THE ADVOCATES' WELFARE FUND ACT, 2001

An Act to provide for the constitution of a welfare fund for the benefit of advocates and for matters
connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER I
PRELIMINARY
1. Short tit!, !"t!#$ %#$ &o''!#&!'!#t.!"# $his Act may be called the Advocates %elfare
Fund Act& '((".
!'# It e)tends to the whole of India.
!*# It shall come into force on such date as the +entral ,overnment may& by notification& appoint-
and different dates may be appointed for different provisions of this Act and for different .tates&
and any reference in any such provision to the commencement of this Act shall be construed in
relation to any .tate as a reference to the comin/ into force of that provision in that .tate.
2. D!(i#itio#).In this Act& unless the conte)t otherwise re0uires&
!a# advocate means an advocate whose name has been entered in the .tate roll
prepared and maintained by a .tate Bar +ouncil under .ection "1 of the Advocates Act& "23" !'4
of "23"# and who is a member of a .tate Bar Association or .tate Advocates Association-
!b# appropriate ,overnment means&
!i# in the case of advocates admitted on the roll of a Bar +ouncil of a .tate& the .tate
,overnment-
!ii# in the case of advocates admitted on the roll of a Bar +ouncil of a 5nion $erritory& the
+entral ,overnment-
!c# cessation of practice means removal of the name of an advocate from the
.tate roll under .ection '3A of the Advocates Act& "23" !'4 of "23"#-
!d# +hairperson means the +hairperson of the $rustee +ommittee referred to in
clause !a# of sub-section !*# of .ection 6-
!e# chartered accountant means a chartered accountant as defined in clause !b#
of sub-section !"# of .ection ' of the +hartered Accountants Act& "262 !*7 of "262# and who has
obtained a certificate of practice under sub-section !"# of .ection 3 of that Act-
!f# dependants means the spouse& parents or minor children of a member of the
Fund-
!/# Fund means the Advocates %elfare Fund constituted under sub-section !"#
of .ection *-
!h# insurer shall have the meanin/ assi/ned to it in clause !2# of .ection ' of the
Insurance Act& "2*7 !6 of "2*7#-
!i# 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-
!8# notification means a notification published in the 9fficial ,a:ette of the
appropriate ,overnment and the e)pression notified shall be construed accordin/ly-
!;# prescribed means prescribed by rules made under this Act-
!l# .chedule means a .chedule to this Act-
!m# scheduled ban; shall have the meanin/ assi/ned to it in clause !e# of .ection
' of the Reserve Ban; of India Act& "2*6 !' of "2*6#-
!n# stamp means the Advocates %elfare Fund .tamp printed and distributed
under .ection '3-
!o# .tate means a .tate specified in the First .chedule to the +onstitution and
shall include a 5nion $erritory-
!p# .tate Advocates Association means an association of advocates in a .tate
reco/nised by the Bar +ouncil of that .tate under .ection "3-
!0# .tate Bar Association means an association of advocates reco/nised by the
Bar +ouncil of that .tate under .ection "3-
!r# .tate Bar +ouncil means a Bar +ouncil referred to in .ection * of the
Advocates Act& "23" !'4 of "23"#-
!s# suspension of practice means voluntary suspension of practice as an
advocate or suspension of an advocate by a .tate Bar +ouncil for misconduct-
!t# $rustee +ommittee means the Advocates %elfare Fund $rustee +ommittee
established under sub-section !"# of .ection 6-
!u# <a;alatnama includes memorandum of appearance or any other document by
which an advocate is empowered to appear or plead before any court& tribunal or other authority-
!v# words and e)pressions used and not defined in this Act but defined in the Advocates
Act& "23" !'4 of "23"#& shall have the meanin/s respectively assi/ned to them in that Act.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER II
CONSTITUTION OF ADVOCATES* WELFARE FUND
+. A$,o&%t!)* W!(%r! F-#$.!"# $he appropriate ,overnment shall constitute a fund to be
called the Advocates %elfare Fund.
!'# $here shall be credited to the Fund
!a# all amounts paid by a .tate Bar +ouncil under .ection "4-
!b# any other contribution made by a .tate Bar +ouncil-
!c# any voluntary donation or contribution made to the Fund by the Bar +ouncil of India& any
.tate Bar Association& any .tate Advocates Association or other association or institution& or any
advocate or other person-
!d# any /rant which may be made by the +entral ,overnment or a .tate ,overnment to the
Fund after due appropriation made in this behalf-
!e# any sums borrowed under .ection "'-
!f# all sums collected under .ection "7-
!/# all sums received from the =ife Insurance +orporation of India or any other insurer on
the death of any member of the Fund under any ,roup Insurance Policy-
!h# any profit or dividend or refund received from the =ife Insurance +orporation of India or
any other insurer in respect of policies of ,roup Insurance of the members of the Fund-
!i# any interest or dividend or other return on any investment made out of any part of the
Fund-
!8# all sums collected by way of sale of stamps under .ection '3.
!*# $he sums specified in sub-section !'# shall be paid to& or collected by& such a/encies& at such
intervals and in such manner& as may be prescribed.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER III
ESTA.LISHMENT OF TRUSTEE COMMITTEE
/. E)t%0i)h'!#t o( Tr-)t!! Co''itt!!.!"# %ith effect from such date as the appropriate
,overnment may& by notification& appoint in this behalf& there shall be established a $rustee
+ommittee to be called Advocates %elfare Fund $rustee +ommittee.
