The Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992.

THE ANDHRA PRADESH ADVOCATES’ CLERKS WELFARE FUND ACT,
1992
ACT No. 13 OF 1992
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Advocates' Clerks' Welfare Fund
4. Establishment of Welfare Fund Committee
5. Disqualification and removal of nominated members of the Welfare Fund
Committee
6. Resignation by elected member of the Committee and filling up of casual
vacancies
7. Act of Committee not to be invalidated by defect etc
8. Vesting and application of Fund
9. Functions of the Committee
10. Borrowing and investment of Funds
11. Powers and duties of Secretary
12. Printing, Custody and Distribution of the Andhra Pradesh Advocates’
and their Clerks’ Welfare Fund Stamp
12-A. Apportionment of sale proceeds and the cost of printing of stamps
13. Recognition and Registration of Advocates' Clerks' Association
14. Duties of Advocates' Clerks' Associations
15. Membership of the Fund
15-A. Retired person is not eligible for membership
16. Payment from the Fund on cessation of employment
17. Group Life Insurance for members and other benefits
17-A. Restriction on alienation, attachment etc; of interest of member in
Fund
18. Meetings of the Committee
19. Travelling and Daily Allowances to Members of Committee
20. Review
21. Protection of action taken in good faith
22. Bar of jurisdiction to Civil Courts
23. Power to summon witnesses and take evidence
24. Power to make rules
THE ANDHRA PRADESH ADVOCATES’ CLERKS WELFARE FUND ACT,
1992
ACT No. 13 OF 1992
[15th April, 1992]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A WELFARE FUND FOR
THE BENEFIT OF ADVOCATES CLERKS IN THE STATE OF ANDHRA
PRADESH AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-third Year of the Republic of India, as follows:-
1. Short title, extent and commencement- (1) This Act may be called the
Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(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 practicing as an advocate
in the State of Andhra Pradesh;
(b) 'Bar Association' means an Association of Advocates recognised
by the Bar Council under section13;
(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 Employment' means removal of the name of an
Advocates' clerk from the State roll maintained by the Committee
on account of his retirement or on death;
(e) 'Committee' means the Andhra Pradesh Advocates' Clerks'
Welfare Fund Committee constituted under section 4;
(f) 'Dependent' means wife, husband, father, mother1[or children
legal heirs];
(g) 'Fund' means the Andhra Pradesh Advocates' Clerks' Welfare
Fund constituted under section 3;
(h) 'Government' means the State Government;
(i) 'Member of the Fund' means an Advocates' Clerk admitted to the
benefit of the fund and continuing to be a member thereof under
the provisions of this Act;
(j)'Notification' means a notification published in the Andhra
Pradesh Gazette; and the word 'Notified' shall be construed
accordingly;
(k) 'Prescribed' means prescribed by rules made under this Act;
(1) 'Recognised Clerk' means a clerk employed by an advocate and
recognised by such authority and in such manner as may be
prescribed;
(m) 'Retirement' means stoppage of employment as an Advocates'
Clerk for reasons other than joining service or for carrying on any
1. Substituted by the Act No.4 of 2003, S.3.
other gainful occupation, communicated to, and recorded in the
manner prescribed;
(n) 'Stamp' means the Andhra Pradesh Advocates' Clerks' Welfare
Fund Stamp issued by the Government under section 12;
(o)'Welfare Fund Committee' means the Committee established
under section 4;
(p) '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.
3. Advocates' Clerks' Welfare Fund- (1) With effect on and from the
commencement of this Act the Government shall, by notification constitute a
fund to be called the Andhra Pradesh Advocates' Clerks' Welfare Fund.
(2) There shall be credited to the Fund,-
(a) all amounts paid under section 12;
(b) any voluntary donation 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 grant made by the Central Government or the State
Government to the Fund;
(d) any sum borrowed under section 10;
(e) 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;
(f) any interest or dividend or other return on any investment made
of any part of the Fund;
(g) all sums collected under section 15 by way of application fees
and annual subscriptions and interest thereon.
