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State of Odisha - Section

Section 15 in The Orissa Advocates' Welfare Fund Act, 1987

15. Membership in the Fund.

(1)Every Advocate practising in any Court, in the State and being a member of Bar Association, or a Society recognised by the Bar Council may apply to the Committee for admission as a member of the Fund in such form as may be prescribed.
(2)On receipt of an application under Sub-section (1), the 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 fee of [two hundred] [Substituted vide O.G.E. No. 1151 Dated 19.6.2001.] rupees being payable along with the application to the Account of the Committee:Provided that Advocates having less than five years standing practice of the Bar will pay only rupees [one hundred] [Substituted vide O.G.E. No. 1151 Dated 19.6.2001.].
(4)In the event of rejection of the application the 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 the 30th June of every year at the following rates, namely :
(a) Where the standing of the Advocate at the Bar is five years ...[Fifty rupees] [Substituted vide O.G.E. No. 1151 Dated 19.6.2001.]
(b) Where the standing of the Advocate at the Bar is more thanfive years but less than fifteen years ...[one hundred rupees] [Substituted vide O.G.E. No. 1151 Dated 19.6.2001.]
(c) Where the standing of the Advocate at the Bar is fifteenyears or more ...[two hundred rupees] [Substituted vide O.G.E. No. 1151 Dated 19.6.2001.]
(6)A member may pay the subscription under Sub-section (5) in two equal instalments at his option.
(7)Any member who fails to remit the annual subscription for any year before the 30th June of the 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 re-admitted to the Fund on payment of the arrears with interest at twelve per cent per annum, within six months from the date of removal subject to payment of twenty-five per centum of the annual subscription as renewal fee.
(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 had 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 nominee 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 Committee, provided that he shall alongwith such notice send a fresh nomination. No cancellation shall be effective unless fresh nominations are made by the member cancelling the earlier nomination.
(12)A member who received any other pensionary benefits or has suspended his practice voluntarily or otherwise before attaining his 60th year not being permanently disabled, shall not be permitted to the benefit under the Act, however at the discretion of the Committee he may be paid the total annual membership subscription paid by him.
(13)Subject to the provisions made above the annual subscription is non-refundable.
(14)A member of the Fund shall have the obligation of appearing and conducting such cases which may be entrusted to him by the State Legal Aid and Advice Committee and similar Committees functioning in different districts and Sub-divisions of the State unless there are reasonable excuses for his non-appearance.