Section 11 in Orissa Advocate's Welfare Fund Rules, 1986
11. Framing of the Schemes.
- (i) All Schemes framed for any Welfare measure shall be placed by the Committee before the Council with a report, on feasibility of operation of the Scheme with financial implication, the Council may adopt, modify, after, amend, disallow or direct modification of the scheme and the decision of the Council shall be final and shall implemented by the Committee on such date and in such manner as may be directed by the Council in this behalf.(ii)An indigent Advocate practising in any Court or Tribunal in Orissa shall be entitled to apply for appropriate financial assistance in case of serious ailment, compelling him to remain confined to bed for more than one month, in the form prescribed for the purpose or in a form similar thereto addressed to the Chairman, Orissa State Bar Council. The application must be recommended by the Advocate concerned is a member on receipt of such application the Secretary of the State Bar Council shall place the same before the Welfare Committee from time to time. The Welfare Committee shall make such enquiry as may be necessary.(iii)The Welfare Committee when decides to grant financial assistance in an appropriate case shall sanction such as may be necessary to complete any treatment, connected with the ailment of the Advocate concerned not exceeding a sum of Rs. 5,000/-.(iv)Financial grant to the Advocate concerned shall ordinarily be paid without delay, if the Advocate is unable to come for receiving the money so sanctioned the Secretary of the Orissa State Bar Council may send the amount through the cheque by post.(v)If the Welfare Committee finds that any statement given or evidence adduced by the applicant was false in material particulars the Committee shall refer the matter in the Bar Council with its report and the Council may call upon the applicant to refund the entire amount of any disciplinary proceeding be instituted against him.(vi)The applicant advocate aggrieved on any order passed by the Welfare Fund Committee may file an appeal before the State Bar Council within 30 days for consideration.(vii)The Welfare Fund Committee shall also consider the applications twice a year and sanction the appropriate grant not exceeding Rs. 5,000/- to the Bar Associations affiliated under it for development of library. However, the Welfare Committee may in its discretion ask the Bar Association receiving the grant to provide a matching contribution not exceeding an equal amount.(viii)The Bar Association which receives the amount once will not ordinarily be eligible again till after the lapse of four year.(ix)The grant will be given not in cash but way of books desired to be purchased by the Association.(x)The books that will be supplied under the Scheme shall bear stamp containing the following inscription."Orissa State Bar Council Welfare Fund"(xi)The Bar Association receiving the grant will maintain list of books supplied to it.Over All Powers Of The Bar Council(i)The functioning of the Welfare Committee shall be subject to the over all control of the Bar Council and the Bar Council may for the purpose give such directions from time to time which shall be executed by the Welfare Committee.(ii)Without prejudice to the generality of the aforesaid provision, the Bar Council may call for the records of the Welfare Committee at any time and may by resolution, cancel, alter, amend, modify or rectify any of the decisions of the Bar Council shall be implemented by the Welfare Committee.(iii)The Bar Council may at any time by resolution withdraw, abolish or abandon the operation of any scheme and on such withdrawal, abolition or abandonment, all the moneys, and liabilities in respect of the schemes shall stand transferred to any rest in the Council.(iv)MiscellaneousRemoval of doubtsFor sanction of grant to the Bar Association, Lawyers Associations, Lawyers Forum and any other individual or Association etc. on special occasion the same will be considered by the Council, hence covered under Rule IV of the aforesaid rule.(i)For removal of doubt it is made clear that for any matter which specific provision has not been made in the rules of the scheme, the decision of the Council shall be final.(ii)In absence of any rules on any particular matter in any State Bar Council rules, this rules provided in Bar Council of India rules be followed.