(3) The sums specified in sub-section (2) shall be paid to, or collected by,
such agencies, at such intervals and in such manner, and the accounts of the
Fund shall be maintained in such manner, as may be prescribed.
4.Establishment of Welfare Fund Committee- (1) The Government may, by
notification, establish with effect on and from such date as may be specified
therein, a Committee to be called the Andhra Pradesh Advocates' Clerks'
Welfare Fund Committee.
(2) The Committee shall be a body corporate having perpetual succession
and a common seal with power to acquire, hold and dispose of property and
shall by the said name, sue and be sued.
(3) The Committee shall consist of,-
(a) the Chairman of the Bar Council who shall be the Chairman of
the Welfare Fund Committee, Ex-officio;
(b) the Secretary to Government, Legal Affairs or his nominee not
below the rank of a Deputy Secretary, Ex-officio;
(c) the Secretary to Government, Legislative in Affairs or his
nominee not below the rank of a Deputy Secretary, Ex-officio;
(d) the Secretary to Government, Revenue Department or his
nominee not below the rank of a Deputy Secretary, Ex-officio;
(e) the Registrar (Judicial), High Court of Andhra Pradesh or his
nominee not below the rank of a Deputy Registrar, Ex-officio;
1[(f) three members to be nominated from among the recognised
clerks by such authority and in such manner as may be prescribed
of whom one shall be nominated by the Committee as the
Treasurer of the Fund, who shall operate the Bank Accounts of the
Committee jointly with the Chairman;]
2[(g) a 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 such Secretary. He
shall be paid out of the Advocates’ Clerks Welfare Fund:
Provided that the Secretary appointed under this clause shall not have
the right to vote at the meetings of the Committee:
Provided further that a Secretary shall be appointed in accordance with
this clause within a period of two months from the date of commencement of
the Andhra Pradesh Advocates’ Clerks Welfare Fund (Amendment) Act, 1994
and till such appointment is made the Secretary to the Bar Council shall
continue to be the Secretary of the Committee.]
(4) A member nominated under clause (f) of sub-section (3) shall hold
office3[for a term of five years] or until he ceases to be a recognised clerk
whichever is earlier.
5. Disqualification and removal of nominated members of the Welfare
Fund Committee- A member nominated under clause (f) of sub-section (3) of
section 4 shall be disqualified to be a member of the Committee, and cease to
be such member, if he,-
(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.
6. Resignation by elected member of the Committee and filling up of
casual vacancies- (1) Any member nominated under clause (f) of sub-section
(3) of section 4 may resign his office by giving4[one month] notice in writing to
the Chairman of the Committee and on such resignation being accepted by the
said Chairman, he shall be deemed to have vacated his office;
(2) Any casual vacancy in the office of a member referred to in sub-
section (1) shall be filled up, as soon as may be, and a member so nominated to
fill such vacancy shall hold office for the residue of the term of his predecessor.
7. Act of Committee not to be invalidated by defect etc- No act done or
proceeding taken under this Act or the rules made thereunder by the
Committee shall be invalidated merely by reason of,-
(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.
1. Substituted by the Act No. 30 of 2006, S.2.2. Substituted by the Act No.21 of 1994, S.2.3. Substituted by the Act No. 30 of 2006, S.2.4. Substituted by the Act No.4 of 2003, S.3.
8. Vesting and application of Fund- The Fund shall vest in and be held and
applied by the Committee subject to the provisions, and for the purposes of
this Act.
9. Functions of the Committee- (1) It shall be the duty of the Committee to
administer the fund.
(2) In the administration of the Fund, the Committee shall, subject to the
provisions of this Act and the rules made thereunder,-
(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 or1[Dependents]  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 prescribed rates;
(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.
10. Borrowing and investment of Funds- (1) The Committee, may, with the
prior approval of the Bar Council, borrow, from time to time, any sum required
for carrying out the purposes of this Act.
(2) The Committee shall deposit all moneys and receipts forming part of
the Fund in any Scheduled Bank as defined in the Reserve Bank of India Act,
1934 (Central Act 2 of 1934) or invest the same in loans to any Corporation
owned or controlled by the Central Government or the State Government or in
loans floated by the Central Government or the State Government or in any
other manner as the Bar Council; may, from time to time, direct with the prior
approval of the Government.
