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Chandigarh Advocates' Welfare Fund Rules, 2017.

Union territory Rules of Chandigarh · 200138,295 characters of text

The enactment

Long titleNo. 8/1/101-1H(8)-2017/22271
TypeRules
Year2001
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectssocial

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

CHAN DICARH ADMINISTRATION ON THE INTERNET http://chandigarh. ni c. i ni Regd. No. CHD/0 13 | I 201 5-2017 Price: Rs. 3.00 GOVERNMENT OF INDIA €hsndigsrh 9;ilminigtrstion (6szsrrs EXTRAORDINARY Published by Authorify CHAND|GARH, FRtDAy, SEPTEMBER 8, 2017 (BHADRA 17, 1939 SAKA) HOME DEPARTMENT Notification The 7th/8th September, 2017 No. 8/1/101-1H(8)-2017122271.-ln exercise of the powers conferred by sub-section ('1) read with sub-section (2) of Section 35 of theAdvocates'Welfare FundAct,2001 (CentralAct45 of 2001), the Administrator, U.T., Chandigarh hereby makes the following Rules, for carrying out the purposes of this Act, namely :-

1. Short title and commencement.-(1) These Rules may be called the Chandigarh Advocates' Welfare Fund Rules, 2017.

(2) These shall come into force from the date of their publication in the Official Gazette.

2. Definition.-(1) In these rules, unless the context othenryise requires :-

(a) "Act" means the Advocates' Welfare Fund Act, 2001 (Central Act 45 of 2001) ;

( b ) ;? i ff :," :ffi '' ;fi::: T T;:ffi Hl,:' 3'1I,", :,"31; lli "."il: Jl,H,:i t :,Tj Tehsil, Commissions and Tribunals and statutory authorities within Jurisdiction of the U.T., Chandigarh recognized by the Bar Council ;

(c) "Form" means a form appended to these rules ;

(d) "Appropriate Government" means the Central Government ;

(e) "Secretary" means the Hony. Secretary of the State Bar Council of Punjab and Haryana Chandigarh ; (0 "State Bar Council" means the Bar Council of Punjab and Haryana, Chandigarh.

(2) Words and expressions used in the these rules but not defined therein shall have the same meaning as assigned to them under the Act.

3. Credit to Fund.-(1) The Secretary shall collect all sums specified in sub-section (2) of Section 3 and deposit the same in the bank account of the Trustee Committee in a scheduled bank forthwith. He shall also be responsible to keep all bank account(s) updated and keep safe-custody of the pass-book(s) and cheque book(s).

(861) 862 CHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17,Ig3g SAKA)

(2) Separate accounts shall be maintained for the sums received under each of clauses (a) to f) of sub-section (2) of Section 3 of the Act. 4' Periodical and Annual Report.-(1) The half yearly statement of income and expenditure shall be prepared in accordance with Form-|. The Secretary shall prepare the first half yearly statement for the period from 1st April to 30th September and the second half yearly statement for the period of 1st october to 31st of March of the succeeding year by the 15th of May or eacn year and the same shall be submitted before the Trustee Committee for its approval. The report after approval shall besent to the Administrator of U.T., Chandigarh and the State Bar Council within fifteen days of its approval. the financial year starling from 1st day repared by 30th of June and the same the Trustee Committee, who shall send days of its approvar. and the state Bar council within fifteen

(3) The budget estimate of income and expenditure for the next financial year shall beprepared by the Secretary and the same shall be placed before the Trustee committee for approvalbefore 31st of March every year.

(4) The State Bar Council shall appoint a Chartered Accountant and get the accounts of theTrustee Committee Audited, once a year. The State Bar Council shall fix the remuneration of thechartered Accountant for each year, on the advice of Trustee committee. 5' Maintenance of Records and Registers.-The secretary shall maintain the followingrecords and registers namely :-

(i) register of meeting of the Trustee Committee and minutes of such meeting.

(ii) register of sums received and deposited to the Fund under separate heads as specifled in Clause (c) of sub-section clause 2 of Section 3 of the Act.

(iii) register of all sums collected under Separate Heads under section 1g.

(iv) register of membership of the Fund.

(v) register of payment to members of the Fund, their dependents, nominees and legal heirs under separate heads.

(vi) register of Member of the Fund under suspension.

(vii) register of Members of the Fund who have ceased to practice.

(viii) register of all enquiries made by the Trustee commtttee.

(ix) register of staff appointed by the Trustee committee.

