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State of Jammu-Kashmir - Section

Section 17 in The Jammu and Kashmir Advocates Welfare Fund Act, 1997

17. Payment from the Fund on cessation of practise.

(1)A member of the Fund shall on cessation of practise be entitled to receive out of the Fund an amount at the rate specified in the Schedule.
(2)In the event of death of a member the amount shall be paid to his nominee or, where there is no nominee, to his dependents.
(3)A member of the Fund may opt retirement benefits at any time after the 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 practise for the purpose of payment under this Act, every four years of practise at the Bar, if any, before the admission of a member to the Fund shall be computed as one year of practise and added on to the number of years of practise after -such admission.
(5)In case of a member, who dies or suffers from permanent disablement within five years of his admission to the Fund, he or his nominee or legal heir, as the case may be, shall be eligible to get an amount at the rate of one thousand rupees per year of practise.
(6)An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed.
(7)In the case of a member who voluntarily ceases to be practise (otherwise than on account of his death or permanent disablement) within ten years of his admission to the Fund, he shall be entitled to get the annual subscription paid by him under sub-section (5) of section 16 with interest.
(8)An application received under sub-section (6) or (7) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.