The rajasthan advocates welfare fund act, 1987

THE RAIASTHAN ADVOCATf,S WELFARE
FL,ND ACT, 1987t
{tEftgtl"Tg[fuffif qilFilutffi erfrr.r.r.rr:,ri7
(ActNo' l5of 1987)
lReceived the Assent of the Govemo on the 2Qh day of ApnL fgST.!
. l. R4iasthanAtt No. 20 of i99i5 w.e.f.2'4.5.1995; and
2. Rajasthan Act No. 09 of 2003, w.e.f. 5:4.20([}' ,
3. Rajasthan Advocate welfarc Fund (Arrcndnrenl) lSrrdinance' 2ol2-(4 of 2012)' Made
ani promutgared by the Govenrar qn the 25th day_of M1V-,.2O9. Noti. No. F. 4(8)
vidtilztafilz"it. ii.fzOrz' prU. in Raj. Co. r*tv. ert 4(tk), dt'.28'52012, Pg' 5(1)'
4. Rajastran Advocate Wetfare Furd (Emidrip0 Acti 2012 (26 of 2012) w.e.f.
25.5.2012.
An Act to prorride for the constituti,on of an'Advocates.welfare Fund and
utitisation ther$f for payment of certain death and retiremerit benefits to the
uaro"ut"t in the StaG ;f Raiasthan and for matter connected therewith and
i*ia*tut thereto.
Be it eflacted by the Raiasthan state Legislature in the Thirtyeighth Year of tL'ir'
Republic of India asfollovvs:-
CHAPTER. I
PreliminarY
l. Short fitle, extent and coimmencement{t) This Act may be called Th'*
Raiasthan Advocaies Welfare Fund Act, I 987.
(2) It extends to the whole of the State of Raiasthan'
(3) It shall come into force on such datC as the State Goverrunent may, t,'"/
notification in the Officiat Gazette, appoint'
2. DefinlfronsJn this Act, unless the conterc otherwise re{uires:-
(a) "Advocate" meaRs a person whose narne has been entered in the sQte
roll of advocates prepaed and rnaintained by the Bar Cg,tmcil of Raiasthan
State under Sectibn iZ of ttre Advochtes Act, 196! (Cenral Act 25 of l96li
and who is a member of a bar associalion; 
I
,[(aa) "Bar A3tociaflorl" means 'an assQciation of lar,rryers registered arlti
recognized bYthe Bar Council;I _ i
(b) ,iFund" means the Advocates Welfare Fund constituted under Section 3;
(c) ,,Bar Council" means the Bar Council of Raiasthan SDate constiUted unGEr
the Advocates Act, 196l (Cenral Abt 25 of 196l);
(d) "cessation of Pracdce" means removal of the name of an advocate fr1.m
i the State roll of advocates maintained by thc Bar Council on account of ftis
retirementor cleath;
' Published in Ra5asthan Gazene Ex Pan 4(A)' dL 21.4.1987 -
I b"r* inio r*J w.e.f. la.t t.:isEg 
"id" Nodfi*ddr'No. F.-32(9) Judl/83, dt. t3.l1,1989, Published in Raj.
Gaz. Exty., PartJV-C(ID dt. l3.l l.l9E9, p.291.
3 Inserted bi'Rajasrhan Act No. 20 of 1995 enfoc.ed w.c.f. 25.1995, Noti. No. F. 2(21') Vidhi-295' dt.
24.5.1995, nij. Caz. Extra Ordinary, Part IV-A dt.24.5.t995, pg- 77(8).
(5)
(e) "Deplndentr" means wife, husband, father, mother and unmarried minor
children of a member of the Fund and includes his widowed daughter and
maior children who suffer from physical disability or insanity and wh'o are
maintained by him or such of them who survive on his death;
(0 "Member of the Fund" r-neans an advocate who is admitted to the benefits
of ttte fund under the prolisions of this Act and continues to be a member
thereof;
fu) "Nomineez nleans nominee appointed- bV a m9mb9r of the Fund to
- feceive the b'enefits arising from such membership in the event of his
death;
(h) ,,Presci{bed" means prescribed by the Bar council by rulqs made under
this Act;
(i) ,stamp" or '\lvelfare Fund Fee Stamp" means stamp printed and
distributed under Section 19;
O 'State" means the State of Raiasthan;
(k) "suspenslon of Practce" means voluntary suspension of practice as an
advocate or suspension by the Bar Council for professional or other
misconduct;
(l) "Trustee Committee" means the committee established under section 4;
t[xxxx]
(m) Yalalafnarm" means and includes memolandum of appearance or any
other document by which an advocate is ernpowered to appear or plead
before any court, tribunal'or other authority legally authorised by any law to
take evidence or to adjudicate or decide any dispute 2[but does noEincludg
a memorandum of appearance authorising an advocate to appear on
behalf of another advocate ior the purpose of seeking adioumment only;
andl
3[(n) "Year' means a period of twelve months commencing from lst day of Jttly
and ending on the 30th day of June next.l
CTIAPTER.II
ConsdtuHon of Advocates Welfare Fund
3. Consdtutlon of Advocates Wellare Fund'-(l) The State Govemment shall
constitute a'F'und tobe called the "AdvocatesWelfare Fund"'
(2) There shall be credited to the Fund:-
(a) an initial amount of fifty thousand rupees to be contributed by Bar Council
to the Fund at'the time of its constitr.ltion;
(b) any further contribution that may be made by the Bar council;
(c) the amount paid by the Bar Councit under Section l3;
(d) any votuntary donation or contribution made to the Fund by the Bar
Sec.3l THE RA.IASTHAN ADVOCATES WELFARE FUNDACT, 1987 7
o
I Word .,and" deleted by Raj. Act No. 9 of 2003 enforced *Yr.f..Y:2Pl Noti' No. F. 2(10) Vidhi-
A2@3, dt. 5.4.2003; Raj: Gaz. Extrv qqryty-P."tt IV-A, dt. 5'4'2OO3, Pg' 17 and corrected bv
corrigendum of even rru.b"r dr. 2i.4.2N3, Pub. in Raj. Gaz. Extra ordinary' Part Iv-A' dt'
22.4.iffi3,pg.35.
