CHAPTER-I Preliminary (i) These rules may be called the
'Orissa Advocate's Welfare Fund Rules, 1986. (ii) It extends to the whole of the
State of Orissa. (iii) These rules and the Schemes under
the Rules shall come into force on such date as the State Bar Council by
resolutions appoint in this behalf. In this rules, unless the context otherwise
requires ? (a)
"Advocate" means an Advocate on the roll maintained by
the Orissa State Bar Council and practising as an Advocate; (b)
"Act" means the Advocates Act, 1961; (c)
"Advocates Welfare Fund" or "Fund" means
the Fund constituted and maintained under the Act, and these rules; (d)
"Bar Council" means the Orissa State Bar Council,
constituted under Advocates Act, 196.1; (e)
"Bar Association" means an Association of Advocate,
attached to any Court or Tribunal or other authority discharging functions of
Judicial or quasi-judicial nature in the State of Orissa and affiliated to the
Bar Council in accordance with the Scheme prescribed by it in this behalf; (f)
"Disabled Advocates" means an Advocate who on account of
any illness or any physical or mental infirmity unable to practice temporarily
or permanently and who is in the opinion of the Welfare Committee is in need of
financial assistance; (g)
"Indigent Advocate" means an Advocate who is unable to
maintain himself and his family from his profession and other income and who is
so certified by the Bar Association of his/place of practices. In the opinion
of Welfare Committee is in the need of financial assistance. (h)
"Family" means the Advocate's wife or in the case of
female, her husband or her minor children or aged parents, actually dependent
on the Advocate for maintenance; (i)
"Dependants" means wife, husband, father, mother and
unmarried minor children or such of them as exist; (j)
"Serious Ailment" means, ailment of serious nature
affecting brain, heart, lungs, abdomen, or compound fracture or any part of the
body which requires treatment for more than one month; (k)
"Prescribed" means prescribed by the Orissa State Bar
Council by passing a resolution or in the Schemes prepared in this behalf; (l)
"Welfare Committee" means the Committee of the Council
constituted in accordance with these rules by the Orissa State Bar Council from
among its members; (m)
"Welfare Fund" means the fund or funds constituted under
these rules; (n)
"Welfare Scheme" means a Welfare Scheme formulated by the
Orissa State Bar Council from time to time under Clause (a) of Sub-section (2)
of Section 6 of the Advocates Act and these rules; (o)
"Hard cash" means the dependant of the deceased advocate
having no financial means and under in the circumstances immediate help is felt
necessary by the Welfare Committee; (p)
"Secretary" means the Secretary of Orissa State Bar
Council; (q)
"Financial Year" means the year from 1st April to 31st March
of the next year. CHAPTER -II Constitution and Financing of the Fund (1) The Bar Council shall constitute
and maintain a Fund to be called "Advocate Welfare Fund". (2) The Fund shall consist of ? (a)
Any advance or contribution given by the State Government; (b)
Receipt from the candidates at the time of enrolment towards Group
Insurance Scheme and from the practising Advocates to the Group Insurance
Scheme; (c)
Any grants donations, gifts or beneficiary received from any quarter,
interest, earned and credited to the fund from time to time; (d)
All grants received from Bar Council of India or Bar Council of India
Trust; (e)
Money realised from any other service; (f)
Such other sums as the Bar Council may decide from time to time. (a)
The Fund shall vest in the Bar Council. (b)
The accounts of the "Orissa State Bar Council Welfare Fund"
shall be opened in a Nationalised Bank and shall be operated jointly by the
Chairman and Secretary of Orissa State Bar Council. The Bar Council may sub-divide Welfare Fund
in accordance with Welfare Scheme for the smooth implementation of such
Schemes. The aggregate of the Welfare Fund and such sub-divided funds under
different schemes shall be the Welfare Fund and each of the Subdivided fund
shall be administered in accordance with these rules and the scheme to which
the said fund relates. CHAPTER - III Constitution and Function of Welfare Committee (a)
These shall be a Welfare Committee of the
Orissa State Bar Council consisting of Chairman of the Council and five members
duly nominated by the Council. The Secretary of the Orissa State Bar Council
shall be the Secretary of the Committee. The Membership of the Committee shall
terminate on the expiry of the term of membership in the Council. Any casual
vacancy in the Welfare Committee shall be filled up by the Council. (b)
The Chairman of the Council shall be the Chairman of the Committee. (a) Three members present shall form
the quorum. (b) The Chairman of the Committee and in his absence
another member elected from the Members of the Committee present shall preside
over the meeting, who shall have casting vote in case votes became equal in any
issue of the question. (a) It shall administer the Welfare
Fund and different sub-funds created for specific schemes. (b) It shall formulate and implement all welfare
schemes subject to all directions of the Council and confirm it with these
directions. (c) It shall dispose of applications under Welfare
Schemes. (d) It shall receive all donations, contributions to
the Welfare Fund or allocate it to any sub-funds may be necessary. (e) It shall act as an Executive Body of the Council in