(x) record of all forms, application and other documents received.

(xi) record of all correspondence and other business transacted by.the Trustee Committee.

(xii) register for Group Insurance of Members of the Fund along with particulars of each member.

(xiii) register of income and expenditure

(xiv) any such other Register, which may be necessary from time to time. cHD. ADMN GAZ. (EXTRA.), sEpT 8,2017 (BHDR 17, rg3gsAKA) ,nu on,u,*l!'j',"J".:il'"';'"lTrJ:::,::'.;il";iJ"fl'"Ji''3:#l#*:::l"J fi^::?n:T1?n by Authoriiv in the ui, ct'anoisarh shar 1i"::1il'i?"%,''#J,"r",fl*?,trfiT Jl;ll-:11r,?%"*section 16' in Form ll to the state g;r councir ".'o ,""ormended to the Trustee committee.

(2) Any existing Bar Association(s) estabrished within therecognized by the state'Bar councir under the Bar Associations20^15' framed by state Bar councir, if not arready registered, unde1860, shail get itserf registered and recognized, within six monthof these rules above said sti of the registration shall be submitted defaulting Bar od, failing which the State Bar Cou bye I Form ll shall be accompanied by the authenticated copy of rules and their updated list of members with mini date their names, complete address, councir under section ! of,h" p$;;,1:15:l iJ;]tru"".l.'jii"member ordinariry practices, the period of suspension, if any, asigned by the president or secreiary of the Bar Association.

(a) The state Bar council may recognize more than one Bar Association(s) in a DistricusubDivision/Tehsil, functioning in other tieiO of taw, other tfran Oistrict -.-biui.ion"l Courts/Iehsiifor special reasons to be recorded in writing anO maf cancel ition granted to a Bar S:il:f|"J'"I#"'H':,:"fr,""5:y"tjlfuHa ;:ig:3#,'lno s,u-se"tion isiot without lTJffiitft ff :l',1r il'ff":n"1g?J".nnition shal be passed by the srate Bar councir, 7' certificate of Recognitioi'-The certificate of recognition shall be in Form lll and shallHljil;."":J5",$?:t_"tffih"l;;;,"; ff li,tu e", councir after settins approvar or I' Apptication for Membership.-(1) Every application under sub-section (1) or subsection (2) of section 18 of the Act for admission as a member of the Fund shat be in Form rV. of the J? Ii:":lj[T,:",',,,rTl] ?ilfJ:3 :rffiTjl,cant and attested by the presidenr or secretary

(3) Every Advocate :_

(a) :iilff:anoadvocate on the Roll of a state Bar councir, after the commencement

(b) practicing in any court, tribunal or after authority in Union Territory, chapdigarh and(c) being a member of a Bar Association as deflned in rure 2(b), shall apply' within six months of hisiher enrolment as an advocate, to the Trustee committee,for admission as a member of the Fund in Form lV :

Provided that no advocate who is a member of Punjab Advocates welfare Fund, (constitutedunder the Punjab Advocates' welfare Fund, Act 2002) in tne state of punjab or Haryana Advocates,welfare Fund' (constituted under the Advocates' welfare Flnd Act, 2001) in the state of Haryanaor any other Advocates'welfare Flnd in any other state, shall be eligible ". " ,"roer of this Fund. 863 864 CHD. ADMN GAZ, (EXTRA.), SEPT 8,2017 (BHDR 17 , 1939 SAKA)

(4) An application for admission shall be disposed of within a period of ninety days from the date of receipt thereof and the Trustee Committee after scrutiny shall pass an order and office report shall be prepared by officer/official as authorized by the Trustee Committee.

(b) An advocate having membership in more than one Bar Association shall be eligible and entitled to be admitted as a member of the Fund only from one of the Bar Association.

(6) An advocate applying for membership of the Fund shall pay a sum of ( 200 towards application Fee { 100 as postal charges and annual subscription of t 50 along with the application in Form lV. A Senior Advocate (designated) shall be required to pay < 1,000 as annual subscription or such fee, which may be increased from time to time'

(7) An applicant may choose the option to pay < 2,000 as subscription fee as life membership, along with the application fee of t 200.plus { 100 as postal charges. The annual subscription shall be refunded in case the application is rejected. An applicant under Rule 6 shall not include Sr. Advocate (designated).

(8) Application fee shall be deposited in cash in the office of Chandigarh Advocates Welfare Fund Trustee Committee or by means of a crossed payee cheque or Demand Draft drawn in favour of the Union Territory Advocates' Welfare Fund Trustee Committee payable at Chandigarh.