!'# $he $rustee +ommittee shall be a body corporate havin/ perpetual succession and a
common seal with power to ac0uire& hold and dispose of property and shall& by the said name&
sue and be sued.
!*# $he $rustee +ommittee shall consist of
!a# the Advocate-,eneral of a .tate
Provided that where there is no
Advocate-,eneral of a .tate& the
appropriate ,overnment shall nominate
a senior advocate to be the +hairperson
- +hairperson& ex officio:
!b# the .ecretary to the appropriate
,overnment in its =aw >epartment or
?inistry
- ?ember& ex officio;
!c# the .ecretary to the appropriate
,overnment in its @ome >epartment or
?inistry
- ?ember& ex officio;
!d# the +hairman of the .tate Bar +ouncil - ?ember& ex officio;
!e# the ,overnment Pleader or the Public
Prosecutor& as may be nominated by the
appropriate ,overnment
- ?ember-
!f# two advocates to be nominated by the
.tate Bar +ouncil
- ?embers-
!/# the .ecretary of the .tate Bar +ouncil - .ecretary& ex officio.
!6# $he +hairperson nominated under the proviso to clause !e# of sub-section !*# shall hold office
for a period not e)ceedin/ three years from the date on which he enters upon his office.
!4# Avery ?ember of the $rustee +ommittee nominated under clause !e# or clause !f# of sub-
section !*# shall hold office for a period not e)ceedin/ three years from the date on which he
enters upon his office.
1. Di)2-%i(i&%tio#) %#$ r!'o,% o( Ch%ir3!r)o# or M!'0!r o( Tr-)t!! Co''itt!!.!"# $he
appropriate ,overnment shall remove from office the +hairperson or any ?ember of the $rustee
+ommittee& who
!a# is& or at any time has been& ad8ud/ed as an insolvent- or
!b# has become physically or mentally incapable of actin/ as the +hairperson or a ?ember
of the $rustee +ommittee- or
!c# has been convicted of an offence which& in the opinion of the appropriate ,overnment&
involves moral turpitude- or
!d# has ac0uired such financial or other interest as is li;ely to affect pre8udicially his
functions as the +hairperson or a ?ember of the $rustee +ommittee- or
!e# has so abused his position as to render his continuation in office detrimental to the
public interest- or
!f# is& or at any time has been& absent without leave of the $rustee +ommittee for more
than three consecutive meetin/s of the $rustee +ommittee:
Provided that the $rustee +ommittee may& on sufficient /round& condone the absence of such
+hairperson or ?ember.
!'# Bo such +hairperson or ?ember of the $rustee +ommittee shall be removed under clause !d#
or clause !e# of sub-section !"# unless he has been /iven a reasonable opportunity of bein/
heard.
4. R!)i5#%tio# 06 #o'i#%t!$ Ch%ir3!r)o# %#$ M!'0!r) o( Tr-)t!! Co''itt!! %#$ (ii#5
-3 o( &%)-% ,%&%#&6.!"# $he +hairperson referred to in sub-section !6# of .ection 6 or a
?ember nominated under clause !e# of sub-section !*# of that section may resi/n his office by
/ivin/ three months notice in writin/ to the appropriate ,overnment and on such resi/nation
bein/ accepted by the appropriate ,overnment such +hairperson or ?ember shall vacate his
office.
!'# A ?ember nominated under clause !f# of sub-section !*# of .ection 6 may resi/n his office by
/ivin/ three months notice in writin/ to the .tate Bar +ouncil and on such resi/nation bein/
accepted by the .tate Bar +ouncil such ?ember shall vacate his office.
!*# A casual vacancy in the office of the +hairperson or a ?ember referred to in sub-section !"#
who has resi/ned may be filled up& as soon as may be& by the appropriate ,overnment and the
+hairperson or a ?ember so nominated shall hold office only so lon/ as the +hairperson or the
?ember in whose place he is nominated would have been entitled to hold office if the vacancy did
not occur.
!6# A casual vacancy in the office of a ?ember referred to in sub-section !'# who has resi/ned
may be filled up& as soon as may be& by the .tate Bar +ouncil and a ?ember so nominated shall
hold office only so lon/ as the ?ember in whose place he is nominated would have been entitled
to hold office if the vacancy did not occur.
7. V%&%#&i!), !t&., #ot to i#,%i$%t! 3ro&!!$i#5) o( Tr-)t!! Co''itt!!.Bo act or
proceedin/ of the $rustee +ommittee shall be invalid merely by reason of
!a# any vacancy in& or any defect in the constitution of& the $rustee +ommittee- or
!b# any defect or irre/ularity in the nomination of a person actin/ as the +hairperson or a
?ember of the $rustee +ommittee- or
!c# any irre/ularity in the procedure of the $rustee +ommittee not affectin/ the merits of the
case.
8. M!!ti#5) o( Tr-)t!! Co''itt!!.!"# $he $rustee +ommittee shall meet at least once in
every three calendar months and at least four such meetin/s shall be held in every year to
transact business under this Act and the rules made thereunder.
!'# $hree ?embers of the $rustee +ommittee shall form the 0uorum for a meetin/ of the $rustee
+ommittee.