(3) All amounts due and payable under this Act and all expenditure
relating to the management and administration of the fund shall be paid out of
the Fund.
(4) The accounts and Books maintained by the Welfare Fund Committee
shall be audited annually by a Chartered Accountant appointed by the said
Committee.
(5) The accounts, as certified by the Auditor together with the audit
report thereon, shall be forwarded to the Bar Council by the Committee and the
Bar Council may issue such directions as it deems fit to the Committee in
respect thereof.
(6) The Committee shall comply with the directions issued by the Bar
Council under sub-section (5).
11. Powers and duties of Secretary- The Secretary of the Committee shall,
1. Substituted by the Act No.4 of 2003, S.3.
(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)1[XXXX]
(e) convene meetings of the Committee and prepare its minutes;
(f) attend the meetings of the Committee and 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 transaction by the
Committee during each financial year; and
(i) do such acts as may be directed by the Committee.
2[12. Printing, Custody and Distribution of the Andhra Pradesh Advocates’
and their Clerks’ Welfare Fund Stamp– (1) There shall be printed or cause to
be printed by the Commissioner & Inspector General of Registration and
Stamps, Andhra Pradesh, Hyderabad, in such manner as may be prescribed a
combined stamp superscribed in Telugu language as “Nyayavadula mariyu vari
Gumasthala Samkshema Nidhi” each of the value of fifty rupees through
Government Security Printing Press, on an indent placed by the Andhra
Pradesh Advocates’ Welfare Fund Committee in such form as may be
prescribed.
(2) Every Vakalat/Memo of Appearance filed before any Court, Authority,
Tribunal, Forum or Commission including every Vakalat/Memo of Appearance
filed by all the Law Officers appearing for the State and Central Governments
and their instrumentalities shall be affixed with the Stamp worth of rupees fifty
and no such Vakalat/Memo of Appearance shall be valid or accepted without
such Stamp.
(3) The person or authority receiving a Vakalat with such stamp shall
forthwith, effect cancellation of the stamp by punching out the same.
(4) The custody and distribution of stamps shall be with the Andhra Pradesh
Advocates’ Welfare Fund Committee and the sale of the stamps shall be
through recognized Bar Associations.]
3[12-A. Apportionment of sale proceeds and the cost of printing of stamps
- (1) Notwithstanding anything contained in section 12, out of the sale proceeds
of the stamps worth of Rs.50/-, a sum of Rs.43/- shall be credited to the
Andhra Pradesh Advocates’ Welfare Fund and Rs.7/- shall be credited to the
Andhra Pradesh Advocates’ Clerks Welfare Fund and where such a stamp is
affixed to Vakalat/Memo of Appearance, the provision sub-section (2) of section
12 shall be deemed to have been complied with.
(2) The cost of the printing of the stamps under sub-section (1) of section 12
shall be apportioned between the Andhra Pradesh Advocates’ Clerks Welfare
Fund constituted under section 3 of the Andhra Pradesh Advocates’ Clerks
Welfare Fund Act, 1992 and the Andhra Pradesh Advocates’ Welfare Fund
constituted under section 3 of the Andhra Pradesh Advocates’ Welfare Fund
Act, 1987 in such manner as may be prescribed.]
1. Omitted by the Act No. 30 of 2006, S.3.2. substituted by the Act No. 24 of 2011, S.2.3. Inserted by the Act 19 of 1992, S.3 and later substituted by the Act No. 24 of 2011, S.3.
13. Recognition and Registration of Advocates' Clerks' Association- (1) All
associations of Advocates' Clerks' known by any name functioning in any Court
Headquarters may, before a date to be notified by the Committee in this behalf,
apply to the Committee in such form as may be prescribed, for recognition and
registration as an Advocates' Clerks' Association under this Act, subject to
such rules as may be made in this behalf.
(2) Every application for recognition and registration shall be
accompanied by the rules or bye-laws of the association, names and addresses
of the office bearers of the association, and an up-to-date list of the members of
the association showing the name, address, age, date of enrolment and the
ordinary place of employment of such member.
