LexThe CHHATTISGARH ADHIVAKTA KALYAN NIDHI ADHINIYAM, 1982
Chhattisgarh · state statute
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THE MADHYA PRADESH ADHIVAKTA KALYAN NIDHI
ADHINIYAM, 1982
[No. IX of 1982]
[27th March, 1982]
CONTENTS
Secs.
CHAPTER I
PRELIMINARY
1. Short title and extent
2. Definitions
CHAPTER II
CONSTITUTION OF FUND
3. Advocates' Welfare Fund
CHAPTER III
ESTABLISHMENT OF TRUSTEE COMMITTEE, APPLICATION OF FUND
AND ITS MANAGEMENT, ETC.
4. Establishment of Trustee Committee.
5. Disqualification for being a member of Trustee C ommittee
6. Resignation by nominated members of Trustee Comm ittee
7. Filling up of casual vacancy
8. Act of Trustee Committee not to be invalidated b y vacancy, defect, etc.
9. Vesting an application of fund.
10. Meetings of Trustee Committee.
11. Travelling and daily allowance to members of Tr ustee Committee.
2
12. Funds, borrowing and investments.
13. Power and duties of Secretary.
14. Transfer of certain moneys to the fund
CHAPTER IV
FRAMING OF SCHEMES
15. Preparation of schemes by the Trustee Committee .
CHAPTER V
BAR ASSOCIATION, ITS REGISTRATION, DUTIES AND FUNCT IONS
16. Recognition and registration of Bar Association
17. Duties of Bar Association.
CHAPTER VI
STAMPS AND THEIR DISTRIBUTION
17A. Definitions
18. Printing of Madhya Pradesh Adhivakta Kalyan Nid hi Stamps
19. Memo of appearance to bear stamps
20. Cancellation etc. of the stamps.
21. Contribution to Advocates Welfare Fund
22. Value of the stamp shall not be chargeable from the clients.
CHAPTER VII
MISCELLANEOUS
23. Protection of action taken in good faith
24. Bar of jurisdiction of Civil Courts
25. Power to make rules.
26. Repeal.
3
THE MADHYA PRADESH ADHIVAKTA KALYAN NIDHI
ADHINIYAM, 1982
[No. IX of 1982]
[27th March, 1982]
AMENDING ACTS
(i) M.P. Act 48 of 1984 (ii) M.P. Act 24 of 1994
(iii) MR Act 35 of 1994 (iv) M.P. Act 9 of 1998
(v) M.P. Act 16 of 1999.
An Act to provide for the constitution of a Welfare Fund for running
various schemes for the social security and welfare of Advocates in the State of
Madhya Pradesh and for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Thirty-third Year of
the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title and extent.—( 1) This Act may be called The Madhya
Pradesh Adhivakta Kalyan Nidhi Adhiniyam, 1982.
(2) It extends to the whole of the State of Madhya Pradesh.
2. Definitions. - In this Act unless the context otherwise requires,-
(a) "advocate" means a person whose name has be en entered in the State
roll of advocates prepared and maintained by the Ba r Council of
Madhya Pradesh under Section 17 of the Advocates Ac t, 1961 (25 of
1961) and who is a member of a Bar Association;
(b) “Bar Association" means an association of ad vocates recognised by the
Bar Council under Section 16;
(c) "Bar Council" means the Bar Council of Madhya P radesh constituted
under Section 3 of the Advocates Act, 1961 (25 of 1 961);
4
(d) "cessation of practice" means permanent stoppag e or cessation of
practice by an advocate on account of his retiremen t, death or any
other reason, as the case may be, duly notified to the Bar Council,
and include removal of the name of an advocate from the State roll
maintained by the Bar Council;
(e) "dependants" means wife, husband, father, mothe r, unmarried children
or widowed daughter of the advocate and actually de pendent on him
for maintenance;
(f) 'fund" means the Advocates' Welfare Fund constituted unde r Section
3;
(g) "junior advocate " means an advocate who was enrolled as an advocate
by the Bar Council not more than five years ago;
(h) "member of the fund" means an advocate as defined in clause (a) ;
(i) "retirement" means permanent stoppage of practice as an advocat e on
account of advanced age infirmity any time after at taining the age of
sixty years and communicated to and recorded by the Bar Council;
(j) " suspension of practice" means voluntary suspension of practice as an
advocate or suspension by the Bar Council for misco nduct;
(k) "Trustee Committee" means the committee established under Section
4.
