ADVOCATES WELFARE FUND ACT BY PRAGYA KUMAR

The presentation has its roots in advocate welfare committee of Bar Council Of India which comprise of the concept "Advocates welfare fund Act, 2001"

1. PROFESSIONAL ETHICS “ ADVOCATES WELFARE FUND ACT, 2001” BY: PRAGYA KUMAR AMITY LAW SCHOOL NOIDA BATCH: 2019-2022

2. INTRODUCTION The Advocates Welfare Committee examines the applications made by advocates through the various State Bar Councils for welfare funds. The Committee shall validate the application and distribute the funds. The Advocates Welfare Committee has the authorization of the Advocates Welfare Fund Act , 2001. The State Bar Council shall pay to the Fund, on an annual basis, an amount equal to twenty per cent of the enrolment fee received by it from the advocates as given under Section 24 (1) (f) of the Advocates Act, 1961 which sates that they need to pay an enrollment fee of Rs. 600 to the respective state bar council and Rs. 150 to the bar council of India. These payments should be made using separate demand draft,

3. Advocates' Welfare Fund Act, 2001  This Act came into effect on 14 September 2001. It applies to the whole of India, except in those state s which already have their own state welfare fund act in place. The legislation on the welfare fund of advocates, 2001 is specifically intended for the welfare of advocates. There is a fund set up for the benefit of the advocates. This is simply a mixture of rules , laws and ideals that are created for the good of the advocates.

4. CONTD. The Act explains how the fund is made, who makes it, and which the act refers. Furthermore, the act also clarifies how the protection of the advocates is handled and to what degree it is relevant. The Advocates' Welfare Fund shall be composed of State Governments for the advocates admitted to the Bar Councils of the respective States and of the Central Government for the advocates admitted to the Bar Councils of the Union Territories.

5. How is the welfare fund shaped for advocates? First, this fund is created by the government according to Section 3 of the Act. Then the fund should be credited. 1) Any amount which is 20% of the enrolment fee received by the State Bar Council. 2) Any other contribution from the State Bar Council. 3) Any voluntary donation or contribution by the Bar Council of India, any State Bar Association, any State Advocates' Association or any other association or institution, or any advocate or other person to the Fund. 4) Any grant that may be made to the Fund by the Central Government or a Government of a State 5) Any amount borrowed from the State Bar Council

6. CONTD. 6) Amount of all members' application fees to the fund 7) An annual Rs 50 subscription collected from each member who is not a senior lawyer and Rs 1000 from senior lawyers 8) Any amounts received from India's Life Insurance Corporation or any other insurer on the death of any member of the Fund 9) Any interest, dividend or other return on any investment arising from any portion of the Fund 10) All amounts earned from stamp sales.

7.  Advocates welfare fund stamps  Sections 26 and 27 of the Act deal with the different rules relating to the Welfare Fund Stamp for Advocates. Section 27 of the Act specifies that each advocate affix a stamp of a value ranging from Rs 5 to Rs 25 on each Vakalatnama he files. The value of the stamp to be appended will depend on the character of the court where the Vakalatnama was filed. (A) five rupees for each Vakalatnama filed by him before a District Court or a court inferior to the District Court; (b) ten rupees for each Vakalatnama filed by him before a tribunal or other authority or a High Court or the Supreme Court;

8. Sources of income represented by the Advocates Welfare Fund Pursuant to S ection 3(1) of the Act, the Central Government of India has established an Advocates Welfare Fund to vide its notification in the official gazette. Section 3(2) provides that the balance in this fund is credited to different sources, mentioned below: The State Bar Council is expected to pay an sum equal to twenty-five per cent of the enrolment fee it earns in this fund annually under Section 15 The Bar Council of India, any State Bar Association and any State Advocates' Association will contribute voluntarily to this fund portion under Section3(2)(c) Any contribution to this fund from the central government or the state government under Section 3(2)(d) Even the trustee committee can remove the money from this fund with the prior approval of the government or state bar council concerned. An application fee of Rs 200 collected from every applicant at the time of application for membership to the fund under Section 18(4)

9. CONTD. 6.  An annual Rs 50 subscription received from each member who is not a senior advocate under Section 18(5) 7. An annual Rs 1000 subscription received from each member who is a senior advocate under Section 18(5) 8.  Any amount earned on the death of any member by the Life Insurance Corporation of India or by any other insurer. 9.  Any proceeds or dividends or refunds earned from India's Life Insurance Company or any other insurer. 10. Any interest or dividend or other return on any investment derived from any portion of the fund

10. formation of Trustee Committee The Trustee Committee shall consist of the following as referred to in S ection 4 of the Advocates' Welfare Fund Act, 2001 : The Advocate General of a state or in the absence of an advocate general, the appropriate government may appoint a senior advocate to be the chairperson. The secretary in its Law department to be a member. The secretary in its Home department to be a member. The chairman of the State Bar Council to be a member. The Public Prosecutor or the government Pleader to be a member. Two advocates nominated by the State Bar Council. The secretary of the State Bar Council to be its secretary.

11.  ROLE & functions of the Trustee Committee The book of minutes allows the trustee committee to report its decisions on the applications. To keep in trust the sums and properties that belong to the fund To accept the applications or to renew the applications as members of the fund and to dispose of them within 90 days of the date of receipt The Committee shall make payment from the fund and perform such interrogations with each and every member as it considers necessary. They are required to submit to the appropriate government and the State Bar Council such periodic and annual reports as may be prescribed.  

12. meeting of the Trustee Committee Three members of the trustee committee shall form the quorum for a meeting and meet at least once in every three calendar months and at least four such meetings shall be held each year for the purpose of transacting business under this Act and the rules laid down therein.

