2[(1) A member of the Fund shall on cessation of practice on completion of fifteen years of continuous membership in the Fund be entitled to receive from and out of the Fund an amount at the rate of 3[rupees twenty five thousand] for every completed actual years of practice subject to a maximum amount of 4[ rupees ten lakhs] in aggregate:
Provided that a member who opts voluntary retirement other than due to permanent disablement before the completion of the fifteen years of continuous membership in the Fund shall be entitled to receive the aggregate of the subscription remitted by him to the Fund with interest at the rate of six percentage thereof:
Provided further that a member who opts cessation due to permanent disablement before attaining the age of fifty-five years shall be entitled to receive from and out of the Fund an amount of rupees one lakh in aggregate or at the rate specified in sub-section (1) whichever is higher.]
5[(1A) Notwithstanding anything contained in sub-section (1) or in any judgment, decree or order of any court, tribunal or other authority, a member on cessation of his practice on or before the 2nd day of March, 1993 shall be entitled to receive from out of the Fund an amount calculated at the rate of one thousand rupees for every completed year of practice for the period up to 5th May, 1989 and at the rate of two thousand rupees for every completed year of practice for the remaining period;]
6[(2) In the event of death of a member while in actual practice his nominee or where there is no such nominee his legal heirs, as the case may be, shall be entitled to receive from and out of the Fund an amount of three lakh rupees or at the rates specified in sub-section (1) for every completed year of practice with the maximum aggregate amount of 7[ ten lakh rupees] whichever is higher.]
8[(2A) *****] 9[(3) *****]
1. Substituted by Act 21 of 2016.
2. Substituted by Act 2 of 2011.
3. Substituted by Act 21 of 2016.
4. Substituted by Act 21 of 2016.
5. Inserted by Act 15 of 1995.
6. Substituted by Act 2 of 2011.
7. Substituted by Act 21 of 2016.
8. Omitted by Act 2 of 2011.
9. Omitted by Act 21 of 1989.
1[(4) For calculating the period of completed years of practice for the purpose of payment- 2[(i) under sub-section (1) and (2), every two years of practice at the Bar prior to the commencement of the Kerala Advocates’ Welfare Fund Act, 1980; and]
(ii) under sub-section (1A), every four years of practice at the bar before the admission of a member to the Fund shall be computed as one year of practice and added on to the number of years of practice after such admission:
Provided that in computing the period of practice, the period of suspension of practice, either voluntary or otherwise, shall be excluded:
3[******]
Provided also that in the case of a person who does not apply to become a member of the Fund, within six months from the commencement of the Kerala Advocates’ Welfare Fund (Amendment) Act, 1995 or within six months of his enrolment as Advocate, as the case may be, the period of practice, if any, before admission of such person to the Fund shall not be taken into account.]
4[(5) *****] 5[(5A) Notwithstanding anything contained in this Act, where an applicant for membership in the Fund dies before he is admitted as a member of the Fund, his nominee or legal heir, as the case may be, shall be eligible to get an amount at the rate of one thousand rupees per year of practice for the period commencing from the 5th day of April, 1981 and ending with the 5th day of May, 1989 6[two thousand rupees per year of practice from the 6th day of May, 1989 till the date preceding the date of commencement of the Kerala Advocates’ Welfare Fund (Amendment) Act, 1993 and thereafter at the rate of three thousand one hundred and twenty-five rupees per year of practice], provided the deceased was otherwise eligible to be admitted as a member of the Fund, but for his death.]
(6) An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed.
(7) An application received under sub-section (6) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.
7[(8) A person who had availed the entire welfare fund benefits on cessation of practice and thereafter remitted the said amount with interest in the Welfare Fund as per item (a) of rule 4 of Chapter 5 of the Bar Council of Kerala Rules, shall be eligible for refund of the amount received from and out of the Fund with six per cent interest from the date of remittance on his removal from the roll of the Bar Council of Kerala:
Provided that in the event of death of the remitter the amount shall be paid to the nominee or where there is no such nominee to his legal heirs.]