CHAPTER II
CONSTITUTION OF FUND
3. Advocates’ Welfare Fund.- (1) With effect from the date of establishment
of Trustee Committee under sub-section (1) of Secti on 4, there shall be constituted
a fund called the Advocates' Welfare Fund.
(2) There shall be credited to the fund-
(a) a grant of rupees six lakhs that shall initiall y be made by the State
Government to the fund;
(b) any amount paid by the Bar Council;
5
(c) any voluntary donation or contribution made to the fund by the Bar
Council of India, a Bar Association, other associat ion or institution,
any advocate or any other person;
(d) any sum borrowed under Section 12;
(e) all moneys credited under Section 18;
(f) all sums received from the Life Insurance Corpo ration of India on the
death of an advocate under the group insurance of t he member of the
fund;
(g) any profit, dividend, or refund received from t he Life Insurance
Corporation of India in respect of the policies in group insurance of
the member of the fund;
(h) any interest or dividend or other return on any investment made of
any part of the fund;
(i) any other amount received by the Trustee Commit tee.
[(2-a) The amount received by the State Bar Council on account of payment
of Stamp Duty on certificate of enrolment, issued u nder Section 22 of the
Advocates Act, 1961 (No. 25 of 1961), shall be cred ited to the fund and such
credits shall discharge the State Bar Council of it s liability in respect thereof to
the State Government, under Article 17-A of Schedul e I-A of the Indian Stamp Act,
1899 (No. II of 1899) as applicable to the State of Madhya Pradesh.]
(3) The sums specified in sub-section (2) shall be paid to, or collected by,
such agencies, at such rate and in such manner, and the account of the fund shall be
maintained in such form, as may be prescribed.
CHAPTER III
ESTABLISHMENT OF TRUSTEE COMMITTEE, APPLICATION OF FUND
AND ITS MANAGEMENT, ETC.
4. Establishment of Trustee Committee.-( 1) With effect from such date as
the State Government may, by notification, appoint in this behalf there shall be
established 'for the purpose of this Act a Trustee Committee to be called the
Madhya Pradesh Advocate's Welfare Fund Committee.
(2) The Trustee Committee shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power to acquire, hold and
dispose of property, both movable and immovable and to contract, and shall by the
said name sue and be sued.
(3) The Trustee Committee shall consist of the foll owing, namely:—
6
A.-EX-OFFICIO MEMBERS
(i) the Minister-in-Charge of Law-Chairman ;
(ii) The Minister of State-in-Charge of Law-Vice-Ch airman;
(iii) the Chairman, Bar Council-Vice Chairman;
(iv) the Advocate General, Madhya Pradesh;
(v) the Secretary to the Government of Madhya Prade sh, Law and
Legislative Affairs Department-Secretary;
(vi) Secretary, Bar Council-Joint Secretary (having no voting rights);
(vii) Treasurer, Bar Council-Treasurer;
(viii) the General Manager of the Local Head Office of the State Bank of
India or his nominee not below the rank of Regional Manager;
(ix) the Divisional Manager of the Life Insurance C orporation of India,
Indore or his nominee not below the rank of Deputy Divisional
Manager;
(x) the Secretary to the Government of Madhya Prade sh, Finance
Department '[or his nominee not below the rank of D eputy Secretary];
B. NOMINATED MEMBERS
(xi) two members to be nominated by the Bar Council ;
(xii) two members to be nominated by the State Gove rnment of whom one
shall be a member of Parliament from the State and the other shall be
a member of the State Legislative Assembly.
(4) A nominated member shall hold office during the pleasure of the
authority nominating him but the term of his office shall not exceed five years
from the date of his nomination.
(5) Whenever any person is nominated or appointed a s a member of the
Trustee Committee by virtue of the post or office h eld by him, he shall forthwith
cease to be a member of the Trustee Committee on hi s ceasing to hold such post or
office.
