Section 16 in Kerala Advocates' Welfare Fund Act, 1980
16. Payment from the Fund on cessation of practice.
(1)A member of the Fund shall, on cessation of practice, be entitled to receive from 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 legal heirs.(2A)[ Notwithstanding anything contained in sub-section (2), in the event of death of a member while in active practice and before attaining the age of fifty-five years, his nominee or where there is no such nominee his legal heirs, as the case may be, shall be entitled to receive from out of the Fund an amount at the rate specified in the Schedule or an amount of two lakh 1 rupees whichever is higher.] [Inserted by section 3 of Kerala Advocates' Welfare Fund (Amendment) Act, 2001 (Act 8 of 2001).](3)A member of the Fund may opt retirement benefits at any time after five years of his admission as a member of the Fund, but he shall be eligible for readmission 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 practice for the purpose of payment under this Act, every four years of practice at the Bar, if any, before the admission of a member to the hind shall be computed as one year of practice and added on to the number of years of practice after such admission(5)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 the rate of one thousand rupees per year of practice.(6)An application for payment from the Fund shall be preferred to the Trustee Committee in such form as may be prescribed.(7)An application received under sub-section (6) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.
