The ODISHA ADVOCATES' WELFARE FUND ACT, 1987

The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Orissa Act 18 of 1987
THE ORISSA ADVOCATES'
WELFARE FUND ACT, 1987
Orissa Gazette, Extraordinary No. 1505/3.1 1.1987-Notification No.
15033. Legislative-12.11.1987.
Assented to by the President on the 20th October, 1987
An Act to provide for the Constitution of a Welfare Fund for payment of
retirement benefits to Advocates in the S tate of Orissa and for matters con-
nected therewith or incidental therereto.
Whereas it is expedient to provide for the constitution of welfare fund
for the payment of retirement and other benefits to Advocates in the State of
Orissa and matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the S tate of Orissa in the Thirty
eighth Year of the Republic of India, as follows :
1. Short title and commencement. - (1) This Act may be called the
Orissa Advocates' Welfare Fund Act, 1987.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may,
by notification appoint in that behalf.
2. Def2. Def2. Def2. Def2. Definition. inition. inition. inition. inition. - In this Act, unless the context otherwise requires-
(a) "Advocate" means a person whose name continues in the State Roll
of Advocates prepared and maintained by the Bar Council of Orissa under
Section 17 of the Advocates, Act, 25 of 1961 and who is also a member of a
Bar Association, or a Society of Advocates registered under the Societies,
Registration Act, 21 of 1860;
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
(b) "Bar Association" means an association of Advocates either
recognised by the Bar Council under Section 14 or registered un-
der the Societies Registration Act, 21 of 1860;
(c) "Bar Council" means the Bar Council of Orissa constituted un-
der Section 3 of the Advocates Act, 25 of 1961;
(d) "Cessation of practice" means removal of the name of an Advo-
cate from the S tate Roll maintained by the Bar Council on ac-
count of his death at retirement, or on account of his voluntary
cessation on the ground of permanent physical or mental disabil-
ity;
(e) "Fund" means an Advocates' Welfare Fund constituted under Sec-
tion 3;
(f) "Member of the Fund" means an Advocate admitted to the ben-
efit of the Fund and continuing to be a member thereof under the
provisions of this Act;
(g) "Prescribed" means prescribed by Rules made under this Act;
(h)  "Retirement" means stoppage of practice as an Advocate com-
municated to and recognised by the Trust Committee :
(i) "Stamp" means the Advocates' Welfare Fund stamp printed and
distributed under Section 22;
(j) "Society" means an association of Advocates registered under
the Societies Registration Act, 21 of 1860 other than Bar Associa-
tion and includes the All Orissa Lawyers' Association;
(k)  "State" means the State of Orissa;
(l) "Suspension of practice" means voluntary suspension of practice
as an Advocate or suspension by the Bar, Council for misconduct;
(m) "Committee" means the Trust Committee established under Sec-
tion 4;
(n) "Vakalat" means Vakalatnama and includes memorandum of ap-
pearance or any other document by which an Advocate is empow-
ered to appear or plead before any Court, Tribunal, or other au-
thority.
3. Advocates' Welfare Fund. - (1) With effect from the date, of estab-
lishment of the Committee under Sub-section (1) of Section 4 there shall be
constituted a Fund called the Advocate's Welfare Fund.
(2) There shall be credited to this Fund-
1. Substituted vide O.G.E. No 1647, dt. 21.12.1993
(a) all amounts that may be paid by the Bar Council of Orissa under
Section 12 ;
(b) any voluntary donations or contribution made to the Fund by the
Bar Council of India, any Bar Association, any other association,
or institution, any Advocate, or any other person;
(c) any sum borrowed under Section 10 ;
(d) any interest or dividend or other return on any investment made
out of any part of the Fund ;
(e)  all sums collected by way of sale of S tamps under Section 22;
and
(f) all sums collected under Section 16 by way of application fees
and annual subscription and interest thereof.
