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The Tamil Nadu Advocates Welfare Fund (Amendment) Act, 2024

The Tamil Nadu Advocates Welfare Fund (Amendment) Act, 2024

The Tamil Nadu Advocates Welfare Fund (Amendment) Act, 2024

[39 OF 2024]

[17th December 2024]

PREAMBLE

An Act further to amend the Tamil Nadu Advocates Welfare Fund Act, 1987.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fifth Year of the Republic of India as follows:

Section 1. Short title and commencement.

(1)     This Act may be called the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 2024.

(2)     (a) Clause (a) of section 4 shall be deemed to have come into force on the 30th day of January 2018.

(b) Clause (b) of section 4 shall be deemed to have come into force on the 27th day of August 2022.

(c) Clause (c) of section 4 and the remaining sections shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 2.

In section 2 of the Tamil Nadu Advocates Welfare Fund Act, 1987 (hereinafter referred to as the principal Act), in clause (k), the expression "and includes e-stamp" shall be added at the end.

Section 3. Amendment of section 15.

In section 15 of the principal Act,-

(a)      in sub-section (1 ), the following proviso shall be added, namely:-

"Provided that on and from the date of commencement of the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 2024, an advocate who is in receipt of pension, gratuity or other terminal benefits from any State Government or Central Government or other authority or employer shall not be eligible to apply for admission as a member of the Fund.";

(b)      in sub- section (3), the following proviso shall be added, namely:-

"Provided that a person enrolled as an advocate and opted to be admitted to the Fund belatedly after enrolment shall pay an additional fee of rupees one thousand per year from the date of his enrolment till the date of his admission to the fund.";

(c)      in sub-section (4),

(i)       in item (a), for the expression "Five hundred rupeesI the expression "One thousand rupees" shall be substituted;

(ii)      in item (b), for the expression "One thousand Rupees", the expeession "Two thousand rupees" shall be substituted;

(iii)     in item (c), for the expression "Twenty-five thousand rupees", the expression "One lakh rupees" shall be substituted;

(iv)    in item (d), for the expression "Ten thousand rupees", the expression "Twenty thousand rupees" shall be substituted;

(v)      the following provisos shall be added, namely:-

"Provided that an advocate who has been admitted as a member of the Fund before the completion of thirty five years of age shall be eligible to pay life time subscription or annual subscription to the Fund:

Provided further that an advocate who has been admitted as a member of the Fund after the completion of thirty five years of age shall be eligible to pay only annual subscription and he shall not be eligible to pay life time subscription to the Fund.";

(d)      in sub-section (6), for the expression "fifty rupees", the expression "ten thousand rupees" shall be substituted;

(e)      in sub-section (9), for the expression "fifty rupees", the expression "five hundred rupees" shall be substituted.

Section 4. Amendment of section 16.

In section 16 of the principal Act,-

(a)      in sub-section (5), for the expression "five lakh and twenty-five thousand rupees" occurring in two places, the expression "seven lakh rupees" shall be substituted;

(b)      in sub-section (5) as so amended, for the expression "seven lakh rupees" occurring in two places, the expression "ten lakh rupees" shall be substituted;

(c)      for sub-section (5) as so amended, the following sub-section shall be substituted, namely:-

"(5) Where a member of the Fund dies, his nominee or legal heir, as the case may be, shall be paid an amount of-

(a)      rupees ten lakh, if the member was enrolled as an advocate before the completion of thirty five years of age;

(b)      rupees five lakh, if the member was enrolled as an advocate after the completion of thirty five years or age but before the completion of fifty years of age;

(c)      rupees two lakh and fifty thousand, if the member was enrolled as an advocate after the completion of fifty years of age, but-before completion of sixty years of age;

(d)      rupees one lakh, if the member was enrolled as an advocate after the completion of sixty years of age:

Provided that if such member who, before his death, was in receipt of pension, gratuity or other terminal benefits from any State Government or the Central Government or other authority or employer, his nominee or legal heir, as the case may be, shall not be entitled for the payment of the amount under this sub-section.".

Section 5. Amendment of section 21.

In section 21 of the principal Act, in Sub-section (2), in clause (b), for the expression "twenty-five rupees", the expression "five hundred rupees" shall be substituted.

Section 6. Amendment of section 22.

In section 22 of the principal Act, in sub-section (1),-

(a)      for the expression "ten rupees", the expression "one hundred and twenty rupees" shall be substituted;

(b)      the following proviso shall be added, namely:-

"Provided that the Bar Council may also issue e-stamp through e-stamps online portal of the Bar Council.".

Section 7. Amendment of section 23.

In section 23 of the principal Act, in sub-section (1), for the expression "thirty rupees", the expression "one hundred and twenty rupees" shall be substituted.