Jammu and Kashmir Advocates Welfare Fund Act, 1997

No: 26 Dated: Oct, 01 1997

THE JAMMU AND KASHMIR ADVOCATES WELFARE FUND ACT, 1997

Act No. XXVI of 1997

    An Act to provide for conduct of Constitution of a Welfare Fund for the benefits to Advocates in the State of Jammu and Kashmir on death, disability, retirement, illness etc. and for matters connected therewith or incidental thereto.

Be enacted by the State Legislature in the Forty-eighth Year of the Republic of India as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Advocates Welfare Fund Act, 1997.

(2) It extends to the whole of the Jammu and Kashmir State.

(3) It shall come into force on such date as the State Government may, by notification in the Government Gazette, 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 of Advocates prepared and maintained by a State Bar Council under section 17 of the Advocates Act, in (Central Act 25 of 1961) and who is a member of any Bar Association ;

(b) "Bar Association" means an association of Advocates attached to any court or any Tribunal or judiciary authority discharging functions of judicial or quasi-judicial nature and recognised by Bar Council under section 14 ;

(c) "Bar Council" means the Bar Council of Jammu and Kashmir constituted under section 3 of the Advocates Act 1961 (Central Act 25 of 1961) ;

(d) "Cessation of practice" means removal of the name of an Advocate from the State Roll and maintained by the Bar Council on account of his retirement or death ;

(e) "Court" means includes any tribunal or authority before whom ;

(f) "Dependents" means wife, husband, father, mother and unmarried minor children or such of them as exist ;

(g) "Fund" means the Advocate's Welfare Fund constituted under section 3 of this Act ;

(h) "Government" means the Government of the State of Jammu and Kashmir ;

(i) "Member of the Fund" means an Advocate admitted to the benefits of the Fund and continuing to be a member thereof under the provision of this Act ;

(j) "Prescribed" means prescribed by the Bar Council by rules made under this Act ;

(k) "Retirement" means stoppage of practice as an Advocate communicated to and recorded by the Bar Council ;

(l) "Stamp" means, the stamp printed and distributed under section 22 of this Act ;

(m) "State" means the State of Jammu and Kashmir ;

(n) "Suspension of practice" means voluntary suspension of practice as an Advocate or suspension by the Bar Council for misconduct, under the Advocate's Act, 1961 (Central Act 25 of 1961) ;

(o) "Trustee Committee" means the Committee established under section 5 of this Act ;

(p) "Vakalatnama" means vakalatnama and includes memorandum of appearance or any other document by which an Advocate is empowered to appear or plead before any court, Tribunal or other authority.

3. Advocate's Welfare Fund. - (1) The Government shall constitute a fund called Advocate's Welfare Fund.

(2) These shall be credited to the Fund,-

(a) all amounts paid by the Bar Council under section 13 ;

(b) any other contribution made by the Bar Council ;

(c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any Bar Association or any other association or institution, any Advocate or any other persons ;

(d) any grant made by the government to the Fund ;

(e) any sum borrowed under sub-section (1) of section 11.

(f) all sums received from the Life Insurance Corporation of India on the death of an Advocate under the Group Insurance Policy ;

(g) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of members of the Fund ;

(h) any interest or dividend or other return on any investment made of any part of the Fund ;

(i) any grants, donations, gifts, benefaction received from any institution or person and credited to the fund, from time to time ;

(j) all sums collected by way of sale of stamps under section 22 ;

(k) All sums collected under section 16 by way of application fees and annual subscription and interest thereon.

(3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, as may be prescribed.