(3) The sums specified in Sub-section (2) shall be paid or collected by,
the Committee, and the accounts of the Fund shall be maintained and operated
in such manner, as may be prescribed.
4. Establishment of Trust Committee. - There shall be a Trust Com-
mittee consisting of the following members-
(i) Advocate-General of Orissa-Ex officio member and Chairman;
(ii) Secretary, Law Department- Ex officio member;
(iii) Chairman, State Bar Council-Ex officio member;
(iv) 1[***]
(v) 2[Three] eminent Advocates to be nominated by the S tate, Govern-
ment-Members ;
(vi) 2[Vice-Chairman, Bar Council] Ex officio Member and Treasurer.
(2) The Secretary, Bar Council shall be the Ex of ficio Secretary of the
Committee.
(3) The Committee shall be a body corporate with a common seal and
perpetual succession with its Head Office at Cuttack having power to acquire
and hold property and shall be, by the said name sue or sued.
(4) The nominated members shall hold office for a period at four years.
5. Disqualification of nominated members of the Committee. - (1) A
person shall be disqualified for being nominated at appointed as and for being
a member of the Committee, if, he-
(a) becomes of unsound mind; or
1. Omitted vide Orissa Act 10 of 1989
2. Substituted vide Orissa Act 10 of 1989
(b) is adjudged insolvent; or
(c) is absent without leave of the Committee for more than three
consecutive meetings of the Committee; or
(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; or
(f)  in case of an Advocate removed from the roll of the S tate Bar
Council for whatsoever reason.
(2) On a member being disqualified as per Sub-section (1) a vacancy
arises from the date on which the Committee declare him to be so disqualified.
6. Vacancy due to r esignation. - (1) Any member nominated under
Clause (v) of Sub-section (1) of Section 4 may resign from his office by giving
notice in writing to the Chairman of the Committee and an acceptance of his
resignation he shall be deemed to have vacated his office.
(2) Any casual vacancy in the of fice of a member may be filled up, as
soon as may be by the Government and a member so nominated to fill such
vacancy shall hold office for the unexpired portion of the term at office of the
member whose place he fills.
(3) Whenever a casual or temporary vacancy occurs in the office of the
Chairman of the Committee, whoever is in-char ge of the office at the Advo-
cate-General for the time being shall function as the Chairman of the Commit-
tee.
7. Act of Committee not to be invalidated by vacancy , 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 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.
8. Vesting and application of Fund. - The Fund shall vest in, and be
hold and applied by, the Committee subject to the provisions and for the pur-
poses of this Act.
9. Functions of the Committee. - (1) The Committee shall 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 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 nomi-
nees or legal representatives, as the case may be, for payments
out of the Fund, conduct such enquiry as it deems necessary for
the disposal of such applications and dispose of the applications
within six months from the date of receipt thereof;
(d)  record in the minutes book at the Committee decision on the
application;
(e)  pay to the applicants amount at the rates specified in the Sched-
ule;
(f) send such periodicals and annual reports to the S tate Govern-
ment and the Bar Council in the prescribed manner;
(g) communicate to the applicants by registered post with
acknowledgement due, the decisions of the Committee in respect
of applications for admission or readmission 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. Funds, borrowing and investment. - (1) The Committee may, with
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 Committee shall deposit all moneys and receipts forming part of
the Fund in any Scheduled Bank or invest the same in loans in any corporation
owned or controlled by the Central Government or in loans floated by the
Central Government or the State Government.
(3) All amounts due and payable under this Act and all expenditure re-
lating to the management and administration of the Fund shall be paid out of
the Fund.
(4) The accounts of the Committee shall be audited annually by a Chat-
tered Accountant appointed by the State Government.
(5) The accounts of the Committee, as certified by the auditor, together
with the audit report thereon, shall be forwarded to the S tate Government by
the Committee, and the State Government 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 State
Government under Sub-section (5).
