Section 16 in The Tamil Nadu Advocates' Welfare Fund Act, 1987
16. Payment of amount on cessation of practice.
(1)Every advocate who has been a member of the Fund for a period of not less than five years shall, on his cessation of practice, be paid an amount at the rate specified in the Schedule:Provided that where the Trustee Committee is satisfied that a member of the Fund ceases to practice within a period of five years from the date of his admission as a member of the Fund as a result of [any permanent physical or mental disability] [Substituted for 'any permanent disability' by the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1992 (Tamil Nadu Act 56 of 1992).], the Trustee Committee may pay the member of the Fund an amount at the rate specified in the Schedule.[Explanation I. [Explanations I and II were added by the Tamil Nadu Act 20 of 1990.] - For the purpose of calculating the number of years of standing of a member of the Fund for the purpose of this sub-section, every four years of practice as an advocate before the admission of a member to the Fund shall be counted as one year's standing and every year of practice over and above four years before such admission shall be counted equivalent to three months' standing and the total number of years of standing so counted shall be added to the number of years of practice after such admission.Explanation II. - The period during which a member of the Fund remained under suspension shall not be considered for the purpose of counting the years of standing.][(1-A) Notwithstanding anything contained in sub-section (1), every member of the Fund who has completed or completes twenty-five years of practice as an advocate on the date of coming into force of the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1995 shall, on completion of five years as a member of the Fund and on his cessation of practice, be paid a lump sum amount of [one lakh rupees.] [Inserted by the Tamil Nadu Act 43 of 1995.](2)Where a member of the Fund dies before receiving the amount payable under sub-section (1), his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the Fund.(3)[ Any person removed from the membership in the Fund under subsection (5) of section 15 and re-admitted to the Fund under sub-section (6) of that section shall not be entitled to payment of any amount from the Fund under this Act during the period between the date of his removal from the membership in the Fund and the date of re-admission.] [Inserted by the Tamil Nadu Act 20 of 1990.](4)[ Any member who is suspended by the Bar Council for misconduct under the Advocates Act, 1961 (Central Act 25 of 1961) shall not be entitled to payment of any amount from the Fund under this Act, for the period of such suspension.] [Inserted by the Tamil Nadu Act 20 of 1990.](5)[ Where a member of the Fund dies, his nominee or legal heir, as the case maybe, shall be paid an amount of [five lakh and twenty-five thousand rupees] [Substituted by the Tamil Nadu Act 43 of 1995.] :Provided that if such member who, before his death, was in receipt of pension, gratuity or other terminal benefits from any State Government or Central Government or other authority or employer, his nominee or legal heir, as the case may be, shall not be entitled for the payment of the amount of [five lakh and twenty-five thousand rupees] [Substituted for 'two lakh rupees' by Act No. 2 of 2013, dt. 23.2.2013.] under this sub-section.](6)[ Every member or his nominee or legal heir, as the case may be, shall apply for payment of the Fund, to the Trustee Committee, in such form, as may be prescribed.] [Inserted by the Tamil Nadu Act 20 of 1990.](7)[ Where a person, who has been paid an amount under sub-section (1) or (1-A) has been admitted as an advocate again under section 24 of the Advocates Act, 1961 (Central Act 25 of 1961), desires to be re-admitted to the Fund shall, on an application made in the same manner as specified in section 15 and on repayment of the amount received by him under sub-section (1) or (1-A), as the case may be, with interest calculated at the rate of twelve per cent per annum, be re-admitted to the Fund. He shall not be entitled to payment of any amount from the Fund under this Act, during the period between the date of his cessation of practice and the date of re-admission.] [Added by the Tamil Nadu Act 43 of 1995.]
