Kerala Advocates' Clerks Welfare Fund Act, 2003

No: 27 Dated: Aug, 26 2003

THE KERALA ADVOCATES’ CLERKS WELFARE FUND ACT, 2003

(ACT 27 OF 2003)

    An Act to provide for the Constitution of a Welfare Fund for the Benefit of Advocates' Clerks in the State of Kerala and for matters connected therewith or incidental thereto.

    Preamble. - Whereas it is expedient to provide for the constitution of a Welfare Fund for payment of retirement and other benefits to Advocates' Clerks in the State of Kerala and for matters connected therewith or incidental thereto;

Be it enacted in the Fifty-fourth year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Kerala Advocates' Clerks Welfare Fund Act, 2003.

(2) It shall come into force on such date as the Government may, by notification in the 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 the Bar Council of Kerala under section 17 of the Advocates Act, 1961 (Central Act 25 of 1961) and practising as an Advocate, whether he is a member of a Bar Association or not.

(b) "Advocates' Clerk" means a Clerk employed by an Advocate and recognised as such by such Authority and in such manner as may be prescribed and who is a member of an Advocates' Clerks Association;

(c) "Advocates' Clerks Association" means an association of Advocates' Clerks recognised and Registered under section 15;

(d) "Advocate Clerks Welfare Fund Scheme" means the Advocate Clerks Welfare Fund Scheme, 1985 constituted by the Government as per G.O.(P)No.3/1985/Fin. dated 1st January , 1985;

(e) "Bar Association" means an Association of Advocates recognised and registered by the Bar Council under section 13 of the Kerala Advocates' Welfare Fund Act, 1980 (21 of 1980);

(f) "Bar Council" means the Bar Council of Kerala;

(g) "Cessation of Employment" means removal of the name of an Advocate's Clerk from the State roll maintained by the Committee on account of his retirement;

(h) "Committee" means the Kerala Advocates' Clerks Welfare Fund Committee constituted under section 4;

(i) "Dependent" means wife, husband, father, mother, minor sons and unmarried or widowed or divorced daughters;

(j) "Fund" means the Kerala Advocates' Clerks Welfare Fund constituted under section 3;

(k) "Government" means the Government of Kerala;

(l) "Member of the Fund" means an Advocate's Clerk admitted to the fund and continuing to be a member thereof by paying the subscriptions under the provisions of this Act;

(m) "Notification" means a notification published in the Kerala Gazette and the word "Notified" shall be construed accordingly;

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

(o) "retirement" means stoppage of employment as Advocate Clerk for reasons other than for joining service or for carrying on any other gainful occupation communicated to and recorded in the manner prescribed;

(p) "Secretary" means the Secretary of the committee;

(q) "stamp" means the Kerala Advocates' Clerks Welfare Fund Stamp printed and distributed under section 14;

(r) "vakkalath" means a vakalathnama, memorandum of appearance or any other document by which an advocate is empowered to appear and plead before any court, tribunal or authority.