Section 16 in Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
16. Payment from the Fund on cessation of employment.
(1)A member of the Fund shall, on cessation of employment, be entitled to receive from an out of the Fund an amount at such rate as may be notified from time to time by the Committee depending upon the total period of employment of the member.[Provided that a member who completes 30 years of service as an Advocates Clerk and who is on the rolls of Advocates Clerks Welfare Fund for a period of not less than 10 years, opts for retirement, be entitled to receive half of the existing Death Benefit towards Retirement Benefit on production of certificate of service issued by the Judicial Registrar or District Judge, as the case may be.] [Added by Act No. 24 of 2008, dated 21.9.2008.](2)In the event of death of a member, a consolidated amount as determined by the Committee in the manner prescribed shall be paid to the nominee or, where there is no nominee to his dependants.[xxx] [[Explanation omitted by Act 4 of 2003, w.e.f. 1-6-2003, which earlier read as under:"Explanation:- For the purpose of this sub-section the word 'Dependant' means any of the following relatives of a deceased member, namely:--(i)a widow, a minor legitimate son, and unmarried legitimate daughter or a widowed mother; and(ii)if wholly dependant on the earnings of the member at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm;"]](3)A member of the Fund may opt for retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for re-admission to the Fund as a new member subject to such conditions as may be prescribed:Provided that a member suffering from permanent disablement shall be allowed to retire within five years of his admission to the Fund.(4)For calculating the period of completed years of employment for the purpose of payment under this Act, every four years of employment under an Advocate if any, before the admission of a member to the Fund shall be computed as one year of employment and added on to the number of years of employment after such admission. The number of years of employment shall be decided in respect of each member in the manner prescribed.(5)[xxx] [Sub-section(5) omitted by Ibid, earlier it read as under : "In the case of a member who dies within five years of his admission to the Fund, his nominee or legal heir, as the case may be shall be eligible to get an amount at such rate as may be prescribed from time to time per every year of employment".](6)An application for payment from the Fund shall be preferred to the Committee in such form as may be prescribed.(7)An application received under sub-section (6), shall be disposed of by the Committee after such enquiry as it deems necessary.
