2[(1) Where the cessation of practice,-
(i) is due to death of a member, his nominee and if there is no nominee, to his dependents or heirs as the case may be; or
(ii) is due to reasons other than death, the member, shall be entitled to receive an amount specified in the schedule, from out of the fund:
Provided that the following categories of members shall be entitled to receive an amount at the rate of 5[ten thousand rupees]5 for every completed year of practice subject to a maximum of 5[rupees three lakhs]5 namely:-
(i) an advocate who becomes member after attaining an age of forty years except those who have become members prior to the commencement of the Karnataka Advocates’ Welfare Fund (Amendment ) Act, 2010;
(ii) an advocate enrolled after attaining an age of forty years;
5[(iii) an advocate who has voluntarily suspended practice for a period exceeding three years for the purpose of any employment, avocation or business or for appointment to an office of Chairperson, Vice- Chairperson or Member of any Commission, Corporation, Committee, Board, Body or other authority, either statutory or non-statutory constituted by any Central Government or any State Government.]5
(iv) an advocate enrolled after retirement, dismissal or removal from service or employment;
1985: KAR. ACT 2] Advocates Welfare Fund 129
(v) an advocate who has become member on or after the first day of August 2000 and has attained an age of sixty years on the date of becoming member;
(vi) an advocate who becomes member on transfer from other states, after attaining an age of forty years:
Provided further that an advocate who had become member prior to the second day of April, 1997 and has failed to pay balance fee due and has not been re-admitted to the fund after the second day of April, 1997, shall be entitled only to an amount at the rate of 5[five thousand rupees]5 for every completed year of practice but not exceeding an amount of 5[rupees one lakh]5 and this amount shall be paid to him or to his nominees, and where there are no nominees to his dependants or heirs as the case may be on cessation of practice.]2
(2) In the event of the death of a member, the amount shall be paid to his nominee or, where there is no nominee, to his legal dependents or heirs 2[in accordance with the law of inheritance applicable to such member]2.
1[(3) xxx]1 2[(4)While calculating period of completed years of practice for the purpose of payment under this Act,-
(i) fraction of three months and more shall be treated as one full year; and
(ii) the period of suspension practice as a result of misconduct under section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) shall be excluded.
(4A)In case of an advocate enrolled prior to the second day of April 1997 and admitted to the fund after the Second day of April 2002, every four years of practice before admission as a member to the fund shall be computed as one year of completed year of practice and added on to the number of completed years of practice after such admission for the purpose of payment under this Act.]2 3 [(5) XXX]3
(6) An application for payment from the Fund shall be preferred to the trustee committee in such form as may be prescribed.
6[Provided that if a member who has opted for payment of fees in a lumpsum, makes an application claiming amount specified in the schedule on account of cessation of practice on the ground of voluntary retirement he should have paid the entire lumpsum amount along with penalty, if any, specified in the second, third and fourth provisos to sub-section (4) of section 15 before making such application or should give a written consent Advocates Welfare Fund [1985: KAR. ACT 2 130 for deduction of the lumpsum fee and penalty, if any, due at the time of final settlement of the amount.
(6A) Where applications are received from members under sub-section
(6) on account of cessation of practice on the ground of voluntary retirement total number of applications which may be considered for payment under this section during a year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund, need of the applicant and other relevant factors.]6
(7) An application received under sub-section (6), shall be disposed of by the trustee committee after such enquiry as it deems necessary.
4[(8) If a claim made by any applicant under sub-section (6) is found to be false or incorrect by the trustee committee after making payment to him based on such claim, the trustee committee may, after holding such enquiry as it deems fit and after giving an opportunity of being heard to the applicant, direct him to refund the amount paid in excess of the amount due to him, and in case of default it shall be recoverable as an arrear of land revenue]4.
1. Omitted by Act 21 of 1993 w.e.f. 02.04.1997.
2. Substituted by Act 28 of 2010 w.e.f.06.08.2010.
3. Omitted by Act 28 of 2010 w.e.f. 06.08.2010
4. Inserted by Act 28 of 2010 w.e.f 06.08.2010.
5. Substituted by Act 12 of 2017 w.e.f.12.06.2017
6. Inserted by Act 12 of 2017 w.e.f.12.06.2017.