The ODISHA ADVOCATES' CLERKS WELFARE FUND ACT, 2008

The Orissa
ttS
Gazette
No. 138, CUTTACK,
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY, FEBRUARY 4, 20091 MAGHA 15,
LAW DEPARTMENT
NOTIFICATION
The 4th February 2009
1930
No. 1881/1-Legis.2/08—The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 28th January, 2009 is hereby published for
general information.
Short title,
extent and
commence-
ment-
Definitions.
ORISSA ACT 5 OF 2009
THE ORISSA ADVOCATES' CLERKS WELFARE FUND ACT, 2008
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A
WELFARE
FUND AND UTILISATIONTHEREOF FOR PROMOTION OF
WELFARE OF THE ADVOCATES' CLERKS IN THE STATE
OF ORISSA AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.
BE it enactedbytheLegislatureoftheStateof Orissainthe
Fifty-ninth Year of the Republic of India as follows:—
1.( 1) This Act may be called the Orissa Advocates' Clerks Welfare
Fund Act, 2008.
(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 this behalf.
2. In this Act unless the context otherwise requires,—
(a) "Advocate" means a person whose name has been entered
in the State roll of Advocates prepared and maintained by
the Bar Council of Orissa under section 17 of the
Advocates' Act, 1961 and who is a membor of a Bar 25of 1961.
Association or an Advocates Association;
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(J)
(k)
2
"Advocates' clerk" means a clerk employed by an Advocate
and recognized by such authority and in such manner as
may be prescribed and who is a member of an Advocates'
Clerks' Association;
"Advocates' Clerks' Association" means an association of
Advocates' clerks recognized and registered under
section 13;
"Bar Association" means an association of Advocates
recognized and registered by the Bar Council under section
Orissa Act
13 of the Orissa Advocates' Welfare Fund Act, 1987; 18 of 1987.
"Bar Council" means the Bar Council of Orissa constituted
under section 3 of the Advocates' Act, 1961 ;
"Cessation of Employment" means removal of the name of
an Advocates' clerk from the State roll maintained by the
Committee on account of his retirement;
" Committee" means the Orissa Advocates' Clerks Welfare
Fund Committee constituted under section 4;
" Dependant" means any of the following relatives of a
deceased member of the Fund, namely :—
(1) a widow, a minor legitimate son, an unmarried legitimate
daughter or a widowed mother; and
a major legitimate son or a legitimate married daughter
who by virtue of infirmity is wholly dependent on the
earnings of the member at the time of his death ;
"Fund" means the Orissa Advocates' Clerks Welfare Fund
constituted under section 3 ;
"Government" means the State Government of Orissa;
"Member of thé Fund" means an Advocates' clerk admitted
to the benefits of the Fund and continuing to be a member
thereof under the provisions of this Act;
25 of 1961.
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(1)
(m)
(n)
(o)
(p)
3
"notification" means a notification published in the Orissa
official Gazette, and the word "notified" shall be construed
accordingly;
"prescribed" means prescribed under the rules framed under
this Act;
"retirement" means stoppage of employment as an
Advocates' Clerk for reason other than joining service or
for carrying on any other gainful occupation, communicated
to and recorded in the manner prescribed;
"stamp" means the Orissa Advocates' Clerk Welfare Fund
stamp printed and distributed under section 12; and
"vakala?' means a Vakalatnama, memorandum of appearance
or any other document by which an Advocate or any other
local practitioner is empowered to appear and plead before
any court, tribunal or other authority.
Advocates' 3. ( 1) The Government shall , by notification, constitute a Fund
Clerks to be called the Orissa Advocates' Clerks Welfare Fund.
Welfare
Fund.
(2) There shall be credited tothe Fund ,—
(a) all amounts collected by way of sale of stamps under
section 12;
(b) any voluntary donations or contribution made to the Fund
by the Bar Council, any Bar Association, any other
Association or Institution, any Advocate or any other
person;
(c) any sum borrowed under section 10;
(d) all sums received from the Life Insurance Corporation
of India or any other Insurance Companies on the death
of a member of the Fund under a Group Insurance
Policy;
(e) any profit or dividend received from the Life Insurance
Corporation of India or any other Insurance Companies
in respect of Policies of Group Insurance of the members
of the Fund;
(f) any interest or dividend or other retum on any investment
made of any part of the Fund; and
(g) all sums collected under section 15.