!*# $he +hairperson of the $rustee +ommittee or& if for any reason& he is unable to attend a
meetin/ of the $rustee +ommittee& any other ?ember chosen by the ?embers of the $rustee
+ommittee present from amon/st themselves at the meetin/ shall preside at the meetin/.
!6# All 0uestions which come up in a meetin/ of the $rustee +ommittee shall be decided by a
ma8ority vote of the ?embers of the $rustee +ommittee present and votin/& and& in the event of
an e0uality of votes& the +hairperson& or in his absence& the ?ember of the $rustee +ommittee
presidin/& shall have a second or castin/ vote.
9. Tr%,!i#5 %#$ $%i6 %o:%#&!) to #o'i#%t!$ Ch%ir3!r)o# %#$ M!'0!r) o( Tr-)t!!
Co''itt!!.$he +hairperson referred to in sub-section !6# of .ection 6 and ?embers of the
$rustee +ommittee referred to in clauses !e# and !f# of sub-section !*# of that section shall be
entitled to be paid such travellin/ and daily allowances as are admissible to the members of the
.tate Bar +ouncil.
10. V!)ti#5 %#$ %33i&%tio# o( F-#$.$he Fund shall vest in& and be held and applied by& the
$rustee +ommittee sub8ect to the provisions& and for the purposes& of this Act.
11. F-#&tio#) o( Tr-)t!! Co''itt!!.!"# .ub8ect to the provisions of this Act and any other law
for the time bein/ in force& the $rustee +ommittee shall administer the Fund.
!'# %ithout pre8udice to the /enerality of the provisions contained in sub-section !"#& the $rustee
+ommittee shall
!a# hold the amounts and assets belon/in/ to the Fund in trust-
!b# receive applications for admission or re-admission as members to the Fund& and
dispose of such applications within ninety days from the date of receipt thereof-
!c# receive applications from the members of the Fund& their nominees or le/al
heirs& as the case may be& for payment out of the Fund& conduct such en0uiry as it deems
necessary and dispose of the applications within five months from the date of receipt thereof-
!d# record in the minutes boo; of the $rustee +ommittee& its decisions on the
applications-
!e# pay to the members of the Fund or their nominees or le/al heirs& as the case may be&
the amounts at the rates specified in .chedule I-
!f# send such periodical and annual reports as may be prescribed& to the appropriate
,overnment and the .tate Bar +ouncil-
!/# communicate to the applicants& by re/istered post with ac;nowled/ment due or
throu/h electronic mode& the decisions of the $rustee +ommittee in respect of applications for
admission or re-admission as members to the Fund or claims to the benefit of the Fund-
!h# do such other acts as are& or may be& re0uired to be done under this Act and the rules
made thereunder.
12. .orro:i#5 %#$ i#,!)t'!#t.!"# $he $rustee +ommittee may& with the prior approval of the
appropriate ,overnment and the .tate Bar +ouncil& borrow& from time to time& any sum re0uired
for carryin/ out the purposes of this Act.
!'# $he $rustee +ommittee shall deposit all monies and receipts formin/ part of the Fund in any
scheduled ban; or invest the same in debt instruments of any corporation owned or controlled by
the appropriate ,overnment or in loans floated by the appropriate ,overnment or in any other
manner as the .tate Bar +ouncil may& from time to time& direct with the prior approval of the
appropriate ,overnment.
!*# All amounts due and payable under this Act and all e)penditure relatin/ to the mana/ement
and administration of the Fund shall be paid out of the Fund.
1+. A&&o-#t) %#$ %-$it.!"# $he $rustee +ommittee shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts and annual report in such form
and in such manner as may be prescribed.
!'# $he accounts of the $rustee +ommittee shall be audited annually by a chartered accountant
appointed by the .tate Bar +ouncil.
!*# $he accounts of the $rustee +ommittee as audited by the chartered accountant to/ether with
his audit report shall be forwarded to the .tate Bar +ouncil by 1that +ommittee and the .tate Bar
+ouncil may issue such directions& as it deems fit& to the $rustee +ommittee in respect thereof.
!6# $he $rustee +ommittee shall comply with the directions issued by the .tate Bar +ouncil under
sub-section !*#.
!4# $he $rustee +ommittee shall pay from the Fund the char/es for the audit as may be fi)ed by
the .tate Bar +ouncil.
1/. Po:!r) %#$ $-ti!) o( S!&r!t%r6.$he .ecretary of the $rustee +ommittee shall
!a# be the chief e)ecutive authority of the $rustee +ommittee and responsible for carryin/
out its decisions-
!b# represent the $rustee +ommittee in all suits and proceedin/s for and a/ainst the
$rustee +ommittee-
!c# authenticate by his si/nature all decisions and instruments of the $rustee
+ommittee-
!d# operate ban; account of the $rustee +ommittee 8ointly with the +hairperson-
!e# convene meetin/s of the $rustee +ommittee and prepare minutes of such
meetin/s-
!f# attend meetin/s of the $rustee +ommittee with all the necessary records and
information-
!/# maintain such forms& re/isters and other records as may be prescribed from
time to time and do all correspondence relatin/ to the $rustee +ommittee.
!h# prepare an annual statement of business transacted by the $rustee +ommittee
durin/ a financial year-
!i# do such other acts as are or may be directed by the $rustee +ommittee and the .tate
Bar +ouncil.
