Himachal Pradesh Advocate's Clerks Welfare Fund Act, 2015
No: 28 Dated: Oct, 20 2015
THE HIMACHAL PRADESH ADVOCATE"S CLERKS WELFARE FUND ACT, 2015
(ACT NO. 28 of 2015)
An Act to provide for the constitution of a Welfare Fund and utilization thereof for promotion of the Advocate's clerks in the State of Himachal Pradesh and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-sixth Year ofthe Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Himachal PradeshAdvocate"s Clerks Welfare Fund Act, 2015.
(2) It shall come into force on such date as the State Government may, by notification,appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Advocate” means a person whose name has been entered in the State roll ofAdvocates prepared and maintained by the Bar Council of Himachal Pradeshunder section 17 of the Advocates Act, 1961 and who is a member of a BarAssociation or an Advocates Association;
(b) “Advocate"s clerk” means a clerk employed by an Advocate and recognized bysuch authority and in such manner as may be prescribed and who is a member ofan Advocate's Clerks Association;
(c) “Advocate"s Clerks Association” means an Association of Advocate's clerksrecognized and registered under section 13;
(d) “Bar Association” means an association of Advocates recognized and registeredby the Bar Council under section 14 of the Himachal Pradesh Advocates WelfareFund Act, 1996;
(e) “Bar Council” means the Bar Council of Himachal Pradesh constituted undersection 3 of the Advocates Act, 1961;
(f) “cessation of employment” means removal of the name of an Advocate's clerkfrom the State roll maintained by the Committee on account of his retirement;
(g) “Committee” means the Himachal Pradesh Clerks Welfare Fund Committeeconstituted under section 4;
(h) “dependant” means any of the following relatives of a deceased member of theFund, namely :—
(I) widow, minor legitimate son, unmarried legitimate daughter or widowedmother; and
(II) major legitimate son or legitimate married daughter who by virtue of infirmity is wholly dependant on the earnings of the member at the time ofhis death;
(i) “Fund” means the Himachal Pradesh Advocate"s Clerks Welfare Fundconstituted under section 3;
(j) “Government” means the Government of Himachal Pradesh;
(k) “Member of the Fund” means an Advocate"s clerk admitted to the benefit of theFund and continuing to be a member thereof under the provisions of this Act;
(l) “notification” means a notification published in Rajpatra, Himachal Pradesh andthe word ‘notified" shall be construed accordingly;
(m) ‘‘prescribed” means prescribed by rules made under this Act;
(n) “retirement” means stoppage of employment as an Advocate"s clerk for reasonother than joining service or for carrying on any other gainful occupation,communicated to and recorded in the prescribed manner;
(o) “Schedule” means Schedule appended to this Act;
(p) “stamp” means the Himachal Pradesh Advocate's Clerks Welfare Fund stampprinted and distributed under section 12; and
(q) “vakalatnama" means a vakalatnama, memorandum of appearance or any otherdocument by which an Advocate or any other local practitioner is empowered toappear and plead before any court, tribunal or other authority.