' S"t.,i*t a Lv"Rajasthan Act No. 09 of 2003
3 Added by Rajasthan Act No, 09 of2003
8 TTIE RAIASTHAN ADVOCATES WELFARE FUND ACT, 1987 lSec.4
council of India, any Bar. Association, any other association or institution,
any advocate or any other person;
(e) any grant which is made by the state Govemment to the Fund underappropriation duly made in this behalf;
(0 any sum borrowed under Section I0;
(g) all sums received from the Life Insurance corporation of. India on thedeath of a member of the Fund under any Group Insurance poricy;
(h) any profit or dividend received from the Life tnzurance Corporation of India' in respect of poricies of Group Insurance of the members oithe fund;
(D any interest or dividend or other retum on any investment made of any partofthe Fund;
() all sums collected under section'16 r[towards] 2ladmission fees,] annualsubscription and interest thereon; and
(k) all sums collected by way of sale of stamps under Section 19.3[(3)xxxx]
3[(4)xxxx]
C}IAPTER - III
Establishment of Trustee Committee
4. Establishment of the TruEtee committee.-(l) The state Govemment shall,by notification in the official cazette, establish with effect from such a;i;-;;il;specified therein a committee to be called the "Raiasthan Aavocaies Welfare FundTrustee Committee'
(2) The Trustee committee shall be a body corporate by the aforesaid namehaving perpetual succession and a common seal with po*ui r" u"i'u-irllliil;;dispose of property and to enter into contract and shall by the said name sue and besued.
- (3) The Trustee Committee shall consist of:-
(a) the chairman of the Bar council of Rajasthan who shall be the chairmanof the Trustce Committee, ex-officio; .
(b) the Advocate General of Rajasthan,ex_officio member;
-(c) the Law Secretary, Golemment of Rajasthan, ex-oflicio member;
(d) the chairman of the Executive committee, Bar council of Raiasthan, ex-officio member;
(e) three other members of the Bar council nominated by the Bar council;and
(D ne secretary of the Bar council who shall also be the secretary of theTrustee Committee, ex-officio.
(4) A member nominated by the Bar council under clause (e) or sub-sec. (3)
t Substituted by Rajasthan Act No. 20 ot 1995
' InsCrted by Rajasthan Act No. 09 of 2003
' sub-section (3) & (4) were added by Raj. Act No. 2o of lggl,but later on deleted by Rajasthan Act No.09 of 2fi)3.
Sec.9] TI{E RA.IASTI{AN ADVOCATES WELFARE FUND 1987 9
shall hold ofhce for a term of four years or upto the duration of his membership in
the Bar Council whichever is less.
5. Disqualifrcadon and removal of nomlnated member of rrurteecommittee.iNo person shall be nominated and continue to be as a inember of
Trustee Committee under clause (e) of sub-sec. (3) of Sec. 4 if he- 
:
(a) is of unsound mind and stands so dectared by a competent court; or
(b) is, or at any time has been, adjudicated insolvent; or
(c) is or has been convicted by a criminal court for an offense involving moral
turpitude, unless such conviction has been set aside; or
(d) is a defaulter to the fund; or
(e) is debaned from practicing on the ground of professional or other
. misconduct; or
(f) ceases to be ah advocate under the Advocates Act, 196l (Central Act 25 of
le6l).
6. Resignaflon and casual vacancy of Nominated Member.-(l) Any member
nominated under clause (e) of sub-sec. (3) of section 4'by the Bar council may
resign his office by giving three month's notice in writing to the Chairman of the
Trustee committee and on such resignation being accepted by the chairman,
Trustee committee, the said member shall be deemed to have vacaied his office.
(2) If any member nominated under clause (e) of sub-sec. (3) of section 4:-
(a) becomes subiect to any of the disqualifications mentioned in Section 5; or
(b) is absent without leave from the Trustee Committee for more than three
consecutive meetings of Trustee Committee,
(3) A casual vacancy of a nominated member arising under sub-sec. (l) and
sub-sec. (2) shall be filled in as soon as possible in the same manner and for the
same term or duration as is mentioned in Section 4.
7. Act of rr.ustee committee not to be lnvalldated by vacanq&.defect or
irregularity.-No act done or proceedings taken, under this Act or the rules made
thereunder; by the Tru.stee committee shall be invalidated merely by reason of-
(a) anyvacancy or defect in the constitution of the Trustee Committee; or
(b) any defect or inegularity in the nomination of any person as a member
thereof; or
(c) any defect or inegularity in such act or proceedings not affecting the merit
of the case.
8. vesting and application of Fund.-The fund shall vest in and be held and
]!nn3a by the Trustee Committee subject to the provisions and for the purposes of
this Act.
9. Functions of rrustee commlttee.-(t) The Trustee cornmittee shall
administer the Fund.
(2) In the administration of the'Fund, the 'frustee committee shalt, subiect to
the provisions of this Act and the rules made thereunder,-
(a) collect, preserve, manage and utilise the Fund; .
