Kerala Advocates' Welfare Fund Act, 1980

No: 21 Dated: Dec, 10 1980

THE KERALA ADVOCATES’ WELFARE FUND ACT, 1980

Act 21 of 1980

    An Act to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates 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 the Payment of retirement benefits to advocates in the State of Kerala and for matters connected therewith or incidental thereto :

Be it enacted in the Thirty-first Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Advocates' Welfare Fund Act, 1980.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definition. - 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 who is a member of a Bar Association ;

(b) "Bar Association" means an association of advocates recognised and registered by the Bar Council under section 13 ;

(c) "Bar Council" means the Bar CounCIl of Kerala 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 maintained by the Bar Council on account of his retirement or death ;

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

(f) "Fund" means the Advocates' Welfare Fund constituted under section 3;

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

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

(j) "stamp" means the stamp printed and distributed under section 22,

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

(l) "suspension of practice" means voluntary suspension of practice as an a vacate or suspension by the Bar Council for misconduct ;

(m) "Trustee Committee" means the committee established under section 4- :

(n) "vakalath" means vakalathnama 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.