The Goa Advocates Welfare Fund Act, 1995
Goa · state statute
Open in Lexace · Ask the AI about this actThe Goa Advocates’ Welfare Fund Act, 1995
(Goa Act No. 2 of 1997) [7-3-1997]
AN
ACT
to provide for the constitution of an Advocates’ Welfare Fund and utilization thereof for
payment of certain retirement and other benefits to the Advocates in the State of Goa.
Be it enacted by the Legislative Assembly of Goa in the Forty-sixth Year of the
Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Goa
Advocates‘ Welfare Fund Act, 1995.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may by notification in the
Official Gazette, appoint.
Synopsis
Date on which Act came in to force: The Government vide Notification No. 4-39-97/LD dated 29th May,
1997 published in the Official Gazette Series-I No. 9 (Extraordinary) Notified 30 th May, 1997 as the date on
which the Act came into force.
2. Definitions.— In this Act, unless the context otherwise requires,-
(a) “Advocate” means a person whose name has been enrolled on the roll of
Advocates prepared and maintained by the Bar Council under section 17 of the
Advocates Act, 1961 (Central Act XXV of 1961);
(b) “Advocates Act” means the Advocates Act, 1961 (Central Act XXV of 1961);
(c) “Goa Advocates’ Welfare Fund” or ― “Fund” means the fund constituted under
section 3 and maintained under the provisions of this Act;
(d) “Bar Association” means an association of Advocates attached to any Court
or any Tribunal or such other authority or person as is legally authorized to take
evidence or to adjudicate or to decide any dispute in the State and recognized by
the Board under section 17;
1[(dd) One member of Bar Council elected from the State of Goa to be
recommended by the said Council and whenever such member is not available, any
other member of Bar Council recommended by the Bar Council.]
(e) “Bar Council” means the Bar Council of Maharashtra and Goa constituted
under section 3 of the Advocates Act, 1961 (Central Act XXV of 1961);
2
[(f) “The Under Secretary (Esta blishment) to t he Government—Ex-Officio
Secretary.]
(g) “cessation of Practice” in relation to an Advocate means discontinuance of
practice by the Advocate by taking up any employment, trade, calling or other similar
engagement or discontinuance of practice on account of death or disability;
(h) “dependents” means wife, husband, father, mother, unmarried daughter and
minor children or such of them as exist;
(i) “Government” means the Government of Goa;
(j) “member of the Fund” means an Advocate who is admitted to the benefits of the
Fund and who continues to be a member thereof under the provisions of this Act;
(k) “nominee” means a person nominated in the prescribed manner by a member of
the Fund to receive the amount, which may be due to the member, from the Fund in the
event of his death before the amount is paid to him;
(l) “prescribed” means prescribed by regulations;
(m) “regulations” means regulations made by the Board under this Act;
(n) “ retirement” means giving up of practice as an Advocate which is
communicated to and recorded by the Bar Council;
(o) “stamp” means the Goa Advocates‘ Welfare Fund Stamp printed and distributed
by the Board under section 23;
(p) “standing” means the period of actual practice from the date of enrollment
as advocate and sanad obtained from the Bar Council or appropriate authority;
(q) “State” means the State of Goa;
(r) “suspension of practice” means voluntary suspension of practice as an Advocate
or suspension by the Bar Council for misconduct.
CHAPTER II
Constitution and management of Advocates Welfare Fund
3. Constitution of Fund.— (1) The Government shall constitute a fund called the Goa
Advocates‘ Welfare Fund.
(2) There shall be credited to the Fund–
(a) an initial amount of rupees one lakh to be contributed by the Government;
(b) all the amounts to be contributed by the Bar Associations from the year 1995
onwards;
(c) any other contribution made by the Bar Association;
(d) any voluntary donation or contribution to the Fund made by the Bar Council of
India or any other Bar Council or any Bar Association;
(e) any voluntary donation made to the Fund by any Advocate or his relatives;
(f) contributions paid by members of the Fund to the Fund under section 19;
(g) all sums received from the Life Insurance Corporation of India on the death of
any member of the Fund under any Group Insurance Policy;
(h) any profit or dividend from the Life Insurance Corporation of India in respect of
policies of Group Insurance of the Members of the Fund;
(i) any interest or dividend or other return on any investment made of any part of the
Fund.
4. Constitution of Board.— (1) There shall be a Board to be known as Goa
Advocates‘ Welfare Fund Board consisting of the following members, namely:–
(a) The Advocate-General, Goa State—Ex-Officio—Chairman.
(b) The Law Secretary to the Government— Ex-Officio.