(b) holtl the amounts and assets belonging to the Fund in trust;
0 TIIE RA"IASHAN ADVOCATES WELFARE FUND ACT, 1987 [Sec. l0
(c) receive applications for admission or re-admission to the fund and dispose
of such applications within ninety days from the date of receipt thereof;
' .(d) receive applications from the memhers of the Fund, their nominee,
dependmts or legal representatives, as the case may be, for payment out
of the Fund, and conduct such enquiry as it deems necessary for the
disposal of such applications and shall dispose of the applications within
ninetydays from the date of receipt thereof;
(e) record in the minutes book of the Trustee Committee its decision on the
applications received underclauses (c) and (d);
(0 pay to the applicant.unounts at the rates specified in the Schedule;
(g) send such periodical and annual reports, as may be prescribed, to the
(h) communicate to the applicant by registered post with acknowledgment
due its decision on the applications for admission or re-admission to the
Fund or claims to the benefit of the Fund;
(i) appoint such officers and servants as it may think necessary for carrying
out the purposes of this Act on such terms and conditions as may be
prescribed;and
0) do such other acts as are, or may be, required to be done by it under this
Actand the rules made thereunder.
't(3)xxxxlr[(4)xxxxl
10. Funds, botrowlng and inveehment.-(l) The Trustee Committee may, with
the prior approval of the State Govemment and the Bar Council, 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 receipt forming part of
the Fund in any Scheduled Bank 2[or Post OIIice] or invest the same in loan to any
corporation owned or cohtrolled by the Central Govemment or the State
Govemment or in loan floated by thg Central Govemment or the State Govemment
or in any other manner as the Trustee Committee may from time to time, decide
with the approval of the State Govemment.
(3) All amounts due and payable under this Act and all expenditure relating to
the managementandAdministration of the Fund shall be paid out of the Fund.
ll. Accounts and Audit-(l) The Trustee Committee shall keep and maintain
books of accounts and other books in such form and in such manner as may be
prestribed.
(2) The accounts of the Trustee Committee shall be audited annually by a
Chartered Accountant appointed by the Bar Council.
(3) The accounts of the Trustee Comqrittee as audited by the Chartered
Accountant together with his audit report thereon shiill be forwarded to the Bar
Council by theTrustee Committee and the Bar Council may issue such directions, as
it deems fit, to the Trustee Committee in respect thereof.
' Sub-sec. (3) & (4) were added by Raj Act No. 20 of 1995, but later on deleted by Raj.Act No. 09 of
2@3.
2 Inserted by Rajasthan Act.No. 09 of 2003.
Sec THE RA.IASTTI,AN ADVOCATES welrens,Fut{o 1987 il
(4) The Trustee Committee shilt comply with the directions issued by the par
Cotmcil under sub'sec. (3).
(5) The Trustee Corntnitree ihal pay from the Fund the charselfor the audit.
.,1(6) A copy of anhual audit report and the audited accounts shall be xint every
V""r ii-h-ittr.i'nar nsr"ciutions recggnised and registered under the provisions of
inistctl.
12- Porrerc and fudet of secretsry.-The sea.etaw of the Trustee,Ttry,rT
shall,-
(a) be the chief exqcutive authority of the Trustbe Committee and rcsponsible
for carrying out its decisions;
(b) represent the Trustee Committee in all suits and proceeding for and
against the Trustee Committee;
(c) a"rthenticate by his signatures all decisions and instructions of the Tnistee
(;omrnittee;
, (d) perate the bank accounts of the Trustee Committee iointly with the
.Chairman of the Trustee Committee or Ns nominee;
{e). convene meetings of the Trustee committee and record its minutes;
(fJ a?{end the meetings of the Trustee cornmittee with all necessary records
a id. information;
(g) nraintain suctr forms, registers and other record as may be prescribed from
tiime to tirne and do all c-orrespondence relating to the Trustee committee;
(tr) prepare an annual statement of business transacted by the .Truslee
Comrnittee during each financialyear, and
(i) do such other acts as may be directed by the Trustee committee and the
1:i. 1r *nsfer of Ceitatn Money to the Fund.-The Bar Courtcil shall pay to the
Fund arr.:rually an amount equal to twenty-live percent of the eruolment fees
realised bY it
CIIAPTER. TV
necogplUon and Reglstradon of Bar Associations
14. Recogddon dd Reglctradon of Bar Associations.Jl] All associatiohs of
advocates known by *y.ui," functioning in any part of the S]ateSuy'3:f-" 3
;il6G notineo uy ur" g* co,rrr"il in thf behalf, apply to the Bar Council in such
form as may be prescribed for recognition and registration
o rlProvtded that,it shall be necessary for every Bar Assockltion seeking
*"ogrriti* *a tugittr"li* with Bar Council to be registered under the Faiasthan
SociJties RegisratiorAct, 1958 (Act No. 28 of 1958): .
o prorllded furlher that oristing Bar Associations recognised and registered by
ttt" guo C""r"iirt uff, if not alreadyiegistered, get themselves registered under the
nalasUron Societies Registration frlt, 1S-SS. (Act No. 28 of 1958) within six months
i-rn n" date of coim"n""*ent of the Ralasttran Advocates Welfarq Fund
' eaaed Uy na3asthan Act No. 09 of 2003'
l2 THE RA"IAST}IAN ADVOCATES WELFARE FUNDACT, 1987 lSec. 15
(Amendmenr) Act, 2003 (Act No. 9 of 200s) failing which the Bar council may take
action under sub-sec. (5) against such fusociation :
O Provided also that the Bar Council may, for good and sufficient reasons,extend the said period of six months for a further period not exceeding one year.l
- (2) Every application for recognition and registration shall be accompanied bythe-rules or bye-laws of the association, narnes and addresses of the oflice-bearersof the association and upto date list of the members of the association showing thenarne, address, age, date of enrollment and the ordinary place of practice of 6achmember thereof.