(g) On admission of the member to the fund, the Trustee Committee shall issue a certificate of membership along with a card in Form V signed by the Chairperson/Secretary of the Trustee Committee and the date of admission shall be reckoned from the date of approval of membership of the fund by the Trustee Committee.

(10) Any decision of the Trustee Committee rejecting an application for admission shall be communicated to the applicant by registered post with acknowledgement due, within a period of one month of such decision.

(11) The Trustee Committee may, on a complaint or suo-moto, if satisfied that any person has got himself/herself admitted to the membership of the Fund by misrepresentation or suppression of any material fact or by fraud, remove the name or such person from the membership of the Fund, after affording him/her an opportunity of being heard. His/her name shall also be liable to be removed on account of any punishment of misconduct or removal under the provisions of Section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) or any other disqualification under the Act or the rules of Bar Council of India' On such removal as mentioned above, all benefits accrued to such member by virtue of provisions of the Act and under these rules shall stand forfeited.

(12) The Trustee Committee shall remove any member from the membership of the fund if he/she fails to deposit the annual subscription before 31st of March of that year.

(13) An advocate may apply for re-admission as a member of the Fund under subsection (7) of section 18 in Form Vi, within a period of six month from the date of his/her removal and may be re-admitted to the Fund by the Trustee Committee from the date of receipt of application thereof, on payment of arrears along with interest at twelve percent per annum and re-admission fee of ten rupees only. (1a) The Trustee Committee shall make an endorsement of re-membership on the certificate of membership/card already issued. cHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17, t93g SAKA) 865 I' Reduction of amount of fund.-(1) Every member of the fund shall within fifteen days of his/her removal from the State Roll under Section 26-A of the Advocates Act, 1961 (CentralAct 25 of 1961) or voluntary suspension of practice by him/her, shall intimate in writing to the Trustee Committee.

(2) lt any member of the Fund fails to intimate under sub-section (12) of Section 1g of the Act, then after conducting an appropriate inquiry the amount payable to the member may be reduced. However, the reduction shall not exceed fifty per cent of such amount payable.

10. Benefits to Members.-(1) A member who ceases to practice shall, upon issuance of a notification in this behalf under Section 26-4 of the Advocates Act, 1961 apply in Form Vll, to the Committee for release of funds as per Schedule-|.

(2) In the event of death of a member, the nominee or legal hei(s) of the deceased member may apply for the amount payable under (Schedule 1 under Section 21 of the Act) to the Trustee Committee in Form Vlll.

(3) Any member of the Fund who wishes to claim an Ex-gratia amount in case of serious ailments, as mentioned in Section 19 of the Act may apply for medical assistance in Form lX. The amount of financial assistance shall be decided by the Trustee Committee in accordance with the below mentioned sub-rule and shall be given only once in three years for same ailment.

(4) The Trustee Committee, on an application submitted to it, after being satisfied about the genuineness of the claim, may :-

(a) in case of hospitalization for major surgical operations, sanction medical grant which shall not exceed a sum of t 75,000 within a period of two years from the date of the grant.

(b) in case of open heart surgery, organ transplant, angioplasty, tuberculosis, related to kidney problem, Ieprosy, paralysis and cancer, sanction grant, which shall not exceed of t 1,25,000 within a period of two years from the date of the grant.

(c) if the claimant is 6ntitled or has received any such benefits from any other source, then he/she shall not be entifled for any such medical claim. while submitting the application for the medical claim, the applicant shall submit an affidavit mentioning the above said facts.

(5) The Trustee Committee may take such steps as considered appropriate in order to provide for medical and educational facilities for members of the Fund and their dependents and for this purpose may organize medical camps and educational workshops and also provide facilities for libraries among such other steps found appropriate to secure the purpose of the provisions contained under Section 2a(fi of the Act.

11. Appeal.-An appeal against any decision of the Trustee Committee shall lie to the State Bar Council under Section 25 of the Act and shall be in Form X.

(1) The appeal will be accompanied with payment of t 200 (rupees Two Hundred onty) deposited by way of Cash/Bank Draft in favour of Bar Council of Punjab and Haryana, Chandigarh.

(2) The State Bar Council shall hear the parties in person or through counsel and decide accordingly.

(3) The State Bar Council may, inquire into the matter or may entrust the enquiry to a committee to be constituted by it.

