advocates’ Clerk secured admission as a member of the Fund by misrepresentation, fraud or undue influence, it shall be competent for the Committee to remove the name of such Advocates’ Clerk from the membership of the Fund:
Provided that no order under this sub-section shall be passed unless the person likely to be adversely affected has had an opportunity of being heard.]
2[15-A. Retired person is not eligible for membership - A person retired from any service and drawing pension shall not be admitted to the Membership of the Fund.]