(1) Every advocate who has been a member of the Fund for a period of not less than ten years shall, on his cessation of practice, be paid an amount at the rate specified in the Schedule :
Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of ten years from the date of his admission as member of the Fund as a result of his death or of any permanent physical or mental disability, the Trustee Committee may pay the member of the Fund or his nominee, as the case may be, an amount at the rate specified in the Schedule.
Explanation.-The period during which the member of the Fund remained suspended shall not be considered for the purpose of counting the year of standing.
(2) Where a member of the Fund dies, before receiving the amount payable under sub-section (1), his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund.
1 . Subs for the figures and words “31 st March” vide Act No. 15 of 2008.
12 H. P. ADVOCATES WELFARE FUND ACT, 1996
(3) Any person removed from the membership of the Fund under subsection (5) of section 17 and re-admitted to the Fund under sub-section (6) of that section shall not be entitled to payment of any amount from the Fund under this Act during the period between the date of his removal from the membership of the Fund and the date of re-admission.
(4) Any member who is suspended by the Bar Council for misconduct under the Advocates Act, 1961 (25 of 1961) shall not be entitled to payment of any amount from the Fund under this Act for the period of suspension.
(5) Every member or his nominee or legal heir, as the case may be, shall apply for payment out of the Fund to the Trustee Committee, in such form, as may be prescribed.