5. Disqualification for being a member of Trustee C ommittee.- A person
shall be disqualified for being nominated or appoin ted as, and for being a member
of, the Trustee Committee if he-
7
(a) becomes of unsound mind; or
(b) is adjudged insolvent; or
(c) is absent without leave of the Trustee Committe e for more than three
consecutive meetings of the Trustee Committee; or
(d) is a defaulter to the fund (in case he is a mem ber of the fund) or has
committed breach of trust; or
(e) is convicted by a criminal Court for an offence involving moral
turpitude or an economic offence unless such convic tion has been set
aside,
6. Resignation by nominated Members of Trustee Comm ittee.- A
nominated member may resign his office by a notice in writing to the Chairman of
the Trustee Committee and it shall be deemed to hav e been accepted as soon as it is
so tendered as to be out of the reach or control of the tenderer.
7. Filling up of casual vacancy.- A casual vacancy in the office of a member
may be filled up, as soon as may be and a member so nominated to fill such
vacancy shall hold office for the unexpired portion of the term of office of the
member whose place he fills.
8. Act of Trustee Committee not to be invalidated b y vacancy, defect,
etc.- No act done or proceedings taken under this Act or the rules made thereunder
by the Trustee Committee shall be invalidated merel y by reasons of-
(a) any vacancy or defect in the constitution of th e Trustee 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.
9. Vesting an application of Fund.-( 1) The fund shall vest in, and be held
and applied by the Trustee Committee subject to the provisions, and for the
purposes of this Act.
(2) The Trustee Committee shall administer the fund , through the Secretary.
10. Meetings of Trustee Committee.-( 1) The Trustee Committee shall meet
atleast once in three calendar months or more often if found necessary to transact
business under this Act or the rules made thereunde r.
8
(2) Five members of the Trustee Committee shall for m the quorum for a
meeting of the committee.
(3) The Chairman or in his absence, one of the Vice Chairman shall preside
over a meeting of the Trustee Committee.
(4) Any matter coming up before a meeting of the Tr ustee Committee shall
be decided by a majority of the members present and voting at the meeting and, in
the case of an equality of votes the Chairman or Vi ce-Chairman, as the case may
be, shall preside over the meetings and shall have a casting vote.
11. Travelling and daily allowance to members of Tr ustee Committee.-
(1) The non-official members of the Trustee Committe e shall be eligible to get
such travelling allowance and daily allowance as ma y be prescribed.
(2) Official members shall draw their travelling an d daily allowance as
admissible to them by virtue of their office in the Government.
(3) The travelling and daily allowance so payable t o the members shall be
paid out of the fund.
12. Funds, borrowing and investments.- (1) The Trustee Committee may
borrow, from time to time, any sum required for car rying out the purposes of this
Act.
(2) The Trustee Committee shall deposit all moneys and receipts forming
part of the Fund in any scheduled bank or invest th e same in loans to any
corporation owned or controlled by the Central Gove rnment or the State
Government or in loans floated by the Central Gover nment or the State Government
or in any other manner.
(3) All amounts due and payable under this Act and all expenditures relating
to the management and administration of the fund sh all be paid out of the fund.
(4) The accounts of the Trustee Committee shall be audited annually by a
Chartered Accountant appointed by it.
(5) As soon as the accounts of the Trustee Committe e have been audited, the
Trustee Committee shall send a copy thereof togethe r with a copy of the report of
the Chartered Accountant and thereon to the State G overnment.
(6) The Trustee Committee shall comply with such di rections as the State
Government may, after perusal of the audit report o f the Chartered Accountant
think fit to issue.
13. Power and duties of Secretary.- The Secretary of the Trustee Committee
shall,-
(a) be the chief executive authority of the Trustee Committee and be -
responsible for carrying out its decisions;
9
(b) represent the Trustee Committee in all suits an d 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 Commit tee jointly with the
Treasurer;
(e) convene meetings of the Trustee Committee and p repare its minutes;
(f) attend the meetings of the Trustee Committe e with all the necessary
records and information;
(g) maintain such forms, registers and other record s as may be
prescribed, from time to time, and do all correspon dence relating to
the Trustee Committee;
(h) prepare an annual statement of business transac ted by the Trustee
Committee during each financial year ; and
(i) do such other acts, on their behalf, as may be directed by the Trustee
Committee or the Chairman.
14. Transfer of certain moneys to the fund.- The Bar Council shall pay to
the fund annually an amount as may be prescribed.
