Haryana Advocates' Welfare Fund Rules, 2014

[25th February, 2014]

Published vide Notification No. S.O.34/CA/45/2001/S-36/2014, dated 25th February, 2014

No. S.O.34/CA/45/2001/S-36/2014. - In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 36 of the Advocates' Welfare Fund Act, 2001 (Central Act 45 of 2001), the Governor of Haryana hereby makes the following rules, namely.

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Haryana Advocates' Welfare Fund Rules, 2014.

(2)     These shall come into force from the date of publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires.

(a)      "Act" means the Advocates' Welfare Fund Act, 2001 (Central Act 45 of 2001);

(b)      "Bar Association" means an association of advocates, practicing in the Punjab and Haryana High Court, Chandigarh or District Courts, Sub-Divisional Courts, tehsils, Commissions, Tribunals and statutory authority in the State of Haryana recognized by the State Bar Council;

(c)      "Form" means a form appended to these rules;

(d)      "State Government" means the Government of the State of Haryana;

(e)      "Secretary" means the Secretary of the Trustee Committee.

(2)     Words and expressions used in these rules but not defined therein, shall have the same meaning as assigned to them under the Act.

Rule - 3. Periodical and annual report. section 11(f) and and 13(1).

(1)     The half yearly statement of income and expenditure of the fund shall be prepared in accordance with Form-I. The Secretary shall prepare the first half yearly statement for the period from 1st of April to 30th of September and the second half yearly statement for the period form 1st of October to 31st of March of the succeeding year by the 15th of May and the same shall be submitted before the Trustee Committee for its approval. The report after approval shall be sent to the State Government and the State Bar Council within fifteen days of its approval.

(2)     The Secretary shall prepare the annual report for the financial year starting from 1st April to 31st of March of the succeeding year by the end of June and the same shall be approved by the Trustee Committee, who shall send the same to the State Government and the State Bar Council within fifteen days of its approval.

(3)     The budget estimate of the income and expenditure for the next financial year shall be prepared by the Secretary and the same shall be placed before the Trustee Committee for approval before 31st of March every year.

(4)     The State Bar Council shall appoint a Chartered Accountant and get the accounts of the Trustee Committee audited once a year and remuneration to the Chartered Accountant shall be fixed by the State Bar Council for each year.

Rule - 4. Maintenance of forms, register and records. section 14(g).

The Secretary shall maintain the following records and registers namely.

(i)       register of meeting of the Trustee Committee and minutes of such meeting;

(ii)      register of sums received and deposited to the Fund under separate heads as specified in clause (c) of sub-section (2) of section 3 of the Act;

(iii)     register of all sums collected under separate heads under section 18;

(iv)    register of members of the Fund;

(v)      register of payment to members of the Fund, their dependents, nominees and legal heirs under separate heads;

(vi)    register of members of the Fund under suspension;

(vii)   register of members of the Fund who have ceased to practice;

(viii)  register of all enquiries made by the Trustee Committee;

(ix)    register of staff appointed by the Trustee Committee;

(x)      record of all forms, application and other documents received;

(xi)    record of all correspondence and other business transacted by the Trustee Committee;

(xii)   register for Group Insurance of members of the Fund along with particulars of each member;

(xiii)  register of income and expenditure.

Rule - 5. Application for recognition and registration. section 16(1)(2).

(1)     An application for recognition and registration by an association of advocates functioning in any Court, Commission, Tribunal, Statutory Authority in the State of Haryana shall be submitted in Form II to the State Bar Council;

(2)     Any existing Bar Association established within the jurisdiction of the State of Haryana and recognized and registered by the State Bar Council under the Bar Associations Constitution and Registration Rules, 2009, if not already registered, under this Act shall get itself registered and recognized under the Act, within six months from the date of commencement of these rules and copy of the registration shall be submitted to the State Bar Council within the above said stipulated period, failing which the State Bar Council may take action against such defaulting Bar Association.

(3)     Every application in Form II shall be accompanied by the authenticated copy of rules and bye laws of the Bar Association, updated list of members with their recent photographs, showing their names, complete address, age, date of birth, date of enrolment, the enrolment number in the State rolls maintained by the Bar Council under section 17 of the Advocates Act, 1961 (Central Act 25 of 1961), the place where the member ordinarily practices, the period of suspension, if any and such application shall be duly signed by the President/Secretary of the Bar Association and in their absence by Vice-President/Joint Secretary.

