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Section 17: Membership of the Fund

The Himachal Pradesh Advocates Welfare Fund Act, 1996State Act of Himachal Pradesh · Act 14 of 1996

(1) Any advocate practicing in or before any court, tribunal or authority in the State and being a member of a Bar Association or an Advocates Association recognized by the Bar Council may apply to the Trustee 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 Trustee Committee shall make 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, alongwith the application, pay, in the prescribed manner, an application fee-

(i) in the case of an applicant who, on the date of application has practised for a period of less than ten years, rupees one hundred; and

(ii) in the case of an applicant who, on the date of application has practised for a period of ten years or more, rupees two hundred :

Provided that when an application is rejected under sub-section (2) the application fee paid by the applicant shall be refunded to him.

1 [(4) Every member of the Fund shall pay an annual subscription to the Fund on or before the 30 th June every year at the following rates, namely:- Where the standing of the Advocate Two hundred rupees.

at the Bar is less than ten years.

Where the standing of the Advocate Four hundred rupees:

at the Bar is ten years or more 2[Provided that a Member of the Fund may at his option make one time payment of life subscription of five thousand rupees at the time of admission or, thereafter, may opt at any time for life membership by making payment of the balance amount so as to credit to his account total sum of five thousand rupees.]

1 . Sub-section (4) subs. vide Act No. 15 of 2008 (sec. 2).

2 . Subs. for the existing first and second provisos vide Act No. 7 of 2015.

H. P. ADVOCATES WELFARE FUND ACT, 1996 11

(5) Any member of the Fund who fails to pay the annual subscription for any year on or before the 1 [30 th June] of that year shall be liable to be removed from the membership of the Fund.

(6) A person removed from the membership of the Fund under subsection (5) may be re-admitted to the Fund on payment of the arrears with the re-admission fee of twenty five rupees within six months from the date of removal.

(7) Every member of the Fund Shall, at the time of admission to the membership of the Fund, make nomination conferring on one or more of his dependents the right to receive, in the event of his death, any amount payable to the member under this Act.

(8) If a member of the Fund nominates more than one person under sub-section (7), he shall specify in the nomination the amount or share payable to each of the nominees.

(9) A member of the Fund, may, at any time, cancel a nomination by sending a notice in writing to the Trustee Committee; provided that he shall, along with such notice, send a fresh nomination.

(10) Every member of the Fund who has requested the removal of his name from the State roll under section 26-A of the Advocates Act, 1961 (25 of 1961) or who voluntarily suspends practice shall within fifteen days of such request or suspension, intimate that fact to the Trustee Committee and if any member of the Fund fails to do so without sufficient reasons, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act.

Where this provision sits

ActThe Himachal Pradesh Advocates Welfare Fund Act, 1996
Section17
Marginal noteMembership of the Fund
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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