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State of Jammu-Kashmir - Section

Section 16 in The Jammu and Kashmir Advocates Welfare Fund Act, 1997

16. Membership in the Fund.

(1)Every Advocate practising in any court in the State and being a member of a Bar Association recognised by the Bar Council may apply to the Trustee Committee for admission as a member of the Fund in such form as may be prescribed.
(2)On receipt of an application under sub-section (1) the Trustee Committee shall make such enquiry as a 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 application has been given an opportunity of being heard.
(3)Every applicant shall pay an admission fee of three hundred rupees in the course of one year in four equal instalments, in such manner as may be prescribed, the first instalment being payable along with the application, the account of the Trustee Committee.
(4)In the event of rejection of the application the admission fee paid shall be refunded to the applicant.
(5)Every member shall pay an annual subscription to the Fund on or before the 30th June of every year at the following rates, namely :-
When the standing of the Advocate at the Bar is less than fiveyears. ... One hundred rupees
Where the standing of the Advocate at the Bar is five years ormore, but less than fifteen years ... Two hundred and fifty rupees
Where the standing of the Advocate at the Bar is fifteen yearsor more, ... Five hundred rupees
(6)A member shall be entitled to pay the subscription under sub-section (5) in two equal half-yearly instillments at his discretion.
(7)Any member who fails to remit the annual subscription for any year before the 30th June of that year shall, after giving fifteen days notice, be removed from the membership of the Fund.
(8)A person removed from the membership of the fund under sub-section (7) shall be re-admitted to the fund on payment of the arrears with interest at twelve per cent, per annum within six months from the date of such removal.
(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 number nominates more than one person under sub-section (9), he shall specify in the nomination the amount of 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 practise or retiree 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 shall reduce the amount due to that member as on the date of actual retirement or suspension of practise.