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Himachal Pradesh Advocate's Clerks Welfare Fund Act, 2015

(Act No. 28 of 2015)

Last Updated 6th March, 2020 [hp273]

(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 under section 17 of the Advocates Act, 1961 and who is a member of a Bar Association or an Advocates Association;

(b) "Advocate's clerk" means a clerk employed by an Advocate and recognized by such authority and in such manner as may be prescribed and who is a member of an Advocate s Clerks Association;

(c) "Advocate's Clerks Association" means an Association of Advocate s clerks recognized and registered under section 13;

(d) "Bar Association" means an association of Advocates recognized and registered by the Bar Council under section 14 of the Himachal Pradesh Advocates Welfare Fund Act, 1996;

(e) "Bar Council" means the Bar Council of Himachal Pradesh constituted under section 3 of the Advocates Act, 1961;

(f) "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;

(g) "Committee" means the Himachal Pradesh Clerks Welfare Fund Committee constituted under section 4;

(h) "dependant" means any of the following relatives of a deceased member of the Fund, namely : -

(I) widow, minor legitimate son, unmarried legitimate daughter or widowed mother; and

(II) major legitimate son or legitimate married daughter who by virtue of infirmity is wholly dependant on the earnings of the member at the time of his death;

(i) "Fund" means the Himachal Pradesh Advocate's Clerks Welfare Fund constituted under section 3;

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

(k) "Member of the Fund" means an Advocate's clerk admitted to the benefit of the Fund and continuing to be a member thereof under the provisions of this Act;

(l) "notification" means a notification published in Rajpatra, Himachal Pradesh and the word 'notified' shall be construed accordingly;

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

(n) "retirement" means stoppage of employment as an Advocate's clerk for reason other than joining service or for carrying on any other gainful occupation,communicated to and recorded in the prescribed manner;

(o) "Schedule" means Schedule appended to this Act;

(p) "stamp" means the Himachal Pradesh Advocate s Clerks Welfare Fund stamp printed and distributed under section 12; and

(q) "vakalatnama' means a vakalatnama, memorandum of appearance or any other document by which an Advocate or any other local practitioner is empowered to appear and plead before any court, tribunal or other authority.

(a) all amounts collected by way of sale of stamps under section 12;

(b) any voluntary donations or contribution made to the Fund by the Bar Council, any Bar Association, any other Association or Institution, any Advocate or any other person;

(c) any sum borrowed under section 10;

(d) all sums received from the Life Insurance Corporation of India or any other Insurance Company on the death of a member of the Fund under a Group Insurance Policy;

(e) any profit or dividend received from the Life Insurance Corporation of India or any other Insurance Company on the death of a member of the Fund under a Group Insurance Policy;

(f) any interest or dividend or other returns on any investment made of any part of the Fund; and

(g) all sums collected under section 15.

(a)	the Chairman of the Himachal Pradesh Bar Council	-	ex-officio- Chairman;
(b)	the Secretary (Law)to the Government	-	ex-officio Member;
(c)	the Secretary (Home) to the Government	-	ex-officio Member;
(d)	the Secretary (Finance) to Government the	-	ex-officio Member;
(e)	the Registrar General of Himachal Pradesh High Court	-	ex-officio Member;
(f)	three members to be nominated from amongst the Advocate’s clerks by such authority and in such manner as may be prescribed, of whom one shall be nominated by the Committee as the State Treasurer of the Fund; and
(g)	the Secretary to be appointed by the Chairman in accordance with such regulations as may be made by the Committee in respect of the recruitment and conditions of service of the Secretary:

(a) becomes of unsound mind; or

(b) is adjudged as insolvent; or

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

(d) is a defaulter to the Fund (if he is a member of the Fund) or has committed breach of trust; or

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

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

(b) any defect or irregularity in 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;

(b) receive application for admission or readmission to the Fund and dispose of such applications within sixty days from the receipt thereof;

(c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payment out of the Fund;

(d) conduct such inquiry as it deems necessary, for the disposal of such applications and dispose of the applications within five months from the date of receipt thereof;

(e) record in the minutes book of the Committee its decision on the applications;

(f) pay to the applicants amount at the rates specified in the Schedule;

(g) maintain such accounts and books and send such periodicals and annual reports to the Bar Council, as may be prescribed;

(h) communicate to the applicants under certificate of posting the decision of the Committee in respect of applications for admission or re-admission to the Fund or claims to the benefit of the Fund; and

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

(a) be the Chief Executive Authority of the Committee and responsible for carrying out its decisions;

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

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

(d) operate the Bank Accounts of the Committee jointly with the Treasurer;

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

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

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

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

(i) do such other acts as may be directed by the Committee.

(a) any change of the office bearers of the Advocates Clerks Association within fifteen days from such change;

(b) any change in number of members including admission and re-admission within thirty days of such change;

(c) the death or retirement of any of its members within thirty days from the date of occurrence thereof; and

(d) such other matters as may be required by the Committee from time to time.

(a) take from the Life Insurance Corporation of India or any other Insurance Companies, policies of Group Insurance on the life of the members of the Fund; and

(b) provide for medical and educational facilities and such other benefits, as may be prescribed for the members of the Fund and their dependents.

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

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavit; and

(d) issuing commission to the examination of witnesses.

Schedule

[See sections 2(o), 9(2) (f), 16 (1) and (3)]