relation to the Welfare Activities of the Council; (f) It shall submit to the Council the reports from
time to time on the functioning of the Welfare Schemes and its financial
implementations. (g) It shall determine the method of investment of
funds subject to the approval of the Council. (h) It shall transact such other functions or functions
as the Council by resolutions would assign to it from time to time. It shall open an account as "Orissa
State Bar Council Advocates Welfare Fund" in the State Bank of India or
any Nationalised Bank. The Welfare Fund Accounts shall be operated under the
joint signature of its Chairman and Secretary. CHAPTER - IV The Welfare Scheme may consist of any or all
of the following. ? (a)
Assistance to affiliated Bar Association for Library furniture; (b)
Assistance to indigent and disabled Advocates; (c)
Insurance benefits to Member Advocates; (d)
Implementation of co-operative Housing, Library Schemes amongst
Advocates; (e)
Assistance for medical treatment; (f)
Assistance to the dependant of the deceased Advocates, (g)
Such other schemes as the Bar Council may direct by its resolutions. (i) All Schemes framed for any Welfare
measure shall be placed by the Committee before the Council with a report, on
feasibility of operation of the Scheme with financial implication, the Council
may adopt, modify, after, amend, disallow or direct modification of the scheme
and the decision of the Council shall be final and shall implemented by the
Committee on such date and in such manner as may be directed by the Council in
this behalf. (ii) An indigent Advocate practising in any Court or
Tribunal in Orissa shall be entitled to apply for appropriate financial
assistance in case of serious ailment, compelling him to remain confined to bed
for more than one month, in the form prescribed for the purpose or in a form
similar thereto addressed to the Chairman, Orissa State Bar Council. The
application must be recommended by the Advocate concerned is a member on
receipt of such application the Secretary of the State Bar Council shall place
the same before the Welfare Committee from time to time. The Welfare Committee
shall make such enquiry as may be necessary. (iii) The Welfare Committee when decides to grant
financial assistance in an appropriate case shall sanction such as may be
necessary to complete any treatment, connected with the ailment of the Advocate
concerned not exceeding a sum of Rs. 5,000/-. (iv) Financial grant to the Advocate concerned shall
ordinarily be paid without delay, if the Advocate is unable to come for
receiving the money so sanctioned the Secretary of the Orissa State Bar Council
may send the amount through the cheque by post. (v) If the Welfare Committee finds that any statement
given or evidence adduced by the applicant was false in material particulars
the Committee shall refer the matter in the Bar Council with its report and the
Council may call upon the applicant to refund the entire amount of any
disciplinary proceeding be instituted against him. (vi) The applicant advocate aggrieved on any order
passed by the Welfare Fund Committee may file an appeal before the State Bar
Council within 30 days for consideration. (vii) The Welfare Fund Committee shall also consider the
applications twice a year and sanction the appropriate grant not exceeding Rs.
5,000/- to the Bar Associations affiliated under it for development of library.
However, the Welfare Committee may in its discretion ask the Bar Association
receiving the grant to provide a matching contribution not exceeding an equal
amount. (viii) The Bar Association which receives the amount once
will not ordinarily be eligible again till after the lapse of four year. (ix) The grant will be given not in cash but way of
books desired to be purchased by the Association. (x) The books that will be supplied under the Scheme
shall bear stamp containing the following inscription. "Orissa State
Bar Council Welfare Fund" (xi) The Bar Association receiving the grant will
maintain list of books supplied to it. Over All Powers Of The Bar Council (xii) The functioning of the Welfare Committee shall be
subject to the over all control of the Bar Council and the Bar Council may for
the purpose give such directions from time to time which shall be executed by
the Welfare Committee. (xiii) Without prejudice to the generality of the
aforesaid provision, the Bar Council may call for the records of the Welfare
Committee at any time and may by resolution, cancel, alter, amend, modify or
rectify any of the decisions of the Bar Council shall be implemented by the
Welfare Committee. (xiv) The Bar Council may at any time by resolution
withdraw, abolish or abandon the operation of any scheme and on such
withdrawal, abolition or abandonment, all the moneys, and liabilities in
respect of the schemes shall stand transferred to any rest in the Council. (xv) Miscellaneous Removal of doubts For sanction of grant to the Bar Association, Lawyers
Associations, Lawyers Forum and any other individual or Association etc. on
special occasion the same will be considered by the Council, hence covered
under Rule IV of the aforesaid rule. (xvi) For removal of doubt it is made clear that for any
matter which specific provision has not been made in the rules of the scheme,
the decision of the Council shall be final. (xvii) In absence of any rules on any particular matter in
any State Bar Council rules, this rules provided in Bar Council of India rules
be followed.Orissa Advocate's Welfare Fund
Rules, 1986