(4) While disposing of an appeal, the State Bar Council may pass any appropriate order after recording reasons, remand the matter to the Trustee Committee for fresh disposal or dismiss or modify the order. 866 cHD. ADMN cAZ. (EXTRA.), SEPT 8, 2017 (BHDR t7, r93g SAKA) 12' Value and design of stamps.-(1) Every Advocate shall affix/paste welfare stamp of a value of twenty five rupees only on every VakalatnamaiMemo of Appearance to be filed in the punjab and Haryana High Court, all District Courts, Sub-Divisional Courts, Tribunals, Commissions/Forums and other authorities falling within the jurisdiction of Union Territory Chandigarh.

(2) The custody of the welfare stamps shall be with the State Bar Council and the stamps shall be printed in the denominations of twenty-five rupees, The design of the Welfare Stamps shall inscribe therein the words "Chandigarh Advocates' Welfare Fund Stamp" and the emblem of the Bar council of Punjab and Haryana and logo of the chandigarh Administration. 13' Accounts of the stamps.-(1) The State Bar Council shall maintain the following accounts and registers with the signature of official In-charge, namely :-

(i) registers showing the orders placed for the printing of stamps ;

(ii) register showing the stock of stamps with the heads ;

(iii) register showing date of sale of welfare stamps with receipt and name of the Bar Association :

(iv) account of total value and number of stamps with their serial numbers :

(v) total value of Stamp if any damaged, defaced or torn ;

(vi) account of balance of welfare stamp in stock.

(2) The President and Secretary of every Bar Association shall be responsible to the State Bar Council or the Trustee Committee for the distribution of stamps to its members and shall maintain the record/register of the purchased and sold stamps in Form Xl and send the same to the State Bar Council and Trustee Committee on or before 30th April of every financial year. 14' Cancellation of stamps.-(1') No vakalatnama/Memo of appearance requiring a stamp under the Act shall be filed or acted upon in any proceeding in any Court of LaW Tribunal, Commission/ Forum other Authority or before any person legally authorized to take evidence until the stamp has been cancelled in a manner as prescribed in Section 30 of the Court Fees Act, 1g70.

(2) Such officers, as the Court, Tribunal or other authority may, from time to time appoint shall, on receiving any such vakalatnama/Memo appearance, forthwith, effect such cancellation.

15. Office of the Trustee Committee.-The office of the Trustee Committee shall be located at such place in Chandigarh as may be decided by the Administration of U.T., Chandigarh in consultation with Trustee Committee. 16- Meetings.-(1) Meeting of the Trustee Committee shall ordinarily be held at the office of the Trustee Committee.

(2) The Secretary with the prior approval of the Chairperson shall fix the date and time for a meeting of the Trustee Committee and the Secretary shall convey such date and time to the members giving seven days notice, through Registered PosUE-mail/SMS/Dasti etc.

(3) In case of urgency, the Chairperson may convene an emergent meeting of the Trustee Committee at short notice i.e. within 24 hours and such notice may be given either by Telephone or E-Mail or Speed Post or through SMS or Dasti.

(4) The agenda for every meeting of the Trustee Committee shall be prepared by the Secretary with the approval of the Chairperson and shall be circulated to the members. cHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, lg3g SAKA)

(5) All meetings of the Trustee Committee shall be presided over by the Chairperson and in his absence the Trustee Committee may elect any member present as Chairperson to preside over such meeting.

(6) All matters brought before the meeting of the Trustee Committee shall be decided by a majority of the votes of the Members present and voting. The Secretary shall not have any right to vote in any meeting.

(7) The Chairperson or the member, presiding over the meeting as Chairperson, shall have a casting vote, in case of equal votes on a particular item on the agenda.

(8) lt shall be open to any member to raise any mbtter with the permission of the Chairperson in the ongoing meeting, which is not included in the agenda.

(9) The minutes of meeting shall be recorded by the Secretary or any other officials duly authorized by Trustee Committee and same be circulated to the members, as early as possible preferably within one month, after approval of the chairperson. The approved minutes of the previous meeting shall be read and confirmed at the next meeting of the Trustee Committee. 17- Financial Powers.-(1) All Administrative expenditure, payments and investments shall be prepared by the Secretary and approved by the Trustee Committee. An expenditure or payment of a contingent nature on any one item may be sanctioned by the Chairperson up to t 25,000 (Rupees Twenty Five Thousand only) and by the Secretary up to 10,000 (Rupees Ten Thousand only) which shall be placed before the Trustee Committee for approval in its next meeting.Any capital expenditure exceeding < 25,000 (Rupees Twenty Five Thousand only) shall not be incurred without the previous sanction of the Trustee Cominittee :

Provided that the Secretary shall have the powers to accord sanction on account of printing and Purchase of Stationery, Postage expenses, Office furniture and infrastructure, Telephone Bill, Electricity Bill and TA/DA Bills and other articles of day to day use in office and other expenses not exceeding an amount of ( 10,000 (Rupees Ten Thousand only) each.