(c) Finance Secretary to Government or his nominee— Ex-Officio.
(d) One representative from each registered Bar Association to be recommended by
the Executive Council or Managing Committee of the Association concerned.
(e) One member to be elected from amongst the members of the Board, who shall
be treasurer of the Board.
(f) The Under Secretary (Law) to the Government — Ex-Officio Secretary.
(2) The Board shall be a body corporate having perpetual succession and a common
seal with power to acquire and hold property and shall by the said name, sue and be sued.
Synopsis
The Government vide order No. 8-1-1-2001/LD-Estt/311 dated 14-2-2011 published in the official Gazette
Series-II No. 48 dated 24-2-2011 constituted Board as follows :-
Department of Law and
Judiciary Law (Establishment)
Division
Order
No. 8-1-1-2001/LD-Estt/311
Read: 1. Government Order No. 8-1-1-2001-LD dated 19-04-2002.
2. Government Order No. 8-1-1-2001-LD--Estt./1880 dated 09-11-2010.
Government is pleased to constitute the Goa Advocates Welfare Fund Board under
Section 4 of the Goa Advocates Welfare Fund Act, 1995 (Goa Act No. 2 of 1997) consisting of
the following members, namely:
1 Advocate General of Goa State Ex-officio Chairman.
2 Law Secretary to the Government of Goa Ex-officio Member.
3 Finance Secretary to Government of Goa or his nominee Ex-officio Member.
4 Shri Vipinkumar L. Bendale Member of Bar Council of Maharashtra
and Goa
Member.
5 Adv. Ehrlich A. De Sousa Representative of North Goa Advocates
Association, Panaji
Member.
6 Adv. Anacleto Viegas,Representative of South Goa Advocates
Association, Margao
Member.
7 The Under Secretary (Establishment) to the Government of Goa Ex-officio Secretary
The Board shall elect one Member from among the members of the Board, who shall
be Treasurer of the Board. A person elected or recommended as a Member of the Board shall
hold office for a period of four years or for the duration of his membership in the Bar
Association or Bar Council, whichever is less.
This issues in supersession of earlier orders No. 8-1-1-2001/LD dated 19-04-2002
and No. 8-1-1-2001/LD-Estt/1880 dated 09-11-2010.
Porvorim, 14th February, 2011.
By order and in the name of the Governor of Goa.
N. P. Singnapurker, Under Secretary, Law (Estt.).
5. Term of office of (nominated) members of Board.— A person elected or
recommended as a member of the Board under 3 [clauses [(d), (dd) and (e)] of sub-section
(1) of section 4 shall hold office for a period of four years or for the duration of his
membership in the 4[Bar Association or Bar Council, as the case may be] whichever is
less.
6. Disqualification and removal of members.— (1) A person shall be disqualified to
be a (nominated) member, if he–
(a) is adjudged by a competent court to be of unsound mind; or
(b) is adjudicated an insolvent and has not obtained his discharge; or
(c) is convicted of an offence which in the opinion of the Government involves
moral turpitude; or
(d) has, in the opinion of the Board committed a breach of trust or where he is a
member of the Fund and has committed persistent default in payment of his
contribution to the Fund.
(2) The Board may remove any elected or recommended member, who is or has
become disqualified under sub-section (1), from his office as a member of the Board:
Provided that no order removing any member shall be made unless that member has
been given an opportunity of being heard.
7. Resignation by an elected or recommended members .— An elected or
recommended member may resign his office by giving three months‘ notice in writing to
the Board and on such resignation being accepted by the Board, the elected or
recommended member thereof shall be deemed to have vacated his office.
8. Filling up of casual vacancies. — A casual vacancy in the office of a elected or
recommended member occurring on account of death, resignation or removal of the
member may be filled up, as soon as may be, by the executive Council or managing
committee of the concerned registered 5[Bar Association or by the Bar Council] as the
case may be under 6[clauses ( d), ( dd) and ( e)] of sub-section ( 1) of section 4 and the
person so elected or recommended as the case may be shall hold office so long as the
member in whose place he is elected or recommended would have been entitled to hold
office, if the vacancy had not occurred.
9. Meetings of Board.— (1) The Board shall meet, at least once in three calendar
months or more often if found necessary to transact business under this Act or the
regulations made thereunder.
(2) Five members of the Board shall form the quorum for a meeting of the Board.
(3) The Chairman or, in his absence, member elected, shall preside over a meeting of
the Board.
(4) Any matter coming up before a meeting of the Board 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 the member presiding over the meeting shall have a casting vote.
