BAR COUNCIL OF INDIA ADVOCATES' WELFARE SCHEME, 1998

 

Scheme 1. Preliminary.

(i)       This Scheme may be called the "Bar Council of India Advocates' Welfare Scheme, 1998".

(ii)      It shall come into force on the 1st November, 1998.

(iii)     Subject to the provisions of this Scheme, any Advocate enrolled with any State Bar Council in India shall be entitled to become a member of the Scheme after submitting an application in Form "A".

(iv)    The maximum age at which an Advocate may become a member of the Scheme is 65 years.

(v)      The normal retirement age of the members is 90 years.

Scheme 2. Subscription.

(i)       Every applicant shall pay an admission fee of Rupees Five Hundred in lump sum with the application.

(ii)      Every member shall pay an annual subscription of Rs. 750/- (Rupees Seven Hundred and Fifty) per year on or before 31st of July of every year.

Alternatively a member may pay a lump sum contribution of Rs. 7,500/- (Rupees Seven Thousand and Five Hundred) at the time of joining the Scheme and in that event he shall not be required to pay any annual subscriptions.

(iii)     In case of default in depositing the subscriptions, interest at the rate of fifteen per cent per annum shall be charged on every year's default.

Scheme 3. Administration.

(i)       The scheme shall be administered by the Advocates Welfare Committee of the concerned State Bar Council.

(ii)      A Welfare Fund by name "All India Advocates Welfare Fund" or any other name which the Bar Council of India may decide, shall be established with the subscription received from the members, and income which may be received from other sources and in each of the State separate accounts shall be opened.

(iii)     The moneys of the fund shall be invested in securities/Investments as may be considered appropriate by the Advocates Welfare Committee keeping in view the safety of the Fund and ensuring higher returns on the Fund.

(iv)    The Advocates Welfare Committee shall have the power to appoint with the consent of the Bar Council of India, any person or persons with requisite qualifications to act as the Secretary/Secretaries, Manager/Managers or Registrars of the fund at such remuneration and on such terms and conditions and with such powers as the Advocates Welfare Committee may think fit. The Committee may also employ any person or persons to do any accounting, actuarial other work which it may consider necessary or expedient in connection with the management of the Fund or of the assets thereof.

(v)      An actuarial valuation shall be carried out by a qualified Actuary every two years to ascertain the solvency of the Fund and to examine the possibility of improvement of benefits.

(vi)    The accounts of the Fund shall be maintained in India and shall contain such particulars as the Advocates Welfare Committee may think proper, and as be required by law. As soon as possible after the 31st day of March in each year, the Committee shall take a general account of the assets and liabilities of the income and expenditure, during the year terminating on thirty first day of March in such form as may be considered suitable by the Advocates Welfare Committee.

The first accounting period will be audited from 1st August, 1998 to 31st March, 1999. Thereafter the accounting year shall be from 1st April to 31st March of each year.

(vii)   The accounts of the fund shall be audited yearly by Chartered Accountant or a firm of Chartered Accountants, who shall have an access to all the books, papers, vouchers and documents connected with the Fund, and who shall in writing, report to the Advocates Welfare Committee on the annual accounts. A copy of audited accounts shall be furnished to the Bar Council of India.

Scheme 4. Refusal/Removal from the Membership of the Fund.

(i)       If any advocates is refused admission to the membership of the Scheme, he may appeal to the Advocate Welfare Committee of the Welfare Fund of the Bar Council of India within three months from the date of refusal. The Advocates Welfare Committee may after giving due opportunity of hearing to the concerned advocates and the Bar Council, direct that such advocates may be admitted to the membership of the Scheme. The order so passed shall be final.

(ii)      If any member is expelled form the membership of the concerned State Bar Council or otherwise ceases to be a member of the State Bar Council, then his name shall be liable to be deleted from the membership of this scheme and the annual subscriptions/lump sum contribution paid by him together with 6% simple interest per annum shall be paid to him:

Provided that no order of deletion of name from the membership of the scheme shall be made except on the recommendation of the concerned Advocates Welfare Committee and without hearing the concerned member and such order shall be passed by the State Bar Council in its general meeting after such enquiry, as may be necessary.

(iii)     Name of the member shall stand removed from the Scheme automatically if he is in arrears of annual subscription for a period of three consecutive years.

(iv)    An advocate who is so removed from the membership of the Scheme, can only be re-admitted on payment of arrears of subscriptions due against him alongwith interest at the rate of 15% per annum and such other penalty not exceeding Rs. 500/- (Five Hundred) only as may be imposed by the Advocate Welfare Committee; provided his name is restored or continues on the State Roll maintained by the concerned State Bar Council.

Scheme 5. Benefits of early retirement from the Scheme.

(i)       Any member of the Scheme who completes a period of 5 years after he becomes a Member of the Scheme shall subject to other provisions of the Scheme be entitled to seek voluntary retirement from the membership and to receive the amount of annual subscription/lump sum contribution deposited by him alongwith the simple interest at the rate of six percent, per annum from the date of deposit made by him."