(2) The Chairperson of the Trustee Committee shall have the power to accord sanction of travelling allowance and halting/daily allowance of the member of the Trustee Committee/disbursement of salary to the Staff and other routine and unforeseen expenses of the Trustee Committee.

(3) All payments shall be made by cheque and expenditure up to t 10,000 (ten thousand rupees only) may be made in cash, with approval of chairperson.

18. Share of State Bar Council.-(1) The State Bar Council shall pay to the Ftrnd, twenty percent of the enrolment fee of the enrolled advocates within jurisdiction of Union Territory, Chandigarh, with ordinary place of practice, during the financial year ending 31st of March of each year, before the 30th June of the same year.

19. Appointment of Staff.-(1)The Trustee Committee may appoint staff as may be required and duly sanctioned to carry. out the functions of the Committee from time to time. The Trustee Committee shall also decide the qualifications, pay scale and other terms and conditions of appointment on which staff members and employees may be engaged. 867 868 CHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, 1939 SAKA)

(2) The establishment of the Trustee Committee may consist'of the following posts, namely :-

1. Assistant-1

2. Account Clerk-cum-Computer Data Operator-1

3. Restorer-cum-Clerk-1

4. Peon-2

5. Chowkidar-cum-Sweeper-l

(3) The Trustee Committee may create such other temporary posts, for a period not exceeding one year, as may be required from time to time.

(4) The Trustee Committee may take the staff of the Bar Council on deputation for such period, as may be determined.

(5) The Trustee Committee shall frame service rules for regular appointment and governance of staff members.

20. The Chandigarh Advocates, Welfare Fund Rules, 2013 are hereby repealed :

Provided that such repeal shall not affect ,

(a) the previous operation of the rules so repealed or anything duly done or suffered thereunder ; or

(b) any obligation or liability accrued or incurred under the rules so repealed ; or .(c) any legal proceedings or remedy in respect of any obligation or liability as aforesaid ; or

(d) any such legal proceedings or remedy may be continued to be enforced, as if these rules had not been made :

Provided further that subject to the preceding proviso, anything done or any action taken under the rules so repealed shall in so far as it is not inconsistant with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules and shall continue in force accordingly, until so specifically provided under these rules. ANURAG AGARWAL. I.A.S.. Chandigarh : Home Secretary, The 23rd August, 2017. Chandigarh Administration. ' CHD. ADMN GAZ. (EXTRA.), SEPT 8,2OI7 (BHDR. 17, Ig3g SAKA) 869 FORM-I (See rule 4) Statement of Income and Expenditure Account for the Year First Half/second Half/and Annual statement Ending on lncome Head-wise Rupees Expenditure Head-wise Rupees

1.

2.

3.

4.

5.

6. 1 2 3 '4 5 6 Total Total For the year ending 31 March Particulars to be reported :

(a) Financial Highlights of collection of fund and distribution of head-wise fund.

(b) Range of activities undertaken to promote welfare of members.

(c) New assets added during the year

(d) Any other matter (s) as may be considered by the "Committee" and approved for reporting in the Annual Report. Signature Name Designation (with Seal) 870 cHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17,1939 SAKA) FORM-II (See rule 6) Application for recognition of the Bar Association as required under sub'section (1) of Section 16 of the Advocates Welfare Fund Act, 2001 Name of the Association Whether registered under Societies Registration Act or any other similar Act if so (Give details) a copy of such certificate be attached Name and place of Court, Tribunal/other Authority in which the Association is functioning List of members of the Association containing the names, address, age, enrolment number and date of enrolment with the State Bar Council and the ordinary place of practice of each member. (list enclosed) Names and addresses of the President, Vice-President, Secretary, at the time of Presentation of the aPPlication (Supply details by separate Annexure) (Note any change of office bearer in future be notified to the Trustee Committee immediately) Memorandum of Association, Rules, Regulations and Bye-Laws of Association (Annex certified coPies thereof) We undertake to supply the information/documents by 15th April every year to the Trustee Committee/ Bar Council as on 31st March of that year as required uls 17 of the Advocates' Welfare Fund Act, 2001, vrz.