10. Vesting and application of Fund .– The Fund shall vest in, and be held and
applied by the Board, subject to provisions, and for the purposes, of this Act.
11. Functions of Board.– (1) The Board shall administer the Fund.
(2) In the administration of the Fund, the Board shall, subject to the provisions of this
Act and the regulations made thereunder,–
(a) hold the amount and assets belonging to the Fund in trust;
(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 legal
representatives, as the case may be, for payment out of the Fund, conduct such enquiry
as it deems necessary for the disposal of such applications within five months from the
date of receipt thereof;
(d) record in the minute book of the Board, its decisions on the applications;
(e) pay to the applicants amounts at the rates specified in the schedule;
(f) sanction employment of such officers and servants as it may think necessary for
performance of its duties and functions under this Act and determine their conditions
of service;
(g) communicate to the applicants by registered post with acknowledgement due the
decisions of the Board in respect of applications of 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 by it under this Act and
the regulations made thereunder.
12. Powers and duties of Secretary.– The Secretary of the Board shall–
(a) be the Chief Executive Authority of the Board and responsible for carrying out
its decisions;
(b) represent the Board in all suits and proceedings for and against the Board;
(c) authenticate by his signature all decisions and instructions of the Board;
(d) operate the bank accounts of the Board jointly with the treasurer;
(e) convene meetings of the Board and prepare their minutes;
(f) attend the meetings of the Board 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 Board;
(h) inspect and verify periodically the accounts and registers of the Bar Associations
regarding the stamps jointly with the treasurer;
(i) prepare an annual statement of business transacted by the Board during each
financial year jointly with the treasurer;
(j) make appointments of the Officers and servants of the Board as sanctioned by the
Board and have power to take disciplinary action against any such officer or servant;
(k) do such other acts as may be directed by the Board.
13. Appointment of Officers and servants. – For carrying out the provisions of this
Act, the Board may appoint such officers and servants on such terms and conditions as
may be prescribed.
14. Amounts to be paid out of the Fund. – 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.
15. Periodical and annual reports to be sent to Government .– The Board shall send
to the Government such periodical and annual reports as may be prescribed.
16. Maintenance of accounts and audit.– (1) The Board shall cause to be maintained
such books of accounts and other books in such form and in such manner as may be
prescribed.
(2) The accounts of the Fund shall be audited annually by such person as may be
prescribed or by any other person empowered by the Government to perform the
functions of an auditor.
(3) After the account of the Fund is so audited, the Board shall send a copy of the
auditor‘s report and balance sheet to the Government.
(4) The Board shall comply with the report of the auditor.
CHAPTER III
Recognition of Bar Associations
17. Recognition of Bar Associations.– (1) Any association of Advocates duly
registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860) known
by any name functioning in any Court or before any Tribunal or before any other
authority or person legally authorized to take evidence or to adjudicate or decide any
disputes may apply to the Board in the prescribed form for recognition and registration.
(2) Every application for recognition (and registration) shall be accompanied by the
rules or bye-laws of the Association, the names and addressess 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 enrollment and the ordinary place of practice of each member.
(3) The Board may, after such inquiry as it deems necessary, recognize or refuse to
recognize the association.
(4) On recognition of such an association, the Board shall issue a certificate of
recognition in the prescribed form.
(5) Any association aggrieved by the decision of the Board under sub-section ( 3) may
prefer an appeal against the said decision to such authority as may be prescribed and the
decision of such authority on the appeal shall be final.
(6) The appeal shall be accompanied by–
(a) the order appealed against;
(b) fee of two hundred rupees which shall not be refunded.
(7) The appeal shall be filed within thirty days from the date of receipt of the order
appealed against.
18. Duties of Bar Association.– (1) Every recognized Bar Association shall, on or
before the 31 st January every year, intimate to the Board a list of its members as on the
31st December of the previous year.
(2) Every recognized Bar Association shall intimate to the Board–
(a) any change of the office-bearers of the Association within thirty days from such
change;
(b) any change in the membership, including admissions and re-admissions, within
sixty days of such change;
(c) the death, retirement, suspension, cessation of practice of any of its members
within ninety days from the date of occurrence thereof; and
(d) such other matters as may be prescribed or required by the Board from time to
time.
CHAPTER IV
Membership in the Fund and payment therefrom
19. Membership of Fund.– (1) Any Advocate who permanently resides in the State of
Goa and practices before any Court or any Tribunal, or any other authority or person
legally authorized to take evidence or to adjudicate or decide any disputes in the State and
is a member of a Bar Association recognized under section 17, may apply in the
prescribed form to the Board for admission as a member of the Fund.