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Establishment
of Welfare
4
4. (1) The Government may, by notification, establish with effect
from such date, as may be specified therein, a Committee to be called theFund
Committee•Orissa Advocates' Clerks Welfare Fund Corrimittee.
(2) The Committee shall be a body corporate having perpetual
succession and a common seal with power to acquire, hold and dispose of
property and shall, by the said name, sue and be sued.
(3) The Committee shall consist of the following members,
namely:—
(a)
(b)
(c)
(a)
(f)
(g)
The Chairman of the Bar Council;
The Secretary to Government, Law Department;
The Secretary to Government, Home Department;
The Secretary to Government, Finance Department;
The Registrar General of High Court, Orissa;
Three members to be nominated from among •the
Advocates' clerks by such authority and in such manner
as may be prescribed, of whom one shall be nominated
by the Committee as the treasurer of the Fund; and
A Secretary to be appointed by the Chöirman in
accordance with such regulation as may be made by the
Committee in respect of the recruitment and conditions of
service of such Secretary :
Provided that the Secretary so appointed shall not
have the right to vote at the méetings of the Committee.
(4) The Chairman of Bar Councilshall be the ex-officio Chairperson
of the Committee.
(5) The Secretary to Government, Law Department, the Secretary
to Government, Home Department, the Secretary to Government, Finahce
Department and the Registrar General of High Court, Orissa, shall be the
ex-officio members of the Committee.
(6) In case the Secretary to Government, Law Department,
Secretary to Government, Home Department or Secretary to Government,
Finance Department, is unable to attend the meetings of the Committee
for any reason, he may depute any officer of his Department, not below
the rank of Deputy Secretary to Government to attend the meetings.
(7) In case the Registrar General of the High Court, Orissa is
unable to attend the meeting of the Committee for any reason, he may depute
any officer not below the rank of Deputy to attend the meetings.
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C)lnqualifl-
ontlon and
of
nornlnntod
members
of the
Committoe.
5
(8) A member nominated under clause (f) of sub-section (3) shall
hold office for a term of three years from the date of such nomination or
until he ceases to be a member of Advocates' Clerks Association whichever
is earlier.
(9) The Secretary shall be paid such remuneration out of the
Fund, as may be prescribed.
5. (1) A member nominated under clause (f) of sub-section (3) of
section 4 shall be disqualified to be a member of the Committee, and shall
ceas€ to be such member, if he,—
(a) becomes of unsound mind; or
(b) is adjudged as insolvent; Or
(c) remains absent without leave of the Committee for more
than three consecutive meetings of the Committee :
Provided that the members ceasing to hold office
under this clause may be restored by the Committee, if
such member makes an application for the condonation
of the absence; or
(d) is a defaulter to the Fund (if 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
mora! turpitude, unless such conviction has been set aside.
(2) The Government may remove any member who is or has
become disqualified under sub-sectiori (1), from the membership of the
committee :
Provided that no order removing any member shall be passed
unless the member has been given an opportunity of being heard.
6. ( 1)Any membernominatedunderclause (f) of sub-section(3) ofResignation
section 4 may resign his office by giving three months notice in writing toby
theChairpersonof the Committeeandonsuchresignationbeingacceptednominated
member of by the saidChairpersonhe shall be deemedto havevacatedhis office.the
Committee
(2) Any casualvacancyin the office of a memberreferredto inand filling up
sub-section (1) shall be filled up, as soon as possible and a member soof casual
vacancies. nominatedto such vacancyshall holdofficefor the residueof the term of
his predecessor.
7. No act done or proceedingtakenunderthis Act or the rules madeAct of the
committee thereunderby the Committeeshallbe invalidatedmerelyby reasonof —not to be
invalid by
dofoct,
vacancy ,
Otc,
(a)
(b)
(c)
anyvacancyor defectinthe constitutionof the Committee;
or
any defect or irregularityin nominationof any person as a
member thereof; or
any defect or irregularityin such act or proceedingnot
affecting the merits of the case.
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Vesting and
application
of Fund.
Functions
of the
Committee.
Borrowing
and
investment
of Fund.
6
8. The Fund shall vest in and be held and applied by the Committee
subject to the provisions, and for the purposes of this Act.