(4)     The State Bar Council may recognize and register more than one Bar Associations in a District/Sub division/tehsil, functioning in any field of law, other than district courts/sub divisional courts/tehsil for special reasons to be recorded in writing and may cancel the recognition and registration granted to a Bar Association, if it fails to carry out any of the duties specified in section 17 and sub-section (5) of section 26 of the Act and rules made by the State Bar Council:

Provided that no such orders cancelling recognition or registration shall be passed by the State Bar Council, without giving an opportunity of being heard.

Rule - 6. Certificate of recognition. section 16(4).

The Certificate of recognition and registration shall be in Form III and shall be issued under the signatures of the Chairman after getting approval of General House of the Bar Council.

Rule - 7. Application for membership. section 18(1)(2).

(1)     Every application under sub-section (1) or sub-section (2) of section 18 of the Act for admission as a member of the Fund shall be in Form IV.

(2)     The application shall be signed by the applicant and attested by the President/Secretary and in case of their absence, shall be signed by the Vice-President/Joint Secretary of the Bar Association of which he is a member.

(3)     Every advocate practicing in the State of Haryana, including advocates practicing at Chandigarh and having the domicile of the State of Haryana, and a member of recognized Bar Association shall be eligible to apply to the Trustee Committee, within six months from the date of enforcement of these rules.

(4)     An advocate having membership in more than one Bar Association shall be eligible and entitled to be admitted as a member of the Fund only from one of his/her choice of Bar Association.

(5)     An advocate applying for membership of the Fund shall pay a sum of Rs. 200/- towards application Fee, Rs. 100/- as postal charges and annual subscription of Rs. 50/- alongwith the application in form IV. Senior Advocate (designated) shall be required to pay Rs. 1000/- as annual subscription.

(6)     An applicant may choose the option to pay Rs. 2000/- as subscription fee for life along with the application fee of Rs. 200/- plus Rs. 100/- as postal charges. The annual subscription shall be refunded in case the application is rejected.

(7)     Application fee shall be deposited in cash in the office of State Bar Council or by means of a crossed demand draft drawn in favour of the Chairperson Trustee Committee, Haryana Advocates Welfare Fund payable at Chandigarh and application for admission shall be disposed of within a period of ninety days from the date of receipt thereof and the Trustee Committee after scrutiny shall pass an order and office report shall be prepared by officer/official as authorized by the Trustee Committee.

(8)     On admission of the member to the Fund, the Trustee Committee shall issue a certificate of membership in Form V signed by the Chairperson/Secretary of the Trustee Committee and the date of admission shall be determined by the date of approval of membership of the Fund by the Trustee Committee.

(9)     Any decision of the Trustee Committee rejecting an application for admission shall be communicated to the applicant by registered post with acknowledgement due, within a period of one month of such decision.

(10)   The Trustee Committee shall remove any member from the membership of the Fund if he fails to deposit the annual subscription before 31st of March of that year. He shall also be liable to be removed on account of any punishment of misconduct or removal under the provisions of the Advocates Act, 1961 (Central Act 25 of 1961) or any other disqualification under the rules of Bar Council of India.

(11)   The Trustee Committee may, on a complaint or suo-motto, if satisfied that any person has got himself admitted to the membership of the Fund by misrepresentation or suppression of any material fact or by fraud, remove the name of such person from the membership of the Fund after affording him an opportunity of being heard. On such removal as mentioned above, all benefits accruing to such member by virtue of the provisions of the Act and under these rules shall stand forfeited.

(12)   An advocate may apply for re-admission as a member of the Fund under sub-section (7) of section 18 in Form VI, within a period of six months from the date of his removal and may be re-admitted to the Fund by the Trustee Committee within a period of ninety days from the date of receipt of an application thereof, on payment of arrears with interest at twelve percent per annum and re-admission fee of ten rupees only.

(13)   The Trustee Committee shall make an endorsement of re-membership on the certificate of membership already issued.

Rule - 8. Reduction of amount of Fund. section 18(12).

(1)     Every member of the Fund shall within fifteen days of his removal from the State roll under section 26-A of the Advocates Act, 1961 (Central Act 25 of 1961) or suspension of practice/removal of name under section 35 of the said Act or voluntary suspension, shall intimate in writing to the Trustee Committee.

(2)     If member of the Fund fails to intimate under sub-section (12) of section 18 of the said Act then after conducting an appropriate inquiry, the amount payable to the member shall be reduced. However, in no case, the reduction shall exceed fifty per cent of such amount payable.

Rule - 9. Benefits to members. section 21 and 24.