(3) The Bar Council may, after such enquiry as it deems necessary, recognisethc association and issue a certificate of registration in such form'as -iy u"prescribed.
(a) The decision $ th9 nar Council regarding the recognition and registration ofa BarAssociation shall be final.
'[(S) fn" Bar Council may derecognise a Bar Association for neglect of its dutiesunder the Act :
O Provided that no order under sub-sec. (5) shall be passed without affordingan opportunity of being heard to the concemed BarAssociation.l
15. Duties of Bar A,ssociations.-(l) Every Bar Association shall, on or beforethe lSth day of April of each year, fumish to tne Bar Council and the Trustee.committee g list of its members as on the'31 st March of that year.'
(2) Every Bar Association shall intimate to the Bar Council and TrusteeCommittee about,-
(a) any change of the office bearers of the association within fifteen days fromsuch change;
(b) any thange in the membership including admissions and readmissions2[and the change in the addresr br tnu memner] within thirty days of suchchange;
(c) the cessation of practice or voluntary suspension of practice 2[or death] ofany of its members within thirty days from the date of such cessation orsuspension of practice 2[or death];
2[(cc) undertaking of any other business, profession or vocation by any of itsmembers as soon as it comes-ro the knowledge of rhe Bar erro"iutioniand
' (d) such otl,u,r maflers as may be required by the Bar council or the TrusteeCommitiee from tlme to time.
. '[(3) Every Bar Association shall hold the election timely as per its constitution,rules or by-laws and shall abide by the instructions or directions iisued, from time totime, by the Bar council of Rajasthan or the Bar Councit of lndia.l
' eAaea Uy nalasthan Acr No. 20 of 1995.
' Inserted by Rajasthan Act No. 09 of 2003
' Added new sub-sec. (3) of sec. 
-rl_ !r rhe Raj. Advocate werfare Fund (Amendment) Act,2or2 (ActNo.26 of 2012). Noti. N-o. F.z(3sividhiti2otz,dt. t7.to.2otr,p;.;ii;j:baz. Extra_orrr. part
c
)
CTIAPTER:V
Membershlp ln the Fund and Palmenttherefr,om
16. Memb€rchlp ln ffre Fund.{l) Every advocate practising before any Cowt,
Tribunal or other authority legally authorized by any law to take eJidence or to
adjudicate or decide any dispute in ftre State shall apply to the Trustee Comnilftee
for admission as amember of the fund in such form as may be prescribed:
(2) On receipt of an application under sub-sec. (l), the Trustee Committee shall
make zuch enquiry as it dems fit and either admit the applicant to the Fund or, fgr
O Provtded that no order reiecting an applicalion shall be passed unlesg the
applicant has been given an opportunity of being heard against reiection of his
application.
'z[(3) Every appiicant shall pay aR admission fee of Rs. 400/- in lumpsum
alongwittr appiication for melmbership, which shall be credited to the account of
Trustee Committee.l
(4) Iu the event of rejection of the application, ttrc admission fee paid shall be
refunded to the applicant.
'z[(5) Every member shall pay 3[in advance] an annual subscription to the Fund
Sec. 16l 1987 l3
on or before the 30h June of at the
O Provided that a member of the fund may deposit in lump-sum a surh of Rs.
/[l 7,500/-l and in that event he shall not be required to pay annual subscription 9[:l
I Deleted thb proviso "Provided that such Advocate has not attahed the age of 45 years on the date of
submission of appllcation seeking admission to the Furd." by The Raj. Advocate Welfare Fund
(Amendment) Act 2Ol2 (Act No. ?-6 of 2Ol2). Noti. No; F. 2(39) YitJhil2l20l2, dt. 17.10.2012, Prrb.
in Raj. Gaz. Extra-Ord. Paft 4C{) dL 17.l}.z}lz,pg. 37(l), w.e.f .25,5.2O12
z Substituted by Rajasthan Act No. 2O of 1995.
3 Inserted by Rajasthan Act No. 09 of 2fi)3.
4 Substiruted Uy me na;. Advocatc Wclfare Fund (AmendmenO Act,2Ol2 (Act No. 26 of 2012). Noti.
No. F. 2(39) Vidhil2[20lz, dr. 17.10.2012, Pub. in Rai Gaz. Exra-ord. Faft 4(o,&. l7.LO.2OLLp$,
37(l) for "Rs. 200", w.e.t 25.5.2012 .
5 Substitutcd by The Raj. Advocatc Wclfarc Fund (Amendrnent) Act, 2Ol2 (Act No. 26 of 2012). Noti.
No. F. 2(39) Vidhtru2Al2, dt. l7 .10,2012, Pub. iu Raj. GaL. Exra-Ord- Part 4(iD) dt. l7 .lO.2Ol2, pg.
37(1) for "Rs. 500", w.e.f.25.5.2012
u Subsiitutea by The Raj. Advocate Welfarc Fund (ArnenCmcnt) Act, 2Ol2 (Act No. 26 of 2Ol2). Noti.
No. F.:2(39) vidhn2lz0lz, e.. fi.lO.ZOl2, Pub. in Raj. Gaz. Exna-Ord. Part4(o) dr, 17.lO.2Ol2, pg.
37(I) for "Rs. 750", w.e.f.25.5.?.Q12
7 Substituted by The Raj. Advocats Welf* Fund (Amcndmen$ Act, 2012 (Act No; 26 of 2012). Noti.
No. F. 2(39) VidhiNclz}lz, dt: l7.lO.2Ol2, Pub. in Raj. Caz. Extra-Ord. Part 4(6) dt. 17.10.2012, pg.
