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Section 2: Definitions

The Kerala Advocates Welfare Fund Act, 1980 (Act 21 of 1980)State Act of Kerala · Act 21 of 1980

In this Act, unless the context otherwise requires,— 1[(a) “actual practice” means carrying on the profession of an Advocate other than senior Advocate and filing of at least five vakalaths per year by an Advocate whose name is included in the list of practicing Advocates published and maintained by the Bar Council in accordance with the rules made by it under section 27];

2[(aa)] “Advocate” means a person whose name has been entered in the State roll of advocates prepared and maintained by the Bar Council of Kerala under section 17 of the Advocates’ Act, 1961 (Central Act 25 of 1961) 3[and who is a member of the Bar Association] ;

4[(ab) “Advocates Academy” means the academy constituted by the Bar Council for providing training to Advocates to enable them to give efficient legal service to the people;]

(b) “Bar Association” means an association of advocates recognised and registered by the Bar Council under section 13 ;

(c) “Bar Council” means the Bar Council of Kerala constituted under section 3 of the Advocates’ Act, 1961 (Central Act 25 of 1961) ;

5[(d) “cessation of practice” means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his retirement 6[on completion of fifteen years of continuous membership in the Fund or due to permanent disablement] or death 7[*****] ] ;

(e) “dependents” means wife, husband, father, mother and 8[sons and daughters] or such of them as exist;

*Received the assent of the President on the 5th day of December, 1980 and published in the Kerala Gazette Extraordinary No. 1050 dated 10th December 1980.

1. Substituted by Act 21 of 2016.

2. Renumbered by Act 2 of 2011.

3. Added by Act 2 of 2011.

4. Inserted by Act 21 of 2016

5. Substituted by Act 15 of 1995.

6. Substituted by Act 2 of 2011.

7. Omitted by Act 2 of 2011.

8. Substituted by Act 21 of 1989.

(f) “Fund” means the Advocates’ Welfare Fund constituted under section 3;

(g) “member of the Fund” means an advocate admitted to the benefit of the Fund and continuing to be a member thereof under the provisions of this Act ;

1[(ga) “Non-practising Advocate” means an Advocate who is not in actual practice;

(gb) “Practising Advocate” means an Advocate in actual practice;]

2[(gg) “Permanent disablement” means such physical or mental disablement which totally in capacitates an Advocate to continue his professional practice for ever;]

(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 Bar Council ;

(j) “stamp” means the stamp printed and distributed under section 22; .

(k) “State” means the State of Kerala ;

(l) “suspension of practice” means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct ; .

(m) “Trustee Committee” means the committee established under section 4 ;

(n) “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 Kerala Advocates Welfare Fund Act, 1980 (Act 21 of 1980)
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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