(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 Assodation; 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 ;
(t) 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 ;
1 1 i I THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 565
(g) any interest or dividend or other return on any investment made of any part of the Furtd;
(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 ESTABLISHMEi'\T OF THE ASSAM ADVOCATES' J WELFARE FUJ\'D COMMITTEE Corl!itilution 4 . ( 1) The State Gmemment may, by notification. constitute with ofthe effect from such Jale as may be specified therein a Assam Committee to be called the Assam AdHKates' Welfare Advocates' Welfare Fund C..ommittee.
Fund Commit tee.
(2) The Committe shall be a body corporate ha\·ing 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.
566 THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 15, . 1999 . ( e) the Commissioner and Secretary to the Government of Assam, Finance Department - Ex-officio member· . '
(t) 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 (t) 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 5. No person shall be nominated and continue as a member of and removal or the Committee under clause (f) of sub-section (3) of section nominated 4 if he _ · member
(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 Central
(t) ceases to be an Advocate under the Advocates Act 25 or Act, 1961. · · 1961 .• TI-IE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 567 Resignation 6. ( 1) Any member nominated under clause (f) of sub-section (3) and of section 4 by the Bar Council may resign his office by casual giving three months notice in writing to the Chairman of vacancy h C · t e ommittee and on such resignation being accepted by the Chairman, the said member shaJl 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 disqulifications mentioned in section 5 ; or
1. (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 fi1led in as soon as possible in the same manner and for the same term or duration as is mentioned in section 4.
Act of 7. No act done or proceedings taken, under this Act or the rules Committee made thereunder, by the Committee shall be invalid merely not to be invalidated by reason of - by vacancy, defector ixngularity.
(a) any vacancy or defect in the constitutiori 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 8. The Fund shall vest in and be held and applied by the and ,appli~tion · Committee subject to the provisions and for the purposes of Fund. . . of this Act.
568 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 ~unctions 9. ( 1) The C<m:tmi.tt:ee shall atlminister the Fund .
. of Committre.
(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 asse.ts 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 1 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 qays 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 applic~tion for adrriission or readmission to the Fund or claims to the benefit of the Fund ;
0 •.
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" / - THE ASSAM GAZETTE, EXTRAORDINARY, WNE 15, 1999 569
(i) appoint such officers and servants as it may think necessary for carrying ollt 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 itundcr thi~ Act and the rule~ m~dc 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 10. ( 1) the Committee· may, with the prior approval of the State :-ndestm. · Government and the Bar Council, borrow from time to IDV ent time any sum req~ired 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 Gov~rnment 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.
• 570 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 15, 1999 · Accounts and Audit.
Powers and duties ·or Secretary .• " 'l~}l · ... ~ ~ : ; t> 1 :•
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) l)le_Accoumts 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 respe~t threof.
(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.'
12. The Secretary of the Committee shall, -
(a) be the Chief Executive Authority of the Committee and responsible for carrying out it~ decisions ;
(b) represent the Committee in all suits and proceedings for and against the Committe ;
(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 Commiq~e 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.
I ., ). . .
0 Recogni tion and reglstra .Uon of .\lar Associa t.ion.
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THE ASSAM GAZETTE. EX1RAORDINARY. WNE 15. · 1999 ' '/~~ I _)' . _ 1 f-=- _ : '~ I ~
CHAPTER - IV RECOGNITION.AND REGISTRATION OF BAR . ASSOCIATIONS
13.(1.) -.A~l ~ss~ciations of Advocate~ known by an name functl.?.1~ung in any court hea.d9uarter shall. before ! date to be not:I_f1~d by the Bar Council m this behalf, apply to the Bar Counc1~ m s_uch form as may be prescribed, for recognition and registration as a Bar Associarion 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 14.(1) Every Bar Association .shall, on or before the 15th April Bar of every year, furnish to the Bar Council a list of its As$ocla- members as on the 3 lst March of that year.
tlon.
(2) Every Bar Assoc_iation 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 ..
' • ' 571 " ' 572 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 Member ship · of the Fund and payment · therefrom.
(d) such other matter as may be required by the Bar Council from time to time.
(3) Every Bar Association shall carry out the dh-ecJons g~ven by the Bar Council or the Committee, as the case may be.
MEMBERSHIP OF FUND AND PAYMENT THEREFROM
15.(1) Every Adv~ocate 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 ~ting, 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 one thousand as membership fee either in one instalment or two half yearly instalments of rupees five hundred each within one year from th 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.
(6) Every member shall, at the time of admission to the membrship 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 :
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THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 15, 1999 573 ' '/~' I . i " . __ J - · ~-
Provided that a members may at any time .cancel a nomination by sending a notice in writing to the ~ommittee 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 membet f~.ils to do so without sufficient reason, ;. the· Committee, may reduce, in accordance with such principles as may be_prescribed, th~ amount due to that member.
Paymen·t 16,(1) A member of the Fund shall, on ces.sation of p~actice, be fr6m the · · · · entitled to receive from and out of the Fund an amount at the Fund on rate specified' in the Schedule. . , cessation or prac- · tlce.
''' .• '
(2) In the event of death of a member, a consolidated amount · as determine<;! by the Committee in the manner prescribed, may also be' paid to t~e 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-sectioq the word "dependent" means any of the following relatives oCa 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, optfor retirment benefits as _enumerated in sub-section (I) at any time after ten years of his admissi<?n as a i;nember of .the Fund; bi.lt he shall be eligjble 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 disal;>le~ent shall be allowed to retire within ten years of his adm1ss1on to the Fund. · · · . I · ( 4) . _For calculating the period of completed years of practice .· for the P.urpose of paym~nt under this Act, every four years of practice at the Bar, if any, before the admission of a mem?er to the Fund, shall be computed · as one year of practtce 3;nd. adqed to the number of years of practice after ~uch adm1ss1on. · · ' '1 ., " • 574 THE ASSAW,,y,!\ZFTTE.JUµ'RAORDINARY. JUNE 15. 1999 · ... ..:· - ') ..: -
(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 pref.erred to the Committee in such form as may be prescribed. . . ·
(7) An application received under sub-secti?n \6) .shall be ~isposed of by the Committee after such enquuy as It deems necessary .
Restrlc- 17. (1) The interest of any member in the Fund, or the right of a tion °0 . member or his nominee or legal heirs to receive any amount alienation from the Fund, shall not be assigne~, alienated or charged attach· and shall not be liable to attachment under any decree or !!en,tnt!!~~t order of any court, tribunal, financial institutions or other or member authority.
in the Fund. ~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 Central Act, 1920 or any other law for the time being in Act IS or force. ' I 9 2 o .
... ;
., THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 575 Printing and distribution or stamps by the Committee.
CHAPTER - VI PRINTING AND DISTRIBUTION OF STAMPS , ..