Explanation - For all purposes of this Act the State Government in the
Law Department shall be the Administrative Department.
11. Powers and duties of Secretary . - The Secretary of the Committee
shall-
(a)  be the chief executive authority of the Committee and is respon-
sible 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 decision and instructions of the
Committee;
(d) operate the Bank accounts of the Committee jointly with the Trea-
surer;
(e) convene meetings of the Committee and prepare its minutes;
(f) attend the meetings of the Committee with all the necessary
records and information;
(g) maintain such forms, registers and other records as may be pre-
scribed from time to time and do all correspondence relating to
the committee;
(h) prepare an annual statement of business transacted by the Com-
mittee during each financial year; and
(i) do such other acts as may be directed by the Committee.
12. Contribution by the Bar Council. - The Bar Council may contrib-
ute to the Fund annually an amount equal to twenty per centum of enrolment
fee realised by it every year.
13. Recognition and registration of Bar Association. - (1) All associa-
tions of Advocates known by any name functioning in any Court, may before a
date to 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.
(2) The provisions of Clause (a) of Sub-section (1) shall apply mutatis
mutandis to Societies of Advocates registered under the Societies Registration
Act, 21 of 1860.
(3) Every application for recognition and registration shall be accompa-
nied by the Rules or bye-laws of the Association names and addresses of the
office bearers of the association with an up-to-date list of the members of the
association showing the name, address, age, date of enrolment and the ordi-
nary place of practice of each member.
(4) The Bar Council may , after such enquiry , as it deems necessary ,
recognise the Bar Association and issue a certificate of registration In such
form as may be prescribed.
(5) The decision of the Bar Council regarding the recognition and regis-
tration of the Bar Association shall be final.
14. Duties of Bar Association. - (1) Every Bar Association shall, on or
before the 15th April every year, furnish to the Bar Council a list of its mem-
bers as on the 31st Match of that year.
(2) Every Bar Association 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 admission and re-ad-
mission within 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 required by the Bar Council from
time to time;
(3) The provisions of Sub-section (2) shall apply mutatis mutandis to
the Societies registered under the Societies Registration Act, 21 of 1860.
15. Membership in the Fund. -  (1) Every Advocate practising in any
Court, in the S tate and being a member of Bar Association, or a Society
recognised by the Bar Council 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) Every applicant shall pay an application fee of 1[two hundred] ru-
pees being payable along with the application to the Account of the Commit-
tee:
1. Substituted vide O.G.E. No 1151 dt. 19.06.2001
Provided that Advocates having less than five years standing practice of
the Bar will pay only rupees 1[one hundred].
(4) In the event of rejection of the application the fee paid along with the
application shall be refunded to the applicant.
(5) Every member shall pay an annual subscription to the fund on or
before the 30th June of every year at the following rates, namely :
(a) Where the standing of the Advocate at the Bar is five years
............................ 1[Fifty rupees]
(b)Where the standing of the Advocate at the Bar is more than five years
but less than fifteen years
........................... 1[one hundred rupees]
(c) Where the standing of the Advocate at the Bar is fifteen years or
more
...........................1 [two hundred rupees]
(6) A member may pay the subscription under Sub-section (5) in two
equal instalments at his option.
(7) Any member who fails to remit the annual subscription for any year
before the 30th June of the year shall be liable to be removed from the mem-
bership of the Fund.
(8) A person removed from the membership of the Fund under Subsec-
tion (7) shall be re-admitted to the Fund on payment of the arrears with interest
at twelve per cent per annum, within six months from the date of removal
subject to payment of twenty-five per centum of the annual subscription as
renewal fee.
(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 had 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
nominee 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 a nomination by sending a notice
in writing to the Committee, provided that he shall alongwith such notice send
a fresh nomination. No cancellation shall be ef fective unless fresh nomina-
tions are made by the member cancelling the earlier nomination.
1. Substituted vide O.G.E. No 1151 dt. 19.06.2001

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