State of Himachal Pradesh - Act
The Himachal Pradesh Advocates Welfare Fund Act, 1996
HIMACHAL PRADESH
India
India
The Himachal Pradesh Advocates Welfare Fund Act, 1996
Act 14 of 1996
- Published on 11 December 1996
- Commenced on 11 December 1996
- [This is the version of this document from 11 December 1996.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires,-3. Advocates Welfare Fund.
4. Constitution of Trustee Committee.
5. Disqualification and removal of nominated members of Trustee Committee.
6. Resignation by nominated members of Trustee Committee and filling up of casual vacancies.
7. Acts of Trustee Committee not to be invalidated by vacancy, defect etc.
- No act done or no proceeding taken by or under this Act by the Trustee Committee shall be invalidated merely by reason of-8. Vesting and application of Fund.
- The Fund shall vest in, and be held and applied by, the Trustee Committee subject to the provisions, and for the purposes, of this Act.9. Functions of Trustee Committee.
10. Power to give directions.
- The Bar Council or the Trustee Committee may give to the Advocates Association or Bar Association such directions as, in its opinion, are necessary or expedient for carrying out the purposes of this Act.11. Funds, borrowing and investments.
12. Powers and duties of Secretary.
- The Secretary of the Trustee Committee shall-13. Transfer of certain money to the Fund.
- The Bar Council shall pay to the Fund annually an amount equal to ten percent of the enrolment fees realized by it.14. Recognition and registration of Bar Associations.
15. Duties of Bar Association.
16. Cancellation of recognition and registration of Bar Association.
- Where the Advocates Association or the Bar Association fails to discharge any of the duties imposed under section 15, or fails to carry out the directions given under section 10, the Bar Council may, for reasons to be recorded by order, cancel the recognition and registration of such Association:Provided that no order canceling the recognition and registration of any Advocates Association or the Bar Association shall be passed unless the Advocates Association or the Bar Association has been given a reasonable opportunity of being heard.17. Membership of the Fund.
| Where the standing of the Advocate at the Bar isless than ten years. | Two hundred rupees. |
| Where the standing of the Advocate at the Bar isten years or more | Four hundred rupees: |
18. Payment of amount on cessation of practice.
19. Restriction on alienation, attachment etc. of interest of members in the Fund.
20. Group Life Insurance for members and other benefits.
- The Trustee Committee may, for the welfare of the members of the Fund-21. Ex-gratia grant to a member of the Fund.
- The Trustee Committee on an application submitted to it, and after being satisfied about the genuineness of the claim, may allow ex-gratia grant to a member from the Fund.-22. Welfare scheme for indigent and disabled advocates.
- Notwithstanding anything contained in this Act, the Trustee Committee may also at its discretion give financial assistance from the Fund to organize welfare schemes for the indigent, disabled or other advocates [or their dependents] [The words 'or their dependents' Inserted vide Act No. 18 of 2004 (Sec. 4)], who may or may not be members of the Fund.23. Meetings of Trustee Committee.
24. Traveling and daily allowances to members of Trustee Committee.
- The non-official members of the Trustee Committee shall be entitled to be paid such traveling allowance and daily allowance as are admissible to the members of the Bar Council.25. Appeal against decisions of trustee Committee.
26. Printing and distribution of Advocates Welfare Fund Stamps by Bar Council.
27. Vakalatnama to bear stamps.
- [(1) Every Advocate shall affix a stamp of rupees ten on every Vakalatnama filed by him before any court, tribunal or authority and no court, tribunal or authority shall accept any Vakalatnama from an Advocate unless it is so stamped in addition to any stamp required under any other law for the time being in force.] [Substituted vide Act No. 18 of 2004 (sec. 6).]28. Protection of action taken in good faith.
29. Bar of jurisdiction of civil courts.
- No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Trustee Committee or the Bar Council.30. Power to summon witnesses and take evidence.
- The Trustee Committee and the Bar Council shall, for the purpose of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following namely :-31. Power to make rules.
- The Bar Council may, with the previous approval of the Government, by notification, make rules for the purposes of carrying into effect the provisions of this Act.32. Power to amend Schedule.
- The Government may, by notification, on the recommendation of the Trustee Committee and having due regard to the availability of the amount in the Fund, amend the rates specified in the Schedule.33. Laying of rules and notification.
- Every rule made under section 31, and every notification issued under section 32, shall, as soon as possible, after it is made or issued, be laid on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so laid or the next session, the Assembly makes any modification in any such rule or notification or the Assembly decides that rule or the notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.The Schedule[See sections 9 (2) (e), 18 and 32]| Rs. | |
| [30 years as a member of the Fund [Rates specified in Schedule substituted vide Not. No. . LLR-E(9)- 19/96- Leg. (Part-II) dated 17th January, 2007, published in R.H.P. Extra., dated 19.1.2007,. 11317-11319.] | 1,50,000 |
| 29 years as a member of the Fund | 1,45,000 |
| 28 years as a member of the Fund | 1,40,000 |
| 27 years as a member of the Fund | 1,35,000 |
| 26 years as a member of the Fund | 1,30,000 |
| 25 years as a member of the Fund | 1,25,000 |
| 24 years as a member of the Fund | 1,20,000 |
| 23 years as a member of the Fund | 1,15,000 |
| 22 years as a member of the Fund | 1,10,000 |
| 21 years as a member of the Fund | 1,05,000 |
| 20 years as a member of the Fund | 1,00,000 |
| 19 years as a member of the Fund | 95,000 |
| 18 years as a member of the Fund | 90,000 |
| 17 years as a member of the Fund | 85,000 |
| 16 years as a member of the Fund | 80,000 |
| 15 years as a member of the Fund | 75,000 |
| 14 years as a member of the Fund | 70,000 |
| 13 years as a member of the Fund | 65,000 |
| 12 years as a member of the Fund | 60,000 |
| 11 years as a member of the Fund | 55,000 |
| 10 years as a member of the Fund | 50,000 |
| 9 years as a member of the Fund | 45,000 |
| 8 years as a member of the Fund | 40,000 |
| 7 years as a member of the Fund | 35,000 |
| 6 years as a member of the Fund | 30,000 |
| 5 years as a member of the Fund | 25,000 |
| 4 years as a member of the Fund | 20,000 |
| 3 years as a member of the Fund | 15,000 |
| 2 years as a member of the Fund | 10,000 |
| 1 years as a member of the Fund | 5,000.] |