(3) The Committee may, after such enquiry as it deems necessary
recognise the association as an Advocates' Clerks' Association and issue a
certificate of registration in such form as may be prescribed.
(4) The decision of the Committee regarding the recognition and,
registration of an Association shall be final.
14. Duties of Advocates' Clerks' Associations- (1) Every Advocates' Clerks'
Association shall, on or before the 15th April of every year, intimate to the
Committee a list of its members as on the 31st March of that year.
(2) Every Association shall intimate to the Committee,-
(a) any changes 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 changes;
(c) the death or retirement of any of its members within thirty days
from the date of occurrence thereof; and
(d) such other matter as may be required by the Committee from
time to time.
15. Membership of the Fund- 1[(1) Every recognised clerk of the Advocate in
the State below2[the age of 45 years] and being a member of any Advocates’
Clerks Association recognised by the Committee may apply to the Committee
for admission as a member of the fund, in such form as may be prescribed.]
(2) On receipt of an application under sub-section (1) the Committee shall
make such enquiry as it deems fit and either admit the applicant to the Fund
or for reasons to be recorded in writing reject the application.
Provided that no order rejecting an application shall be passed unless the
applicant has been given an opportunity of being heard.
(3)3[XXXX]
(4) In the event of rejection of the application,4[the amount] paid along
with the application shall be refunded to the applicant.
5[(5) Every recognised clerk of the Advocate in the State shall pay to the
fund an admission fee of rupees fifty along with an amount of rupees five
hundred towards subscription for life membership.]
(6) Every member shall, at the time of admission to the membership of
the Fund make a nomination conferring on one or more6[nominees] the right
to receive the amount which may be due to him from the fund in the event of
his death before the amount has been paid to him.
1. Substituted by the Act No. 4 of 2003, S.8.2. Substituted by the Act No. 24 of 2008, S.2.3. Omitted by the Act No. 4 of 2003, S.8.4. Substituted by the Act No. 4 of 2003, S.8.5. Substituted by the Act No. 4 of 2003, S.8.6. Substituted by the Act No. 4 of 2003, S.8.
(7) If a member nominated more than one person under sub-section (6),
he shall specify in the nomination the amount or share payable to each of the
nominees in such manner as to cover the whole of the amount that may be
paid to him.
(8) A member may at any time cancel a nomination by sending a notice
in writing to the Committee along with a fresh nomination.
(9) Every member who retires shall, within three months of such
retirement, intimate that fact to the Committee and if any member fails to do so
without sufficient reason, the Committee may reduce in accordance with such
principles as may be prescribed the amount due to that member.
1[(10) Where on receipt of a complaint or otherwise the Committee has
reason to believe that any Advocates’ Clerk secured admission as a member of
the Fund by misrepresentation, fraud or undue influence, it shall be competent
for the Committee to remove the name of such Advocates’ Clerk from the
membership of the Fund:
Provided that no order under this sub-section shall be passed unless the
person likely to be adversely affected has had an opportunity of being heard.]
2[15-A. Retired person is not eligible for membership -A person retired from
any service and drawing pension shall not be admitted to the Membership of
the Fund.]
16. Payment from the Fund on cessation of employment —(1) As member
of the Fund shall, on cessation of employment be entitled to receive from an
out of the Fund an amount at such rate as may be notified from time to time by
the Committee depending upon the total period of employment of the member.
3[Provided that a member who completes 30 years of service as an
Advocate’s Clerk and who is on the rolls of Advocates’ Clerks Welfare Fund for
a period of not less than 10 years, opts for retirement, be entitled to receive half
of the existing Death Benefit towards Retirement Benefit on production of
certificate of service issued by the Judicial Registrar or District Judge, as the
case may be.]
(2) In the event of death of a member, a consolidated amount as
determined by the Committee in the manner prescribed shall be paid to the
nominee or where there is no nominee to his dependants.
4[XXXX]
(3) A member of the Fund may opt for retirement benefits at any time
after five years of his admission as a member of the Fund, but he shall be
eligible for re-admission to the Fund as a new member subject to such
conditions as may be prescribed:
Provided that a member suffering from permanent disablement shall be
allowed to retire within five years of his admission to the Fund.