(1)     In the event of death of a member, the spouse and in the absence of the spouse, the dependent children of the deceased member may apply for the amount payable under the Act to the Trustee Committee in Form VII.

(2)     Any member of the fund who is unable to maintain himself, and is also incapable of bearing the cost of treatment for himself, in case of serious ailments, may apply for medical assistance in Form VIII. The amount of financial assistance shall be decided by the Trustee Committee in accordance with the below mentioned sub-rule and shall be given only once in three years.

(3)     The Trustee Committee, on an application submitted to it, after being satisfied about the genuineness of the claim, may, -

(i)       in case of hospitalization for major surgical operations, sanction medical grant which shall not exceed a sum of Rs. 50,000/-;

(ii)      in case of open heart surgery, organ transplant, angioplasty, tuberculosis, leprosy, paralysis and cancer, sanction grant, which shall not exceed Rs. 1,00,000/-;

(iii)     If the claimant is entitled or has received any such benefits from any other source, then he/she shall not be entitled for any such medical claim. While submitting the application for medical claim the applicant shall submit an affidavit mentioning the above said facts.

Rule - 10. Appeal. section 25.

(1)     An appeal against any decision of the Trustee Committee shall lie to the State Bar Council within a period of thirty days from the date of receipt of the order and shall be in Form IX.

(2)     A proof of payment of fee of rupees two hundred for filing appeal deposited by way of cash/bank draft in favour of the Bar Council of Punjab and Haryana shall be attached with Form IX.

(3)     The State Bar Council shall hear the parties in person or through counsel and decide accordingly.

(4)     The State Bar Council may, inquire in to the matter or may entrust the enquiry to a committee to be constituted by it.

(5)     While disposing of an appeal, the State Bar Council may pass any appropriate order or after recording reasons remand the matter to the Trustee Committee for fresh disposal.

Rule - 11. Value and design of stamps. section 26.

The custody of the welfare stamps shall be with the State Bar Council and the stamps shall be printed in the denominations of twenty five rupees. The design of the Welfare Stamps shall inscribe therein the words "Haryana Advocates' Welfare Fund Stamp" and the emblem of the Bar Council of Punjab and Haryana.

Rule - 12. Accounts of stamps. section 26(5).

(1)     The State Bar Council shall maintain the following accounts and registers with the signature of official incharge, namely.

(i)       register showing the orders placed for the printing of stamps;

(ii)      register showing the stock of stamps with the heads;

(iii)     register showing date of sale of welfare stamps with receipt and name of the Bar Association;

(iv)    account of total value and number of stamps with their serial numbers;

(v)      total value of stamps if any damages, defaced or torn;

(vi)    account of balance of welfare stamp in stock.

(2)     The President/Secretary of every Bar Association shall be responsible to the State Bar Council or the Trustee Committee for the distribution of stamps to its members and shall maintain the record/register of the purchased and sold stamps in Form X and send the same to the State Bar Council on or before 30th April of every financial year.

Rule - 13. Value of stamps. section 27(1).

Every advocate shall affix/paste welfare stamp of a value of twenty five rupees only on every Vakalatnama to be filed in the Supreme Court of India, in the Punjab and Haryana High Court, in all District Courts, Sub-Divisional Courts, Tribunals, Commissions/Forums and other statutory authorities in the State of Haryana.

Rule - 14. Cancellation of stamps. section 27(4).

Vakalatnama filed requiring a stamp under the Act shall not be considered, acted upon in any proceeding in any court of law, Tribunal, Commission/Forum, other statutory authority or before any person legally authorized to take evidence, until the stamp has been cancelled in a manner as prescribed in section 30 of the Court Fees Act, 1870.

Rule - 15. Office of the trustee committee. section 36(2).

The office of the Trustee Committee shall be located at such place as may be decided by the State Bar Council.

Rule - 16. Meetings. Section 36(2).

(1)     Meeting of the Trustee Committee shall ordinarily be held at the office of the Trustee Committee as decided by the State Bar Council.

(2)     The date and time for a meeting of the Trustee Committee shall be fixed by the Secretary with the prior approval of the Chairperson and the Secretary shall convey the same to the members with seven days notice through registered post/e-mail/SMS etc.

(3)     In case of urgency, the Chairperson may convene an emergent meeting of the Trustee Committee at a short notice and such notice may be given either by telephone or e-mail or registered letter or through SMS or dasti.

(4)     The agenda for every meeting of the Trustee Committee shall be prepared by the Secretary with the approval of the Chairperson and shall be circulated to the members.

