In
exercise of the powers conferred by Section 28 of the Karnataka Advocates'
Welfare Fund Act, 1983 (2 of 1985), and of all other powers thereunto enabling
the Karnataka State Bar Council with the previous approval of the Government,
vide Government Order N o . LAW 31 LGR 85, dated 1st April 1986, hereby makes
the following rules, namely : These
rules may be called the Karnataka Advocates' Welfare Fund Rules, 1986. In
these rules, unless the context otherwise requires. (a) "Act" means the Karnataka Advocates' Welfare
Fund Act, 1983; (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" means carrying on the profession
of Advocate; (e) "Standing" means practice at the Bar. (1) An application under Section 13 of the Act by any
association of Advocates functioning in any Court centre to the Bar Council for
recognition and registration shall be in Form No. I: Provided that no
association of Advocates other than an association registered under the
Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960), shall be
eligible to apply for recognition and registration under Section 13. (2) Every application in Form No. I shall be accompanied
by an authenticated copy of the rules and/or bye-laws of the association,
showing their names, address, age, date of birth, date of enrolment, the roll
number in the State Roll 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 and Secretary of the association. (3) The Certificate of 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 Association at a Court centre, for special reasons to be recorded in
writing. (1) Every application under Section 15 of the Act for
admission as a member of the Fund shall be in Form No. III signed by the
applicant and attested by the President and Secretary of the Bar Association of
which he is a member. (2) An Advocate having membership in more than one Bar
Association shall be eligible to apply to be admitted as a member of the Fund
only from one of such association. (3) An Advocate applying for membership of the Fund shall
pay a sum of Rs. 50 towards the first instalment of the application fee along
with the application and the remaining amount of Rs. 150 shall be paid in three
equal instalments within a period of one year from the date of application: Provided
that an applicant may, if he so chooses, remit the entire application fee along
with the application. (4) Payment of the application fee shall be by means of an
account payee demand draft, drawn in favour of the Trustee Committee. (5) On admission of a member to the Fund, the Trustee
Committee shall issue a Certificate in Form No. IV. (6) The Trustee Committee shall prepare and maintain a
register of members in Form No. V. (7) Any decision of the Trustee Committee rejecting an
application for admission shall be communicated to the applicant by registered
post with acknowledgement due. (8) The Trustee Committee shall remove any member from the
membership of the Fund if he fails to remit the annual subscription before the
30th October of that year and a copy of the order of removal shall be served on
him by registered post with acknowledgement due: Provided
that no such order removing the name of a member from the membership of the
Fund shall be passed without giving an opportunity of his being heard. (1) A person re-admitted to the fund under sub-section (3)
of Section 16 of the Act shall be treated as a new member from the date of his
re-admission for all purposes of the Act. (2) For calculating the period of completed years of
standing of a member referred to in sub-rule (1), for the purpose of payment
under the Act, his standing at the Bar prior to his re-admission shall not be
taken into account. (3) An application for re-admission under Section 15(8)
shall be in Form No. VI. (4) An application for re-admission under Section 16(3)
shall be in Form No. VII. (1) The number of Welfare Fund Stamps to be got printed
and the press in which they shall be got printed shall be determined by the Bar
Council on each occasion having due regard to security against excessive
printing and other possible abuses. (2) Before entrusting the printing work as in sub-rule (1)
to any printing press the Bar Council shall obtain from the person representing
the press such sum of money, as in its opinion adequate in the form of an
account payee demand draft drawn in i t s favour, as earnest money deposit to
ensure safe and timely printing and delivery of the stamps. The earnest money
deposit shall not be refunded and the bill for the work of printing shall not
be paid for, unless the Bar Council is satisfied of the work of printing and
safe and timely delivery of the stamps. (3) The stamps received from the printing press shall be
counted jointly by the Chairman and the Secretary of the Bar Council and a
statement shall be recorded to this effect in Register No. I and such other
Registers as may be necessary. (4) the custody of stamps shall be held jointly by the
Chairman and the Secretary of the Bar Council, in double lock receptacles. The
following records shall be maintained under the joint attestation of the
Chairman and the Secretary of the Bar Council. Register
No. I. Register showing the order placed for printing of stamps and receipt of
stamps under the following heads. (1) Serial number; (2) Name and location of the printing press; (3) Number of stamps for which order is placed; (4) Date and number of the order; (5) Number of stamps received with date; (6) Serial number and page number of the Stock Register
where the stamps are taken into stock; (7) Signature of the Chairman and the Secretary. Register
No. II. Register showing the stock of stamps with the following heads. (1)
Serial number; (2)
Date; (3)
Stamps received; (4)
Stamps issued; (5)
Balance; (6)
Signature of the
Chairman and the Secretary. Register No. III. DayBook. Register
No. IV. Ledger. Register No. V. Cash Book. Register
No. VI. Receipt Book with inner foil; and Register
No. VII. Such other registers and records as may be directed by the Bar Council
from time to time. (5) The Bar Council shall send to the Government a monthly
statement of income and expenditure, a monthly statement of receipts and
payments in respect of the Welfare Fund Stamps so as to reach the Government by
5th of the succeeding month. The Bar Council shall also furnish such other
information and returns as may b e specified by the Government from time to