(i) any change in the membershiP ;

(ii) admission or re-admission within 30 days ;

(iii) death or other cessation of practice or voluntarily suspension of practice by any of its member within 30 days of such occurrence ;

(iv) any other information required by Bar Council/Trustee Committee from time to time' Declaration We an0 solemnly affirm that the particulars stated above are true and correct as per record of the Bar Association. Place Date Secretary/President (Seal of the Association)

1. z. 3 4 5 7 cHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR t7, 1939 SAKA) 871 FORM]tl (See rule 7) BAR COUNCIL OF PUNJAB AND HARYANA Gertificate of Recognition and Registration under Advocates Welfare Fund Act, 2001 The Bar Council of Punjab and Haryana do hereby certify that the____.__ =4ssociation is recognized and registered under sub-section (4) of Section 16 of the Advocates"Welfare Fund Act, 2001 with Registration No. This issues with the approval of General House of the Bar Council. Givenundermyhandandsea|oftheBarCounci|onthisdayof-. Chairman, Bar Council of Punjab and Haryana, ChanQigarh. 872 cHD. ADMN GAZ. (EXTRA.), SEPT 8,20t7 (BI{DR t7- t939 SAKA) FORM-IV (See rute 8) Application for admission as a member of the Fund under sub-section (1) or sub-section (2) of section 18 of the Advocates' welfare Fund Act Registration No. For ofiice use only The Secretary, Trustee Committee, Chandigarh Advocates Welfare Fund, Chandigarh Please affix recent passport size attested photograph Sir, I hereby apply for admission as a member of the Fund under "Advocates' Welfare Fund Act, 2001".

1. Name of the appticant (in block tetters) (as given in Enrolment Certificate)

2. Father's/Husband's Name Age and date of birth (proof to be attached) Address (Residential proof to be attached) (attested copy of either Aadhaar Card, Driving License, Passport or any other Statutory identification showing residence) Address (office), Ph. No. & Mob. No. E-Mail Address Date of Enrolment as an Advocate and Enrolment Number on the roll of Bar Council of Punjab and Haryana (copy of Enrolment Certificate be attached) 3 4 5 PI cHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, 1939 SAKA) 873

6. Date since practicing as an Advocate

7. Ordinary place(s) of practice (also give name (s) of the Court/Tribunal/other authority)

(a) Previous place of practice, if any

(b) Number of Vakalatnama filed for the five years (approximately) B. Name of the Bar Association of which the applicant is a member through which the applicant claims benefit under the Act. (A certificate of Bar Association be enclosed).

9. Whether practice was discontinued for any period and reasons there for

10. Whether the applicant is in parUfull-time Service parVfull time business, other profession lf yes, give full particulars 11 . Whether the applicant was ever convicted by a Court of law for an offence involving moral turpitude, if so (Certifled copy of order be bnclosed)

12. Whether the applicant at present is facing any Criminal proceedings or if so, give full particulars of FIR and latest status of the proceedings

13. Name, age, occupation and other particulars Name of dependent (s) Nofe.-Attach separate sheet, if necessary :

14. Name and address of the Nominee (s) The amount or share payable to each of the nominee

15. Whether he/she is already a member of any other Advocates' Welfare Fund, if so give particulars. Age Occupation 874 CHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17, 1939 SAKA)

16. Whether the applicant was ever removed from membership of the Fund by Trustee Committee

17. Mode of paymenU :-application fee : { 200/- Total Amount ( 300f P/us t 100 postal charges Non Refundable; Draft. No._dated Bank draft in favour of "Chandigarh Advocates Welfare Fund Trustee Committee" Payable at Chandigarh from any nationalized bank. Every Advocate shall pay annual subscription of t 501 on or before 31st day of March of every year. Except in case life membership { 2000/- Senior Advocates shall pay < 1000/- as annual subscription. (To be paid after the acceptance of application Form for membership of the fund.) DECLARATION

(a) | hereby declare that the above particulars are true to my personal knowledge.

(b) | belong to Union Territory, Chandigarh

(c) | hereby undertake to abide by the provisions of the Act, Rules made there under and directions/instructions of the Trustee Committee/Bar Council issued from time to time.