11. P%6'!#t o( &!rt%i# 'o#i!) to F-#$ 06 St%t! .%r Co-#&i.$he .tate Bar +ouncil shall
pay to the Fund annually an amount e0ual to twenty per cent of the enrolment fee received by it
under clause !f# of .ection '6 of the Advocates Act& "23" !'4 of "23"#.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER IV
RECO;NITION OF ANY ASSOCIATION OF ADVOCATES
14. R!&o5#itio# 06 % St%t! .%r Co-#&i o( %#6 %))o&i%tio# o( %$,o&%t!).!"# Any association
of advocates ;nown by any name which is re/istered as an association before the date of
commencement of this Act may& before the date to be notified by a .tate Bar +ouncil in this
behalf& apply for reco/nition to the .tate Bar +ouncil in such form as may be prescribed.
!'# Any association of advocates ;nown by any name which is re/istered as an association on or
after the date commencement of this Act may& within three months from the date of its re/istration
as an association& apply for reco/nition to the .tate Bar +ouncil in such form as may be
prescribed.
!*# Avery application for reco/nition under sub-section !"# or sub-section !'# shall be
accompanied by&
!a# a copy of the rules or bye-laws of the association-
!b# names and addresses of office bearers of the association-
!c# a list of members of the association containin/ the name& address& a/e& enrolment
number and date of enrolment with the .tate Bar +ouncil and the ordinary place of practice of
each member.
!6# $he .tate Bar +ouncil may& after such en0uiry as it deems necessary& reco/nise the
association and issue a certificate of reco/nition in such form as may be prescribed.
!4# $he decision of the .tate Bar +ouncil on any matter re/ardin/ reco/nition of an association
under sub-section !6# shall be final.
Explanation.In this section& re/istered means re/istered or deemed to be re/istered under the
.ocieties Re/istration Act& "73( !'" of "73(#& or any other law for the time bein/ in force.
17. D-ti!) o( St%t! .%r A))o&i%tio#) %#$ St%t! A$,o&%t!)* A))o&i%tio#).!"# Avery .tate
Bar Association and .tate Advocates Association shall& on or before the "4th day of April of
every year& furnish to the .tate Bar +ouncil a list of its members as on the *"st day of ?arch of
that year.
!'# Avery .tate Bar Association and .tate Advocates Association shall inform the .tate Bar
+ouncil of
!a# any chan/e in the membership includin/ admissions and re-admissions within thirty
days of such chan/e-
!b# the death or other cessation of practice or voluntary suspension of practice of any of its
members within thirty days from the date of occurrence thereof-
!c# such other matters as may be re0uired by the .tate Bar +ouncil from time to time.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER V
MEM.ERSHIP AND PAYMENT OUT OF ADVOCATES* WELFARE FUND
18. M!'0!r)hi3 i# F-#$.!"# Avery advocate practisin/& before the commencement of this Act&
in any court& tribunal or other authority in a .tate and bein/ a member of a .tate Bar Association
or a .tate Advocates Association in that .tate& shall apply& within si) months of the
commencement of this Act& to the $rustee +ommittee for admission as a member of the Fund& in
such form as may be prescribed.
!'# Avery person&
!a# admitted as an advocate on the roll of a .tate Bar +ouncil& after the
commencement of this Act-
!b# practisin/ in any court& tribunal or other authority in a .tate and bein/ a member
of a .tate Bar Association or a .tate Advocates Association in that .tate&
shall apply& within si) months of his enrolment as an advocate& to the $rustee +ommittee& for
admission as a member of the Fund in such form as may be prescribed.
!*# 9n receipt of an application under sub-section !"# or sub-section !'#& the $rustee +ommittee
shall ma;e such en0uiry as it deems fit and either admit the applicant to the Fund or& for reasons
to be recorded in writin/& re8ect the application:
Provided that no order re8ectin/ an application shall be passed unless the applicant has been
/iven an opportunity of bein/ heard.
!6# Avery applicant shall pay an application fee of two hundred rupees alon/ with the application
to the account of the $rustee +ommittee.
!4# Avery advocate& bein/ a member of the Fund& shall pay an annual subscription of fifty rupees
to the Fund on or before the *"st day of ?arch of every year:
Provided that every advocate& who ma;es an application under sub-section !"# or sub-section !'#&
shall pay his first annual subscription within three months of his becomin/ a member of the Fund:
Provided further that a senior advocate shall pay an annual subscription of one thousand rupees.
!3# Any member of the Fund& who fails to pay the annual subscription for any year before the *"st
day of ?arch of that year& shall be liable to be removed from the membership in the Fund.
!1# A member of the Fund removed from the membership in the Fund under sub-section !3# may
be re-admitted to the Fund& on payment of arrears alon/ with re-admission fee of ten rupees&
within si) months from the date of such removal.
!7# Avery member of the Fund shall& at the time of admission to the membership in the Fund&
ma;e nomination conferrin/ on one or more of his dependants the ri/ht to receive& in the event of
his death& any amount payable to the member under this Act.
!2# If a member of the Fund nominates more than one person under sub-section !7#& he shall
specify in the nomination& the amount or share payable to each of the nominees.
!"(# A member of the Fund may& at any time& cancel a nomination by sendin/ a notice in writin/ to
the $rustee +ommittee.
!""# Avery member of the Fund& who cancels his nomination under sub-section !"(#& shall ma;e a
fresh nomination alon/ with re/istration fee of five rupees.