(5)     All meetings of the Trustee Committee shall be presided over by the Chairperson and in his absence, the Trustee Committee may elect any member present as the Chairperson to preside over the meeting.

(6)     All matters brought before the meeting of the Trustee Committee shall be decided by a majority of the votes of the members present and voting. The Secretary shall not have any right to vote in any meeting.

(7)     The Chairperson or the member, presiding over the meeting as Chairperson, shall have a casting vote in case of equal votes on a particular item on the agenda.

(8)     It shall be open to any member to raise any matter with the permission of the Chairperson in the ongoing meeting which is not included in the agenda.

(9)     The minutes of the meeting shall be recorded by the Secretary or any other official duly authorized by the Trustee Committee and the same shall be circulated to the members, as early as possible, after approval of the Chairperson.

(10)   The approved minutes of the previous meeting shall be read and confirmed at the next meeting of the Trustee Committee.

Rule - 17. Financial powers. Section 36(2).

(1)     All administrative expenditure, payments and investments shall be prepared by the Secretary and approved by the Trustee Committee. An expenditure or payment of a contingent nature on one item may be sanctioned by the Chairperson up to Rs. 25,000/- (twenty five thousand rupees only) and by the Secretary upto Rs. 10,000/- (ten thousand rupees only) which shall be placed before the Trustee Committee for approval in its next meeting. Any capital expenditure exceeding Rs. 25,000/- (twenty five thousand rupees only) shall not be incurred without the previous sanction of the committee:

Provided that the Secretary shall have the powers to accord sanction on account of printing and purchase of stationery, postage expenses, office furniture and infrastructure, telephone bill, electricity bill and TA/DA Bills and other articles of day to day use in the office and other expenses not exceeding an amount of Rs. 10,000/- each.

(2)     The Chairperson of the Trustee Committee shall have the power to accord sanction of travelling allowance and halting/daily allowance to the members of the Trustee Committee, disbursement of salary to the staff and other routine and unforeseen expenses of the Trustee Committee.

(3)     All payments shall be made by cheque and expenditure up to Rs. 10000/- (ten thousand rupees only) may be made in cash.

Rule - 18. Share of State Bar Council. Section 15.

(1)     The State Bar Council shall pay to the Fund twenty percent of the enrolment fee of the advocates, during the financial year ending 31st of March of each year, before the 30th of June of the same year.

Rule - 19. Appointment of staff. Section 36(2).

(1)     The Trustee Committee may appoint staff members and employees as may be required and sanctioned to carry out the functions of the Committee from time to time. The Trustee Committee shall also decide the qualifications, salary and other terms and conditions on which staff member and employees may be engaged.

(2)     The establishment of the Trustee Committee may consist of the following posts, namely;

1.        Superintendent - 1

2.        Accountant - 1

3.        Stenographer - 1

4.        Clerk - 1

5.        Peon - 2.

(3)     The Trustee Committee may create such other temporary posts, as may be required from time to time.

(4)     The Trustee Committee shall frame service rules for appointment and governance of staff members prior to the appointment of any staff.

Form-I

(see rule 3)

Statement of Income and Expenditure Account For the year First Half/ Second Half/ and Annual Statement Ending on______________

For the Year Ending 31 March_____________

Particulars to be reported:

(a)      Financial Highlights of collection of fund and distribution of head wise fund.

(b)      Range of activities undertaken to promote welfare of members.

(c)      New assets added during the year.

(d)      Any other matter(s) as may be considered by the "Committee" and approved for reporting in the Annual Report.

Signature
Name
Designation
(With Seal)

Form-II

(see rule 5)

Application for recognition of the Bar Association as required under Sub-section (1) of section 16 of the "Advocates Welfare Fund Act, 2001".

Declaration

We ____________________ and _________________ solemnly affirm that the particulars stated above are true and correct as per record of the Bar Association.

Place________________________

Form No. III

{See Rule 6}

Bar Council of Punjab and Haryana

Certificate of Recognition and Registration under Advocate's Welfare Fund Act, 2001

The Bar Council of Punjab and Haryana do hereby certify that the ____________ Association is recognized and registered under sub-section (4) of section 16 of the Advocates welfare Fund Act, 2001 with registration No. _______________

If this issues with the approval of General House of the Bar Council Given under my hand and seal of the Bar Council on this ____________ day of ____________

Chairman

Bar Council & Punjab Haryana

Chandigarh

Form No. IV

(see rule 7)

Application for admission as a member of the Fund under sub-section (1) of section 18 of the Advocates Welfare Fund Act.