9.( 1) It shall be the function of the Committee to administer
the Fund.
(2) In the administration of the Fund, the Committee shall, subject
to the provisions of this Act and the rules made thereunder,
(a) hold the amounts and assets belonging to the Fund;
(b) receive applications for admission or 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 be, for
payment out of the Fund;
(d) 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;
(e) record in the minutes book of the Committee its decision on
the applications;
(O pay to the applicants amount at the rates specified io the
schedule;
(g) maintain such accounts and books and send such
periodicals and annual reports tothe Bar Council, as may
be prescribed;
(h) communicate to the applicants under certificate of posting
the decision of the Committee in respect of applications for
admission or re-admission to the Fund or claims to the benefit
of the Fund ; and
(1) do such other acts, as are or may be, required to be done
under this Act and the rules made thereunder including
making provisions of minimum number of staff for the office
of the Committee.-
10.( 1) The Committee, may, with the prior approval of the Bar
Council, borrow, from time to time, any sum required for carrying out the
purposes of this Act.
(2) The Committee shall deposit all moneys and receipts forming
part of the Fund in any Scheduled Bank as defined in the Reserve Bank of
India Act, 1934 or invest the same in loans to any Corporation owned or
controlled by the Central Government or the State Government or the 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 prior
approval of the Government.
2 of 1934.
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Powers and
duties of
Secretary.
Orissa
Advocates'
Clorks
Woltare
Fund
fitnrnp.
(3) All amount 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 Committee shall be audited annually by
a Chartered Accountant appointed by the Committee.
(5) The accounts, as certified by the auditor together with the
audit report thereon, shall be forwarded to the Bar Council by the Committee
and the Bar Council may issue such direction as it deems fit to the
Committee in respect thereof.
(6) The Committee shall comply with the directions issued by
the Bar Council under sub-section (5).
1 1.The Secretary of the Committee shall—
(a) be the Chief Executive Authority of the Committee and
responsible for carrying out its decisions;
(b) represent the Committee in ail suits and proceedings for
and against the Committee;
(c) authenticate by his signature all decisions and instructions
of the Committee;
(d)operatethebankaccountsoftheCommitteejointlywiththe'
Treasurer;
(e) convene meetings of the Committee and prepare their
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 prescribed from time to time, and do all correspondences
relating to the Committee;
(h) prepare an annual statement of business transaction by the
Committee during each financial year; and
(1) do such acts as may be directed by the Committee.
12. (1) There shall be printed or caused to be printed by the Bar
Council in such form and in such manner as may be prescribed, stamp
inscribed " the Orissa Advocates' Clerks Welfare Fund" each of the value
of two rupees.
(2) Every Vakalat or Memorandum of appearance filed before
any Court, authority or tribunal shall be affixedwith a stamp as specified in
sub-section(1) in additionto the courtfee stamps,if any, and stamp to be
affixed under any other Acts and no Vakalat or Memorandum of appearance
shall be valid unless it is so stamped:
Provided that this sub-section shall not apply to any Vakalat or
Memorandum of appearance filed on behalf of the Central or State
Government.
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Recognition
and
registration
of
Advocates'
Clerks
Association.
Duties of
Advocates'
Clerks'
Association.
8
(3) The person or authority receiving Vakalat with such stamp
shall forthwith effect cancellation of the stamp by punching out the same.
(4) The custody bf the stamps printed under this section shall
be with the Bar Council and, the supply and sale of stamps shall be in
such manner as may be prescribed.
13. ( 1) An Association of Advocates' Clerks constituted after the
commencement of this Act may, within two months from the date of such
constitution,and an Association of Advocates' Clerks constituted before
the commencement of this Act may, within two months from the date of
commencement of this Act, apply to the Committee in such form and in such
manner as may be prescribed, for recognition and registration as an
Advocates' Clerks Association under this Act.
(2) Every application for recognition and registration shall be
accompanied by the rules or bye-laws of the Association, names and
addresses of the office bearers of the Association, and an up-to-date list
of the members of the Association with name, address, age and the ordinary
place of employment of such member.
(3) The Committee may, after such inquiry as it deems necessary,
recognise the Association as an Advocates' Clerks' Association and issue a
Certificate of recognition and registration in such form as may be prescribed.
(4) The decision of the Committee regarding the recognition and
registration of Association shall be final.
