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State of Rajasthan - Section

Section 16 in The Rajasthan Advocates Welfare Fund Act, 1987

16. Membership in the Fund.

(1)Every advocate practising before any Court, Tribunal or other authority legally authorised by any law to take evidence or to adjudicate or decide any dispute in the State shall apply to the Trustee Committee for admission as a member of the fund in such form as may be prescribed:[***] [Deleted 'Proviso' by Rajasthan Act No. 26 of 2012, dated 17.10.2012.]
(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 against rejection of his application.
(3)[ Every applicant shall pay an admission fee of Rs. 400/- in lump-sum alongwith application for membership which shall be credited to the account of Trustee Committee.] [Substituted by Rajasthan Act No. 20 of 1995 enforced w.e.f. 24.5.1995-Notification No. F. 2(21) Vidhi-2/95, dated 24.5.1995-Rajasthan Gazette Extraordinary, Part IV-A, dated 24.5.1995, page 77(8) = 1995 RSCS/Part II/P. 375/H. 256.]
(4)In the event of rejection of the application, the admission fee paid shall be refunded to the applicant.
(5)[ Every member shall pay [in advance] [Substituted by Rajasthan Act No. 20 of 1995 enforced w.e.f. 24.5.1995-Notification No. F. 2(21) Vidhi-2/95, dated 24.5.1995-Rajasthan Gazette Extraordinary, Part IV-A, dated 24.5.1995, page 77(8) = 1995 RSCS/Part II/P. 375/H. 256.] an annual subscription to the Fund on or before 30th day of June], every year at the following rates, namely:-
(i) Where the standing of the Advocate at the Bar is less thanfive years [Rs. 300/-] [Substituted 'Rs. 200' by Rajasthan Act No. 26 of 2012, dated 17.10.2012.]
(ii) Where the standing of the Advocate at the Bar becomesfive years or is less than ten years [Rs. 750/-] [Substituted 'Rs. 500/-' by Rajasthan Act No. 26 of 2012, dated 17.10.2012.]
(iii) Where the standing of the Advocate at the Bar is tenyears or more [Rs. 1,250/-] [Substituted 'Rs. 750/-' by Rajasthan Act No. 26 of 2012, dated 17.10.2012.]
Provided that a member of the Fund may deposit in lump-sum a sum of [Rs. 17,500/-] [Substituted 'Rs. 10,000/-' by Rajasthan Act No. 26 of 2012, dated 17.10.2012.] and in that event he shall not be required to pay annual subscription [:] [Substituted by Rajasthan Act No. 9 of 2003 enforced w.e.f. 5.4.2003-Notification No. F. 2(10) Vidhi-2/2003, dated 5.4.2003-Rajasthan Gazette Extraordinary, Part IV-A, dated 5.4.2003, page 17 and corrected by corrigendum of even number dated 21.4.2003, Published in Rajasthan Gazette Extraordinary., Part IV-A, dated 22.4.2003, page 35 = 2003 RSCS/Part II/P. 171/H. 125.][Provided further that the prospective member shall pay the full subscription of the current year alongwith the admission fee to the fund:] [Added by Rajasthan Act No. 9 of 2003 enforced w.e.f. 5.4.2003-Notification No. F. 2(10) Vidhi-2/2003, dated 5.4.2003-Rajasthan Gazette Extraordinary, Part IV-A, dated 5.4.2003, page 17 and corrected by corrigendum of even number dated 21.4.2003, Published in Rajasthan Gazette Extraordinary., Part IV-A, dated 22.4.2003, page 35 = 2003 RSCS/Part II/P. 171/H. 125.][Provided also that if annual subscription of current year is not paid on or before 30th June, the member of the Fund shall be liable to pay on the amount of arrear an interest at the rate of Rs. 1.50 per hundred per month from the date on which subscription becomes due.] [Added by Rajasthan Act No. 26 of 2012, dated 17.10.2012.]
(6)Any member who fails to remit the annual subscription on or before the due date mentioned in sub-section (5) shall, upon notice in writing of one month being [issued to him under postal certificate] [Substituted by Rajasthan Act No. 9 of 2003 enforced w.e.f. 5.4.2003-Notification No. F. 2(10) Vidhi-2/2003, dated 5.4.2003-Rajasthan Gazette Extraordinary, Part IV-A, dated 5.4.2003, page 17 and corrected by corrigendum of even number dated 21.4.2003, Published in Rajasthan Gazette Extraordinary., Part IV-A, dated 22.4.2003, page 35 = 2003 RSCS/Part II/P. 171/H. 125.] by the Trustee Committee, be liable to be removed by the Trustee Committee from the membership of the Fund.
(7)[ A person removed from the membership of the Fund under sub-section (6) shall be re-admitted by the Trustee Committee to the Fund on payment of the arrears of subscription due against him alongwith interest thereon at the rate of 1.50 rupees per hundred per month from the date the subscription became due and 100/- rupees as readmission fees within one year from the date of the subscription became due and 100/- rupees as from the date of removal:Provided that where a member does not move application for re-admission within stipulated period the amount deposited by way of subscription shall be refunded to him if he has not been granted any ex-gratia under section 25 or he is not entitled for any benefit under section 17.] [Substituted by Rajasthan Act No. 9 of 2003 enforced w.e.f. 5.4.2003-Notification No. F. 2(10) Vidhi-2/2003, dated 5.4.2003-Rajasthan Gazette Extraordinary, Part IV-A, dated 5.4.2003, page 17 and corrected by corrigendum of even number dated 21.4.2003, Published in Rajasthan Gazette Extraordinary, Part IV-A, dated 22.4.2003, page 35 = 2003 RSCS/Part II/P. 171/H. 125.]
(8)A member of the Fund may, at any time after his admission to the membership of the Fund, make a nomination in the prescribed form appointing one or more person to receive the benefits arising from his membership of the Fund in the event of his death.
(9)If a member nominates more than one person under sub-section (8), 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.
(10)A member may at any time cancel his nomination by sending notice in writing to the Trustee Committee and in that event, he shall be entitled to make a fresh nomination during the continuance of his membership in accordance with sub-section (8).
(11)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 such member fails to do so without sufficient reason, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount due to that member.
(12)[ A member who ceases to practice in Rajasthan shall automatically cease to be a member of the Fund and such member shall be entitled to receive the amount of subscription deposited by him, if he has not been granted any ex-gratia under section 25 or, as the case may be, the benefits under section 17 upto the date of such cessation.
(13)A member of the Fund, who is punished for professional misconduct under the Advocates Act and is suspended from practice, shall not be entitled to benefits of the Fund for the period of such suspension nor shall be required to pay yearly subscription for such period.] [Added by Rajasthan Act No. 9 of 2003 enforced w.e.f. 5.4.2003-Notification No. F. 2(10) Vidhi-2/2003, dated 5.4.2003-Rajasthan Gazette Extraordinary, Part IV-A, dated 5.4.2003, page 17 and corrected by corrigendum of even number dated 21.4.2003, Published in Rajasthan Gazette Extraordinary., Part IV-A, dated 22.4.2003, page 35 = 2003 RSCS/Part II/P. 171/H. 125.]