37(l) for "Rs. 10,00O", w.e.f.25.5.2012
8 Substituted by Rajasthan Act No. 09 of 2003.
Rs.(i) the standing of the Advocate at the Bar is
five
(ii) the standing of the Advocate at the
ot is less than tenfive
Rs. s[750/
(iiD the standing.of thg Advocate at the Bar is
or more-
Rs.6[l
-l
t4 THE RA"TASTHAN ADTt'OCATES \I/E TARE 1987 l6
O r[kovided firrther that the prospective member shall pay the full
subscription of the current year alongwith the admission fee to the fund 2[:l
O 3[Proyided also that if annual subscription of'current year is not paid on or before
30h June, the member of thb Fund shall be liable to pay on the amount of arrear an
inter-est at the rate of Rs. 1.50 per hundred per month from the date on which subscription
becomes due.l
(6) Any member who fails to remit the annual subscription on or before the due
date mentioned in sub-sec. (5) shall, upon notice in writing of one month beinga[issued to him undir.postal certificatel by the Trustee Committee, be liable to be
removed bythe Trustee Committee ftom the membership of the Fund.
n[(7) A person removed from the membership of the Fund under sub-sec. (6)
shall be re-admitted by the Trustee Committee to the Fund on payment of the
arears of subscription due against him alongwith interest thereon at the rate of 1.50
rupees per hundred per month from the date the subscription became due and
100/- rupees as readmission fees within one year from the date of his removal :
O Provided that where a member does not move application for re-admission
within stipulatbd period the amount deposited by way of subscription shall be
refunded to him if he has not been granted arry ex-gratia under Section 25 or he is
not entitled for any benefit under Section l7.I
(8) A member of the Fund may, at any time after his admission to the
membership of the Fund, make a nomination in the prescribed form appointing one
or more person to receive the benefits arising from his membership of the Fund in
the event'of his death.
(9) If a member nominates more than one person under sub-sec. (8), he shall
specify in the norirination the amount or share payable to each o[ the nominees in
such manner as to cover the whole of thc amount that may be due to him.
(10) A member may at any time cancel his nomination by sending notice in
writing to the Trustee Committee and in that event, he shall be entitled to make a
fresh nomination during the continuance of his membership in accordance with
sub-sec. (8).
(l!) Every mcmber wlto voluntarily suspends practice or retires shall, within
Iifteen days of such suspension or retirement, intimate that fact to the Trustee
Committee and if suchfnember fails to do so without sufficient rcason, the Trustee
Committee may reduce, in accordance vvith such prineiples as may be prescribed,
the amtiunt due to that member.
tt(t2) A member who ceases to practice in Rajasthan shall automatically cease
to be a member of the Fund and such member shall be entitled to receive the
amount of subscription deposited by him, if he has not been.$anted any exgratia
t Added by Rajasthan Act No. 09 of 2fi)3.
2 Substituted by The Raj. Advocatc Welfare Fund (Amendment) Act, 2Ol2 (ActNo. 26 of 2012). Noti.
No. F. 2(39) Yidhtnn0l2, dt. l7.t0.z0l2, Fub. in Raj. Gaz. Extra-Ord. parr 4(if) dt. 17.lO.zAtZ,pe.
- 37 (l) for the punctuation mark'.- w.c.f . 25.5.2O12
' Addcd "New Proviso'' by Thc Raj. .\dvocate.welftre rurd (Alnendmcnt) Act, 2012 (Act No. 26 of
zAlD. Noti. No. F. 2(39) Yiilril2n01.2, dt, 17.10.2012, Prrb. in Raj: Gaz. Extra-Ord. Part 4(61 dt.
n .rc.2012, pe. 37(l), w.e.f .25.5.2012
" Substin*ed by Rajasthan Act No. 09 bf 2003.
i
Sec l7l TI{E RAIAST}IAN ADVOCATES WELFARE FUNDA T, 1987 r5
under Section 25 or; as the case may be, the benefits undgr Sd.-t 17 upto ttm dale
of such cessation.
(13) A member of the Fund, who is punished fo professional misconducl wtder
the Advocates Act and is suspendeh from practke, shall not be entitled to hnefrs
of the Fund for the period of such suspension nor shall be required to pay yeaily
subscription for such Period.l
17. Payments from the Fund on cecsation of Pracdce.-(l) A member of the
FUnd who completes a period of five years'practice after he hecomes member'Of
the Fund shall, subject to the provisions of this Act, be endlted on cessaton of
practiCe to receive out of the Fund an amount corresponding to ilrc number of }'ears
Brplanation.-(i) For the purpose of calculating the. number of years of
standing of a member of the Fund for the purpose of ttris sub;section, every fgur
years' practice as an advocate before the admission ola member to the Fund shall
be counted as oRe year's standing and every yea'Of practiee o'er and :ibove four
years before such admission shall be counted equivalent lo three months' standing
and the total number of years of standing so cotrnted shall be added to the,number
of years of practice after such admission.
(iD The period during which a member { the Fund renrained under suspension
shall not be considered for the purpose of corurling the years,of standing:
O r[hovided that a member shall be entitled to claim an alnount oj \. S!O/- for
a fraction, if any, remaining after dividing the number of years of practice by four as
per Explanation (i)'[:l
O 3[Provided further that in the event of death of a member the sumpayabte
undei this sub-section shall be the amoulrt as 3pecified in the Schedule or a[rupees
two lacs fifty thousandl whichever is higher :
O s[providcd atso that the provisions of second proviso shall not be applicable in
respect;f a member who is admitted or readmitted after the age of forty five years :l'
o Provlded also that th€ mernber admitted to 'the Fund after the
commencement of the Raiasttnn Advocates Welfare Fund ($n"ndmgnt) Act, 2003
(Act No. 9 of 2003) shall not be entitled to the benefit of Brplanation (i).1
(2) In the event of death of a member of the Fun{ the amount to which the
member rvas entitled shallbe paid to his nominee or where the.re is no nominee, to
his dependents and in absence thereot, to his legal heirs sutriect to their obtaining a
succession certificate from t]rc competent court.
tt(3) The amount payable as per subscc. (l) can be claimed after completion
of nftcen years practice as an aavocate or on attaining fifty years of age, w[ichever is
I Substiluted by Rajasthan Act No - 2O of 1995.