(ii)      Any member suffering from total permanent disablement shall be allowed to retire as an Advocate and will not be entitled to be enrolled thereafter and become a member of the Scheme. He shall be entitled to the benefits as per Table II-AII-B of the Schedule appended to the Scheme and the Advocates Welfare Committee in special circumstances for reasons to be recorded, may allow claim upto Rs. 50,000/- (Fifty Thousand).

(iii)     A member has the option to seek voluntary retirement from the Membership any time after attaining 75 years of age but in simple case member would retire on completion of 90 years or on completion of 40 years of membership whichever is earlier.

(a)      If the member retires any time after attaining 75 years of age before completion of 40 years of membership or 90 years of age 90% of the maturity value shown in Table-I shall be paid to him depending upon his completed number of years of membership.

(b)      If the member retires after completion of 40 years of membership he shall be entitled to full maturity value shown in Table-I depending on his completed number of membership on the date of his retirement.

(iv)    Notwithstanding anything contained in this Scheme to the contrary, if any Advocate after his admission to the Scheme joins any employment, he shall be entitled for refund of subscriptions/lump sum contribution without any interest.

Scheme 6. Benefits payable on death/illness while continuing as Member of the Scheme.

(i)       In case any member dies or acquires total permanent disablement at any time after becoming a member of the Scheme, he or his nominee/defendants or other legal heirs, shall be entitled for a sum as per Table-II-A/Table II-B of the Schedule appended to the Scheme.

Explanation.For the purpose of this clause, 'dependents' means the spouse, minor children and unmarried daughters.

(ii)      Advocates Welfare Committee on an application made to it in the prescribed form after being satisfied about genuineness of the claim, may grant ex-gratia payment from the fund depending upon soundness of fund.

In case a member of the Scheme is hospitalised for at least one month or undergoes a major surgery or is suffering from paralysis, cancer, unsoundness of mind and/or other similar serious ailments, on the production of a certificate from the Chief Medical Officer or superintendent of medical college concerned to that effect, may be paid an amount not exceeding ten thousand rupees:

Provided that a subsequent claim shall not be entertained unless a period of three year from the date of first payment has elapsed and fund would be adequate to grant subsequent claim.

Scheme 7. Benefits payable on normal retirement at the age of 90 years or on completion of 40 years of membership, whichever is earlier.

(a)      For members who are paying annual contribution of Rs. 750/- annum.

(i)       The maturity benefit payable on retirement at 90 years of age or after completion of 40 years of membership will be, as shown in Table-1 of the Schedule.

(ii)      Further, as an additional benefit for a member who has completed 20 or more years of membership and is aged below 65 years, a Medi-Claim Policy on the life of the member and his wife for as sum of Rs. 1 lakh each may be purchased from New India Assurance Co. Ltd. or any other subsidiary Company of General Insurance Corporation of India covering Hospitalisation/Domiciliary Hospitalisation benefits from age 65 to 70 years provided the member and his wife are in good health at the time of taking out the policy and fund is sound enough to meet the expenditure aforesaid.

(b)      For members who paid a lump sum contribution of Rs. 7,500.

(i)       The Maturity benefits payable on retirement at the age of 90 years or on completion of 40 years of membership will be, as shown in Table I of the Schedule,

(ii)      Further as an additional benefit for a member who has completed 20 or more years of membership and is aged below 65 years, a Medi-Claim Policy on the life of the member and his wife for a sum assured of Rs. 1 lakh each may be purchased from New India Assurance Co. Ltd., or any other subsidiary Company of General Insurance Corporation of India covering Hospitalisation/Domiciliary Hospitalisation benefits from age 65 to 70 years provided the member and his wife are in good health at the time of taking out the policy and fund is sound enough to meet the expenditure aforesaid.

Scheme 8. General.

(i)       An appeal in the prescribed form may be filed to the Bar Council of India against the decision of the Advocates Welfare Committee within 30 days from the date of such order and shall be accompanied with the copy of the decision appealed against and shall be filled within 30 days of the receipt of the order. The decision of the Bar Council of India shall be final.

(ii)      in case the Scheme is silent about any matter, such matters shall be decided by the Advocates Welfare Committee in consultation with Bar Council of Bihar.

(iii)     Those advocates who join this Scheme shall be entitled to the benefits of any other Scheme for the time being in force.

(iv)    With respect to process of payment of all claims under this Scheme, Bar Council of India may lay down the guidelines for this purpose.

Scheme 9. A Schedule showing the benefits offered under the Scheme.

End.: Schedule (Table I, IIA and IIB) showing the benefits:--

TABLE I

Benefit on Early Retirement (See Rule-5)

TABLE II

Benefit on Death/Permanent Disablement.

(In cases where a lump sum payment of Rs. 7,500/- is paid at the time of becoming a member)

[See Rule-6]

TABLE II-B

Benefit on Death/Permanent Disablement.

(In cases where Annual Subscriptions of Rs. 750/- PA are paid)

[See Rule-6]