CHAPTER IV
FRAMING OF SCHEMES
15. Preparation of schemes by the Trustee Committee .- (1) The Trustee
Committee in consultation with the Bar Council of M adhya Pradesh may prepare
scheme for,-
(i) the group insurance of the advocates;
(ii) granting gratuity and/or retirement benefits t o the advocates enrolled
as participating members of such schemes;
(iii) the financial aid to the junior advocates by way of stipend on nominal
interest repayable in easy instalments or for givin g guarantee for
facilitating advance of such loan to the junior adv ocates by a
financing institution;
(iv) medical insurance of the advocates;
(v) facilitating house building loans to the advoca tes; and
(vi) such other welfare or benefits to the advocate s as it deems fit.
10
(2) The scheme shall be submitted to the State Gove rnment which shall
publish it and thereafter shall lay it on the table of the Legislative Assembly for
ten days.
(3) On such publication, the provisions of the sche me shall form part of this
Act.
CHAPTER V
BAR ASSOCIATION, ITS REGISTRATION, DUTIES AND FUNCT IONS
16. Recognition and registration of Bar Association .-( 1) An association of
advocates, known by any name, functioning in any pa rt of the State may, before a
date to be notified by the Bar Council in this beha lf, apply for recognition and
registration, to the Bar Council in such form and o n payment of such annual
subscription, or other fees as the Bar Council may, from time to time, determine.
(2) Every such application shall be accompanied by the rules or byelaws 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 s howing the name, address, date
of birth, age, date of enrolment and the ordinary p lace of practice of each member.
(3) The Bar Council may, after such enquiry as it d eems necessary,
recognise the association and issue a certificate o f registration in such form as it
may specify.
(4) The decision of the Bar Council regarding the r ecognition and
registration of a Bar Association shall be final.
(2) Every Bar Association shall intimate to the Ba r Council,-
(a) any change of the office bearers of the associa tion within fifteen days
from the date of such change;
(b) any change in the membership including admissio ns and readmissions
within thirty days from the date of such change;
(c) the death, retirement, cessation or suspension of practice of any of its
member within thirty days from the date of the happ ening of the event
or on receiving of the intimation thereof, whicheve r is later; and
11
(d) such other matters as may be required by th e Bar Council, from time
to time.
CHAPTER VI
STAMPS AND THEIR DISTRIBUTION
17A. Definitions .-In this chapter,-
(a) "Court" means [* * *] a civil, revenue, criminal, labour o r any other
Court or Tribunal or Authority, by whatever name ca lled, acting in
the proceedings of judicial or quasi-judicial natur e ;
(b) "memo of appearance " includes Vakalatnama and any authorisation,
under Order III of the First Schedule to the Code o f Civil Procedure,
1908 (V of 1908), by whatever name called, for acti ng or pleading
before a Court.]
18. Printing of Madhya Pradesh Adhivakta Kalyan Nid hi Stamps. -[1]The
State Government shall on the requisition made by t he Bar Council of Madhya
Pradesh, print or cause to be printed in such form and in such manner as may be
prescribed in consultation with the Bar Council, ad hesive stamps bearing the words
"Madhya Pradesh Adhivakta Kalyan Nidhi Stamp" of th e value of 4[four rupees and
ten rupees] for being supplied to the Bar Council f or distribution and sale on [* * *
* *] commission basis.
(2) Any Bar Association or Stamp Vendor who purcha ses Adhivakta Kalyan
Nidhi Stamps worth-
(a) one thousand rupees or more from the counter of the Bar Council
shall be entitled for a commission of ten percent ; and
(b) less than one thousand rupees or through Postal Service shall be
entitled for a commission of five percent.]
19. Memo of appearance to bear stamps .-(1) A memo of appearance filed
in any Court other than the High Courts shall bear the Madhya Pradesh Adhivakta
Kalyan Nidhi Stamp of the value of
8[Four rupees].
(2) A memo of appearance filed in the High Court sh all bear the Madhya
Pradesh Adhivakta Nidhi Stamp of the value of 9[Ten rupees].
(3) It shall be duty of the Advocates to affix on t he memo of appearance
stamps under sub-sections (1) and (2) and no Court including the High Court shall
accept such memo of appearance unless it is so stam ped.]
20. Cancellation etc. of the stamps.- Every stamp so affixed on the memo of
appearance shall be cancelled in a manner provided in the Court Fees Act, 1870 (7
of 1870) for cancellation of court fee stamps.
21. Contribution to Advocates Welfare Fund.- Net proceeds received from
the distribution and sale of the Madhya Pradesh Adh ivakta Kalyan Nidhi Stamps
12
shall be contributed by the Bar Council to the Madh ya Pradesh Adhivakta Kalyan
Nidhi.