!"'# Avery member of the Fund& whose name has been removed from the .tate roll under
.ection '3A of the Advocates Act& "23"& !'4 of "23"#& or who voluntarily suspends practice& shall&
within fifteen days of such removal or suspension& intimate such removal or suspension to the
$rustee +ommittee and if any member of the Fund fails to do so without sufficient reason& the
$rustee +ommittee may reduce& in accordance with such principles as may be prescribed& the
amount payable to that member under this Act.
19. Ex gratia 5r%#t to % '!'0!r o( F-#$.$he $rustee +ommittee on an application made to it
by a member of the Fund& and after bein/ satisfied about the /enuineness of the claim& may allow
ex gratia /rant to such member from the Fund
!a# in the case of his hospitalisation or involvin/ ma8or sur/ical operation- or
!b# if he is sufferin/ from tuberculosis& leprosy& paralysis& cancer& unsoundness of mind or
from such other serious disease or disability.
20. R!,i!:.$he $rustee +ommittee may& on its own motion or on an application received from
any person interested& within ninety days of the passin/ of any order by it under the provisions of
this Act& review such order& if it was passed under any mista;e& whether of fact or of law or in
i/norance of any material fact:
Provided that the $rustee +ommittee shall not pass any order under this section adversely
affectin/ any person unless such person has been /iven an opportunity of bein/ heard.
21. P%6'!#t o( %'o-#t o# &!))%tio# o( 3r%&ti&!.!"# Avery advocate who has been a member
of the Fund for a period of not less than five years shall& on his cessation of practice& be paid an
amount at the rate specified in .chedule I:
Provided that where the $rustee +ommittee is satisfied that a member of the Fund ceases to
practice within a period of five years from the date of his admission as a member of such Fund as
a result of any permanent disability& the $rustee +ommittee may pay such member an amount at
the rate specified in .chedule I.
!'# %here a member of the Fund dies before receivin/ the amount payable under sub-section !"#&
his nominee or le/al heir& as the case may be& shall be paid the amount payable to the deceased
member of the Fund.
22. R!)tri&tio# o# %i!#%tio#, %tt%&h'!#t, !t&., o( i#t!r!)t o( '!'0!r i# F-#$.!"# $he
interest of any member in the Fund& or the ri/ht of a member of the Fund or his nominee or le/al
heir to receive any amount from the Fund& shall not be assi/ned& alienated& or char/ed and shall
not be liable to attachment under any decree or order of any court& tribunal or other authority.
!'# Bo creditor shall be entitled to proceed a/ainst the Fund or the interest therein of any member
of the Fund or his nominee or le/al heir.
Explanation.For the purposes of this section& creditor includes the .tate or an official assi/nee
or official receiver appointed under the law relatin/ to insolvency for the time bein/ in force.
2+. E"!'3tio# (ro' i#&o'! t%".Botwithstandin/ anythin/ contained in the Income-ta) Act&
"23" !6* of "23"#& or any other enactment for the time bein/ in force relatin/ to ta) on income&
profits or /ains& the income accrued to the Fund constituted under sub-section !"# of .ection *
shall be e)empt from income-ta).
2/. ;ro-3 Li(! I#)-r%#&! (or '!'0!r) o( F-#$ %#$ oth!r 0!#!(it).$he $rustee +ommittee
may& for the welfare of the members of the Fund&
!a# obtain& from the =ife Insurance +orporation of India or any other insurer& policies
of ,roup Insurance on the life of the members of the Fund- or
!b# provide& in such manner as may be prescribed& for medical and educational
facilities for the members of the Fund and their dependants- or
!c# provide monies to the members of the Fund for purchase of boo;s- or
!d# provide monies to construct or maintain common facilities for the members of
the Fund:
Provided that the $rustee +ommittee shall spend ten per cent of the total annual
subscription received under sub-section !4# of .ection "7 on the construction or maintenance of
common facilities for the member of the Fund practisin/ in the subordinate courts- or
!e# provide funds for any other purpose which the $rustee +ommittee may specify-
or
!f# provide for such other benefits as may be prescribed.
21. A33!% %5%i#)t $!&i)io# or or$!r o( Tr-)t!! Co''itt!!.!"# An appeal a/ainst any
decision or order of the $rustee +ommittee shall lie to the .tate Bar +ouncil.
!'# $he appeal shall be in the prescribed form and shall be accompanied by
!a# a copy of the decision or order appealed a/ainst-
!b# a receipt evidencin/ payment of twenty-five rupees to the credit of the .tate Bar +ouncil
in any of the branches of a scheduled ban;.
!*# $he appeal shall be filed within thirty days from the date of receipt of the decision or order
appealed a/ainst.
!6# $he decision of the .tate Bar +ouncil on such appeal shall be final.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER VI
PRINTIN;, DISTRI.UTION AND CANCELLATION OF STAMPS
24. Pri#ti#5 %#$ $i)tri0-tio# o( A$,o&%t!)* W!(%r! F-#$ St%'3) 06 St%t!
.%r Co-#&i.!"# $he appropriate ,overnment shall& on a re0uest made by the
.tate Bar +ouncil in this behalf& cause to be printed and distributed Advocates
%elfare Fund .tamps of the value of five rupees or such other value& which may
be prescribed& inscribin/ therein Advocates %elfare Fund .tamp& in such
desi/n as may be prescribed.
