KERALA ADVOCATES' CLERKS WELFARE FUND (AMENDMENT) ACT, 2013

Preamble - KERALA ADVOCATES' CLERKS WELFARE FUND (AMENDMENT) ACT, 2013

THE KERALA ADVOCATES' CLERKS WELFARE FUND (AMENDMENT) ACT, 2013[1]

[Act No. 10 of 2013]

PREAMBLE

An Act further to amend the Kerala Advocates' Clerks Welfare Fund Act, 2003.

Whereas, it is expedient further to amend the Kerala Advocates' Clerks Welfare Fund Act, 2003 (27 of 2003) for the purposes hereinafter appearing;

Be it enacted in the Sixty-fourth year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Kerala Advocates' Clerks Welfare Fund (Amendment) Act, 2013.

 

(2)     Section 2 of this Act shall be deemed to have come into force on the 15th day of January, 2013, Section 3 shall be deemed to have come into force on the 1st day of April, 2004, Section 4 shall be deemed to have come into force on the 26th day of November, 2010, Section 5 shall be deemed to have come into force on the 18th day of November, 2011, Section 6 shall be deemed to have come into force on the 1st day of April, 2012 and the remaining provisions shall be deemed to have come into force on the 13th day of August, 2012.

Section 2 - Amendment of section 14

In the Kerala Advocates' Clerks Welfare Fund Act, 2003 (27 of 2003) (hereinafter referred to as the principal Act), in sub-section (1) of section 14 for the words "value of six rupees" the words "value of twelve rupees" shall be substituted.

Section 3 - Amendment of section 17

In section 17 of the principal Act,--

(i)       for sub-section (5), the following sub-sections shall be substituted, namely:--

 

(ii)      Every member of the Fund shall pay to the Fund an annual subscription of one thousand two hundred rupees and if it is paid in lump sum, shall be paid on or before 30th June of every year and, if not, shall be paid in three equal instalments on or before 30th June, 30th September and 31st December respectively:

Provided that the members who fail to remit the annual subscription in lump sum or in instalments within the specified time limit as aforesaid, shall remit such arrears with interest at twelve per cent on or before 31st December.

(iii)     Every existing member shall remit the arrears of the annual subscription due for the period from the 1st day of April, 2004 to the 26th day of November, 2010, the date on which the Kerala Advocates' Clerks Welfare Fund (Amendment) Ordinance, 2010 (57 of 2010), was published in the gazette in three equal instalments, before 31st December, 2010, 30th June, 2011 and 31st December, 2011, respectively:

Provided that those who fail to remit any instalment on 31st December, 2011 shall remit such arrears with twelve per cent interest in equal instalments not exceeding six before 30th September, 2012.".

(iv)    in sub-section (6) for the words and figures "before 30th June" the words and figures "before 31st December" shall be substituted.

Section 4 - Amendment of section 18

In section 18 of the principal Act, after sub-section (6), the following sub-section shall be inserted, namely:--

"(7) A member whose membership has ceased and received pension and other benefits shall not be eligible for re-admission in the Fund.".

Section 5 - Amendment of section 26

In section 26 of the principal Act, the existing section shall be numbered as sub-section (1) of that section and after sub-section (1) so numbered, the following sub-section shall be inserted, namely:--

"(2) Notwithstanding anything contained in the Kerala Advocates' Clerks Welfare Fund Scheme, 1985, all kinds of assets and liabilities of the said scheme shall be transferred to the Committee constituted under section 4 of this Act.".

Section 6 - Amendment of section 27

In section 27 of the principal Act, for the words "twenty per cent" the words "thirty per cent" shall be substituted.

Section 7 - Repeal and Savings

(1)     The Kerala Advocates' Clerks Welfare Fund (Amendment) Ordinance, 2013 (15 of 2013) is hereby repealed.

 

(2)     Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.