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Telangana Advocates' Welfare Fund Act, 1987

(Act No. 33 of 1987)

Last Updated 9th January, 2020 [tel271]

(a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Andhra Pradesh under section 17 of the Advocates' Act, 1961 (Central Act 25 of 1961). and who is practising as an advocate in the State of Andhra Pradesh;

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

(c) "Bar Council" means the Bar Council of Andhra Pradesh 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 on death or on grounds of professional misconduct;

(e) "dependent" means wife, husband, father, mother [and children or legal heirs];

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

(g) "Government" means the State Government;

(h) "member of the fund" means an advocate admitted to the benefit of the fund and continuing to be a member thereof under the provisions of this Act;

(i) "notification" means a notification published in the [Telangana Gazette], and the word "notified" shall be construed accordingly;

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

(k) "retirement" means stoppage of practice as an advocate for reasons other than joining service or for carrying on any other gainful occupation, communicated to, and recorded by the Bar Council;

(l) "Stamp" means the Andhra Pradesh Welfare Fund Stamp issued by the Government under section 12;

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

(n) "Welfare Fund Committee" means the Committee established under section 4;

(o) "Vakalat" means a Vakalatnama, memorandum of appearance or by any other document by which an advocate or any other legal practitioner is empowered to appear and plead before any court, tribunal, authority or person.

(a) all amounts paid under section 12;

(b) any 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 other association or institution, any advocate or any other person;

(d) any grant made by the Central Government or the State Government to the Fund;

(e) any sum borrowed under section 10;

(f) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of group insurance of the members of the Fund;

(g) any interest or dividend or other return on any investment made of any part of the Fund;

(h) all sums collected under section 15 by way of application fees and annual subscriptions and interest thereon.

(a) The Chairman of the Bar Council who shall be the Chairman of the Welfare Fund Committee, ex-officio;

(b) the Advocate-General of Andhra Pradesh, ex-officio;

(c) the Secretary to Government, Law and Legislative Affairs, ex-officio;

(d) the Secretary to Government, Law (Courts), ex-officio;

(e) the Secretary to Government, Revenue Department, ex-officio;

(f) the Registrar, High Court of Andhra Pradesh, ex-officio;

[(g) three members nominated by the Bar Council from amongst its members, as far as possible one each from the regions of Coastal Andhra, Telangana and Rayalaseema of whom one shall be nominated by the Committee as the Treasurer of the Fund.]

(h) the Secretary to the Bar Council who shall be Secretary, ex-officio of the Welfare Fund Committee without voting rights:

(a) becomes of unsound mind;

(b) is adjudged insolvent;

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

(d) is a defaulter to the Fund (in case 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 the election of any person as a member thereof;

(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 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 [dependent] as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary, for the disposal of such applications, and dispose of the applications within five months from the date of receipt thereof;

(d) record in the minutes books of the committee its decisions on the application;

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

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

(g) communicate to the applicants [under certificate of posting] the decisions of the committee in respect of applications for admission or re-admission to the Fund or claims to the benefit of the Fund;

(h) 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 its minutes;

(f) attend the meetings of the 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 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 and the Bar Council.

(a) any change of the office-bearers of the association within fifteen days from such change;

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

(c) the death, retirement or voluntary suspension of practice of any of its members within thirty days from the date of occurrance thereof; and

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

(b) Where an Advocate has already been admitted as a life-member prior to the commencement of the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 1994, he shall be deemed to have been admitted as a member under this section and shall continue to be such member.

(c) [xxx]

(d) Where a member ceases to practice he shall not be entitled for the refund of the subscription paid under this sub-section.]

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

(b) provide for a policy of Provident Fund for the members of the Fund;

(c) provide for medical facilities for the members of the Fund and their spouses; and

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

(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;

(d) issuing commissions for the examination of witnesses.

[Schedule]

(see section 9 and 16)