!'# Avery stamp referred to in sub-section !"# shall be of the si:e '.46 c.m. by
4.(7 c.m. and sold to the advocates.
!*# $he custody of the stamps shall be with the .tate Bar +ouncil.
!6# $he .tate Bar +ouncil shall control the distribution and sale of the stamps
throu/h the .tate Bar Associations and the .tate Advocates Associations.
!4# $he .tate Bar +ouncil& the .tate Bar Associations and the .tate Advocates
Associations shall ;eep proper accounts of the stamps in such form and manner
as may be prescribed.
!3# $he .tate Bar Associations and .tate Advocates Associations shall
purchase the stamps from the .tate Bar +ouncil after payin/ the value thereof as
reduced by ten per cent of such value towards incidental e)penses.
27. V%<%%t#%'% to 0!%r )t%'3).!"# Avery advocate shall affi) stamp of a
value of
!a# five rupees on every <a;alatnama filed by him in a >istrict +ourt or a
court subordinate to the >istrict +ourt-
!b# ten rupees on every <a;alatnama filed by him in a tribunal or other
authority or a @i/h +ourt or the .upreme +ourt:
Provided that the appropriate ,overnment may prescribe the value of the stamps
not e)ceedin/ twenty-five rupees to be affi)ed under this sub-section:
Provided further that the appropriate ,overnment may prescribe different value
of the stamps to be affi)ed on every <a;alatnama to be filed in a >istrict +ourt& or
a court subordinate to the >istrict +ourt or a tribunal or other authority or a @i/h
+ourt or the .upreme +ourt.
!'# the value of the stamp shall neither be the cost in a case nor be collected in
any event from the client.
!*# Any contravention of the provisions of sub-section !"# or sub-section !'# by
any advocate shall disentitle him either in whole or in part to the benefits of the
Fund and the $rustee +ommittee shall report such contravention to the .tate Bar
+ouncil for appropriate action.
!6# Avery stamp affi)ed on every <a;alatnama filed before a >istrict +ourt or a
court subordinate to the >istrict +ourt or a tribunal or other authority or a @i/h
+ourt or the .upreme +ourt shall be cancelled in such manner as may be
prescribed.
THE ADVOCATES' WELFARE FUND ACT, 2001
CHAPTER VII
MISCELLANEOUS
28. C!rt%i# 3!r)o#) #ot to 0! !i5i0! (or 0!#!(it).Bo senior advocate or a person& in receipt
of pension from the +entral ,overnment or a .tate ,overnment& shall be entitled to ex gratia
/rant under .ection "2 or payment of amount on his cessation of practice under .ection '" or
any benefit under clause !a# or clause !b# or clause !c# of .ection '6.
29. Prot!&tio# o( %&tio# t%<!# i# 5oo$ (%ith.Bo suit& prosecution or other le/al proceedin/s
shall lie a/ainst the appropriate ,overnment or the $rustee +ommittee or the +hairperson or a
?ember or the .ecretary of the $rustee +ommittee or the .tate Bar +ouncil or any person for
anythin/ which is in /ood faith done or intended to be done under this Act or the rules made
thereunder.
+0. .%r o( =-ri)$i&tio# o( &i,i &o-rt).Bo civil court shall have 8urisdiction to settle& decide or
deal with any 0uestion or to determine any matter which is by or under this Act re0uired to be
settled& decided or dealt with or to be determined by the $rustee +ommittee or the .tate Bar
+ouncil.
+1. Po:!r to )-''o# :it#!))!) %#$ t%<! !,i$!#&!.$he $rustee +ommittee and the .tate
Bar +ouncil shall& for the purpose of any en0uiry under this Act& have the same powers as are
vested in a civil court while tryin/ a suit under the +ode of +ivil Procedure& "2(7 !4 of "2(7#& in
respect of the followin/ matters& namely:
!a# enforcin/ the attendance of any person or e)aminin/ him on oath-
!b# re0uirin/ the discovery and production of documents-
!c# receivin/ evidence on affidavit-
!d# issuin/ commissions for the e)amination of witnesses-
!e# any other matter which may be prescribed.
+2. Po:!r to %'!#$ S&h!$-!) I %#$ II.!"# $he appropriate ,overnment may& on the
recommendation of the $rustee +ommittee& by notification& and havin/ due re/ard to the
availability of the amount in the Fund& amend the rates specified in .chedule I.
!'# $he +entral ,overnment may& as and when considered necessary& by notification& amend
.chedule II.
++. Po:!r o( %33ro3ri%t! ;o,!r#'!#t to i))-! $ir!&tio#).!"# %ithout pre8udice to the
/enerality of the fore/oin/ provisions of this Act& the $rustee +ommittee shall& in e)ercise of the
powers or the performance of its functions under this Act& be bound by such directions on
0uestions of policy& other than those relatin/ to professional and administrative matters& as the
appropriate ,overnment may /ive in writin/ to it from time to time:
Provided that the $rustee +ommittee shall& as far as practicable& be /iven an opportunity to
e)press its views before any direction is /iven under this sub-section.
!'# $he decision of the appropriate ,overnment& whether a 0uestion is one of policy or not& shall
be final.