14. ( 1) Every Advocates' Clerks' Association shall, on or before the
15th April of every year, intimate to the Committee a list of its members
as on the 31 st March of that year.
(2) Every Advocates' Clerks' Association shall intimate to the
Committee of,—
(a) any change of the office bearers of the Advocates' Clerks'
Association within fifteen days from suchdnange;
(b) anychangein numberof membersincludingadmissionånd
re-admission within thirty days of such change;
(c) the death or retirement 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 Committee
from time to time.
15.(1) Every Advocates' Clerk in the State may apply to theMembership
of the Fund. Committee, in such form and in such manner as may be prescribed, for
admission as a member of the Fund.
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9
(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 rupees fifty
along with the application to the account of the Committee.
(4) Every applicant shall pay to the Fund an admission fee of
rupees fifty at the time of admission or re-admission.
(5) Every person admitted as a member of the Fund shall pay
a membership fee of rupees one thousand payable in two equal half yearly
installments.
(6) Every member of the Fund shall, -at the time of admission
make a nomination conferring on one or more dependents of his family the
rightto receive the amount from the Fund in the event of his death:
Provided that if he has no family he can nominate any person
he likes.
(7) If more than one person is nominated,the amount of share
payableto each hominee shall be specified in the nomination.
(8) A memberof the Fund mayat any time cancel a nomination
by sending a notice in writing to the Committee alongwith a fresh
nomination.
(9) Where on receipt of a complaint or otherwise, the
Committee has reason to believe that an Advocates' clerk secured
admission as a member of the Fund by misrepresentation, fraud or
undue influence, the Committee shall have power to remove the name of
such Advocates' clerk from the membership of the Fund:
Provided that no such order shall be passed unless the person,
likelyto be affectedadversely,hasbeengiven anopportunityof being
heard.
16.(1) A memberof the Fundshall,on cessationof employment,Payment
be entitled to receive from and out of the Fund an amount at the ratefrom the
Fund on specified in the Schedule.cessation of
(2) Inthe eventof deathof a member,a consolidatedamou6temployment.
of rupeesfifty thousandbe paid to the nomineeor, wherethereis no
nominee, to his dependants.
(3)A memberoftheFundmaywithdrawhismembershipatany
time after five years of his admissionas a memberof the Fund and on
suchwithdrawal he shall be entitledto receivefrom and out of the Fundan
amountat the ratespecifiedinthe.Scheduleandhe may alsobe eligible
for re-admissionto the Fund as a new membersubject to such conditions
as may be prescribed :
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Restriction
on
alienation,
attachment,
etc., of
interest of
member in
the Fund.
Group Life
Insurance
for
members
and other
benefits.
10
Provided that a member suffering from permanent disablement
may withdraw his membership within five years of his admissions to the
Fund.
(4) For calculating the period of completed years of employment
for the purpose of payment under this Act, every four years of employment
under an Advocate, if any, before the admission of a member to the Fund,
shall be computed as one year of employment and added to the number
of years of employment after such admission.
(5) An application for payment from the Fund shall be made to
the Committee in such form as may be prescribed.
(6) An application received under sub-section (5), shall be
disposed of by the Committee after such enquiry as it deems necessary.
17. (1) The interest 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.
(2) Nocreditorshallbeentitled to proceedagainstthe Pund
or the interest therein of any member of the Fund or his nominee or legal
heirs.
Explanation.— For the purpose of this section, "creditor" includes
the State, or an official assignee or official receiver appointed under the
law relating to insolvency for the time being in force.
18. The Committee may, for the welfare of the members of the
Fund,—
(a) take from the Life Insurance Corporation of India or any other
Insurance Companies, policies of Group Insurance on the
life of the members of the Fund ; and
(b) provide for medical and educational facilities, and such other
benefits, as may be prescribed for the members of the Fund
and their dependents.
19. (1) The Committee shall meet at least once in three monthsMeetings of
the or more often if found necessary to transact its business under this ActCommittee.
or the rule made thereunder.
(2) Five members of the Committee shall form the quorum for a
meeting of the Committee.
(3) The Chairperson or in his absence, a member, elected by
the members present at the meeting, shall preside over a meeting of the
Committee.
