KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 1993

KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 1993

Preamble - KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 1993

THE KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 1993

[Act No. 21 of 1993]

[19th May, 1993]

PREAMBLE

An Act to amend the Karnataka Advocates' Welfare Fund Act, 1983.

Whereas, it is expedient to amend the Karnataka Advocates' Welfare Fund Act, 1983 (Karnataka Act 2 of 1985) for the purposes hereinafter appearing.

Be, it enacted by the Karnataka State Legislature in the Forty-fourth Year of the Republic of India as follows

Section 1 - Short title and commencement

(1)     This Act may be called the Karnataka Advocates' Welfare Fund (Amendment) Act, 1993.

(2)     It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.

Section 2 - Amendment of Section 2

In Section 2 of the Karnataka Advocates' Welfare Fund Act, 1983 (Karnataka Act 2 of 1985) (hereinafter referred to as the principal Act)

(1)     for clause (d), the following shall be substituted namely."(d) "Cessation of Practice" means removal of the name of an advocate from the roll maintained by the Bar Council or non-renewal of Pleadership Certificate on the ground of

(i)       death; or

(ii)      permanent disability; or

(iii)     voluntary retirement due to old age

(2)     ?for clause (g), the following shall be substituted namely"(g) 'member' means member of the fund;(ga) ''permanent disability" means disability which renders an Advocate totally incapable from practising as such. A certificate to that effect by such authority as may be prescribed, shall be produced";

(3)     in clause (i), for the words "Trustee Committee" the words "Bar Council and the Trustee Committee", shall be substituted.

Section 3 - Amendment of Section 3

In Section 3 of the principal Act.--

(1)     in sub-section (1), for the words "benefits to the advocates in the State" the words "and other benefits to the advocates and their dependents, in the State" shall be substituted.

(2)     in sub-section (2)

(i)       clause (a) shall be omitted;

(ii)      in clause (b), the word "other" shall be omitted;

(iii)     for clause (k), the following shall be substituted, namely"(k) amounts collected under Section 15 by way of admission fee".

Section 4 - Amendment of Section 4

In clause (d) of sub-section (3) of Section 4 of the principal Act, for the word "two" the word "three" shall be substituted.

Section 5 - Amendment of Section 5

For clause (d) of sub-section (1) of Section 5 of the principal Act, the following shall be substituted, namely."(d) has committed breach of trust, or".

Section 6 - Amendment of Section 9

In sub-section (2) of Section 9 of the principal Act.--

(1)     clause (b) shall be omitted;

(2)     for clause (e), the following shall be substituted, namely"(e) pay to the members amounts in accordance with of Section 16".

(3)     for clause (g), the following shall be substituted, namely."(g) communicate to the applicants by registered post with acknowledgment due, the decisions of the Trustee Committee in respect of claims to the benefits of the fund".

Section 7 - Amendment of Section 10

In sub-section (3) of Section 10 of the principal Act, after the words "Administration of the Fund" the words "and all expenditure relating to supply of Welfare Fund Stamps" shall be inserted.

Section 8 - Omission of Section 12

Section 12 of the principal Act, shall be omitted.

Section 9 - Amendment of Section 15

For Section 15 of the principal Act, the following shall be substituted, namely."15. Membership of the Fund

(1)     Every advocate, other than an advocate coming under proviso to sub-section (5) of Section 16, on the roll of the Karnataka State Bar Council practising in the State of Karnataka, shall be a member of the Fund and shall file a declaration in such form as may be prescribed along with an admission fee or rupees one hundred:

Provided that the advocates other than those who have already become members, shall file such declarations as may be prescribed and pay rupees one hundred within six months from the date of coming into force of the Karnataka Advocates' Welfare Fund (Amendment) Act, 1993.

(2)     ?Every member shall furnish the particulars of place of practice with such other details as may be prescribed.

(3)     ?Every member who voluntarily suspends practice or retires shall within fifteen days of such suspension or retirement intimate that fact to the Trustee Committee and if any member fails to do so without sufficient reason the Trustee Committee may reduce the amount due to that member in such manner as may be prescribed".

Section 10 - Amendment of Section 16

In Section 16 of the principal Act.--

(1)     for sub-section (1), the following shall be substituted, namely."(1) A member shall, on cessation of practice arising out of voluntary retirement due to old age, be entitled to receive from out of the fund, an amount at the rate of rupees one thousand for every completed year of practice, subject to a maximum of rupees fifty thousand".

(2)     sub-section (3) shall be omitted;

(3)     to sub-section (4), the following provisos shall be inserted, namely.--

"Provided that while calculating the period of completed years of practice for the purpose of payment under this Act, the fraction of three months and more before admission and fraction of six months arid more, after admission shall be treated as one full year.

Provided further that the period of suspension of practice, as a result of misconduct under Section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) shall be excluded for the purpose of calculation of the period of completed years of practice".

(4)     for sub-section (5), the following shall be substituted, namely."(5) A sum of rupees fifty thousand shall be paid to the member, on cessation of practice due to permanent disability:

Provided that lumpsum amount shall not be paid to a member, who had voluntarily suspended and resumed practice for purposes of either employment, avocation or business, or who had been enrolled as an Advocate either on retirement or dismissal from service or employment or who enrolls as an advocate after the age of forty years".

Section 11 - Insertion of new Section 26-A

After Section 26 of the principal Act, the following new section shall be inserted, namely."26-A. The Advocates Family Welfare Fund

(1)     Subject to such rules as may be prescribed, the State Government shall constitute a Fund called the Karnataka Advocates Family Welfare Fund, for payment of family welfare benefits to the nominees or legal heirs of the deceased advocates.

(2)     The contribution for the membership of the fund shall be a sum of rupees one thousand:

Provided that the State Government may prescribe a lesser amount for contribution by persons belonging to Scheduled Castes or Scheduled Tribes for the membership of the fund.

(3)     There shall be credited to the fund

(a)      contributions made .by the members of the fund;

(b)      any donation or contribution made to the fund by the Bar Council of India, Bar Council, any Bar Association, any Association or authority, institution, any Advocate or any other person or institution.

(4)     the State Government shall constitute a Committee for the administration of the fund.

(5)     Every advocate practising in any Court in the State and being a member of the Bar Association, may apply to the Committee constituted for the Administration of the fund for admission as a member of the fund, in such form as may be prescribed;

(6)     ?Upon the death of an Advocate who is a member of the fund, his nominee or as the case may be, legal heirs shall be paid such sum not exceeding rupees one lakh as may be prescribed;

(7)     All matters relating to the fund including its membership, administration and conditions subject to which payment from the fund shall be made, shall be as may be prescribed."

Section 12 - Omission of the Schedule

The Schedule appended to the principal Act, shall be omitted.