Jharkhand Advocates' Welfare Fund Act, 2012

No: 2 Dated: Feb, 04 2013

THE JHARKHAND ADVOCATES' WELFARE FUND ACT, 2012

(JHARKHAND ACT, 02, 2013)

    An Act to provide for the constitution of a welfare fund for the benefit of advocates in the State of Jharkhand for death, permanent disablement, retirement, illness etc and for matters connected therewith or incidental thereto.

    Be it enacted by the State Legislature of Jharkhand in the Sixty-third Year of Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement- (1) This Act may be called the Jharkhand Advocates' Welfare Fund Act, 2012.

(2) It extends to the State of Jharkhand.

(3) It shall come into force with immediate effect.

(4) It shall not apply to persons who have retired from service or profession and have been paid or are entitled payment of retirement benefits from his employer or from Trustee Committee.

2. Definitions:- 1. In this Act, unless the context otherwise requires:

(a) "advocate" means an advocate whose name has been entered in the State roll prepared and maintained by the State Bar Council under Section 17 of the Advocates' Act 1961 (25 of 1961) and who is a member of the Bar Association or Advocate Association of the State;

(b) "Advocate Association" means an association of advocates in Jharkhand recognized by the Jharkhand State Bar Council under Section 14;

(c) "Bar Association" means an association of advocates recognized by the Jharkhand State Bar Council under Section 14;

(d) "Bar Council" means the Jharkhand State Bar Council constituted under section 3 of the Advocates' Act 1961 (25 of 1961);

(e) "cessation of practice" means removal of the name of an advocate from the State roll prepared under section 26A of the Advocates' Act 1961 (25 of 1961);

(f) "Chairperson" means the Chairperson of the Trustee Committee referred to in clause (a) of Sub-Section (4) of Section 4;

(g) "Chartered Accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of Section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of Section 6 of that Act.

(h) "Court" includes any Tribunal or Authority before whom an advocate is by or under any law for the time being in force entitled to practice;

(i) "Dependants" means the spouse, parents, or minor children including illegitimate children of a member of the Fund;

(j) "Fund" means the Advocates' Welfare Fund constituted under sub section (1) of Section 3;

(k) "Insurer" shall have the meaning assigned to it in clause (9) of Section 2 of the Insurance Act, 1938(4 of 1938);

(l) "Member of the Fund" means an advocate admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act;

(m) "Notification" means a notification published in the Official Gazette of the State Government.

(n) "Prescribed" means prescribed by rules made under this Act.

(o) "retirement" means stoppage of practice as an advocate communicated to and recorded by the Bar Council;

(p) "Schedule" means Schedules to this Act;

(q) "Schedule bank" shall have the meaning assigned to it in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934);

(r) "Stamp" means the Advocates Welfare Fund Stamp printed and distributed under section 24;

(s) "State" means the State Government of Jharkhand;

(t) "Suspension of practice" means voluntary suspension of practice as an advocate or suspension of an advocate by the Bar Council of Jharkhand for misconduct.

(u) "Trustee Committee" means the Advocates' Welfare Fund Trustee Committee established under sub-section (1) of Section 4;

(v) "Vakalatnama" includes memorandum of appearance of any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority;

2. Words and expressions used and not defined in this Act but defined in the Advocates' Act 1961 (25 of 1961), shall have the meanings respectively assigned to them in that Act.