- 2 Sutstituted.by Rajasthan Act No. 09 of 2fi)3.
3 eaaeO Uy najasthan Act No. 09 of 2il)3. t
. b;bdil-6t rrr" i";. aa*o..te \\,€lfare nrnrt (Ar*ndmcnt) Act, 2Ol2 (Acr'No. 26 of 2Ol2): Noti.
No. F.2(39i vidtljr'2n}l2d'-. 17.10.2012, Pub, inRaj. Gi1. Extra'Ond. Prt4COdt' 17J0'2012'pg'
37(lXor'tupccs- irDc lad" w n.f . 25 -5.2O12
5 Inserted .New hovisoJii m" ir"i.',la.o" welfare Fund (amrrcnO Acr.2fitz (AcNo.26 9f
2ol2). Nori. No. r. ztig) vieii41l1, dL l7JA,2ol2, p1S. io Raj. Gdz' Eilra4rd' Part 4(iE) dt'
n JO mn, Pg. 37( l), w..e.L 25.5.2O12
r[later], but the member will have to seek retirement as an advocate and shall not
be entitled to be enrolled as an advocate and to become member of the fund.l
-- O rlProvlded that a member suffering from permanent disablement shall beallowe! to draw the amount before com-pleting lifieen years of membership or fiftyyears of age or, as the case may be, both.I
(1) An application for payment of the amount from the Fund admissible to amernber shall be made by him to the Trustee committee in such f..- ;;;t b;prescrhed. In the case of a member who voluntarity ceases-to be in practice
lothgtlvtse than on account of his death) within five years of his admission to tfreFund, heshatt be entitled to the refund of the annual suuscription fi; ilhil;il;;srrb''sec. (5) of section 16 on his making an applicadon ther&or in-such for* * rnuy
.. qlAI 
"peffc$ion 
receiued under sub-sec. (B) or sub-sec.J4) shafl be disposedof by the Trustee commitee after such enquiry as it deems 
"""'"ri.ry. 
-
t[l8. Rertrtcdon on benef,tc ftom the Fund.-(t) n-otwithstanding any6ing 1ethe €ontrary co-ntained in this Acr, if any edvociie i6; hir;ffision to the Fund
i9!r, qr- ernployment, he shall cease to be. a meinber of the Fund and if hl,thereafter, gets re-admission to the Fund within a period of fifteen v"*r, G ,nurr i-Jentiued to the benefit as p_er the schedule append-ed to section lz-for such nrrnbL,o.f ygars of standing as he remains mem6er of the Fund before .ioining suchemployment and after such re-admission.
,(2) Notwithstanding anything contained in this Act, a person who gets himselfenrolled or resune as an Advocate after serving under anlemployer roiu p".ioa oinot less than fifteen years, shall not be entitled to become u *.-b., of ihe Fundnor to receive any benefit of the Fund.
(3J A n91on who is in full time service gets himself enrolled by virtue of rheprovisions of the Advocates Act, lg6l (central Act No. 25 of lg6l) and rules framedthereunder by the Bar Council of India and State Bar Council shali not be entitled tobecome a member of the Fund.].
CIIAPTER - VI
PrinHng and Distribution of Stamps
^ I9.-_Hnting and dtstribuffon of stamps by z[Trustee committee/BarC.ouncill.-(_l) -2[Trustee Committeey'Bar couniill rtiull "um" t. u" pririJ"a
distributed welfare F_und^stampg of the value of 3[nventy five rupeesJ *itt t"2[Trustee committee/Bar Councill emblem and its 
"airu 
olulo"gwin-serial numberlinscribed thereon.
^ 12) The stamps shall be of the sizc l, x 2, and sold only to members of theFund.
_ (3) -The custorly of the stamps shall be lvith the 2[Trustee committee/BarCouncill.
l6 THE RA"'ASTI{AN ADVOCATES WELFARE FUND ACT, 1987 Sec. 18
I Substituted by Rajasthan Act No. Os JfzOO:.
'Substituted by Rajasthan Act No. X) of 19953 Substituted Uy ffie na.;. eA"ocate weif#-Fund (Amendnrent) Act, 2ot2 (ActNo. 26 of 20t2). Noti.No. F. 2(39) vidhi/2nol2, dr. tz.lo.20l3, pub. in Raj. Gaz. Extra-ord. parr 4(o ar. n.io.ioti,ps.. tl(l) for "tcn rupees", w.c.f . 25.5.2O12
' Inserted by Rajaqthan Act No. (D of 2003.
1
Sec. 231 TIfi RAINII{AN ADVOCAIES U/EtFARE FUNDACTi t987 l7
- . 
(4) The r[Trtrstee Comi,ittee/Bar Cormcill shal control the distribution and saleof the stamps through BarAssociations.
(5) Ttre 'lTrustee Cqnmitee/Bar Council] and the Bar Associaffons shall keepproper accounts of thc starnps in such form and in su"rr.m*ner as may bLprescdbed.
(6) Ttre, Bar Assochtions shall
Committee/,Bar Counefl after payrng
value towards incidental o(penses.