(4) For calculating the period of completed years of employment for the
purpose of payment under this Act, every four years of employment under an
Advocate if any, before the admission of a member to the Fund shall be
computed as one year of employment and added on to the number of years of
employment after such admission. The number of years of employment shall be
decided in respect of each member in the manner prescribed.
(5)5[XXXX]
1. Inserted by the Act No. 19 of 1992, S.3.2. Inserted by the Act No. 4 of 2003, S.9.3.  Proviso added by the Act No. 24 of 2008, S.3.4. Explanation omitted by the Act No. 4 of 2003, S.10.5. Omitted by the Act No. 4 of 2003, S.10.
(6) An application for payment from the Fund shall be preferred to the
Committee in such form as may be prescribed.
(7) An application received under sub-section (6), shall be disposed of by
the Committee after such enquiry as it deems necessary.
17. Group Life Insurance for members and other benefits:- The Welfare
Fund Committee may, for the Welfare of the members of the Fund,-
(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 member of the Fund and
their spouses; and
(d) provide for such other benefits as may be prescribed.
1[17-A. Restriction on alienation, attachment etc; of interest of member in
Fund -(1) The interest of any member in the fund, or the right of a member or
his or her nominee or dependents to receive any amount from funds, shall not
be assigned, alienated or charged and shall not be liable to attachment under
any decree or order of any Court, Tribunal, Financial Institutions or other
authority.
(2) No creditor shall be entitled to proceed against the fund or the interest
therein of any member or his or her nominee or dependents.]
18. Meetings of the Committee- (1) The Committee shall meet atleast once in
three months or more often if found necessary to transact business under this
Act or the rules made thereunder.
(2) Five members of the Committee shall form the quorum for a meeting
of the Committee.
(3) The Chairman or in his absence a member elected by the Members
present at the meeting shall preside over a meeting of the Committee
(4) Any matter coming up before a meeting of the Committee shall be
decided by a majority of the members present and voting at the meeting and, in
the case of any equality of votes, the Chairman or the member presiding over
the meeting shall have and exercise a casting vote.
19. Travelling and Daily Allowances to Members of Committee- The
nominated members of the committee shall be eligible to get such travelling
allowance and daily allowance as may be prescribed.
20. Review- The Committee maysuo motuat  any time or on an application
received from any person interested within ninety days of the passing of any
order under the provisions of this Act, review any such order, if it was passed
by them under any mistake, whether of fact or of law or in ignorance of any
material fact:
Provided that the Committee shall not pass any order adversely effecting
any person unless such person has been given an opportunity of making his
representation.
21. Protection of action taken in good faith- (1) No suit, prosecution or
other legal proceedings shall lie against any person for anything which in good
faith done or intended to be done in pursuance of this Act or any rule made
thereunder.
(2) No suit or other legal proceedings shall lie against the Committee or
the Bar Council for any damage caused or likely to be caused by anything
1. Inserted by the Act No. 4 of 2003, S.11.
which is in good faith done or intended to be done in pursuance of this Act or
any rule made thereunder.
22. Bar of jurisdiction to Civil Courts- No Civil Court shall have jurisdiction
to settle decide or deal with any question or to determine any matter which is
by or under this Act required to be settled, decided or deal with or to be
determined by the Committee.
23. Power to summon witnesses and take evidence- The Committee shall,
for the purposes of any enquiry under this Act, have the same powers as are
vested in a Civil Court while trying a Suit under the Code of Civil Procedure,
1908 (Central Act 5 of 1908) in respect of the following matters, namely:-
(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 Commissions for the examination of witnesses.
24. Power to make rules- (1) The Government may, by notification make rules
for carrying out the purpose of this Act.
(2) Every rule made under the Act, shall immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session, and if it is
not in session, in the session immediately following, for a total period of,
fourteen days which may be comprised in one session or in two successive
sessions and if, before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified have effect only in
such modified form or shall stand annulled, as the case may be; so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

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