Orissa Gazette EXTRAORDINARY PUBLISHEDBY AUTHORITY ACK, WEDNESDAY, JANUARY 10, 1990:'PAUSA "191i The Orissa Advocates' Welfare Fund (Retirement Benefits) Rules, 1989 Law Department Notification The 5th January, 1990 S.R.O. Mo.2t/90- In exercise Of the powers conferred by Section 27 Of the OrissaAdvocatesWelfareFundAct. '987 (OrissaAct '8 Of '987'. theStateGovernment, in consultationwith tho Committee.do herebymake'he following namely.
1. Short title and commencement - (1) These rules may be called the '(Orissa Advocates' Welfare Fund (RetirementBenefit)) Rules, 1989.
(2) They shall gome into force on thedate of their publication in the Official Gazette.
2. Definitions - (f) In these Rules. unless the context otherwise requires :
(a) "Act" means the Orissa Advocates'Welfare FundAct. 1987;
(b) "Form" means a form appended to these rules:
(c) "Permanent disablement" means such disablement which incapacitates a person to continue his.practice as an Advocate;
(d) "Practice" meanscarrying on the profession of Advocate;
(2) All words and expressions used in these rules, but not defined therein shall have the samemeaningas are assigned to them in the Act.
3. Application for recognition and registration • (I) An application under Section 13 of the Act shall be made in Form No-I.
(2)EveryapÖlicationinFormNo.'shallbeaccompaniedbyanauthenhicated copy of the rules and/or bye-laws of the association. an up-to-date list of the membersOfthe Associationshowingthe name,address.age, (date of birth), date Ofenrollment and the roll numberin State Roll maintained by the Bar Council under Section 17 of the AdvocatesAct. 1961 the place where the member ordinarily practises, the period of suspension, if any. and such applicationshallbedulysignedbythePresidentandSecretaryOftheassociation.
(3) The certificate ot registration to be issued by the Bar Council shall be in Form NO. II.
(4) The Bar Council may recognise and register more than one Bar Associationat a place whereone or moreCourtsare locatedfor special reasons to be recorded in writin6_•
4. Application for Membership in the Fund - (I) Every application under Section 15 Ofthe Act for admission as a member Of the Fund shall be made in Form NO Ill signed bv the acplicant and attested by the President and Secretary of the Bar Assoc'atlon of Which he is a member. Published in tho Orissa Gazette Ext. No.
1. SubstitutedvideLawDept.Notfn_No. dated21_E_07 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark
(2)AnAdvocatehavingmembershipinmorethanoneBarAssociation shallbeeligibletoapplytobeadmittedasmemberof theFundonlyfrom one of such association.
(3)AnAdvocateapplyingformembershipOftheFundshallpayasum of Rs.200.OO towardstheapplicationfeealongwiththeapplication.
Provided thatanadvocatehavinglessthanfiveyearsstandingwill pay only a sum of Rs.100.OOtowardsthe application fee.
(4)Paymentof theapplicationteeshallbemadebymeansof aCrossed Demand Draftdrawninfavourofthe•AdvocatesWe'fareFundTrust"payable at the nationalised Bank at Cuttack.
(5)OnadmissionofamembertotheFund.theCommitteeshallissue a certificate in Form No. IV.
(6)TheCommittee. shallprepareandmaintainaregister membership in Form No. V.
(7)AnydecisionoftheCommitteerejectinganapplication'oradmission shall becommunicated totheapplicantbyregisteredpostwithacknowledgement due. If anymemberfails to remittheannualsubsc.-iptionbeforethe 30thJuneofthatyear,withanopportunityof beingheard.heshallbeliable toboremoved fromthemembershipo!thefundbyanorderofthecommittee.)
5. Readmissionto the Fund - (1)A personreadmittedto the Fund underSub-section(3)ot Section16of theAct shallbe treatedas a new memberfromthedateof his readmissionforall purposesof theAct.
(2)Forcalculatingtheperiodofcompletedyearsofpractiseofamember referred to in sub-ruio(1)forthcpurposeof paymentundertheAct,his practiceat theBarpriorto his readmissionshallbe ignored.
(3) Anapplicationfor readmissionshallbe in FormNo.VI.
6.StampRegisterTheCommitteeshallmaintainaseparateregister showingtheamountsreceivedfromtheStateGovernmentfromtimeto time towardssaleof stampunderSub-section(5) of Section22 of the Act.
7. Collectionof an amountdueto the Fund- (1)TheBarCouncil shall transfer tothefund20percentoftheenrolmentfeecollectedduringa financial yearbeforetwe30thAprilOfthesucceedingyear.
(2)Separateaccountshallbemaintainedfor thereceiptundereach of clause(a) to (t) of Sub-section(2) of Section3 of theAct.
8. paymentfrom the Fund- All applicationsto theCommitteefor payment out of the Fund Shail be in Form No-Vll.
9.Notice,Quorumetc.OfmeetingOftheCommittee•O)Tendays notice shallbegiventorameetingoftheCommitteebyregisteredpostwith acknowledgement due.
(2)Themeetingof theCommitteeshallbeordinarilyheldattheoffice of the Bar Council.
(3) The quorumto constitutea meetingof the Committeeshall be two-thirdofthetotalnumberOfmembersOftheCommitteeincludingChaiman.
1. SubstitutedvideLawDept.Notfn-No. dated21.8.07 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark
(4) No proceeding of the Committee shall be invalidated on the ground of non-service of notice on any individuat member.