(d) | further declare that if any statement of fact stated in this application is found to be false at any time, my name shall be liable to be struck off as a member of the fund and will not be entitled to any benefit of the Fund or refund of contribution paid by me and same shall stand forfeited. Dated Signature of the ApplicanU Advocate Certificate of Bar Association Forwarded with the certificate that the applicant is a enrolled member of the Bar Association at Sr. No. since as mentioned in column 8 of this application and heishe is regularly practicing as an Advocate. Dated Signature Signature Secretary President (Seal of the Bar Association) ' cHD. ADMN cAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, 1939 SAKA) 875 FORM-V [see rUle I (9)] Trustee Comniittee Chandigarh Advocates' Welfare Fund (Statutory Body Administration of Chandigarh) Certificate of Membership of the Fund ,, The Trustee Committee of the Chandigaih Advocates' Welfare Fund do hereby Certify that sh. Advocate daughterison/wife of Sh. .having enrolment No. P/ is admitted to as a member of the Chandigarh Advocate's Welfare Fund, under section 18 of the Advocates'Welfare Fund Act. 2001. His/Her Membership No. is Givenundermyhandandsea|oftheTrusteeCommittee,onthis-dayof2o Chairperson/Seoretary Trustee Committee, Chandigarh Advocates" Welfare Fund. 876 cHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17,1939 SAKA) Form-Vl [see rule 8 (13)] Application for re-admission to the chandigarh Advocates' welfare Fund

1. Name and address (in block letters)

2. Father's Name

3. Age and Date of Birth of applicant

4. Date of enrolment under the Advocates Act, 1961 and Enrolment No. Details of practice :- Number of vakaltnama filed for the last five years (approximately) Place or Places of Practice Suspension or cessation of practice, if any, with details of suspension and resumption Name and address of the nominee or nominees with the proportion of share to be paid to each Amount and date of payment to the Fund for the membership of the fund (Receipt be attached)

10. Admission fee how paid

11. Date of previous admission to the membership of the Fund. (copy of membership of fund be attached)

12. Date of previous retirement from the fund t, do solemnly affirm that the particulars furnished above are true and correct to my knowledge. No part of it is false and nothing has been concealed therein. PI 5 6 7 I

9. Place : Date . Signature of the Applicant ,, cHD:ADMN GAE:](EXTRA.); SEPT t,2Oi1',t'1nHryr t7, 1939 $AKA) 877 Certificate by thti Fr6sidenUsecretary l. ' the Pr,esident or Secretary of Bar 878 cHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR Il , 1939 SAKA) FORM VII [See rule 10 (1)] Application Form for the GranUAssistance on Cessation of practice

1. Name and address of the Advocate/Applicant

2. The present address of the Advocate/Applicant

3. The date of enrolment of the Advocate or State Roll No.

4. Date of cessation from practice as . an Advocate (Copy of Certificate of cessation issued by the State Bar Council is attached)

5. Membership No. of the Applicant to the Chandigarh Advocates Welfare Fund (Enclose Original Certificate)

6. In case I chose to restart practice I shall refund the benefit availed to the Trustee Committee Chandigarh Advocates Welfare Fund I undertake that I have ceased practice as an Advocate permanently and I will not represent myself as an advocate anywhere in India. The facts mentioned herein above are true and correct. In case I fail to abide by my undertaking. The Chandigarh Advocate Welfare Fund Trustee Committee be at liberty to initiate legal action against me and I will responsible for that fault. Place : Date : Signature of the APPlicant. PI CHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17,Ig3g SAKA) 87g FORM VIII [See rule 10 (2)] Application Form for the Grant of ,Death Benefit,

1. Name and address of the Applicant

2. The relationship of the Applicant with the deceased Advocate

3. The Name and Permanent address of the deceased Advocate

4. The date of enrolment of the deceased Advocate or State Roll No.

5. Place or Places where the deceased Advocate had actually practiced

6. Wheher the deceased Advocate was a member of the CAW Fund

7. The number of members in the family depending upon the deceased Advocate and their respective relationship with the said Advocate; Furnish the names, ages, profession and addresses (by separate list)

8. Average annual income of the Advocate at the time of his death

9. Sources of other income of the applicant and the extent thereof

10. Whether the deceased Advocate had or the applicant has any movable-or immovable Property, State the. particulars thereof and the value thereof and any income derivable there from

11. Whether the deceased Advocate had any Bank Account, if so, state the particulars thereof with the cash balance on the date of his death

12. Whether the deceased Advocate had insured his life, if so, state the particulars of the insurance policy and the sum assured