(2) Every application shall be accompanied with a sum of Rs. 300/- towards admission
fees.
(3) On receipt of an application under sub-section ( 2), the Board shall make such
inquiries as it deems fit and either admit the application to the Fund or for reasons to be
recorded in writing, reject the application:
Provided that no order rejecting the application shall be passed unless the applicant has
been given an opportunity of being heard.
(4) In the event of rejection of an application the admission fee paid alongwith
application shall be refunded to the applicant;
(5) The applicant whose application is rejected under sub-section ( 3), may prefer an
appeal to such authority as may be prescribed and the decision of such authority on the
appeal shall be final.
(6) The appeal shall be accompanied by the order appealed against.
(7) The appeal shall be filed within thirty days from the date of receipt of order
appealed against.
(8) Every member shall pay an annual subscription to the Fund on or before the 30 th
June of every year at the following rates, namely:–
Where the standing of the Advocate at the Bar is
Two hundred rupees.
5 years or more but less than 15 years.
Where the standing of the Advocate at the Bar is
Five hundred rupees.
15 years or more.
Where standing of senior Advocate at the Bar
One thousand rupees.practising before High Court is 10 years or more.
20. Member to appoint nominee and to give notice of cessation of practice, etc.–
(1) Every member of the Fund shall, at the time of admission to the membership of the
Fund, make a nomination appointing a nominee in the prescribed manner.
(2) A member may at any time cancel such nomination by sending a notice in writing
to the Board, provided that the member shall, alongwith such notice, send a fresh
nomination.
(3) Every member who voluntarily suspends practice or ceases to practice or retires
shall, within sixty days of such suspension, cessation or retirement, as the case may be,
intimate that fact to the Board.
(2) Payment of retirement benefit from Fund.– (1) A member of the Fund shall, on
cessation of practice, be entitled to receive from and out of the Fund an amount at the rate
specified in the Schedule.
(3) For calculating the period of completed years of practice for the purpose of
payment under this Act, every four years of practice at the Bar, if any, before the
admission of a member to the Fund shall be computed as one year of practice and added
on to the number of years of practice after such admission:
Provided that in computing the period of practice the period of suspension of practice,
either voluntary or otherwise, shall be excluded:
Provided further that in the case of a person who resumes practice after being in
Government Service or in any other employment, the period of practice counted for
retirement benefit or other service benefits therein, if any, shall not be taken into account:
(4) In the event of death of a member, the amount shall be paid to his nominee, or,
where there is no nominee, to his legal heirs:
Provided that the Board may call for a succession certificate if circumstances so
demand.
(5) 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.
(6) An application for payment from the Fund shall be preferred to the Board in the
prescribed form.
(7) An application received under sub-section (5) shall be disposed of by the Board
after such inquiry as it deems necessary.
CHAPTER V
Collection by way of affixing welfare stamp
21. Advocate to affix welfare stamp to Vakalatnama .– Every member of the Fund
shall affix Vakalatnama with a stamp of value of Rs. 5/- in addition to the Court fee
stamp affixed thereon:
Provided if two or more advocate members of the Fund jointly appear by a single
Vakalatnama separate stamps shall be affixed by each of such members of Fund:
Provided further that nothing contained in this section shall apply to Government
Advocate, Public Prosecutor, Assistant Public Prosecutor appearing and defending on
behalf of Government before any court.
22. Printing and sale of stamps .– (1) The Board shall cause to be printed the Goa
Advocates Welfare Fund Stamps each of the value of five rupees with the Emblem and its
value inscribed thereon as may be prescribed.
(2) The stamps shall be of the size 2 cm. x 4 cm. and to be sold only to the members of
the Fund.
(3) The custody of the stamps shall be with the Secretary of Board.
(4) The Board shall control the distribution and sale of the stamps through the Bar
Association.
(5) The Board and the Bar Association shall keep proper accounts of the stamps in
such form and in such manner as may be prescribed.
(6) The Bar Association shall purchase the stamps from the Board after paying the
value thereof less ten percent of such value towards incidental expenses.
(7) The Secretary of Board shall, after deducting from the sale proceeds of stamps the
actual cost of printing and distribution of stamps, pay the amount realised by sale of
stamps to the Board within fifteen days after the end of every quarter.
23. Vakalatnama not valid unless stamped.– No member of the Fund shall present to
any Court, Tribunal or other authority or person his Vakalatnama unless a stamp is
affixed to it under section 22 and no Vakalatnama so presented shall be valid unless it is
so stamped.
24. Value of stamps not to be included in costs and not to be collected from
clients.– (1) The value of the stamp shall not be included in calculating the costs in the
case.
