THE MADHYA
PRADESH ADVOCATES WELFARE SCHEME, 1995[1] In exercise of the powers
conferred by sub-section (2) of Section 15 of the Madhya Pradesh Adhivakta
Kalyan Nidhi Adhiniyam, 1982 (No. 9 of 1982), the State Government hereby
publishes the Madhya Pradesh Advocates Welfare Scheme, 1995 prepared by the
Madhya Pradesh Advocates Welfare Fund Committee in pursuance of clause (i) of
sub-section (1) of the said section, namely :-- (1) This Scheme
may be called The Madhya Pradesh Advocates' Welfare Scheme, 1995. (2) It shall
come into force on the 12th August, 1995. Subject to the provisions of
this Scheme any Advocate enrolled with the State Bar Council of Madhya Pradesh
shall be entitled to become a Member of the Scheme after submitting an
application in Form "A". Every applicant shall pay an
admission fee of five hundred rupees in lump sum with the application. Every member shall pay an
annual subscription on or before 30th June of every year at the following rates
:-- (i) Where the standing
of the advocate at Bar is less than 5 years at the time of joining the scheme
and his age is below 30 years. Rs. 200 per year (ii) Where the standing
of the advocate at the Bar is more than 5 years and less than 10 years at the
time of joining the scheme and his age is below 35 years. Rs. 500 per year (iii) Where the
standing of the Advocate at Bar becomes 10 years or more at the time of
joining the scheme or his age is above 35 years: Rs. 750 per year Provided that after joining
the scheme, if a member completes 5 years of practice he shall pay Rs. 500 per
year and if he completes 10 years of practice he shall pay Rs. 750 per year ; Provided further that a member
of the scheme may deposit a lump sum of Rs. 6000 (Rupees six thousand) and in
that event he shall not be required to pay any annual subscription. In case of any default in
depositing subscription interest at the rate of fifteen per cent per annum,
shall be charged on every year's default. If advocate is refused
admission to the membership of the scheme by the Bar Council, he may file an
appeal to the Madhya Pradesh Advocates Welfare Fund Committee, Bhopal within 3
months from the date of refusal. The Trustee Committee may, after giving due
opportunity of hearing to the concerned and the Association, direct that such
Advocate may be admitted to the Member of the Scheme. The order so passed shall
be final. If a member is expelled from
the membership of the concerned recognised Bar Association of Madhya Pradesh or
otherwise ceases to the Member of such an Association then his name shall be
liable to be deleted from the membership of this scheme and the annual
subscriptions paid by him together with nine per cent simple interest per annum
shall be paid to him : Provided that no order of
deletion of name from the membership of the scheme shall be made except on the
recommendations of the concerned Association and without hearing the concerned
member and such order shall be passed by the Council in its General Meeting
after such enquiry, as may be necessary. (1) Name of
person shall stand removed from scheme automatically if he is in arrears of
annual subscription for a period of three consecutive years. (2) An Advocate
who is so removed from the membership of the scheme, can only be re-admitted on
payment of arrears of subscription due against him along with interest at the
rate of fifteen per cent per annum and such other penalty not exceeding Rs. 500
as may be imposed by Trustee Committee provided his name is restored or
continues on the State roll maintained by the State Bar Council. If a member of the Scheme who
completes a period of 5 years after he becomes the member of the scheme, shall
subject to other provisions of the scheme be entitled to seek voluntary
retirement from the membership and to receive an amount of annual subscription
deposited by him along with the simple interest at the rate of nine per cent
per annum from the date of deposit made by him. Any member suffering from
total permanent disablement shall be allowed to retire from the scheme, but the
member will have to seek retirement as an advocate and will not be entitled to
be enrolled thereafter and become member of the scheme. He shall be entitled to
the benefits as per the Schedule and Trustee Committee in special circumstances
for reasons to be recorded, may allow claim of Rs. 50,000 (Fifty thousand). Notwithstanding anything
contained in this scheme to the contrary if any advocate after his admission to
the scheme joins any employment, he shall be entitled to refund of all his
annual subscription with nine per cent per annum simple interest from the date
of payment of his annual subscriptions. In the event of death of a
member of the scheme to the contrary if any advocate after his admission to the
scheme joins any employment, he shall be entitled to refund of all his annual
subscriptions with nine per cent. [1] Notification No. F 17-E-88-95-XXI-B-(II), dated 8th August, 1995, published
in the M.P. Rajpatra, Extraordinary, dated 8th August, 1995, p. 762(3).THE MADHYA PRADESH ADVOCATES WELFARE SCHEME, 1995
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