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State of Kerala - Section

Section 15 in Kerala Advocates' Welfare Fund Act, 1980

15. Membership in the Fund.

(1)Every advocate practising in any court in the State and being a member of a Bar Association recognised by the Bat Council may apply to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed.
(1a)[ A person enrolled as an Advocate after retirement from the service of Central or any State Government or any public or private sector undertakings shall not be admitted as a member of the Fund if such person is eligible for or ava1led of any kind of retirement benefits from such Government or public or private sector undertakings.] [Inserted by sub-section (a) of section 2 of Kerala Advocates' Welfare Fund (Amendment) Act, 2001 (Act 8 of 2001).]
(2)On receipt of an application under subsection (1), the Trustee Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or for reasons to be recorded in writing reject the application:Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard.
(3)Every applicant shall pay an application lee of two hundred rupees in the course of one year equal instalments, in such manner as may he prescribed, the first instalment being payable along with the application, to the account of the Trustee Committee.
(4)In the event of rejection of the application, the first instalment of the admission fee paid along with the application shall be refunded to the applicant.
(5)[ Every member shall pay an annual subscription to the Fund on or before 30th June of every year at the following rates, namely:-
(i) Where the standing of the Advocate at the Bar isless than five years two hundred rupees
(ii) Where the standing of the Advocate at the Bar isfive years and more but less than ten years five hundred rupees
(iii) Where the standing of the Advocate at the Bar isten years and more but less than fifteen years one thousand rupees
(iv) Where the standing of the Advocate at the Bar isfifteen years and more one thousand and five hundred rupees·
Provided that an advocate designated as Senior Advocate under the Advocates' Act, 1961 (Central Act 25 of 1961), shall pay an annual subscription at the rate of three thousand rupees.] [Substituted by sub-section (b) of section 2 of Kerala Advocates' Welfare Fund (Amendment) Act, 2001 (Act 8 of 2001).]
(6)Any member shall be entitled to pay the subscription under subsection (5) in two equal half yearly instalments at his option.
(7)Any member who fails to remit the annual subscription for an year before the 30th June of that year shall be liable to be removed from the membership of the Fund
(8)A person removed from the membership of the Fund under subsection (7) shall be readmitted to the Fund on payment of the arrears with interest at twelve per cent per annum within six months from the date of removal.
(9)Every member shall, at the time of admission to the membership of the Fund make a nomination conferring on one or more persons the right to receive the amount which may be due to him from the Fund in the event of his death before the amount has been paid to him.
(10)If a member nominates more than one person under sub-section (9) he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may be due to him.
(11)A member may at any time cancel a nomination by sending a notice in-writing to the Trustee Committee, provided that a member shall along with such notice send a flesh nomination.
(12)Every member who voluntarily suspends practice or retires shall, within fifteen days of such suspension or retirement, intimate that fact to the Trustee Committee and if any member fails to do so without sufficient reasons the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount due to that member.