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Amendment of Act 16 of 1958. SCHEDULE. ***** 1985: KAR. ACT 2] Advocates Welfare Fund 115 STATEMENT OF OBJECTS AND REASONS I Act 2 of 1985.- Although here and there a few men in the legal profession have been flourishing in their profession , the economic condition of a very large section of the members of the legal profession has been far from satisfactory. Representation have been received among others, from the Bar Council of India for constituting a Legal Benefit Fund. The twin objects are providing efficient legal service to the people of the State and social security to the legal profession by providing for payment of a lumpsum amount after the cessation of practice by the members and also for payment of certain amount to their dependents if they were to die while still in practice. It is therefore proposed to constitute an Advocates Welfare Fund and a Legal Benefit Fund for the purpose. The Advocates' Welfare Fund is proposed to be constituted out of among other emolument, fees and voluntary contribution and grants from Government, the receipts from Welfare Fund Stamps which the Bar Council is empowered to issue and which are compulsorily to be affixed to the Vakalathnamas. The Legal Benefit Fund is proposed to be constituted by levy of additional court fee on appeals and revisions before Tribunals other than Civil Courts at the rate not exceeding Rs. 100/- per appeal or revision. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV 2-A, dated 12th day of August 1983, No.718) II Amending Act 21 of 1993.- It is considered necessary to make certain amendments to the Karnataka Advocates Welfare Fund Act, 1983, for the following purposes.- (1) to make membership of the Fund compulsory; (2) instead of annual subscription to the fund an amount of rupees one hundred is to be collected, as one time admission fee; (3) provision regarding payment of twenty percent of enrolment fee to the Welfare Fund is being omitted; (4) on account of voluntary retirement due to old age, an advocate would be entitled to receive, from the fund at the rate of rupees one thousand for every year of practice subject to rupees fifty thousand and not in accordance with the Schedule which is being omitted and for permanent disability, an advocate would receive a lumpsum of rupees fifty thousand, irrespective of number of years of practice; (5) certain categories of advocates are excluded from the scheme of the fund; Advocates Welfare Fund [1985: KAR. ACT 2 116 (6) an Advocate's Family Welfare Fund is proposed to be constituted for payment of rupees one lakh on the death of an advocate who is a member of the Fund to his nominee or legal heir. Hence the Bill. (Obtained from L.A.Bill No.17 of 1993) III Amending Act 6 of 1996.- It is considered necessary to make the following amendments to the karnataka Advocates' Welfare Fund Act, 1983 for effective implementation of the provisions of the Act,- 1) Membership fee is being enhaced from rupees one hundered to one thousand. 2) The benefit of payment of rupees fifty thousand to a member on cessation of practice due to permanent disability is proposed to be extended to the nominee or legal heirs in the event of death of a member. 3) Value of Welfare Fund stamps is being enhanced from rupees two to rupees five and it is made mandatory on the part of every Advocate to affix such stamps on every vakalat filed by him. 4) Every designated Senior Advocate will be required to contribute rupees Two Thousand Five hundred per year to the Welfare Fund. 5) It is also proposed to provide that any contributions made by the Government shall be credited to Family Welfare Fund. Hence the Bill. (Obtained from L.A. Bill No. 6 of 1996) IV Amending Act 18 of 2002.- It is considered necessary to amend the Karnataka Advocates Welfare Fund Act, 1983,- (i) to make the Chairman of the Karnataka State Bar Council as the Chairman of the Trustee Committee in place of the Advocate General and to continue the Advocate General as a member Ex- officio: (ii) to make the Secretary, Department of Law, Government of Karnataka to be a member Ex-officio. (iii) to make the Vice-Chairman of the Bar council to be the Treasurer of the Trustee Committee. (iv) to reduce the time limit from three months to one month in respect of a notice required to be issued by a nominated member of trustee committee who intends to resign his office. (v) to reduce the time limit from the existing five months to three months for disposal of application received by the Trustee Committee for payment of amount out of the fund: (vi) to enable the Chairman of the of the Trustee Committee to act as Treasurer. (vii) to allow membership of the fund to all the Advocates by removing the restriction placed on certain categories of Advocates practice subject to a maximum of rupees one lakh fifty thousand. 