Tamil Nadu Advocates' Welfare Fund Act, 1987
No: 49 Dated: Dec, 03 1987
The Tamil Nadu Advocates' Welfare Fund Act, 1987
Tamil Nadu Act 49 of 1987
An Act to provide for the constitution of a Welfare Fund for the benefit of advocates on cessation of practice and for matters connected therewith or incidents thereto in the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu is the Thirty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Advocates' Welfare Fund Act, 1987.
(2) It extends to the whole of the State of Tamil Nadu.
(3) This Act, except clause (a) of sub-section (2) of section 3 and 12, shall come into force at once and clause (a) of sub-section (2) of section 3 and section 12 shall come into force on such date as the 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 roll of advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act, 1961 (Central Act 25 of 1961) and who is a member of a Bar Association or an Advocates Association;
(b) "Advocates Association" means an association of advocates [recognised and registered by the Bar Council] under section 13;
(c) "Bar Association'" means an association of advocates [recognised and registered by the Bar Council] under section 13;
(d) "Bar Council" means the Bar Council of Tamil Nadu constituted under section 3 of the Advocates Act, 1961 (Central Act 25 of 1961);
(e) "cessation of practice" means removal of the name of an advocate from the State roll under section 26-A of the Advocates Act, 1961 (Central Act 25 of 1961);
(f) "dependents" means the spouse, parent and [children dependent on the member of the Fund];
(g) "Fund" means the Tamil Nadu Advocates Welfare Fund constituted under section 3;
(h) "Government" means the State Government;
(i) "member of the Fund" means an advocate admitted to the benefits of the Fund and continuing to be a member thereof under the provisions of this Act;
(j) "prescribed" means prescribed by the Bar Council by rules made under this Act;
(k) "stamp" means the Tamil Nadu Advocates Welfare Fund Stamp printed and distributed under section 22;
(l) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct;
(m) "Trustee Committee" means the Tamil Nadu Advocates Welfare Fund Trustee Committee established under section 4;
(n) "Vakalathnam" a 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;
[(o) "year" means the financial year.]
3. Advocates Welfare Fund. - (1) The Government shall constitute a fund called the Tamil Nadu Advocates Welfare Fund.
(2) There shall be credited to the Fund-
(a) all amounts paid by the Bar Council under section 12;
(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, any Advocates Association/ or other association or institution, or any advocate or other person;
(d) any grant made by the Government to the Fund;
(e) any sum borrowed under section 10;
(f) all sums collected under section 15;
(g) all sums received from the Life Insurance Corporation of India on the death of an advocate under a Group Insurance Policy;
(h) any profit or dividend or refund received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
(i) any interest or dividend or other retum-on any investment made of any part of the Fund; and
(j) all sums collected by way of sale of stamps under section 22.
(3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained in such manner, as may be prescribed.