22. Value of the stamp shall not be chargeable from the clients.- No
advocate shall charge the value of the Madhya Prade sh Adhivakta Kalyan Nidhi
Stamps from any client and contravention thereof sh all be deemed to be a
misconduct.
CHAPTER VII
MISCELLANEOUS
23. Protection of action taken in good faith.- (1) No suit, prosecution or
other legal proceedings shall lie against any perso n for anything which is in good
faith done or intended to be done in pursuance of t his Act or any rule made
thereunder.
(2) No suit or other legal proceedings shall lie ag ainst the Trustee
Committee or the Bar Council for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in pursuance of this
Act or any rule made thereunder.
24. Bar of jurisdiction of Civil Courts.- No Civil Court shall have
jurisdiction to settle, decide or deal with any que stion or to determine any matter
which is by or under this Act required to be settle d, decided or dealt with or to be
determined by the Trustee Committee or the Bar Coun cil.
25. Power to make rules.-( 1) The Trustee Committee may, with the
previous approval of the State Government, by notif ication, make rules for the
purpose of carrying into effect the provisions of t his Act :
Provided that before giving approval to the rules f ramed by the Trustee
Committee, the State Government shall consult the B ar Council.
(2) All rules made under this Act shall be laid on the table of the Legislative
Assembly.
26. Repeal.- The Madhya Pradesh Adhivakta Kalyan Nidhi Adhyadesh , 1981
(No. 14 of 1981) is hereby repealed.
********
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CHHATTISGARH ACT
·(No. 13 of 2004)
THE CHHATIJSGARH ADHIVAKTA KALYAN NIDHI
(SANSHODHAN) ACT, 2004
An act further to amend the Cbhattlsgarh Adhivakta Kalyan Nidhi Adhinlyam, 1982,
Be it enacted by the Chhattisgarh Legislature in the fifty fifth Year of the Republic of
India as follows:- ·
I.
2
3.
(I)
(2) '
This Act may be called .the Chbattisgarh Adhivakta Kalyan Nidhi
(Sanshodhan), Adhiniyam, 2004.
It shall come into force from the date of its publication in official gazette .
Section 18 of the Chhattisgarh Adhivakta Kalyan Nidhi Adhiniyam, 1982 (No. 9 of
1982) (hereinafter referred to as the Principal Act), for the words "four Rupees & Ten
Rupees" the words "Ten Rupees & Twenty Five Rupees". shall be substituted.
In section 19 of the Principal Act,-
• - (i) In sub-section (I) for the words "Four Rupees" the words "Ten Rupees"
shall be substituted.
(ii) In sub-section (2) for the words "Ten Rupees" the words "Twenty Five
Rupees'' shall be substituted.
,
I
2 (16)
Short title and
c:ommencemeot.
Amendment
Section 18.
Amendment
Section 19 .
of
of
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Short title and
commencement .
Amendment
Section 18.
Amendment
Section I 9.
of
of
CHHATTISGARH ACT
(No. 9 of 2018)
THE CIIBATTISGARH ADHIVAKTAKALYAN NIDIIl (SANSHODHAN)
ADHINIYAM, 2018
272 ( 1)
An Act further to amend the Chhattisgarh Adhivakta Kalyan Nidhi Adhiniyam, 1982
(No. 9 of1982).
Be it enacted by the Chhattisgarh Legislature in the Sixty-ninth Year of the Republic of
India, as follows:-
1.
2.
3.
(1) This Act may be called the Chhattisgarh Adhivakta Kalyan Nidhi
(Sanshodhan) Adhiniyam, 2018.
(2) It shall come into force from the date ofits publication in the Official Gazette.
In Section 18 of the Chhattisgarh Adhivakta Kalyan Nidhi Adhiniyam, 1982
( No. 9 of 1982 ), ( hereinafter referred to as the Principal Act) , for the words
"Ten Rupees and Twenty Five Rupees", the words "Twenty-five -Rupees and
Fifty Rupees " shall be substituted.
In Section 19 of the Principal Act,-
(i) in sub-section (1), for the words" Ten Rupees" , the words "Twenty-five
Rupees" shall be substituted; and
(ii) in sub-section (2), for the words "Twenty-five Rupees ", the words
"Fifty Rupees" shall be substituted.