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State of West Bengal - Section

Section 23 in The West Bengal Advocates Welfare Fund Act, 1991.

23. Payment from Fund. -

(1)A member of the Fund shall, upon cessation of practice or upon retirement, be entitled to receive from the Fund an amount at the rate specified in the Schedule :Provided that where under sub-section (4), for the remaining fraction of years, every year of practice is computed as three months of practice, a member of the Fund shall be entitled to receive an additional amount of rupees two hundred and fifty for each such period of three months so computed.
(2)In the event of death of a member of the Fund, the amount shall be paid to his nominee or, where there is no such nominee or, in the absence of the nominee, to his legal heir or representative on production of a succession certificate.
(3)A member of the Fund may opt for payment from the Fund any time after five years from the date of his admission to the fund, but he shall be eligible for readmission to the Fund as a new member on such condition as may be prescribed.
(4)For calculating the period of practice referred to in the Schedule, every four years of practice, if any, before admission as a member of the Fund shall be computed as one year of practice and, for the remaining fraction of years of practice, every such year of practice shall be computed as three months of practice, and the total of the completed years of practice so computed shall be added to the number of years of practice after admission as a member of the Fund.
(5)In the case of a member of the Fund who dies within five years of his admission the Fund, his nominee or legal heir or representative, as case may be, shall be eligible to receive from the Fund an amount at the rate of rupees one thousand for each year of practice.
(6)An application for payment from the Fund shall be made to the Trust Committee in such form as may be prescribed.
(7)Where a member of the Fund voluntarily withdraws from practice within five years of his admission to the Fund, he shall be entitled to the refund of of annual subscription to the Fund paid by him under section 19 on an application to the Trust Committee made by him in such form as may be prescribed.
(8)The Trust Committee shall, on receipt of an application under subsection (7), dispose of the same after such enquiry as it deems necessary.