1985: KAR. ACT 2] Advocates Welfare Fund 117 (viii)to require every advocate enrolled as such and has become a member after 1997 to make declaration in the fifth year and tenth year of his becoming member. (ix) to allow an advocate to have on cessation of practice due to permanent disability an amount of rupees one lakh fifty thousand and to provide for rupees two thousand for every completed year of practice to an advocate who enrolls after the age of forty years. (x) To provide for printing of welfare fund stamps of the face value of rupees five or ten council and to require every advocate to affix the welfare fund stamp of the value of rupees ten on every vakalath. (xi) to enhance the contribution amount of every designated senior advocate from the existing rupees two thousand five hundred to rupees five thousand per annum and to enhance the late fee from rupees ten to rupees twenty per month or part of a month for failure to pay contribution by the designated senior advocates. Certain consequential amendment are also made. Hence the Bill. (L.C. Bill No. 3 of 2002) V Amending Act 15 of 2005.- The Karnataka Advocates Welfare fund (Amendment) Act, 2002 (Karnataka Act 18 of 2002) has been issued. The said Act has not been brought into force till date. The Karnataka State Bar Council has proposed certain amendments to the Karnataka Advocates Welfare Fund (Amendment) Act, 2002. Accordingly, a draft of the Karnataka Advocates Welfare Fund (Amendment) Bill, 2004 has been prepared and scrutinized by the Department of Parliamentary Affairs and Legislation. The Bill provides for the following, namely:- (i) definition of interim applications by inserting clause (ff) to section 2 of the Act. (ii) by amending sub-section (1) of section 15, the admission fee of rupees of one thousand has been enhanced to rupees two thousand for enrollments after the commencement of the Amendment Act and rupees one thousand for Advocates enrolled after 2nd April, 1997; (iii) by insertion of sub-ssection (1A) to section 15 of the Act a late fee of rupees fifty per month or part of a month may be levied from the commencement of the proposed Act; (iv) by insertion of sub-section (4) of section 15 of the Act, every member has to file a declaration along with rupees five hundred after completion of every five year from the date of his becoming member; (v) by amending sub-section (1) of section 16 of the Act, rupees three thousand and rupees one lakh and fifty thousand has been reduced to rupees two thousand and rupees fifty thousand respectively. Certain consequential amendments have also been proposed. Advocates Welfare Fund [1985: KAR. ACT 2 118 Hence the Bill. (LA Bill No.24 of 2004) VI Amending Act 28 of 2010.- It is considered necessary to amend the Karnataka Advocates Welfare Fund Act, 1983 to enhance the retirement benefits of Advocates from Rs.1.5 lakhs to Rs. 4.00 lakhs and to provide for medical relief to Advocates and certain other amendments. Hence the Bill. [L.A. Bill No. 18 of 2010, File No. DPAL 17 Shasana 2010] [Entries 23 and 26 of List III of the Seventh Schedule to the Constitution of India.] VII Amending Act 12 of 2017.-It is considered necessary to amend the Karnataka Advocates’ Welfare Fund Act, 1983 (Karnataka Act 2 of 1985) to,- (1) enhance Advocate Welfare Fund annual Membership fee,- (i) for completion of 15 years of practice from Rs.1,000 to Rs.2,000; (ii) non completion of 15 years of practice from Rs.500 to Rs.1,000; and (iii) for failure penalty from Rs.50 to Rs.100 (Section 15(4)); (2) enhance the lumpsum fee of Rs.15,000 to Rs.25,000 in lieu of payment of fee every year (Section 15(4)); (3) enhance the amount payable where deemed suspension due to cessation of practice is more than five years from Rs.1.00 to Rs.2.00 lakhs (Section 15(6)); (4) enhance the amount at the rate from Rs.5,000 to Rs.10,000 for every completed year subject to maximum from Rs.1.5 lakh to Rs.3.00 lakh towards payment from the fund on cessation of membership to member or nominee or legal heirs (Section 16(1)); (5) extend the period of minimum practice from two years to three years who has voluntarily suspended practice due to any employment or on appointment to an office of Chairperson, Vice-Chairperson or Member of any Commission, Corporation, Committee, Board, Body or other authority, either statutory or non-statutory constituted by any Central Government or any State Government (Section 16(1)(iii)); (6) enhance the maximum amount payable towards medical relief from Rs.1.00 lakh to Rs.1.5 lakh (Section 16A); (7) enhance the fee amount for appeal against Trustee Committee under section 21(2)(b) from Rs.100 to Rs.500 towards the credit of the Advocate Bar Council; (8) enhance vakalath amount to bear welfare fund stamps from Rs.10 to Rs.50 for High Court and Rs. 30 for other Courts (Section 23); and from Rs.5 to Rs.20 in respect Interlocutory Application. 1985: KAR. ACT 2] Advocates Welfare Fund 119 (9) enhance Senior Advocates’ yearly contribution from Rs.5000 to Rs.10,000 (section 23A). Certain consequential and other amendments are also made. Hence, the Bill. [L.A. Bill No.1 of 2017, File No. Samvyashae 56 Shasana 2016] [entry 23 and 26 of List III of the Seventh Schedule to the Constitution of India.] ** * ** Advocates Welfare Fund [1985: KAR. ACT 2 120 KARNATAKA ACT No. 2 OF 1985 (First published in the Karnataka Gazette Extraordinary on the Tenth day of January, 1985) THE KARNATAKA ADVOCATES' WELFARE FUND ACT, 1983 (Received the assent of the President on the Twenty-eighth day of December 1984) (As Amended by Acts 21 of 1993, 6 of 1996, 18 of 2002, 15 of 2005 28 of 2010 and 12 of 2017) An Act, to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Karnataka and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in the State of Karnataka and for matters connected therewith or incidental thereto; BE it enacted by the Karnataka State Legislature in the Thirty-fourth year of the Republic of India as follows:-