Registration No. ..............

For office use only

Secretary, Trustee Committee, Haryana Advocates' Welfare Fund, Bar Council of Punjab and Haryana, Law Bhawan Sector 37-A, Chandigarh

Sir,

I hereby apply for admission as a member of the Fund under "Advocates Welfare Fund Act, 2001."

Declaration

(a)      I hereby declare that the above particulars are true to my personal knowledge.

(b)      I belong to State of Haryana.

(c)      I hereby undertake to abide by the provisions of the Act, Rules made there under and directions/instructions of the Trustee Committee/Bar Council issued from time to time.

(d)      I further declare that if any statement of fact stated in this application is found to be false at any time, my name shall be liable to be struck off as a member of the fund and will not be entitled to any benefit of the Fund or refund of contribution paid by me and same shall stand forfeited.

Dated

Signature of the Applicant/Advocate.

Certificate of Bar Association

Forwarded with the certificate that the applicant is a enrolled member of the Bar Association _________ at Sr. No. ____________ since ___________ as mentioned in column 8 of this application and he/she is regularly practicing as an Advocate.

Form No. V

{See Rule 7(8)}

Trustee Committee

Haryana Advocates Welfare Fund

(Statutory Body Govt. of Haryana)

Certificate of Member ship of the Fund The Trustee committee of the Haryana Advocates welfare Fund does hereby certify that Sh ............... Advocate ............................. r/o ...................................... having enrolment no ............................. is admitted to as a member of the Advocate's welfare Fund, under section 18 of the Advocates' Welfare Fund Act, 2001.

His/Her Membership No. is __________________________ Given under my hand and sear of the Trustee committee this __________________ day of _____________ 201.

Chairperson/Secretary

Trustee Committee

Advocates Welfare Fund

Form No. VI

(See Rule 7(12))

Application for Re-admission to the Welfare Fund

I, ______________________ do solemnly affirm that the particulars furnished above are true and correct to my knowledge. No part of it is false and nothing has been concealed therein.

Place:

Date:

Signature of the Applicant

Certificate by the President

I ___________________ the President of _______________ Bar Association do hereby certify that the applicant is a enrolled member of our Bar Association at serial No. and he is not a defaulter the Bar Association and the information furnished in Col. 4 of the application is correct.

Form No. VII

(see rule 9)

Application Form for the Grant of 'Death Benefit'

Place:

Date:

Signature of the Applicant.

Enclosures required:

1.        Death Certificate.

2.        Recommendation of the Bar Association.

Note. Affix a Passport size photograph of the nominee/nominees at the top of the application.

Form No. VIII

(see rule 9)

Application form for Grant of Medical Facility

Declaration

I ................................................................................................................................................................... do hereby solemnly affirm that the particulars furnished above are true and correct.

Place:

Date:

Signature of the Applicant.

Certificate of Doctor

1.        Certified that Sh. ___________________ Advocate S/o Sh. __________________ remained under my treatment as indoor/outdoor patient from _________ to ____________

2.        He/She was suffering from ______________________

3.        Certified that the treatment as indoor/outdoor was necessary

4.        Certified that the medical charges are cheaper/effective

5.        Certified that the prices of the claim/Medicine is reasonable

6.        Certified that the medicine are not in the nature of tonic the cost of which is not reimbursable under the Government instructions

Signature
of the Medical Practitioner/Doctor
with Seal

Form ? IX

(see rule 12)

Bar Council of Punjab and Haryana

Memorandum of Appeal

(Under Section 25 of the Advocates' Welfare Fund Act, 2001)

A.W.F. Appeal No. ____________ of _________________

1.        The appellant files this appeal against the decision/order dated of the Respondent Trustee Committee.

2.        Date of receipt of decision/order.

3.        Statement of facts.

4.        Grounds of appeal.

5.        The appeal is within limitation.

6.        The appellant has paid Rs. 200/- (Two hundred only) as fees for the Appeal Vide receipt No. ________________ dated _____________________

7.        Relief claimed.

Place:

Date:

(Appellant)

I, ____________________ do hereby solemnly affirm that the particulars furnished above are true and correct.

(Appellant)

Enclosure

1.        Certified copy of the decision/order of the Trustee Committee.

2.        Proof of payment of fee.

Form No. X

(Rule 14(2))

Annual Statement of Haryana Advocates Welfare Stamps

(Accounts of Stamp)

{Bar Council U/s 26(5)}

Signature
President/Secretary
Bar Association__________
(With Stamp)