(2) The value of the stamp shall not be collected by the member from his client.
(3) If any member contravenes the provision of sub-section (2), he shall be liable to the
Board for appropriate action.
25. Cancellation of stamps.– Every stamp affixed to a Vakalatnama under sub-section
(3) of section 22 shall be cancelled in the manner provided in section 30 of the Court-
Fees Act, 1870 (Central Act 7 of 1870).
CHAPTER VI
Miscellaneous
26. Group Life Insurance for members and other benefits.– The Board may, for the
welfare of the members of the Fund,–
(a) obtain from the Life Insurance Corporation of India, policies of Group Life
Insurance for the members of the Fund;
(b) provide for medical and educational facilities for the members of the Fund and
their dependents including an insurance for that purpose;
(c) provide for such other benefits and amenities as may be prescribed.
27. Restriction on alienation, attachment, etc. of interest of member in the Fund.–
(1) Notwithstanding anything contained in any other law for the time being in force, the
interest of any member in the Fund, or the right of a member of the Fund or his nominee,
or legal heirs to receive any amount from the Fund, shall not be assigned, alienated or
charged and shall not be liable to attachment under any decree or order of any Court,
Tribunal or other authority or person.
(2) No creditor shall be entitled to proceed against the Fund or the interest therein of
any member or his nominee or legal heirs.
Explanation.– For the purpose of this section, ‗creditor‘ includes the State or any
official assignee or receiver appointed under any law for the time being in force.
28. Vacancy in Board not to invalidate acts or proceedings. – No act or proceeding
of the Board shall be called in question on the ground merely of the existence of any
vacancy in or any defect in the constitution of the Board.
29. Protection of action taken in good faith. – (1) No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Act or any regulation.
(2) No suit or other legal proceedings shall lie against the Board 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 regulation.
30. Bar of jurisdiction of Civil Court. – 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 dealt with or to be determined by the Board.
31. Board to have powers of Civil Courts.– The Board shall be competent to take
evidence on oath and shall exercise all powers of a Civil Court in the summoning of
witnesses and the production of documents.
32. Power to make regulations. – (1) The Board may, with the previous approval of
the Government, by notification in the Official Gazette, make regulations for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may be made to provide for all matters expressly required or allowed by this
Act to be prescribed by this regulation.
33. Power to amend Schedule in certain circumstances. – If the Board recommends
to the Government to increase the rate of benefit specified in the Schedule, the
Government may, by notification in the Official Gazette, amend the said Schedule so as
to increase the rate of benefit as recommended and on the issue of such notification, the
said Schedule shall be deemed to be amended accordingly.
SCHEDULE 1 2
[See sub-section (1) of section 21]
15 Years‘ standing Rs. 22500
Period of standing Rate of benefit
1 2
30 Years‘ standing Rs. 45000
29 Years‘ standing Rs. 43500
28 Years‘ standing Rs. 42000
27 Years‘ standing Rs. 40500
26 Years‘ standing Rs. 39000
25 Years‘ standing Rs. 37500
24 Years‘ standing Rs. 36000
23 Years‘ standing Rs. 34500
22 Years‘ standing Rs. 33000
21 Years‘ standing Rs. 31500
20 Years‘ standing Rs. 30000
19 Years‘ standing Rs. 28500
18 Years‘ standing Rs. 27000
17 Years‘ standing Rs. 25500
16 Years‘ standing Rs. 24000
14 Years‘ standing Rs. 21000
13 Years‘ standing Rs. 19500
12 Years‘ standing Rs. 18000
11 Years‘ standing Rs. 16500
10 Years‘ standing Rs. 15000
9 Years‘ standing Rs. 13500
8 Years‘ standing Rs. 12000
7 Years‘ standing Rs. 10500
6 Years‘ standing Rs. 9000
5 Years‘ standing Upto Rs. 7500
B. S. SUBBANNA,
Secretariat Annexe, Secretary to the
Panaji, Government of Goa,
Dated:- 13-3-1997. Law Department (Legal Affairs)
1 Inserted vide Goa Advocates‘ Welfare Fund (Amendment) Act, 2008.2
Substituted by the Goa Advocates‘ Welfare Fund (Amendment) Act, 2008.
3
Substituted by the Goa Advocates‘ Welfare Fund (Amendment) Act, 2008.4
Substituted by the Goa Advocates‘ Welfare Fund (Amendment) Act, 2008.
5 Substituted by the Goa Advocates Welfare Fund (Amendment) Act, 2008.6 Substituted by the Goa Advocates Welfare Fund (Amendment) Act, 2008.