'zlo)_The stamp v.gndor may arso purchase stamps directlY hom tre sarcounciurrustee committee on payment- of the face oil J the stamos leib,commission of 5% on such face value.l , 
-----'l 
, 
-r-I,
_ 2O Vatdfrrarira fb beq.!tanp-(l) lJEvery adnocatel shal affi:r slx x x xlweffare Fund fee sFIpl of 1ltwenty rrve nrpeesl rereneir'to in ruu*c. tri "its$* 19 on euery vakalatsrama filed by him "na no valolaharna sha[ be filed
|erde c rBoelued by any Court, Tlibunal or other authority tx penron refered ro inSection 16 rmtess it is so stamped.
(2) The value of the stamp shall neither be the cost in the case nor be receiraedqcollectedlnanyeventfrqntheclient 
. 
--- :
(3) In case a member of the Fund rcceives or collects the value of stamp homhis cHent, he shatt [ !rymea !o be guirty of miscondu"t *,J,ir:irffit;;contained in section BS of the Advricates Act, 196l (c€ntral Act No. zl or r-g6U rl,ult
21. Cancellafron _of stampr.-Every starnp affired on Vakalaf,rama rrnder sub_
lec. (l) of Section 20 filed in any Court or Tribu-nal or before ;iolt ., authority.shallbe cancelled in thg manner provided under Section 6g of rhe ifai*n* Corrt FeesandSuitsValuationAct, 196l (RaiastltranActNo.23of lg6l). r. : -I ---
. C}IAPIER - vII
r. Mhcellaneous
- x2. Mcedng of rrurtec commrtlee.-Trrc Trustee cgmmittee shar meet,.atleast once in three calendar months or rxre often, if f.dJ;;;:saq/, ro transactbusiness under this Act or the rutes madsthereunder.
2& Manncr of holdlng tcedng.{l) one-forttr members of the Trusteecommittee shall forrn the quoum for tlrc meedng of the committce.
(2) The Chairman or ln hls absence a mernber elected by the members of theTnrstee commiltee present uull preside or€r a rneeu.s ;r **trrrL committee:
- . 
(Slm9 meeti4gs of the Trustee Cqnmitee shall ordinarily be held at_the officeof the BarCouncil.
() Any a6tter comirry up before the mccting of the Tlustee Committee sln[ bedecided by a rnaiority rote of tho members present ard voting 
"t rt* -*rirrg "rrd;
purchase the stamps from the" i{Truttee
the value thereof less ten pereent of sueh
I Substitutcd by Rajnsthan ls 11o. 20 of 1995. '
2ldded by Rajasthan Act No. 20 of 1995r Dcleted by ftajaithan Act No. 20 of 1995.t suustitutca uy nte Rej. navocea_wcif&: Funt 146ott6rr",*, Act,aolz(Act No: .26 of 612), t{oti.
'No. F. 2(39) vi&iruzOt2, dt. 17.10.20t2, hrb. in Raj. Gaz. Ertra-ord. nm qo arri .io:iliti,ii.
3?(l) for "ten rupces", rv.c.f. 25.5.2012
l8 T}IE RA.IASTFIAN ADVOCA,TES WELFARE FUND ACT, 1987 lSec.24
the case of an equality of votes, the chairman or the member presiding over lhe
meeting shall have a casting vote.
,(5) The Secretary of the Trustee Committee shall not have a voting right in the
meeting.
24. Travelllng 'and daily allowances to the members of the Truttqe
Commlttee.-Th" *"rnU"rc of the Trustee Committee shall be eligible to get 19h
travelling allowances and daily allowances as are admissible to the members of the
Bar Council.
,126. Exgattagrant to a member of the Fund.{l) The Trustee Committee,
on uri upprcit"" iriU*itt"O to it, and after being satisfied about the genuineness of
the claim, may allow ex-gratio Srant to a member from the funf
(a) in case of hospitalization- invoh,ing a maior surgical operation other than
that sPecified in clause (b); or
(b) if he undergoes open heart qurgery, organ transPlantation or angioplasty or
'-' is suffering-from tuberculosis,leproslt paralysis, cancer' unsoundness of
. mind, AIDS, paraplegia or disablement certified by a Medical Board to be
(2) The grant so allowed shall not exceed a suln of Rs. 40,000/- in cases falling
unaer ctause-(a) and Rs. 1,00,000/- in cases falling under clause (b) :
o providcd that the claim shall not be more than once in a period of five years:
O proyidEd furthcr that the member admitted or re-adrnitted after the age of
a5 yearstsnatl not be entitled to receive any ex-gratia grant'l '! 
:
26. Group life inrurance for members qnd o$er, benetlts--The Trustee
Committee miy, for the welfare of the members of the Fund,-
(a) obtain from the Life Insurance cotporation of tndia, policies of Group
lnsurance for the members of the Fund;
(b) provide for medical and educational facilities for the members of the Fund- - 
lr"a their dependents,including an insurancc for that purposb; or
' (c) provide for such other benefits artd amenities as may be prescribed'
27. ResEtcdon on allenadon, attachment, etc. of lnterrert of member'T 9"r""J-tD N"t*tthstanding anything con&ained in any other lawJor the time being
in force, t5e interest of -uni memUer in the- Fund, or the right of a member'o-r his
nominee, dependents or legal heirs to receive any.amount from the fund shall not
be assigned, alienated or charged and shall not be liabte to att'achment under any
decree-or order of any court, tribunal or other authority or person.
, (2) No creditor of a niember of the fund shall be entitled to.proceed against the
F.und or the interest iherein of such member or his nominee, dependents or legal
heirs.
O nrptanation.-For the purpose of this section, 'creditot' includes the State or
an officiai assignee or receiver appointed under any of the insolvency laws or any
other law lbr the time being in force.
