Section 3 in The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008
3. Definitions.
- In this, scheme unless the context otherwise requires :-(i)"Act" means the Bihar State Advocates' Welfare Fund Act, 1983 (Act No. 16 of 1983).(ii)"Advocate" means a person who has been entered on the State Electoral Roll of the Advocates prepared and maintained by the State Bar Council of Bihar under Rule 17 of the Advocates Act, 1961 read with relevant provisions of the Bar Council of India Rules, 1975 and amended from time to time.(iii)"Advocates' Association" means an Association of Advocates/Bar/ Lawyers recognised/ affiliated by the Bar Council and has adopted the Uniform Model Rules.(iv)"Bank" means any scheduled/nationalised/corporate Bank of India.(v)"Bar Council" means State Bar Council of Bihar constituted under the Advocates Act, 1961.(vi)"BBCJ" means Bihar Bar Council Journal printed and published by the Bar Council.(vii)"Cessation of Practice" means removal of the name of an advocate from the State Roll maintained by the Bar Council on account of his final retirement or death.(viii)"Council Fund" means Bihar State Bar Council Advocates Welfare Fund constituted by the Bar Council.(ix)"Court" includes any Tribunal or Authority before whom an advocate is by or under any law for the time being inforce entitled to practice.(x)"Dependents" means wife, husband, father, mother and also unmarried minor child of a member of the Council Fund.(xi)"Member of the Council Fund" means an Advocate who is member of the Trustee Fund constituted u/s- 3 of the Act is admitted to the benefits of Council Fund and he has never been punished either by the Bar Council or by the competent Court of law in professional or other misconduct or case.(xii)"Member of the Trustee Fund" means an advocate who is a regular member of the Trustee Fund under the provisions of the Act.(xiii)"Pension" means the pension of Advocate- member of the Council Fund on his death or retirement after completion of 30 years of practice or permanent disablement from the Trustee Fund, will be entitled to get monthly rated pension amount decided or fixed by the Bar Council from time to time. Pension includes 50% of pension as family pension payable to his wife or her husband of deceased/retired Advocate-member of the Council Fund.(xiv)"Pension Committee" means a Bihar State Bar Council Advocates' (Welfare) Pension Committee constituted by the Bar Council under this scheme.(xv)"Permanent Disablement" means an advocate member is found unfit for legal practice on account of 80% or more physical and/or mental disability based on medical certificate granted by the Govt.'s Civil Surgeon/Chief Medical Officer of the District.(xvi)"Prescribed" means prescribed by the Bar Council for regulating and monitoring of this scheme.(xvii)"Retired member of the Trustee Fund" means the advocate who after completion of 30 years of practice on attaining the age of 70 years and/ or on account of his/her permanent physical or mental disability rendering him unfit for legal practice, retired from the Advocates Welfare Fund u/s- 2(c) and 17 of the Act.(xviii)"Staff of the Council Fund" means such staff posted/appointed on such terms and conditions in Council Fund as decided by the Bar Council.(xix)"State" means the State of Bihar.(xx)"Trustee Committee" means the Committee established under Section 5 of the Act.(xxi)"Trustee Fund" means the Advocates' Welfare Fund constituted under Section 3 of the Act.(xxii)"Uniform Model Rules" means the Uniform Model Rules for affiliated Bar/Advocates/Lawyers Association of Bihar, 2003 passed by the Bar Council of Bihar and approved by the Bar Council of India.(xxiii)"Vigilance Committee" means and includes the Vigilance Committee constituted by the Trustee Committee of Trustee Fund under the Act in each Advocates' Association.