13. Any other particulars and information that the applicant desires to furnish I declare that the facts mentioned herein above are true and correct. Place : Date : Signature of the Applicant. Enclosures reouired :

1. Death Certificate

2. Recommendation of the Bar Association Nofe.-Affix a Passport size photograph of the nominee/nominees at the top of the application. 880 CHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17,1939 SAKA) CERTIFICATE OF BAR ASSOCIATION Enclosure to Form VIII THE CHANDIGARH ADVOCATES' WELFARE FUND PAYMENT IN CASE OF DEATH OF THE MEMBER

1. Name and Address of the deceased member

2. Date of Birth

3. Date Enrolment and R. No.

4. Date of admission to the fund

5. Date of death (A death certificate must be enclosed) Cause of Death : (A) Natural (B) Accidental

6. Period or periods of discontinuation of practice, if any

7. If the deceased member joined any service after Becoming member, please give details

8. Detail' of applicant: ,

(a) Name/Names with age and address of each applicant and mobile no.

(b) If nominee, specify the Share/Shares of each nominee

(c) If the applicant is not nominee i. Relation with the deceased ii. Succession Certificate must be annexed with the application form

9. Amount claimed and its details in short Date .. Signature (Verification and recommendation of President, Bar Association) Name of President : _ (Seal) CHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, 1939 SAKA) 881 FORM IX [See rule 10 (3)] Application Form for Ex-Gratia Grant

1. Name and Address of the Member (In block letters)

2. Age and date of birth of the Member

3. Date of enrolment of Member in the Fund

4. Name and address of the member

5. Details of the Person claiming on behalf of member showing his/her relationship with the Member

6. Name and Address of the medical practitioner attending the patient

7. Details' regarding the disease and Period of Treatment in Hospital or as outdoor patients

8. Total amount incurred for the treatment (with proof)

9. Original medical bills in detail date wise, duly authenticated under the signature and stamp of the Medical Practitioner/Government Hospital with a certificate of reimbursable of medicines

10. Date of grant of medical facility (if earlier availed) Declaration I, do hereby solemnly affirm that the particulars furnished above are true and correct. Place: Date: Signature of the Applicant. 882 CHD. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17,1939 SAKA) Certificate of Doctor

1. Certified that Sh. -,-- -----'Advocate, S/o/D/o Sh. remained under my treatment as indooributdoor patient from to _

2. He/She was suffering from _

3. Certified that the treatment as indoor/outdoor was necessary

4. Certified that the medical charges are reasonable

5. Certified that the prices of the claim/medicine is reasonable •

6. Certified that the medicine are not in the nature of tonic the cost of which is not reimbursable under the Government instructions. Signature of the Medical Practitioner/Doctor With Seal · COO. ADMN GAZ. (EXTRA.), SEPT 8, 2017 (BHDR 17, 1939 SAKA) 883 FORM-X (see rule 11) .E3AR COUNCIL OF PUNJAB AND HARYANA Memorandum of App~.al (Under Section 25 ,of t~e Advocates' Welfare Fund Act, 2001) A.W.F. Appeal No. of ----,.- Betwei:Jil, Name and Address of the Appellant versus (Name and Address of the Trustee Committee) Appellant Respondent

1. The appellant files this appeal against the decision/order dated, of the Respondent Trustee Committee.

2. Date of receipt of decision/order

3. Statement of facts

4. Grounds of appeal

5. Tlie appeal is within limitation

6. The appellant has paid Rs. 200 (Two hundred only) as fee for the Appeal,-vide receipt No. dated, _

7. Relief claimed Place: Date: (Appel/ant) I, do hereby solemnly affirm that the particulars furnished above are true and correct. (Appe/~ant) Enclosure

1. Certified copy of the decision/order of the Trustee Committee.

2. Proof of payment of fee. 884 CHD. ADMN GAZ. (EXTRA.), SEPT 8,2017 (BHDR 17, 1939 SAKA) FORM-XI [Rule 13(2)] Annual Statement of Chandigarh Advocates' Welfare Stamps (ACCOUNTS OF STAMP) [Bar Council U/s 26(5)] Date of Purchase of Total Value of Total Number of Total Number Balance of Welfare Stamps Stamps Welfare Stamps of Welfare Welfare Stamps from State Bar purchased by sold 'to Advocates Stamps if any in Stock Council with Bar Association damaged Receipt No........ . Signature President/Secretary Bar Association _ (with Stamp) 6816 CCUT-Govt. Press, U. 7., Chd.

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