10. Appeal (1 ) An appeal under Section 21 of the Act shall be preferred in Form No VIII within thirty days from the date of commumcation of the order.
(2) The Government shall give due notice of the date. time and place of the hearing of the appeal to the appellant and the Secretary of the Committee.
(3) The State Government may. before disposing of an appeal. make such further enquiry, as it thinks fit.
(4) A copy of every order passed in appeal certified as true and correct. shall be communicated to the appellant and the Committee. from Membership - The Committee if satisfied that any person has got himself admitted to membership ot the by misrepresentation or suppression ot any material fact or by fraud. may remove the name of such person from the membership of the fund after affording him an opportunity of being heard. On such removal all benefits accrued to such member by virtue o' the provisions of the Act and the Ruies shall stand forfeited.
2.
3.
4.
5. Form No. I [See Section IS and rule Application 'or Recognition and Registration Name of the Association WhetherregisteredundertheSocietie RegistrationAct. 1860 or other similar Act. Name's of Court's in the Centre. Number of the members practising at the time ot application (Name. address , date of enrolment, age and date of birth, date of suspension and resumption, if any). Detail should be furnished separately. Name and address of the President and Secretary. .....„.do hereby solemnty affirm that the particulars stated above are true and correct. Place : Date : President Secreta (Sea' ot the Association) (Emblem of Bar Council) Form No. II [See Section '3 and rule The ear Council of Orissa Certificate Of Registra tion The Bar Council o' Orissa, do hereby certify that the....„ Association is registered under Section 13 0' the Advocates' Weltare Fund Act. 1987 and its registration No. ...Given under my hand and seal ot the Bar Council of Orissa. Dated this the.... Seal Chairman Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark
2.
3.
4.
5.
7.
9.
9. Form No. m [See Section 15 and rule Application for admission to the Fund Name and address (in block letters) Age and Date of birth of applicant Date of enrolment under the Advocates' Act. 1961. Details of practice. Number of Vakalats filed for the last five years (Approximately). Place or places pf practice.• Suspensions or discontinuance ot practice. it any with details ot suspension and resumption. Name and address of the nominee or nominees with the proportion of-share to be paid to each. Amount and date of payment to this Fund under Section 1513) (Receipt to be attached). Admission tee how. paid (with particulars) „ do solemnly affirm that the particulars furnished above are true and correct. Place : Date Signature of the applicant Attested by President Secretary • In Case the applicant has pr•ctised in more than one Court certificate trom the president or Secretary Of Bar Association o' each Court has to b. Form No. IV [See Section '5(2' and rule 4/5)) Certificate of Membership The Orissa Advocate's Welfare Fund Trust Committee certify that Shril Smt..........is admitted to the membership 0t the said Fund under Section 15(2) of the Advocates' Welfare Fund Act, 1987. Given under my hand and seal of the Orissa Advocates' Welfare Fund Trust Committee Dated this of Seal Chairman Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Form NO. V Form Of Registration Of Members admitted to the Welfare Fdhd. {See rule 4 2 3 4 S Membership Name and Name of Bar No. Number Address Association in which he is a member 5 Date of Date Of Birth with enrolment as Advocateage 7 NO. in the State roll Date of Admission to the Fund 10 Numberofyear Rema•ks Of practice or date of admission as computed under Section 16(4) Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark
2.
3.
4. 5,
6.
7.
8.
9.
10.
12. Form No. VI [See Section 16(3) and rule Application for Readmission to the Fund Name and address (in block letters) Age,date Of birth Of applicant Date Of Enrolment under the Advocates' Act. 196t. Details Of practice. Number Of VakaIatS filed for last five years (Approximately) Place or places of practice.• Suspension or discontinuance Of practice, if any, With details Of . suspension and resumption. Name and address Of the nominee or nominees with the proportion of share to be paid each. Amount and date 0' payment to the Fund under Section 16(3) (receipt to be attached) Admission fee how paid (With particu!ars) Date Of previous admission to the membership Of the fund. Cate of previous retirement from the Fund. . . do solemnly affirm that the particulars furnished above, are true and correct. Place : Date : Signature Of applicant • In ease the applicant has practised in more than one Court certificate from the President or Secretary of Bar Association o' each Court has to be furnished.
2.
3.
4. S.
6.
7.
8. g. Form NO. Vli (See Section 16 and rule 8] Application for payment from the Fund Name and address (in block letters) Age and date Of birth 0t member. Date of Enrolment under the Advocate's Act. 1961. Registration number ot the Advocates' Welfare Fund Act. 1987. Details Of Practice: Number of Vakalats filed tor last live years (Approximately) Place or places Of practice. Completed years of practice excluding period of suspension, removal and cessation of practice.
(1) Before the Act.
(2) After the Act Date of retiremcnticessation ot practice. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Place : Date : Signature Of the applicant • In Case the applicant has practised in more than one Court certificate from the president or Secretary Of Bar Association Of each Court has to be furnishod.
2.
3.
4.
5.
6. Form No.V111 [See Section 2' and (Appeal Under Section 21) Appeal No. Name and address (in block letters) Number and date of ordor/appeal against Date ot receipt of order. Number and date of receipt evidencing payment. Statement of facts. Ground of appeal. 200 do solomnly affirm that the particulars furnished above are true and correct. Place : Date ; Signature of the applicant Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark