LexThe Maharashtra Advocates Welfare Fund Act, 1981
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1981 : Mah. LXI] 1
THE MAHARASHTRA ADVOCATES WELFARE FUND ACT, 1981
[Text as on 30th May 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF ADVOCATES WELFARE FUND
3. Constitution of Advocates Welfare Fund.
CHAPTER III
ESTABLISHMENT OF TRUSTEE COMMITTEE AND VESTING OF WELFARE FUND IN THAT
COMMITTEE
4. Establishment of Trustee Committee.
5. Disqualifications and removal of nominated members of Trustee
Committee.
6. Resignation by nominated members of Trustee Committee and filling
up of casual vacancies.
7. Members to act during vacancy, acts of Trustee Committee, etc., not to
be invalidated by informalities.
8. Meetings of Trustee Committee.
9. Travelling and daily allowance to members of Trustee Committee.
10. Vesting and application of Fund.
11. Functions of Trustee Committee.
12. Funds, borrowing and investment.
13. Powers and duties of Secretary.
CHAPTER IV
RECOGNITION AND REGISTRATION OF BAR ASSOCIATIONS
14. Recognition and Registration of Bar Associations.
15. Duties of Bar Association.
CHAPTER V
MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM
16. Membership in the Fund.
17. Payment from the Fund on cessation of practice.
2 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
CHAPTER VI
PRINTING AND DISTRIBUTION OF STAMPS BY BAR COUNCIL
18. Printing and distribution of stamps and payment of amount of sale
proceeds by Bar Council to Trustee Committee.
CHAPTER VII
MISCELLANEOUS
19. Wakalatnama to bear stamp.
20. Cancellation of welfare fund stamp affixed on Wakalatnama.
21. Exemption from sections 19 and 20 in certain cases.
22. Appeal against any decisions of Committee.
23. Group Life insurance for members and other benefits for Advocates.
24. Restriction on alienation, attachment, etc. of interest of member in the
Fund.
25. Protection of action taken in good faith.
26. Bar of jurisdiction of Civil Courts.
27. Power to summon witnesses and take evidence.
28. Power to make regulations.
SCHEDULE
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 46 of 2015 (1-5-2016)1
1 This Act came into force vide G.N., L. and J. D., No/CCA. 2014/62/C.R.29/A/D-19, dated 21st April 2016.
4 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 5
MAHARASHTRA ACT No. LXI OF 19811
[THE MAHARASHTRA ADVOCATES WELFARE FUND ACT, 1981.]
[This Act received the assent of the President on the 5th November 1981; assent was first published
in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 6th November 1981.]
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 Maharashtra.
WHEREAS it is expedient to provide for the constitution of an Advocates Welfare Fund and
utilization thereof for the payment of certain retirement and other benefits to the Advocates in the State
of Maharashtra and for matters connected therewith or incidental thereto ; It is hereby enacted in the
Thirty-second Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Maharashtra
Advocates Welfare Fund Act, 1981.
(2) It extends to the whole of the State of Maharashtra.
(3) It sha ll come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires—
3[(a) “Advocate” means a person whose name has been enrolled on the roll of Advocates
prepared and maintained by the Bar Council of Maharashtra and Goa under section 17 of the
Advocates Act and who is a domiciled in the State of Maharashtra and a member of any Bar
Association;]
(b) “Advocates Act” means the Advocates Act, 1961 (XXV of 1961);
(c) “Advocates Welfare Fund” or “Fund” means the fund constitute d and maintained under
this Act;
4[(ca) “Amendment Act” means the Maharashtra Advocates Welfare Fund (Amendment)
Act, 2015 (Mah. XLVI of 2015);]
(d) “Bar Association” means an association of Advocates attached to any Court or any
Tribunal or such other authorit y or person as is legally authorised to take evidence or to
adjudicate or decide any disputes in the State of Maharashtra and recognised by the Bar Council
under section 14;
(e) “Bar Council” means the Bar Council of Maharashtra 5[and Goa], constituted un der
section 3 of the Advocates Act;
(f) “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 death;
6[(g) “dependents” means wife, husband, father, mother, minor children or any married
daughter who is divorcee or who is depending on the member of the Fund;]
1 For Statement of Objects and Reasons of the L. A. Bill No. XLV of 1981, see Maharashtra Government Gazette, 1981,
Extraordinary No. 48, Part V, dated 25th April 1981, pages 418-419.
2 20th November 1981, vide G.N., L. & J. D., No. CFA. 1078/233(81)-X, dated 19th November 1981.
3 Clause (a) was substituted by Mah. 46 of 2015, s. 2(a).
4 Clause (ca) was inserted by Mah. 46 of 2015, s. 2(b).
5 These words were inserted by Mah. 46 of 2015, s. 2(c).
6 Clause (g) was substituted by Mah. 46 of 2015, s. 2(d).
6 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
1[(ga) “existing member of the Fund” means an Advocate who is member of the Fund on the
date of commencement of the Amendment Act;
(gb) “Fund” means the Advocates Welfare Fund constituted under section 3;]
(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) “prescribed” means prescribed by the Bar Council by regulations made under this Act;
(j) “retirement” means stoppage of practice as an Advocate communicated to and recorded
by the Bar Council;
2[(ja) “retirement from the Fund” means voluntary retirement of any member of the Fund
after being member of the Fund for fifteen years from the date of becoming the member of the
Fund;]
(k) “stamp” or “welfare fund stamp” means the stamp printed and distributed by t he Bar
Council under section 18;
(l) “State” means the State of Maharashtra;
(m) “suspension of practice” means voluntary suspension of practice as an Advocate or
suspension by the Bar Council for misconduct under Advocates Act;
(n) “Trustee Committee” or “Committee” means the committee established under section 4;
(o) “ Wakalatnama” includes a memorandum of appearance or any other d ocument by
whatever name called 3[and includes any authority letter], by which an Advocate is empowered to
act, appear or plead before any Court, or any Tribunal or such other authority or person as is
referred to in section 14 legally authorised to take evidence or to adjudicate or decide any
disputes.
CHAPTER II
CONSTITUTION OF ADVOCATES WELFARE FUND
3. Constitution of Advocates Welfare Fund. — The State Government shall constitute a fund
called the Advocates Welfare Fund.
(2) There shall be credited to the Fund—
(a) an initial amount of Rs. 10,000 or such other higher amount as the Bar Council may
credit to this Fund before the 31 st December 1981; and all amounts paid by the Bar Council
annually from the year 1982 onwards under sub-section (3);
(b) any other contribution made by the Bar Council;
(c) any voluntary donation or contribution made to the Fund by the Bar Council of India , or
any Bar Association or any Advocates;
(d) all sums collected by way of sale of stamps under section 18;
(e) any grants which may be made by the State Government to the Fund under appropriation
duly made in this behalf;
(f) any grants, donations, gi fts, benefactions received from other institutions or persons and
credited to the Fund, from time to time;
(g) any sum borrowed under section 12;
(h) all sums received from the Life Insurance Corporation of India on the death of any
member of the Fund under any Group Insurance Policy;
1 Clause (ga) and (gb) were inserted by Mah. 46 of 2015, s. 2(e).
2 Clause (ja) was inserted by Mah. 46 of 2015, s. 2(f).
3 These words were inserted by Mah. 46 of 2015, s. 2(g).
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 7
(i) 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;
(j) all sums collected under section 16 by way of application fees and 1* * subscriptions and
interest thereon;
(k) any interest or dividend or other return on any investment made of any part of the Fund.
(3) The Bar Council shall pay to the fund annually an amount at such rate not exceeding 20 per
cent. of the enrolment fees realised by it, as the State Government may, by notification in the Official
Gazette, notify from time to time.
CHAPTER III
ESTABLISHMENT OF TRUSTEE COMMITTEE AND VESTING OF
WELFARE FUND IN THAT COMMITTEE
4. Establishment of Trustee Committee. — (1) The State Government shall, by notification in
the Official Gazette, establish, with effect from such date as may be specified therein, a Committee to
be called the Maharashtra Advocates Welfare Fund Trustee Committee.
(2) The Trustee Committee shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of property and to contract and shall by the said name sue
and be sued.
(3) The Trustee Committee shall consist of the following members, namely :—
(a) the Advocate General of Maharashtra, who shall be the Chairman of the Trustee
Committee, ex officio;
(b) the Secretary to Government, Law and Judiciary Department of the Government of
Maharashtra, ex officio;
(c) three members nominated by the State Government;
(d) two members of the Bar Council nominated by the Bar Council;
(e) the accountant of the Bar Council, who shall be the treasurer of the Trustee Committee,
ex officio; and
(f) the Secretary of the Bar Council, who shall be the secretary of th e Trustee Committee,
ex officio.
(4) A member nominated by the State Government under clause ( c) of sub-section (3) shall hold
office for a term of four years, unless the State Government terminates his nomination earlier or he is
removed under sub -section ( 2) of section 5 or he resigns his membership and his resignation is
accepted by the State Government under sub-section (1) of section 6.
(5) A member nominated by the Bar Council under clause ( d) of sub-section (3) shall hold office
for a term of four years or for the duration of his membership in the Bar Council, whichever is less,
unless he is removed under sub -section ( 2) of section 5 or he resigns his membership and his
resignation is accepted by the Bar Council under sub-section (1) of section 6.
5. Disqualifications and removal of nominated members of Trustee Committee. — (1) A
member nominated under clause (c) or clause (d) of sub-section (3) of section 4 shall be disqualified to
be a member of the Trustee Committee, if he—
(a) becomes of unsound mind; or
(b) is adjudged insolvent; or
(c) is absent without leave of the Trustee Committee for more than three consec utive
meetings of the Committee; or
1 The word “annual” was deleted by Mah. 46 of 2015, s. 3.
8 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
(d) is a defaulter to the Fund (in case he is a member of the Fund) or has committed a breach
of trust; or
(e) is convicted by a criminal court for an offence involving moral turpitude, unless such
conviction has been set aside.
(2) The State Government may remove any member who is or has become disqualified under
sub-section (1) from membership of the Trustee Committee:
Provided that, no order removing any member shall be passed unless that member and the Bar
Council in the case of a member nominated by it have been given an opportunity of being heard:
Provided further that, nothing in this section shall apply where the State Government terminates
the membership of a m ember nominated by it under sub -section (4) of section 4, on the ground other
than incurring any of the disqualifications and removal under this sub-section.
6. Resignation by nominated members of Trustee Committee and filling up of casual
vacancies.— (1) Any member nominated under clause ( c) or clause (d) of sub-section (3) of section 4
may resign his office by giving one month’s notice in writing to the State Government or the Bar
Council, as the case may be, and on such resignation being accepted by the State Government or the
Bar Council, shall be deemed to have vacated his office:
Provided that, the Bar Council shall consult the State Government before accepting the
resignation of a member nominated by it.
(2) A casual vacancy in the office of a member nominated under clause ( c) or clause ( d) of sub-
section (3) of section 4 occurring on account of death, resignation, termination or removal of a member
may be filled up, as soon as conveniently may be, by nomination of a person thereto by the State
Government or, the Bar Council, as the case may be, and a person so nomina ted shall hold office so
long as the member in whose place he is nominated would have held it, if the vacancy had not
occurred.
7. Members to act during vacancy, acts of Trustee Committee, etc., not to be invalidated by
informalities.— (1) During any vacancy in a Trustee Committee the continuing members may act as if
no vacancy had occurred.
(2) The Trustee Committee shall have power to act, notwithstanding any vacancy in the
membership or any defect in the constitution thereof, or any defect or irregula rity in the nomination of
any person as a member thereof, or any defect or irregularity in any act done or proceeding taken under
this Act or the regulations made thereunder not affecting the merits of the case ; and such proceedings
of the Committee shall be valid notwithstanding that it is discovered subsequently that some person
who was not entitled to do so sat or voted or otherwise took part in the proceedings or that some defect
or irregularity as aforesaid existed.
8. Meetings of Trustee Committee. — (1) The Trustee Committee 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) Three members of the Trustee Committee shall form the quorum for a meeting of the
Committee.
(3) The Chairman or, in his absence, a member elected, shall preside over a meeting of the
Trustee Committee.
(4) Any matter coming up before a meeting of the Trustee 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 the member presiding over the meeting shall have a casting vote.
9. Travelling and daily allowance to members of Trustee Committee. — The non -official
members of the Trustee Committee shall be eligible to get such travelling allowance and daily
allowance as are admissible to the members of the Bar council:
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 9
Provided that, if a member of the Committee is a Member of the Maharashtra Legislative
Assembly or Maharashtra Legislative Council or a Member of Parliament the allowances payable to
such member shall be the travelling and daily allowances or such other allowances which are payable
to him as a Member of the State Legislature or of Parliament, as the case may be, for the purpose of
meeting the personal expenditure in attending the meeting of the State Legislature or Parliament or its
Committees.
10. Vesting and application of Fund.— 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.
11. Functions of Trustee Committee.— (1) The Trustee Committee shall administer the Fund.
(2) In the administration of the Fund, the Trustee Committee shall, subject to the provisions of
this Act and the regulations made thereunder,—
(a) hold the amounts and assets belonging to the Fund in trust;
(b) receive applications for admission or readmission 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 b e, 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 minute book of the Trustee Committee, 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) send such periodical and annual reports as may be prescribed to the State Govern ment
and the Bar Council;
(h) communicate to the applicants by registered post with acknowledgement due the
decisions of the Trustee Committee in respect of applications for admission or readmission to the
Fund or claims to the benefit of the Fund;
(i) do such other acts as are, or may be, required to be done by it under this Act and the
regulations made thereunder.
12. Funds, borrowin g and investment. — (1) The Trustee Committee may, with the
recommendation of the Bar Council and the prior approval of the State Government, borrow, from time
to time, any sum required for carrying 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 the same in the units issued by the Unit Trust of India, the National Post
Office Savings Certificates or any other Government Security or in loans to any corpora tion 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 State 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 of the Trustee Committee shall be audited annually by the Chief Audito r, Local
Fund Accounts or any other person empowered by the State Government to perform the functions of an
auditor under the 1Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930) , as if the Fund were a
Local Fund and the Trustee Committee were a Local Authority within the meaning of these
expressions in the said Act.
1 Now see Maharashtra Local Fund Audit Act (XXV of 1930).
10 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
(5) The accounts of the Trustee Committee, as certified by the auditor, together with the audit
report thereon, sh all be forwarded to the Bar Council by the Trustee Committee and the Bar Council
may issue such directions as it deems fit to the Trustee Committee in respect thereof.
(6) The Trustee Committee shall comply with the report of the auditor and the direction s issued
by the Bar Council under sub -section (5) 1[as early as possible but in any case within a period of three
months from the date of receipt of such audit report or directions].
13. Powers and duties of Secretary.— The Secretary of the Trustee Committee shall—
(a) be the chief executive authority of the Trustee Committee and responsible for carrying
out its decisions;
(b) represent the Trustee Committee in all suits and proceedings for an d against the
Committee;
(c) authenticate by his signature all decisions and instructions of the Trustee Committee;
(d) operate the bank accounts of the Trustee Committee jointly with the treasurer;
(e) convene meetings of the Trustee Committee and prepare their minutes;
(f) attend the meetings of the Trustee Committee with all the ne cessary 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 Trustee Committee;
(h) inspect an d verify periodically the accounts and registers of the Bar As sociations
regarding the stamps;
(i) prepare an annual statement of business transacted by the Trustee Committee during each
financial year;
(j) make appointments of the officers and servants of the Trustee Committee as sanctioned
by the Committee and have power to take disciplinary action against any such officer or servant;
(k) do such other acts as may be directed by the State Government, the Trustee Committee
and the Bar Council.
CHAPTER IV
RECOGNITION AND REGISTRATION OF BAR ASSOCIATIONS
14. Recognition and Registration of Bar Associations. — (1) All associations of Advocates
known by any name functioning in any Court, or before any Tribunal, or before any other authority or
person legally authorised to take evidence or to adjudicate or decide any disputes may, before a date to
be notified or before such extended date as may be notified by the Bar Council in this behalf, apply to
the Bar Council in such form as may be prescribed for recognition and registration.
Any association of Advocates constituted after the date of commencement of this Act may, at any
time thereafter likewise apply to the Bar Council for recognition and registration.
(2) Every application for recognition and registration shall be accompanied by the rules or
bye-rules of the association, the 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 practice of each member.
(3) The Bar Council may, after such enquiry as it deems necessary, r ecognise the association and
issue a certificate of registration in such form as may be prescribed.
(4) The decision of the Bar Council regarding the recognition and registration of a Bar
Association shall be final.
1 These words were added by Mah. 46 of 2015, s. 4.
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 11
15. Duties of Bar Associations. — (1) Every Bar Association shall, on or before the 15 th April
every year, intimate to the Bar Council a list of its members as on 31st March of that year.
(2) Every Bar Association 1[recognized and registered as per sub -section (1) of section 14] shall
intimate to 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 admissions and readmissions, wi thin 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 occurrence thereof; and
(d) such other matters as may be prescribed or required by the Bar Council from time to
time.
CHAPTER V
MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM
16. Membership in the Fund. — (1) Every Advocate practising before any Court, or any
Tribunal, any other authority or person legally authorised to take evidence or to adjudicate or decide
any disputes in the State and being a member of a Bar Association recognised by the Bar Council
under section 14 2[shall apply] to the Trustee Committee for admission as a member of the Fund, in
such form as may be prescribed:
3[Provided that, every Advocate who is not the existing member of the Fund on the date of
commencement of the Amendment Act shall apply for admission as a member of the Fund within a
period of six months from the date of commencement of the said Amendment act.]
(2) On receipt of an application under sub -section (1), the Trustee 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 ha s been
given an opportunity of being heard.
(3) An application fee shall—
(i) in the case of an applicant who, on the date of application has practiced 4[for a period of
ten years or more, be one thousand rupees]; and
(ii) in the case of an applicant who, on the date of application has practiced 5[for a period of
less than ten years, be five hundred rupees]:
6 * * *
Provided that, an applicant belonging to Scheduled Castes or Scheduled Tribes shall pay an
application fee equ al to the half of the amount of fee specified in clause ( i) or clause ( ii), as the case
may be.
(4) In the event of the rejection of any application 7[the application fees paid ] along with the
application shall be refunded to the applicant.
1 These words were inserted by Mah. 46 of 2015, s. 5.
2 These words were substituted for the words “may apply” by Mah. 46 of 2015, s. 6(a)(i).
3 This proviso was added by Mah. 46 of 2015, s. 6(a)(ii).
4 These words were substituted for the words “for a period of twelve years or more, be two hundred rupees” by Mah. 46 of
2015, s. 6(b)(i).
5 These words were substituted for the words “for a period of less than twelve years, be one hundred rupees” by Mah. 46
of 2015, s. 6(b)(ii).
6 The portion beginning with the words “and such application” and end ing with the words “payable alongwith the
application” were deleted by Mah. 46 of 2015, s. 6(b)(iii).
7 These words were substituted for the words “the first instalment of the admission fees paid” by Mah. 46 of 2015, s. 6(c).
12 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
1[(5) Every m ember of the Fund shall pay rupees ten thousand only as subscription in the
following manner, namely:—
(i) when the standing of the advocate at the time of his admission as a member of the Fund is ten
or more years, he shall pay the said amount in lump sum at one time;
(ii) when the standing of the advocates at the time of his admission as a member of the Fund is
less than ten years, he may pay the said amount in one lump sum or in four equal yearly instalments
with the condition that after payment of first instalments, the remaining three instalments will fall due
on even dates in subsequent three years:
Provided that, the existing members of the Fund shall pay the said subs cription amount after
deduction of the annual subscription paid by them prior to the commencement of the Amendment Act:
Provided further that, after the date of commencement of the Amendment Act,—
(a) the existing members having standing of ten or more years on the said date, shall pay the
balance of subscription within one year from such commencement; and
(b) the existing members having standing of less than ten years on the said date, shall pay the
balance of subscription in one lump sum or in four equal instalments with the condition that
first instalment shall be paid within one year from such commencement and remaining three
instalments will fall due on even dates in subsequent three years.
(6) If any advocate fails to pay the lump sum subscription or the instalments, as the case may be,
in the manner laid down in sub-section (5), then such advocate shall be liable to pay the penalty of
rupees fifty per month for the period of default from the due date till the date of payment.]
(7) Any member who fails to remit the 2* * subscription or 3* * yearly instalments, as the case
may be, on or before due dates mentioned in sub -section (5) or sub -section (6) shall after giving him
one month’s notice in writing be liable to be removed by the Trustee Committee from the membership
of the Fund.
(8) A person removed from the membership of the Fund under sub-section (7) shall be readmitted
to the Fund on payment of the arrears with interest at twelve per ce nt. per annum within six months
from the date of removal.
(9) Every member shall, at the time of admission to the membership of the Fund, make a
nomination conferring on one or more persons 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.
(10) If a member nominates more than one person under sub -section (9), 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 due to him.
(11) A member may at any time cancel nomination by sending a notice in writing to the Trus tee
Committee, provided that, a member shall along with such notice send a fresh nomination.
(12) Every member who voluntarily suspends practice or retires shall, within fifteen days of such
suspension or retirement, intimate that fact to the Trustee Comm ittee and if any member fails to do so
without sufficient reasons , the Trustee Committee may reduce, in accordance with such principles as
may be prescribed, the amount due to that member.
17. Payment from the Fund on cessation of practice. — (1) A member of the Fund shall, on
cessation of practice be entitled to receive from out of the Fund an amount at the rate specified in the
Schedule.
4* * *
1 Sub-section (5) and (6) were substituted by Mah. 46 of 2015, s. 6(d).
2 The word “annual” was deleted by Mah. 46 of 2015, s. 6(e)(i).
3 The word “half” was deleted by Mah. 46 of 2015, s. 6(e)(ii).
4 The proviso was deleted by Mah. 46 of 2015, s. 7(a).
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 13
1[(2) (a) A member of the Fund shall be eligible and entitled for the retirement benefits at any
time after completion of fifteen years from the date of his admission as a member of the Fund, of the
amount as mentioned in the Schedule.
(b) If any member opts for retirement benefits at any time before the completion of fifteen years
from the date of his admission as a member of the Fund, then he shall be entitled only to a refund of the
amount which he has paid as subscription with the Trus tee Committee together with the interest at the
rate of 6 per cent. per annum from the date of payment till the date of his retirement from the Fund.
(c) Member suffering from permanent disablement resulting in permanent cessation of practice
shall be allowed to retire at any time before completion of fifteen years of his membership of the Fund
and shall be entitled to receive the amount as mentioned in the Schedule.
(3) In case a member of the Fund dies within a period of fifteen years of his admission to the
fund, his nominee or legal heir, as the case may be, shall be entitled to get an amount at the rate
mentioned in the Schedule.
(4) After the commenc ement of the Amendment Act, if the existing members of the Fund does
not pay in lump sum or in instalments his dues or balance of his subscription calculated on the basis of
revised rate of one time payable subscription in the manner provided in sub -section (5) of section 16
and he fails to pay the penalty under sub -section (6) of section 16, then he shall be deemed to have
been retired from the Fund on the date of commencement of the said Amendment Act; and in case of
such deemed retirement,—
(i) such member shall be entitled to; or
(ii) in case of death of such member, his nominees, heir or family members shall be
entitled to,
the benefits as provided by the provisions of the Schedule appended to this Act as existing prior
to the commencement of the said Amendment Act.]
2* * *
(6) An application for payment from the Fund shall be preferred to the Trustee Committee in such
form as may be prescribed.
3* * *
(8) An application received under sub -section ( 6) 4* * * shall be disposed of by the Trustee
Committee after such enquiry as it deems necessary 5[within a period of three months from the date of
receipt of said application and the refund, if any, shall be given as early as possible].
CHAPTER VI
PRINTING AND DISTRIBUTION OF STAMPS BY BAR COUNCIL
18. Printing and distribution of stamps and payment of amount of sale proceeds by Bar
Council to Trustee Committee. — (1) The Bar Council shall cause to be printed and distributed
welfare fund stamps each of the value of 6[twenty rupees] with the Bar Council Emblem and its value
inscribed thereon.
(2) The stamps shall be of the size 1" X 2" and be sold only to the members of the Fund 7[through
the Bar Association or through credit consumer society of the advocates or any other prescribed
agency, as the case may be.]
(3) The custody of the stamps shall be with the Bar Council.
1 Sub-sections (2), (3) and (4) were substituted by Mah. 46 of 2015, s. 7(b).
2 Sub-section (5) was deleted by Mah. 46 of 2015, s. 7(c).
3 Sub-section (7) was deleted by Mah. 46 of 2015, s. 7(d).
4 The words, brackets and figure “or (7)” were deleted by Mah. 46 of 2015, s. 7(e)(i).
5 These words were added by Mah. 46 of 2015, s. 7(e)(ii).
6 These words were substituted for the words “two rupees” by Mah. 46 of 2015, s. 8(a).
7 These words were added by Mah. 46 of 2015, s. 8(b).
14 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
(4) The Bar Council shall control the distribution and sale of the stam ps through the Bar
Associations 1[, the credit consumer society of the advocates or any other prescribed agency, as the
case may be.]
(5) The Bar Council and the Bar Associations 2[, the credit consumer society of the advocates or
any other prescribed agency, as the case be,] shall keep proper accounts of the stamps in such form and
in such manner as may be prescribed.
(6) The Bar Associations 3[, the credit consumer society of the advocates or any other prescribed
agency] shall purchase the stamps from the Bar Council after paying the value thereof less ten per cent.
of such value towards incidental expenses.
(7) The Bar Council 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 Trustee
Committee within 15 days after the end of every quarter.
CHAPTER VII
MISCELLANEOUS
19. Wakalatnama to bear stamp.— (1) Every member of the Fund shall affix one welfare fund
stamp referred to in sub -section ( 1) of section 18 on every Wakalatnama filed by him and no
Wakalatnama shall be filed before or received by any Court, Tribunal or other authority or person
referred to in section 14 unless it is so stamped.
(2) The value of the stamp shall neither be cost in the case nor be collected in any event from the
client.
(3) Any contravention of the provisions of sub -section (2) by any member shall disentitle him to
the benefits of the Fund and the Trustee Committee shall report such instances to the Bar Council for
appropriate action.
20. Cancellation of welfare fund stamp affi xed on Wakalatnama.— Every stamp affixed on
Wakalatnama under sub -section ( 1) of section 19 filed before any Court, Tribunal or any other
authority or person shall be cancelled in the manner provided in section 42 of the 4Bombay Court-fees
Act, 1959 (Bom. XXXVI of 1959).
21. Exemption from sections 19 and 20 in certain cases. — Nothing contained in sections 19
and 20 shall apply in the cases of—
(a) the Advocates appointed by the Court or the Tribunal or other authority or person
referred to in sec tion 14 in suits or other proceedings to assist the indigent persons in matters
before them;
(b) the Advocates appearing in legal aid matters for parties to whom legal aid has been
rendered by the Bar Council or its Legal Aid Committees or by the Central Government or the
State Government;
(c) the Advocates appointed for the accused by the Courts to help the Court as amicus
curiae or the Advocate otherwise appearing as amicus curiae;
(d) the Advocates appearing on behalf of the Bar Council or any Bar Association.
22. Appeal against any decisions of Committee. — (1) An appeal against any decision of the
Trustee Committee shall lie to the Bar Council.
(2) The appeal shall be in the prescribed form and shall be accompanied by—
(a) the order appealed against; and
1 These words were added by Mah. 46 of 2015, s. 8(c).
2 These words were inserted by Mah. 46 of 2015, s. 8(d).
3 These words were inserted by Mah. 46 of 2015, s. 8(e).
4 Now See Maharashtra Court-fees Act (XXXVI of 1959).
1981 : Mah. LXI] The Maharashtra Advocates Welfare Fund Act, 1981 15
(b) a fee of one hundred rupees which shall not be refunded.
(3) The appeal shall be filed within thirty days from the date of receipt of the order appealed
against.
(4) The decision of the Bar Council on the appeal shall be final.
23. Group life insurance for members and other benefits for Advocates. — (1) The Trustee
Committee may, for the welfare of the members of the Fund,—
(a) obtain from the Life Insurance Corporation of India policies of Group Insura nce for the
members of the Fund;
(b) provide for medical and educational facilities for the members o f the Fund and their
dependents; and
(c) provide for better library facilities to the recognised and registered Bar Association for
the use of the members of the Fund; and
(d) provide for such other benefits and amenities as may be prescribed.
(2) Notwithstanding anything contained in this Act, the Trustee Committee may also at its
discretion give financial assistance from the Fund to organise welfare schemes for the indigent,
disabled or other Advocates, who may or may not be members of the Fund.
24. 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 or his nominee or legal heirs to receive any amount from
the Fund, shall not be assigned, alienated, or ch arged 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 purposes of this section, “creditor” includes the State, or an official
assignee or receiver appointed under the Presidency towns Insolvency Act, 1909 (III of 1909) , the
Provincial Insolvency Act, 1920 (V 0f 1920), or any other law for the time being in force.
25. 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 regulations made thereunder.
(2) No suit or other legal proceeding shall lie against 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 regulations made thereunder.
26. Bar of jurisdiction of 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 dealt with or to be determined by the Trustee Committee or the Bar Council.
27. Power to summon witnesses and take evidence. — The Trustee Committee and the Bar
Council 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 (V of 1908) in respect of the
following matters, namely :—
(a) enforcing the attendance of any person for 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.
28. Power to make regulations. — The Bar Council may, with the previous approval of the
State Government, by notification in the Official Gazette, make regulations for the purpose of carrying
into effect the provisions of this Act and for matters which are to be or may be prescribed under the
Act.
16 The Maharashtra Advocates Welfare Fund Act, 1981 [1981 : Mah. LXI
1[SCHEDULE
(See sections 11 and 17)
30 years’ of Membership . . . . Rs. 3,00,000
29 years’ of Membership . . . . Rs. 2,90,000
28 years’ of Membership . . . . Rs. 2,80,000
27 years’ of Membership . . . . Rs. 2,70,000
26 years’ of Membership . . . . Rs. 2,60,000
25 years’ of Membership . . . . Rs. 2,50,000
24 years’ of Membership . . . . Rs. 2,40,000
23 years’ of Membership . . . . Rs. 2,30,000
22 years’ of Membership . . . . Rs. 2,20,000
21 years’ of Membership . . . . Rs. 2,10,000
20 years’ of Membership . . . . Rs. 2,00,000
19 years’ of Membership . . . . Rs, 1,90,000
18 years’ of Membership . . . . Rs. 1,80,000
17 years’ of Membership . . . . Rs. 1,70,000
16 years’ of Membership . . . . Rs. 1,60,000
15 years’ of Membership . . . . Rs. 1,50,000
14 years’ of Membership . . . . Rs. 1,40,000
13 years’ of Membership . . . . Rs. 1,30,000
12 years’ of Membership . . . . Rs. 1,20,000
11 years’ of Membership . . . . Rs. 1,10,000
10 years’ of Membership . . . . Rs. 1,00,000
9 years’ of Membership . . . . Rs. 90,000
8 years’ of Membership . . . . Rs. 80,000
7 years’ of Membership . . . . Rs. 70,000
6 years’ of Membership . . . . Rs. 60,000
5 years’ of Membership . . . . Rs. 50,000
4 years’ of Membership . . . . Rs. 40,000]
1 The Schedule was substituted by Mah. 46 of 2015, s. 9.