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The Himachal Pradesh Advocates Welfare Fund Act, 1996

(Himachal Pradesh Act No. 14 of 1996)

hp107

(a) "Advocate" means a person whose name has been entered in the State roll of advocates prepared and maintained by the Bar Council of Himachal Pradesh State under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a Bar Association;

(b) "Bar Association" means an association of advocates recognized and registered by the Bar Council under section 14;

(c) "Bar Council" means a Bar Council of Himachal Pradesh constituted under section 3 of the Advocates Act, 1961 (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 death or retirement or on account of his voluntary cessation of practice on the ground of permanent physical or mental disability;

(e) "dependents" means the spouse, parent and children dependent on the member of the Fund and includes his widowed daughter and major children who suffer from physical disability or insanity and who are maintained by him or such of them who survive on his death;

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

(g) "Government" means the Government of Himachal Pradesh;

(h) "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 the Act;

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

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

(k) "Stamp" means the Himachal Pradesh Advocates Welfare Fund Stamp printed and distributed under section 26;

(l) "State" means the State of Himachal Pradesh;

(m) "suspension of practice" means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct;

(n) "Trustee Committee" means the Himachal Pradesh Advocates Welfare Fund Trustee Committee constituted under section 4;

(o) "Vakalatnama" includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or institution or other authority legally authorized by any law to take evidence or to adjudicate or decide any dispute.

(a) an initial amount of ten thousand rupees or such other higher amount as the Bar Council may credited to this Fund at the time of its constitution;

(b) the amount paid by the Bar Council under section 13;

(c) any further contribution that may be made by the Bar Council;

(d) 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;

(e) any sum borrowed under section 11;

(f) all sums collected under section 17;

(g) all sums received from the Life Insurance Corporation of India on the death of a member of the Fund 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 return on any investment made of any part of the Fund; and

(j) all sums collected by way of sale of stamps under section 27.

(a) the Chairman of the Bar Council of Himachal Pradesh who shall be the Chairman of the Trustee Committee, Ex-officio;

(b) the Advocate General of the State of Himachal Pradesh, Ex-officio Member;

(c) the Secretary to the Government in Law Department, Ex-officio Member;

(d) two members nominated by the Government;

(e) three members of the Bar Council nominated by it; and

(f) the Secretary of the Bar Council who shall be the Secretary of the Trustee Committee, Ex-officio.

(a) becomes of unsound mind; or

(b) is adjudged insolvent; or

(c) is absent without leave of the Trustee Committee for more than three consecutive meetings of the Trustee Committee:

(d) is a defaulter to the Fund (in case he is a member of the Fund);

(e) is convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set-aside; or

(f) being a person nominated by the Bar Council-

(i) ceases to practise as an advocate under the Advocates Act, 1961 (25 of 1961); or

(ii) ceases to be member of the Bar Council; or

(iii) is debarred from practicing on the ground of professional misconduct.

(a) any vacancy or defect in the constitution of the Committee ;or

(b) any defect or irregularity in the nomination of any person as a member thereof; or

(c) any defect or irregularity in such act or proceeding not affecting the merits of the case.

(a) hold the amounts and assets belonging to the Fund trust;

(b) receive applications for admission or re-admission 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 legal heirs, as the case may be, for payment out of the Fund, and conduct such enquiry as it deems necessary for the disposal of such applications and dispose of the applications within ninety days from the date of receipt thereof;

(d) record in the minutes book of the trustee committee, its decisions on the applications;

(e) pay to the applicants amounts at the rates specified in the Schedule;

(f) send such periodicals and annual reports, as may be prescribed, to the government and the Bar council;

(g) communicate to the applicants, by post under certificate of posting, the decisions of the Trustee committee in respect of applications for admissions or re-admissions to the Fund or claims to the benefit of the fund;

(h) appoint such officers and servants as it may think necessary for carrying out the purposes of this Act on such terms and conditions as may be prescribed; and

(i) do such other acts as are, or may be, required to be done by it under this Act and the rules made thereunder.

(a) be the chief executive authority of Trustee Committee and responsible for carrying out its decisions;

(b) represent the Trustee Committee in all suits and proceedings for and against the Trustee Committee;

(c) authenticate by his signature all decisions and instructions of the Trustee Committee;

(d) operate the bank accounts of the Trustee Committee jointly with the Chairman or his nominee;

(e) convene meetings of the Trustee Committee and prepare its minutes;

(f) attend the meeting of the Trustee Committee with all the necessary records and information;

(g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee;

(h) prepare an annual statement of business transacted by the Trustee Committee during such financial year;

(i) inspect and verify periodically the accounts and registers of the Bar Associations regarding the sale of stamps and other matters connected therewith; and

(j) do such other acts as may be directed by the Trustee committee and the Bar Council.

(a) any change in its office-bearers or in its membership, including admissions and re-admissions, within thirty days of such change;

(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; and

(c) such other matters as may be required by the Bar Council from time to time.

(i) in the case of an applicant who, on the date of application has practised for a period of less than ten years, rupees one hundred; and

(ii) in the case of an applicant who, on the date of application has practised for a period of ten years or more, rupees two hundred :

(a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund;

(b) provide in such manner as may be prescribed for medical and educational facilities for the members of the Fund and their dependents; and

(c) provide for such other benefits as may be prescribed.

(a) in the case of hospitalization at least for one month or involving a major physical operation; or

(b) if he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from some other serious diseases or disabilities.

(a) a copy of the order appealed against; and

(b) a receipt evidencing payment of twenty-five rupees to the credit of the Bar Council in any of the branches of the State Bank of India in Himachal Pradesh.

(a) enforcing the attendance of any person or examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavit; and

(d) issuing commission for the examination of witnesses.

The Schedule

[See sections 9 (2) (e), 18 and 32]