+/. Po:!r o( %33ro3ri%t! ;o,!r#'!#t to )-3!r)!$! Tr-)t!! Co''itt!!.!"# If at any time
the appropriate ,overnment is of the opinion
!a# that& on account of circumstances beyond the control of the $rustee +ommittee& it is
unable to dischar/e the functions or perform the duties imposed on it by or under the provisions
of this Act- or
!b# that the $rustee +ommittee has persistently defaulted in complyin/ with any direction
/iven by the appropriate ,overnment under this Act or in the dischar/e of the functions or
performance of the duties imposed on it by or under the provisions of this Act- or
!c# that circumstances e)ist which render it necessary in the public interest so to do&
the appropriate ,overnment may& by notification and for reasons to be specified
therein& supersede the $rustee +ommittee for such period& not e)ceedin/ si) months& as may be
specified in the notification and appoint& in consultation with the +hief Custice of the @i/h +ourt
havin/ 8urisdiction& a Cud/e of the @i/h +ourt to be the controller of the $rustee +ommittee:
Provided that before issuin/ any such notification& the appropriate ,overnment shall /ive a
reasonable opportunity to the $rustee +ommittee to ma;e representations a/ainst the proposed
supersession and shall consider the representations& if any& of the $rustee +ommittee.
!'# 5pon the publication of a notification under sub-section !"# supersedin/ the $rustee
+ommittee&
!a# the +hairperson& ?embers and the .ecretary of the $rustee +ommittee shall& as from
the date of supersession& vacate their offices as such-
!b# all powers& functions and duties which may& by or under the provisions of this Act& be
e)ercised or dischar/ed by or on behalf of the $rustee +ommittee shall& until the $rustee
+ommittee is reconstituted under sub-section !*#& be e)ercised and dischar/ed by the +ontroller
of the $rustee +ommittee- and
!c# all properties and Fund owned or controlled by the $rustee +ommittee shall& until the
$rustee +ommittee is reconstituted under sub-section !*#& vest in the appropriate ,overnment.
!*# 9n or before the e)piration of the period of supersession specified in the notification issued
under sub-section !"#& the appropriate ,overnment shall reconstitute the $rustee +ommittee by a
fresh appointment of its +hairperson& ?embers and .ecretary of such +ommittee and in such
case a person who had vacated his office under clause !a# of sub-section !'# shall not be deemed
to be dis0ualified for reappointment.
!6# $he appropriate ,overnment shall cause a copy of the notification issued under sub-section
!"# and a full report of any action ta;en under this section and the circumstances leadin/ to such
action to be laid before each @ouse of Parliament or before each @ouse of the .tate =e/islature&
where it consists of two @ouses or where such =e/islature consists of one @ouse& before that
@ouse& as the case may be& at the earliest.
+1. Po:!r o( C!#tr% ;o,!r#'!#t to '%<! r-!).!"# $he +entral ,overnment& bein/ the
appropriate ,overnment& may& by notification& ma;e rules for carryin/ out the provisions of this
Act.
!'# In particular& and without pre8udice to the /enerality of the fore/oin/ power& such rules may
provide for all or any of the followin/ matters& namely:
!a# the periodical and annual reports to be sent under clause !f# of .ection ""-
!b# the form and the manner in which the annual statement of accounts and annual report
shall be prepared under sub-section !"# of .ection "*-
!c# the forms& re/isters and other records to be maintained under clause !/# of .ection "6-
!d# the form in which an association of advocates may apply for reco/nition to the .tate Bar
+ouncil under sub-section !"# or sub-section !'# of .ection "3-
!e# the form in which a certificate of reco/nition shall be issued by the .tate Bar +ouncil
under sub-section !6# of .ection "3-
!f# the form in which an advocate shall apply for admission as a member of the Fund
under sub-section !"# or sub-section !'# of .ection "7-
!/# the principles in accordance with which the amount payable to a member of the Fund be
reduced under sub-section !"'# of .ection "7-
!h# the manner of providin/ medical and educational facilities for the members of the Fund
and their dependants under clause !b# of .ection '6-
!i# the other benefits to be provided under clause !f# of .ection '6-
!8# the form of appeal under sub-section !'# of .ection '4-
!;# the value and desi/n of stamps to be printed and distributed under sub-section !"# of
.ection '3-
!l# the form and the manner in which accounts of the stamps shall be ;ept under sub-
section !4# of .ection '3-
!m# the value of stamps not e)ceedin/ twenty-five rupees as may be prescribed under the
first proviso to sub-section !"# of .ection '1-
!n# the value of stamps to be affi)ed on every <a;alatnama under the second proviso to
sub-section !"# of .ection '1-
!o# the manner of cancellation of stamps under sub-section !6# of .ection '1-
!p# any other matter which is to be& or may be& prescribed.
+4. Po:!r o( St%t! ;o,!r#'!#t to '%<! r-!).!"# $he .tate ,overnment& bein/ the
appropriate ,overnment& may& by notification& ma;e rules for carryin/ out the provisions of this
Act and not inconsistent with the rules& if any& made by the +entral ,overnment.