13.  tenure of the members of the Trustee Committee The elected Chairperson shall hold office for a term not exceeding three years from the date on which he occupies his office. Each Trustee Committee member shall hold office for a term not exceeding three years from the date on which he enters office.

14. duties of the state bar associations and state advocates associations The duties are- On the 15th day of April of each year, each State Bar Association and State Advocates' Association shall present a list of its members to the State Bar Council as it was on the 31st of March of that year. Each State Bar Association and State Advocates' Association shall notify the State Bar Council that- (A) any change of membership, including admissions and re-admissions within thirty days of transition (B) the death or other termination of practice or voluntary suspension of practise by any of its members within thirty days.

15. How can a person be the member in the WELFARE fund? Any lawyer practicing in any court, tribunal or other jurisdiction in a State and being a member of a State Bar Association or a State Advocates' Association in that State shall apply to the Trustee Committee for admission to the Fund within six months. Every applicant shall pay an application fee of two hundred rupees along with the application to the account of the Trustee Committee. Every advocate, being a member of the Fund, shall pay an annual subscription of fifty rupees to the Fund.

16. REMOVAL OF member or chairman of trustee committee The responsible government shall exclude any person who has been declared insolvent or who has become physically or mentally incapable of serving as chairman or member or who has been convicted of any offence that is immoral. Or any person who is absent without leave from the Trustee Committee for more than three consecutive meetings of the Trustee Committee Provided that the Trustee Committee can, on appropriate grounds, approve the absence of such Chairman or Member.

17. Whether anyone else should obtain the amount? According to Section 22 , t he interest of any member in the fund or the right of the member in the fund or the applicant or legal heir to obtain any amount from the fund shall not be delegated, disallowed or charged and shall not be liable for attachment under any decision or order of any court, tribunal or other authority and it has also been specified that no creditor is entitled to proceed against the fund or the interest therein of any member or legal heir.

18. PERSON WHO are not eligible for benefits provided by the fund? No senior advocate or person earning a pension from the Central Government or the Government of the State shall be entitled to an ex gratia grant pursuant to [ Section 19] or payment of a sum for the termination of his practise pursuant to [ Section 21] or any other benefit.

19. COVID-19 AND WELFARE TRUST The KSBC(Karnataka State Bar Council) had setup a welfare fund under the Karnataka Advocates’ Welfare Fund Act 1983. About 1 lakh advocates are enrolled with the KSBC. At the time of enrollment, an advocate pays ₹2,100 towards the fund. Someone with less than 15 years of practice pays an annual subscription of ₹1,000. those above 15 years pay ₹2000. In addition, ₹50 and ₹30 are paid while filing valakat before the High Court and other courts respectively in each case and ₹20 while filing interim application. A petition by advocate H.C. Shivaramu, former Chairman of the Karnataka Bar Council, seeking release of ₹50,000 to each advocate is coming up for hearing before the High Court on May 5. as per the Act the welfare funds can be used in case of the death of an advocate, for medical relief in case of serious ailment, and when a senior advocate ceases to practice. The Act needs to be amended to help advocates in distress now

20. Vaibhav Sharma vs Advocates Welfare Trust Rs. 1 crore approved for indigent lawyers irrespective of whether they have COVID-19: Advocates Welfare Trustee Committee tells Delhi HC The Court was hearing a petition by Advocate Vaibhav Sharma seeking the instant release of an  ex gratia  amount of at least Rs 25,000 from the Advocates Welfare Fund, for the benefit of Delhi lawyers during the COVID-19 pandemic. The Court was informed that a decision had been taken by the Trustee Committee to extend financial relief to advocates who are facing financial troubles, irrespective of whether they have been infected by COVID-19. It was added that a sum of Rs 93 lakh was released by the Bar Council of Delhi in favour of the Welfare Trust. The process of inviting applications for the release of financial assistance would begin soon and that the money would be transferred through online mode.

21. K.N. Anil KUMAR v. Bar Council of India (WA. No. 422 of 2020)  This judgement came as an appeal from the judgement made by a single judge bench in the High Court of Kerala. The matter was regarding the Bar Council of India having sufficient power under the Advocates Act 1961, Kerala Advocates Welfare Fund Act 1980, and the Kerala Advocates’ Welfare Fund Rules 1981, to conduct an enquiry into any irregularities with funds worth Rs. 7 Crores, allegedly committed by members of the Trust Committee of the Bar Council of Kerala. As per section 7 (1) of the Advocates Act, the Bar Council must safeguard the rights, privileges and interests of all Advocates (sub-section d), must supervise and maintain control over the State Bar Councils (sub-section g) and may do all things necessary to discharge its functions (sub-section m). Section 12 (3) of the Advocates Act mandates that every State Bar Council must send its accounts  and auditors report to the Bar Council of India. Since the fund for the State Bar Council is constituted under the Advocates Act, the High Court found that the harmonious reading of section 7 would allow the Bar Council of India to enquire into any allegations of misappropriated funds.

22. Rajasthan Advocates Welfare Fund bill passed On 8 th March 2020 the Rajasthan assembly passed a bill for the Advocates welfare fund. The provision which was unanimously consented by all lawmakers is the increase in compensation from Rs 2.5 lakh to Rs 8 lakh for the families of the deceased lawyers below 45 years of age. A major point of opposition was raised by the minority of the house as the bill stated 7 lakh Rs as the upper limit for compensation but it stated it as 8 lakhs. This was further resolved by the majority as the amount was adjusted for inflation further. It has been sent to the SC for review and further scrutiny.