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Section 2: Definitions

The Karnataka Advocates' Welfare Fund Act, 1983State Act of Karnataka · Act 2 of 1985

In this Act unless the context otherwise requires,-

(a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Karnataka under section 17 of the Advocates' Act, 1961 (Central Act 25 of 1961) and includes a legal practitioner whose rights are saved under section 55 of the said Act and who ordinarily practices in the State of Karnataka;

(b) "bar association" means an association of advocates recognised by the Bar Council under section 13;

(c) "Bar Council", means the Bar Council of Karnataka constituted under section 3 of the Advocates' Act, 1961 (Central Act 25 of 1961);

1[(d) "cessation of practice" means removal of the name of an advocate from the roll maintained by the Bar Council or non-renewal of Pleadership Certificate on the ground of,-

(i) death ; or

(ii) permanent disability ; or 2[(iii) voluntary retirement on attaining an age of seventy five years or on completion of fifty years of practice whichever is earlier;]1]2

1.Substituted by Act 21 of 1993 w.e.f. 02.04.1997. Text of notification is at the end of the Act.

2.Substituted by Act 28 of 2010 w.e.f.06.08.2010.

1[(1) "Chairman" means the chairman of the Trustee Committe]1

1. Inserted by Act 18 of 2002 w.e.f. 15.04.2005.

(e) "dependents" means wife, husband, father, mother and 1[minor]1 hildren or such of them as are alive;

1. substituted by Act 18 of 2002 w.e.f. 15.04.2005.

(f) "Fund" means the Advocates Welfare Fund constituted under section 3;

1985: KAR. ACT 2] Advocates Welfare Fund 121 1[(ff) interlocutory application includes all applications filed before any Court, Tribunal or Authority in respect of any pending or disposed of case or proceeding]1

1. Inserted by Act 15 of 2005 by notification tobe issued.

1[(g) "member" means member of the fund;

2[(ga) permanent disability” means disability incurred by an advocate after becoming a member which renders him totally incapable from practicing as an advocate and certified as such by the District Surgeon of the District where the advocate is practicing;]1] 2

1. Substituted by Act 21 of 1993 w.e.f. 2.4.1997

2. Substituted by Act 28 of 2010 w.e.f.06.08.2010.

(h) "prescribed" means prescribed by the Bar Council by rules made under this Act;

(i) "retirement" means stoppage of practice as an advocate communicated to and recorded by the 1[Bar Council and the trustee committee;]1

1. Substituted by Act 21 of 1993 w.e.f. 02.04.1997 by notification.

(j) "registered clerk" means a person who is registered as a recognized clerk or gumasta of an advocate or a pleader in connection with any rules passed by the High Court of Karnataka under Article 225 of the Constitution of India and section 54 of the State Re-organization Act, 1956 or under section 122 of the Code of Civil Procedure or any other law.

1[(jj) “schedule” means the schedule appended to this Act;]1

1. Substituted by Act 28 of 2010 w.e.f.06.08.2010.

(k) "stamp" means the stamp printed and distributed under section 22;

(l) "State" means the State of Karnataka;

(m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct; 1[and includes deemed voluntary suspension of practice referred to in 2[subsection (4) of section 15 or sub-section (3) of section 23A]2]1

1. Substituted by Act 18 of 2002 w.e.f. 15.04.2005.

2. Substituted by Act 15 of 2005 by notification to be issued.

(n) "trustee committee" means the committee established under section 4;

(o) "vakalath" means vakalathnama and includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority.

Where this provision sits

ActThe Karnataka Advocates' Welfare Fund Act, 1983
Section2
Marginal noteDefinitions
JurisdictionState of Karnataka
StatusIn force as published by the source

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