28. Protdction of action taken ln good fatth.-(l) No suit, prosecution or other
' substituted ttre fsec. 25" by Ilre Raj. Advocate wclfart Fund (Amerdment) Act, 2012 (Act No' 26 of-;orrl 
Nou. ... F; 2(39) yidhitaz1t2, dt. 17.!0.2012, Pub. in Raj' Gaz. Extra{rd. p414(ir) dt'
t7 ;luiotz,pg. rztr ), w.e-f . 25.5.2012
Sec.32 TI{E RA"IASTHAN ADVOCATES WELFARE FUNDACT, l9
legal proceedings shall lie agalns! any persbn for anything which,is in good faith
done or intended tb be done in pursuance of this Act or any rutei made thereunder.
(2) No suit or other tegal proceedings shall lie against the Trustee Commisee 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 rules made
thereunder.
29. Bar of Jurisdtcdon of civil eoufts.-No civil court shall have iurisdiction to
set0e, decide or deal with any question or to determine any matter which is by or
under this Act required to be settled, deeided or dealt with or to be determined by
Trustee Committee or the Bar Council.
30. Porver to summon witneeses and to take evldence.-The Trustee
Committee and the Bar Council shdll for the purposes of any enquiry under this Act,
have the same powers as are vested in a cMl eourt while tryrng a suit ynder the .
Code of Civil Procedure, 1908 (Central Act V of 1908) in respct of the fotlorruing
matters, namely:-
(a) enforcing the attendaice of any perEon or examining him on oath; ' :
':(b)requiiingthediscoveryandirqductionofdocumentsi,-i.'..,...,-
(c)receivin!evidericeonoathbyafidaviqanp.:.'].
(d) issuing commissions for the oramination of witnesses.
31. Appeal agatrct dedslon of the'Trust*e Commltbe,-(l) An appeal
against any decision of the Trustee Committee shall lie to the Bar Council. The
uppeal stratl te in the piescribed form and shall be hccompanicd urith a copy of the
decision appeated againit. The appeal shall be filed wJthin,thirty days from the date
of the receipt of the order appealed against
(2) The decision of the Bar Couricil on appeal shall be final.
32. Porver tq malce rules.-- The Bar Council may, with the previous approval of
the State Govemment by notification in the Officiat dazette, *alce rules for carrying
out the purposes of this Act.
i***
' ISTATEMENT OF OBJECTS AND REASONS
Average lawyer faces hazards and hardships, the rlgours of which can be reduced and
softened wtth purpsefrd sociat security and social insurance. The legal profession ls no d6ubt
affhrent at lhe try and the uppcr mtddle levels, but there are many in the profession whose earrdngs
arc meagre andwhose savings are negligible.
To ensure social security to lhe memberc of the legal profession in the State of R{asthan lt has
been considerdd expedient to consdtute by law an Advocate Welfari Fund to be managed by a
statutofy trustee committee. so that.in the event of rcmoval of the name of an-advocate from the
State Roll maintained by thc Bar Councit on account of his retirement or deatfu he or his nominee or
his dependents, as the case may be, may get from the said fund a lump surh amor.rnt calcr-rlated on
the basls of years of his starrdlng. Thls measure would provlde social seonity to the membets of
legal professbnl.
I Published in Rajasthan GazetteBxttaudinar,v, Part III-A; dt. 1.9.1986, p, 3GA.
20 TllE RA"IASTHAN ADVOCATES WELFARE FUND ACT, 1987 [Schedule
5 years membership
6 years membership
7 years m€mbership
8 years membership
. 9years membership
l0 years membership
l1 years- membership
12 years membership
l3 years membership
14 years membership
l5 years membership
16 years membership
l7 year.s membership
lSyears membership
19 year3 membership
20 years membership
2l y.ears membership
,22yearsmembership
23 years membership
24years. mery-rbership
25 years membership
26 years membership
27"ygays membership
2Syeqrs melnbership
29years membership
30 yeats membership
3l years rnembership
32 years membership
33 years membership
34 years rnernbership
35 years membership
36 years membership
37 years membership
3Eyears memberslrip
39 years inembership
40 yehrs rnembership
' t'
| 
ISCHEDULE
lsee Sec. l7l .
Rs. 19,000/.
Rs. 22,000/-
Rs. 25,000/-
Rs. 28,000/-
' Rs.31,000/-
Rs.36,@0/-
Rs.41,000/-
Rs.46,000/-
Rs.51,000/-
Rs. 56,000/-
Rs. 6l,000/-
Rs. 67,000/-
Rs. 74,000/-
Rs. 81,000/-
Rs. 88,000/-
Rs. 95,000/-
Ri. 1,05,000/-
Rs.I,15,000/-
Rs. I,25,000/-
Rs. 1,35,000/-
Rs. 1,45,000/-
Rs. 1,62,000/-
Rs. 1,79,000/-
Rs. 1,96,000/-
Rs.2,13,0001-
Rs.2,30,0@/-
Rs.2,55,000/-
Rs.2,E0,000/-
Rs,3,05,000/-
Rs.3,30,00b/.
Rs.3,55,000/-
Rs.3,90,000/-
Rs,4,25,ffi0/-
Rs.4,60,000F
Rs.4,95,000/-
Rs.5,30,000/.1
* {r*
! Substitpted tbe "schedule'by fire Raj. Advocate Welfare FuEd (tuneodment\ Act Zgl2(Act M. 26 of| 2Ol2)'. Noti. No. F. 2(39) \lidhDn\tz, dt. 17.10]2OtZ. hrb. in Raj- Gaz. Exfe€rd p6 a6rf) dt
' l7.t0.z0tz, p!. 37(l), rv.e.f. 25.5 2otz
.1

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