time. The Government may issue instructions to the Bar Council to ensure proper
working of the scheme and the Bar Council shall be bound to carry out such
instructions of the Government. (6) Within 90 days from the close of every accounting year
of the Bar Council, the Bar Council shall send to the Government annual income
and expenditure statement and balance sheet in respect of the transactions
relating to Welfare Fund Stamps, duly certified by a Chartered Accountant,
along with a copy of the Auditor's Report. (7) It shall be the duty of every Bar Association to
prepare forecast of their requirements of the stamps and inform the Bar Council
in advance. (8) Indents for the supply of the stamps shall be made by
the Presidents of the Bar Associations, to the Chairman of the Bar Council
along with an account payee demand draft of the value of the stamps indented
for less ten per cent of such value towards incidental expenses drawn in favour
of the Bar Council. (1) The Bar Council shall transfer to the Fund[1]
[20%] of the enrolment fee collected during a financial year, before the 30th
June of the succeeding year. (2) The amount set apart from the Legal Benefit Fund under
subsection (2) of Section 76 of the Karnataka Court Fees and Suits Valuation
Act, 1958 shall be paid to the fund before the 1st day of August of every year. (3) The Secretary of the Trustee Committee shall collect all
sums specified in sub-section (2) of Section 3 of the Act and deposit the same
in the Fund account forthwith. The bank account shall be jointly operated by
the Secretary and the Treasurer of the Trustee Committee. (4) Separate account shall be maintained for the receipts
under each of clauses (a) to (k) of sub-section (2) of Section 3 of the Act. (5) The proceeds of the sale of Welfare Fund Stamps,
effected under Section 22 of the Act, shall be paid by the Chairman and the
Secretary of the Bar Council to the Secretary of the Trustee- Committee, within
five days from the close of each calendar month. Delayed payments shall carry
interest at twelve per cent per annum. (6) All payments under the Act and these rules by the Bar
Council to the Fund, shall be made in the form of an account payee demand draft
drawn in favour of the Secretary, the Karnataka Advocates' Welfare Fund Trustee
Committee. (1) The Trustee Committee may receive application for
payment out of the Fund from any member or his legal heirs as the case may be,
in Form No. VIII. (2) All disbursement of amounts payable under Section 16
of the Act shall be by account payee cheques signed by the Secretary and the
Treasurer. (3) The Trustee Committee shall send to the Bar Council
and the Government quarterly and annual reports showing the receipts to and
disbursements from the Fund and other particulars and on such other occasions
as may be required by the Bar Council. (4) All decisions of the Trustee Committee rejecting any
claim to the benefit of the Fund shall be communicated to the applicant by
registered post with acknowledgement due. (1) Ten clear days notice shall be given for a meeting of
the Trustee Committee. The Trustee Committee shall meet at least once in every
three months and at least four such meeting shall be held in every year. (2) The quorum for a meeting of the Trustee Committee
shall be three. (3) The meetings of the Trustee Committee shall be
ordinarily held at the office of the Bar Council. (4) The meetings of the Trustee Committee shall be
presided over by the Chairman and in his absence by a member chosen by the
members present at the meeting. (5) Decisions of the Trustee Committee shall be taken by a
simple majority of the members present and voting. The Chairman shall exercise
a casting vote when there is an equal division of votes. (1) An appeal under Section 21 shall be in Form No. IX. (2) The Bar Council shall fix the date and place for the
hearing of the appeal and may, from time to time adjourn the hearing. (3) The Bar Council may. (a) before disposing of an appeal, make such further
enquiry as it thinks fit or cause such further enquiry to be made by the
Trustee Committee or the Secretary; (b) in disposing of an appeal, pass such order as it
thinks fit, including an order of remand to the Trustee Committee for fresh
disposal. (4) A copy of every order passed on appeal, certified as
true by the Secretary, shall be sent to the appellant and the Trustee
Committee. The
Trustee Committee may, 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 all
benefits accrued to such member by virtue of the provisions of the Act and
these rules shall stand forfeited. In
respect of any case falling under sub-section (12) of Section 15 of the Act,
the Trustee Committee may, after conducting such enquiry as it deems fit in its
discretion reduce the amount payable to a member up to a maximum limit of 50%. Every
member of the Fund shall affix one stamp on every vakalath filed by him and no
vakalath shall be filed before, or received by, any Court, Tribunal or other
authority unless it is so stamped: Provided
that the Court, Tribunal or other authority may receive a vakalath not bearing
the stamp filed by an Advocate who is not a member of the Fund, if such
vakalath is accompanied by a declaration by him that he is not a member of the
Fund : Provided
further that if any member of the Fund makes a false declaration in the
vakalath to the effect that he is not a member of the Fund, the Trustee
Committee shall remove the name of such person from the membership of the Fund
after affording him an opportunity of being heard in person. On such removal
all benefits accrued to such member by virtue of the provisions of the Act and
these rules, shall stand forfeited. (1) A member and his dependents may be allowed grant from
the Fund. (i) in case of hospitalisation lasting for one month or
more or involving a major surgical operation; or (ii) on his suffering from tuberculosis, leprosy,
paralysis, cancer, unsoundness of mind or from such other serious diseases or
disabilities. (2) The grant shall be allowed only after the Trustee
Committee is satisfied about the genuineness or the claim. (3) The grant so allowed shall not exceed a sum of Rs.
2,500 for any of the purposes specified in clause (i) or (ii) of sub-rule (1)
during a period of five years. (4) An application for medical aid shall be in Form No. X.KARNATAKA ADVOCATES WELFARE FUND RULES, 1986