!'# In particular and without pre8udice to the /enerality of the fore/oin/ power& such rules may
provide for all or any of the followin/ matters& namely:
!a# the periodical and annual reports to be sent under clause !f# of .ection ""-
!b# the form and the manner in which the annual statement of accounts and annual report
shall be prepared under sub-section !"# of .ection "*-
!c# the forms& re/isters and other records to be maintained under clause !/# of .ection "6-
!d# the form in which an association of advocates may apply for reco/nition to the .tate Bar
+ouncil under sub-section !"# or sub-section !'# of .ection "3-
!e# the form in which a certificate of reco/nition shall be issued by the .tate Bar +ouncil
under sub-section !6# of .ection "3-
!f# the form in which an advocate shall apply for admission as a member of the Fund
under sub-section !"# or sub-section !'# of .ection "7-
!/# the principles in accordance with which the amount payable to a member of the Fund be
reduced under sub-section !"'# of .ection "7-
!h# the manner of providin/ medical and educational facilities for the members of the Fund
and their dependants under clause !b# of .ection '6-
!i# the other benefits to be provided under clause !f# of .ection '6-
!8# the form of appeal under sub-section !'# of .ection '4-
!;# the value and desi/n of stamps to be printed and distributed under sub-section !"# of
.ection '3-
!l# the form and the manner in which accounts of the stamps shall be ;ept under sub-
section !4# of .ection '3-
!m# the value of stamps not e)ceedin/ twenty-five rupees as may be prescribed under the
first proviso to sub-section !"# of .ection '1-
!n# the value of stamps to be affi)ed on every <a;alatnama under the second proviso to
sub-section !"# of .ection '1-
!o# the manner of cancellation of stamps under sub-section !6# of .ection '1-
!p# any other matter which is to be& or may be& prescribed.
+7. R-!) %#$ #oti(i&%tio#) to 0! %i$ 0!(or! P%ri%'!#t or St%t! L!5i)%t-r!.!"# Avery rule
made under this Act by the +entral ,overnment and every notification issued under .ection *'&
shall be laid& as soon as may be after it is made or issued& before each @ouse of Parliament&
while it is in session for a total period of thirty days which may be comprised in one session or in
two or more successive sessions& and if& before the e)piry of the session immediately followin/
the session or the successive sessions aforesaid& both @ouses a/ree in ma;in/ any modification
in the rule or notification or both @ouses a/ree that the rule or notification should not be made or
issued& the rule or notification shall thereafter have effect only in such modified form or be of no
effect& as the case may be- so& however& that any such modification or annulment shall be without
pre8udice to the validity of anythin/ previously done under that rule or notification.
!'# Avery rule made under this Act by a .tate ,overnment and every notification issued under
.ection *' shall be laid& as soon as may be after it is made& before each @ouse of .tate
=e/islature where it consists of two @ouses& or where such =e/islature consists of one @ouse&
before that @ouse.
+8. S%,i#5.$he provisions of this Act shall not apply to the .tates in which the enactments
specified in .chedule II are applicable.
SCHEDULE I
DSee sections '"!"# and *'!"#E
Number of years as member of the
Fund
Rate at which amount
payable
!"# !'#
*( Rs. *(&(((
'2 Rs. '2&(((
'7 Rs. '7&(((
'1 Rs. '1&(((
'3 Rs. '3&(((
'4 Rs. '4&(((
'6 Rs. '6&(((
'* Rs. '*&(((
'' Rs. ''&(((
'" Rs. '"&(((
'( Rs. '(&(((
"2 Rs. "2&(((
"7 Rs. "7&(((
"1 Rs. "1&(((
"3 Rs. "3&(((
"4 Rs. "4&(((
"6 Rs. "6&(((
"* Rs. "*&(((
"' Rs. "'&(((
"" Rs. ""&(((
"( Rs. "(&(((
2 Rs. 2&(((
7 Rs. 7&(((
1 Rs. 1&(((
3 Rs. 3&(((
4 Rs. 4&(((
6 Rs. 6&(((
* Rs. *&(((
' Rs. '&(((
" Rs. "&(((

SCHEDULE II
DSee sections *'!'# and *7E
". $he 5ttar Pradesh Advocates %elfare Fund Act& "216 !3 of "216#.
'. $he Bihar .tate Advocates %elfare Fund Act& "27* !"3 of "27*#.
*. $he ?adhya Pradesh Adhiva;ata Falyan Bidhi Adhiniyam& "27' !2 of "27'#.
6. $he Andhra Pradesh Advocates %elfare Fund Act& "271 !** of "271#.
4. $he 9rissa Advocates %elfare Fund Act& "271 !"7 of "271#.
3. $he Ra8asthan Advocates %elfare Fund Act& "271 !"4 of "271#.
1. $he $amil Badu Advocates %elfare Fund Act& "271 !62 of "271#.
7. $he ,u8arat Advocates %elfare Fund Act& "22" !"6 of "22"#.
2. $he ,oa Advocates %elfare Fund Act& "224 !' of "221#.
"(. $he Assam Advocates %elfare Fund Act& "227 !G<III of "222#.
"". $he ?aharashtra Advocates %elfare Fund Act& "27" !=GI of "27"#.
"'. $he @imachal Pradesh Advocates %elfare Fund Act& "223 !"6 of "223#.
"*. $he Ferala Advocates %elfare Fund Act& "27( !'" of "27(#.
"6. $he Farnata;a Advocates %elfare Fund Act& "27* !' of "274#.
"4. $he %est Ben/al Advocates %elfare Fund Act& "22" !GIII of "22"#.
"3. $he Cammu and Fashmir Advocates %elfare Fund Act& "221 !GG<I of "221#.