Bare ActsKerala Advocates Welfare Fund Act, 1980

Section 15

Membership in the Fund

Amendment status not verified — confirm the current text below against the official source.

19A[(1) Any practising Advocate in any Court in the State may apply to the Trustee Committee for admission as a member of the Fund in such form, as may be prescribed.] 19A[(1A) No person enrolled as an Advocate after retirement from an employment shall be admitted as a member of the Fund if such person is eligible for or availed himself of any kind of retirement benefit from such employment: Provided that this sub-section shall not be applicable to a person who was in employment for a period not exceeding five years or if the pension does not exceed five thousand rupees per month.] [(1B) A person who received retirement benefit from the Fund shall not be re-admitted as member of the Fund.] 21A[(1C) A member of the Fund who is removed from the list of practising Advocates published and maintained by the Bar Council shall not be entitled to continue as a member of the Fund and during such period, such Advocate whose name is included in the list of non-practising Advocates maintained by the Bar Council shall be deemed to have been suspended from the Fund. (1D) An Advocate who is included in the list of non-practising Advocates published and maintained by the Bar Council shall be entitled to continue as member of the Fund on inclusion of his name in the list of practising Advocates maintained by the Bar Council and shall be entitled to continue his membership in the Fund. (1E) An Advocate who has not joined the Fund may apply to the Trustee Committee for admission as a member of the Fund in such form, as may be prescribed, on payment of the annual subscription payable corresponding to the period of practice at the time of such admission multiplied by his actual years of practice together with a fine of rupees 2,000 for every completed year of actual practice: Provided that such member shall not be eligible to claim any amount from the Fund on voluntary cessation of practice within a period of ten years from the date of such admission to the Fund: Provided further that an Advocate who has been admitted to the Fund under sub-section (1E) shall be eligible to claim only up to ten years of his previous actual practice.] (2) On receipt of an application under sub-section (1), the Trustee Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or for reasons to be recorded in writing reject the application: Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. [(3) An Advocate applying for membership to the Fund shall pay a sum of [rupees [five hundred]] towards admission fee along with the application in such manner as may be prescribed, to the account of the Trustee Committee.] [(4) In the event of rejection of an application, the admission fee paid along with the application shall be refunded to the applicant.] 19A[(5) Every member of the Fund shall pay an annual subscription to the Fund on or before the 30th June of every year at the following rates, namely:-- (i) Where the standing of the Advocate at the Bar is less than five years three hundred rupees (ii) Where the standing of the Advocate at the Bar is five years and more but less than ten years seven hundred and fifty rupees (iii) Where the standing of the Advocate at the Bar is ten years and more but less than fifteen years one thousand and five hundred rupees (iv) Where the standing of the Advocate at the Bar is fifteen years and more but less than twenty years two thousand rupees (v) Where the standing of the Advocate at the Bar is twenty years and more but less than twenty five years two thousand and five hundred rupees (v) Where the standing of the Advocate at the Bar is twenty years and more but less than twenty five years two thousand and five hundred rupees (vi) Where the standing of the Advocate at the Bar is twenty five years or above three thousand rupees: Provided that an Advocate designated as Senior Advocate under the Advocates Act, 1961 (Central Act 25 of 1961) shall pay an annual subscription to the Fund at the rate of six thousand rupees.] [(6) The payment referred to in sub-section (5) shall be made through the Bar Association in which the contributor is a member or directly to the fund along with a letter of recommendation from the respective Bar Association. (6A) All members of the Fund shall furnish before the Trustee Committee every year, along with the payment of subscription, a declaration in such form as may be prescribed to the effect that he is in actual practice and not in any other employment and not engaged in any other profession or calling.] [(7)A member who fails to remit the annual subscription for a year on or before the 30th June of that year may, within a period of six months from the said date, remit the amount in arrears together with fine [at the rate of twelve per cent per annum]. (8) Where a member fails to remit the annual subscription together with fine within the period specified in sub-section (7), the Trustee Committee shall issue a notice to such member by registered post in the address as entered in the register of members of the Fund directing him to show cause, if any, why he should not be removed from the membership of the Fund for non-payment of the subscription. Where the defaulter, within one month from the date of such notice, furnishes sufficient cause to the satisfaction of the Trustee Committee for the non-payment and also remits the entire arrears of subscription together with fine till the date of payment and notice charge, the Trustee Committee may abstain from taking or proceeding with any action against him in respect of such non-payment, and in other cases, the Trustee Committee shall remove the defaulter from the membership of the Fund. (8A) Notwithstanding anything contained in the foregoing provisions of this section, where, on receipt of a complaint or otherwise, the Trustee Committee is satisfied after such enquiry as they may think fit, that a member has voluntarily suspended practice or ceased to practice without intimation to the Trustee committee, or has become disqualified to practice under any law for the time being in force, they may, after giving such member a reasonable opportunity for showing cause against the proposed action and after considering the cause, if any, shown, remove him from the membership of the Fund.] (9) Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more persons the right to receive the amount which may be due to him from the Fund in the event of his death before the amount has been paid to him. (10) If a member nominates more than one person under sub-section (9) he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may be due to him. (11) A member may at any time cancel a nomination by sending a notice in writing to the Trustee Committee, provided that a member shall along with such notice send a fresh nomination. (12) Every member who voluntarily suspends practice or retires shall, within fifteen days of such suspension or retirement, intimate that fact to the Trustee Committee and if any member fails to do so without sufficient reasons the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount due to that member. 19A[(13) A member of the Fund who voluntarily suspends his membership in the Fund may on resumption of his practice as an Advocate as allowed by the Bar Council resume his membership in the Fund on payment of two thousand rupees as resumption charges and his date of resumption shall be recorded in his Certificate of Membership.] Substituted by Act 21 of 2016. Substituted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011 (w.e.f. 24/01/2011). Substituted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011 (w.e.f. 24/01/2011). Inserted by Act 21 of 2016. Substituted by Act 21 of 1989 (w.e.f. 06/05/1989). Substituted by Act 8 of 1993, for "rupees two hundred." Substituted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011, for "three hundred" (w.e.f. 10/06/2008). Substituted by Act 21 of 1989 (w.e.f. 06/05/1989). Substituted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011 (w. e. f. 10/06/2008). Inserted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011 (w.e.f. 10/06/2008). Substituted by Act 15 of 1995 (w.e.f. 19/08/1995). Substituted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011, w. e. f. 10/06/2008. Inserted by Act 2 of 2011, published in K. G. Ext. No. 170 dt. 24/01/2011 (w.e.f. 24/01/2011).