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11
(4) Any matter coming up before a meeting of the Committee
shalibedecidedbya majorityof thememberspresentandvotingatthe
meetingand,in thecase of equalityof votes,the Chairpersonorthe member
presidingoverthe meetingshallhavepowerto exercisea castingvote.
Travelling 20-The nominatedmembersof the Committeeshall be eligibletoand daily
get suchtravellingaElowanceanddaily allowance,as may be prescribed.allowance
to members
of the
Committee
Review.
21-TheCommitteemay,sou-motu,at anytimeor on an application
fromanyinterestedperson,withinninetydaysof anyorderpassedbyit,review any such order:
Provided that the Committee shall not pass any order
adverselyaffectingan personunlesssuch personhas beengivenan
opportunity of making his representation.
Protection of 22-( 1)Nosuit,prosecutionor otherlegalproceedingshalllieagainstaction taken
any person for anything which is, in good faith, done or intended to bein good faith.
Bar of
jurisdiction
of Civil
Courts.
Power to
summon
witnesses
and take
evidence.
Power to
make rules-
done in pursuance of this Act or any rule made thereunder.
(2) No suit or other legal proceeding shall lie against the
Committeeor the BarCouncilfor anydamagecausedor likelyto beCaused
byanythingwhichis,ingoodfaith,doneor intendedto bedoneinpu/suance
of this Act or any rule made thereunder.
23- No Civil Court shall have jurisdiction to settle, decide or deal
with any question or determineany matterwhich is underthis Act required
to be settled, decided or dealt with or determined by the Committee.
24- The Committee shall* for the purposes of any enquiry under
this Act, have the same powers as are vested in a Civil Court while
trying a suit under the Code of Civil Procedure, 1908 in respect of the V of 1908.
following matters, namely :
(a) enforcing the attendance of any person or examining him
on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit; and
issuing Commission for the examination of witnesses.
25. ( 1)The Govemment may, by notification, make rules for carrying
out the purposes of this Act-
(2) Every rule made under this Act shall be laid, as soon as may
be, after it is made, before the Legislative Assembly while it is in session for
a total period of fourteen days which may be comprised of one session or
two successive sessions and if, before the expiry of the session in which it is
so laid or the next session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be
made, the rules shall thereafter have effect only in such modified form or
be of no effect, as the case may be, so however, that any such modification
or annulment shall be without prejudice to the validity of anything previötl%ly
done under that ruEes-
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
12
SCHEDULE
[See sections 9 (2) (f), 16 (1) and
year as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
years as a member of the Fund
1 ,ooo
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
11,000
12,000
13,000
14,000
15,000
16,000
17,000
18,000
19,000
20,000
21,000
22,000
23,000
24,000
25,000
26,000
27,000
28,000
29,000
30,000
By order of tie Govemor
BX- NAYAK
Principal Secretary to Government
Printed and published by the Director of Printing, Stationety and Publicafion, OSsa. C.IÄ-IO
OGP/SBP., Ex. Gaz. No. 1828—193+580 DTP-5-2-2009 Pit-5-2-m09
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THE ORISSAADVOCATES'CLERKSWELFAREFUNDACT, 2008
TABLE OF CONTENTS
PREAMBLE
SECTIONS
1. Short title , extent and commencement.
2. Definitions.
3. Advocates' Clerks Welfare Fund.
4. Establishment of Welfare Fund Committee.
5.Disqualificationand removalof nominatedmémbersof the Committee.
6.
9.
13.
23.
24.
25.
ResignationbynominatedmemberoftheCommitteeandfillingupof casualvacancies.
7. Actof the committeenotto be invalidbydefect,vacancy,etc.
8. Vesting and application of Fund.
Functions of the Committee.
10. Borrowing and investment of Fund.
11. Powers and duties of Secretary.
12.OrissaAdvocates' ClerksWelfareFundStamp.
Recognition and registration of Advocates' Clerks Association.
14. Duties of Advocates' Clerks' Association.
15. Membership of the Fund.
16. Paymentfrom the Fund on cessationof employment.
17. Restriction on alienation, attachment, etc., of interest of member in the Fund.
18. Group Life Insurance for members and other benefits.
19. Meetings of the Committee.
20. Travelling and daily allowance to members of the Committee.
21. Review.
22. Protection of action taken in good faith.
Bar of Jurisdiction of Civil Courts.
Power to summon witnesses and take evidence.
Power to make rules.
SCHEDULE
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