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State of Bihar - Section

Section 13 in The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008

13. Termination of Membership of Council Fund.

(1)The membership of this Council Fund shall be liable to be terminated in the following cases :-
(i)If his/her practice license has been cancelled on account of punishment for professional or other misconduct by the Bar Council or the Bar Council of India.
(ii)If he/she has been found guilty of any offence and punished by a competent (criminal) Court of law and there is no stay of such punishment by Appellate Court.
(iii)If his/her name has been finally removed from the Advocates' Association on the ground of non-regular in practice or misconduct.
(iv)If the affiliation of the concerned Advocates' Association is cancelled by the Bar Council.
(v)If his/her concerned Advocates' Association who is realising the money from the client/litigant, has failed to remit the prescribed 5% share of the Bar Council to its Council Fund under Rule- 31 of the Uniform Model Rules for more than three consecutive months in one calender year or if Advocates' Association has failed to remit the amount of 5% of gross profit to the Council Fund under Rule- 4(2)(ix) of this Scheme in time.
(vi)If he/she is found making false statement in his/her information in order to gain undue advantage or has misled the Fund or the Bar Council and for that he/she may also be liable to be prosecuted under law.
(vii)If the member of Council Fund fails to make payment of subscription or charges or to comply such conditions as decided by the Bar Council or Pension Committee.
(2)
(i)The Pension Committee will pass such order of termination of membership on any of the foregoing grounds after hearing the concerned member of the Fund.
(ii)Such terminated member can be re-admitted afresh on such terms and conditions as may be prescribed and decided by the Pension Committee or by the Bar Council.