(1) If any member suffering from such serious ailment as may be prescribed undergoes treatment for the prescribed ailment, he may apply to the Trustee committee in such form along with such documents as may be prescribed for payment from the fund towards the amount actually incurred for the treatment:
Provided that, the amount payable under this section shall not exceed 2[rupees one lakh fifty thousand]2 or fifty percent of the amount payable under section 16, whichever is less.
(2) The member should have completed five years of practice as a member of the fund on the date of treatment.
(3) The application should be made within three months from the date of initial hospitalization and this may be extended by the trustee committee for a further period of three months on the member showing sufficient cause for delay in making the application.
1985: KAR. ACT 2] Advocates Welfare Fund 131
(4) The benefit under this section shall be available only once in the life time of the member.
(5) Total number of applications which may be considered for payment under this section during a financial 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) The trustee committee may after making such enquiry as it deems fit, either grant or reject the application. The application shall be considered strictly according to the date of their filing.
(7) The amount paid under this section shall be deducted at the time of making final payment under section 16.
(8) Where an applicant has received amount in respect of his ailment under the Bar Council of India Advocate’s Welfare Fund Scheme, the trustee committee shall while granting amount under this section deduct the amount so received under that scheme.
(9) If any statements or particulars given by the applicant or documents produced in support of his claim are found to be false by the trustee committee, it shall make a report to the Bar council and the Bar council may after holding such enquiry as it deems fit and after giving an opportunity of being heard to the applicant call upon him to refund the entire amount received under this section along with an interest at the rate of twelve percent per annum. If the applicant fails to comply with the direction of the Bar council, the entire amount received under this section along with an interest at the rate of twelve percent per annum shall be deducted while making final payment under section 16.]1
1. Inserted by Act 28 of 2010 w.e.f 06.08.2010.
2. Substituted by Act 12 of 2017 w.e.f 12.06.2017.