Section 23 in The Orissa Advocates' Welfare Fund Act, 1987
23. Vakalat to bear stamp.
(1)[On and after such date as the State Government may] [Substituted vide Orissa Gazette Extra No. 521/14.5.1991.], by notification, specify, every Advocate shall affix [stamp or stamps of the value of five rupees] [Substituted vide O.G.E.No. 2134, Dated 21.11.2002.] on every Vakalat, memorandum of appearance filed by him and no Vakalat or memorandum shall be filed before or received by any Court, Tribunal or other authority unless it is so stamped.[Validation-Notwithstanding anything to the contrary in the principal Act.-(i)no Vakalat or memorandum of appearance filed by any Advocate or received by any Court, Tribunal or other authority without the Advocates' Welfare Fund Stamp affixed to it before the date of publication of the Orissa Advocates' Welfare Fund (Amendment) Act, 1991, shall be deemed to be invalid merely on the ground that such Vakalat or memorandum of appearance was filed or received, as the case may be, without being so stamped; and(ii)the omission on the part of any Advocate to affix the Advocates' Welfare Fund Stamp on any Vakalat or memorandum of appearance filed by him or the receipt of any such Vakalat of memorandum without such stamp by any Court, Tribunal or other authority, before the date specified in Clause (i) shall not be challenged in any Court, Tribunal or other authority merely on the ground mentioned in that clause.](2)Every stamp affixed on Vakalals filed before any Court, Tribunal or other authority shall be cancelled in the manner provided for Court fee stamps.(3)The value of the stamp shall neither be costs in the suit or case nor be collected in any event from the client.(4)Any contravention of the provisions of Sub-section (3), [by an Advocate] [Substituted vide Orissa Act No. 10 of 1989.] shall disentitle him to the benefits of the Fund and the Committee shall report such instances to the Bar Council for appropriate action.(5)No Court, Tribunal or authority shall accept any Vakalatnama or memorandum of appearance filed [unless it is stamped as aforesaid] [Substituted vide O.G.E.No. 63, Dated 17.1.1998.] except when filed by an Advocate appearing-(a)for an indigent person; or(b)for any person receiving legal aid; or(c)as amicus curiae.
