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The Telangana Advocates Clerks Welfare Fund Act, 1992.

Telangana · state statute
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THE TELANGANA ADVOCTES’ CLERKS WELFARE FUND ACT, 
1992. 
(ACT NO. 13 OF 1992.) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Advocates’ Clerks Welfare Fund. 
4. Establishment of Welfare Fund Committee. 
5. Disqualification and removal of nominated members of 
the Welfare Fund Committee. 
6. Resignation by elected member of the Committee and 
filling up of casual vacancies. 
7. Act of Committee not to be invalidated by defect etc. 
8. Vesting and application of Fund. 
9. Functions of the Committee. 
10. Borrowing and investment of Funds. 
11. Powers and duties of Secretary. 
12. Printing, Custody and Distribution of the Andhra 
Pradesh Advocates and their Clerks Welfare Fund 
Stamp. 
12-A. Apportionment of sale proceeds and the cost of printing 
of stamps. 
13. Recognition and Registration of Advocates’ Clerks 
Association. 
14. Duties of Advocates’ Clerks Associations. 
15. Membership of the Fund. 
15-A. Retired person is not eligible for membership. 
2  [Act No. 13 of 1992] 
16. Payment from the Fund on cessation of employment. 
17. Group Life Insurance for members and other benefits. 
17-A. Restriction on alienation, attachment etc; of interest of 
member in Fund. 
18. Meetings of the Committee. 
19. Travelling and Daily Allowances to Members of 
Committee. 
20. Review. 
21. Protection of action taken in good faith. 
22. Bar of jurisdiction of Civil Courts. 
23. Power to summon witnesses and take evidence. 
24. Power to make rules. 
 
  THE TELANGANA ADVOCTES‟ CLERKS WELFARE FUND 
ACT, 1992.1 
 
ACT No. 13 OF 1992. 
 
1. (1) This Act may be called the  2Telangana Advocates‟ 
Clerks Welfare Fund Act, 1992. 
 
 (2) It extends to the whole of the 2state of Telangana. 
 
 (3) It shall com e into force on such  date as the 
Government may, by notification, appoint. 
 
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 Andhra Pradesh un der 
section 17 of the Advocates‟ Act, 1961 and who is practising 
as an advocate in the State of Andhra Pradesh; 
 
 (b) „Bar Association ‟ means an  Association of 
Advocates recognised by the Bar Council under section 13; 
 
 (c) „Bar Council ‟ means th e Bar Council  of Andhra 
Pradesh constituted under section 3 of the Advocates‟ Act, 
1961 (Central Act 25 of 1961); 
 
                                                           
1. The Andhra Pradesh Advocates‟ Clerks Welfare Fund Act, 1992 
received the assent of the Governor on the 15 th April, 1992. The said Act 
in force in the combined State, as on 02.06.2014, has been adapted to 
the State of T elangana, under section 101 of the Andhra Pradesh 
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. Telangana 
Adaptation of Laws Order issued in G.O.Ms.No.45, Law (F) Department, 
dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Short title, extent 
and 
commencement. 
 
Definitions. 
 
Central Act 25 of 1961. 
 
 
Central Act 25 of 1961. 
2  [Act No. 13 of 1992] 
 (d) „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 or on death; 
 
 (e) „Committee‟ means Andhra Pradesh  Advocates‟ 
Clerks Welfare Fund Committee constituted under section 4;  
 
 (f) „Dependent‟ means wife, husband,  father, mother 
3[or children or legal hairs;] 
 
 (g) „Fund‟ means the Andhra Pradesh Advocates‟ 
Clerks Welfare Fund constituted under section 3; 
 
 (h) „Government‟ means the State Government; 
 
 (i) „Member of the Fund ‟ means an Advocates‟ Clerk 
admitted to the benefit of  the fund and continuing to be a 
member thereof under the provisions of this Act; 
 
 (j) „Notification‟ means a notification  published in the 
Telangana Gazette, and the word 'Notified' shall be  
construed accordingly; 
 
 (k) „Prescribed‟ means prescribed by rules made under 
this Act; 
 
 (l) „Recognised Clerk ‟ means a c lerk employed by an 
advocate and recognised by such authority and in such  
manner as may be prescribed; 
 
 (m) „Retirement‟ means stoppage of employment as an 
Advocates‟ Clerk for reasons other than joining service or for 
carrying on any other gainful occupation,  communicated to, 
and recorded in the manner prescribed; 
                                                           
3. The words “and unmarried minor children or such of them as exist”  
substituted by Act No. 4 of 2003. 
[Act No.13 of 1992]  3 
 (n) „Stamp‟ means the Andhra Pradesh Advocates‟ 
Clerks Welfare Fund Stamp  issued by the Government 
under section 12; 
 
 (o) „Welfare Fund Committee ‟ means the Committee 
established under section 4; 
 
 (p) „Vakalat‟ means a Vakalatnama,  memorandum of 
apperance or by any other document by which an Advocate 
or any other  legal practitioner is empowered to appear  and 
plead before any court, tribunal, authority or person. 
 
3. (1) With effect on and from the commencement of this 
Act the Government shall, by notification constitute a fund to 
be called the Andhra Pradesh Advocates‟ Clerks Welfare 
Fund. 
 
 (2) There shall be credited to the Fund,- 
 
  (a) all amounts paid under section 12; 
 
  (b) any voluntary donation 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 grant made by the Central  Government or the 
State Government to the Fund. 
 
  (d) any sum borrowed under section 10; 
 
  (e) any profit or di vidend received from the Life  
Insurance Corporation of  India in respect of policies of: 
Group Insurance of the members of the Fund; 
 
  (f) any interest or dividend or other  return on any 
investment made of any part of the Fund; 
Advocates‟ Clerks 
Welfare Fund. 
 
4  [Act No. 13 of 1992] 
  (g) all sums collected under section  15 by way or 
application fees and  annual subscriptions and intere st 
thereon. 
 
 (3) The sums specified in sub -section (2) shall be paid 
to or collected by,  such agen cies, at such intervals and  in 
such manner and the accounts of the Fund  shall be 
maintained in such manner, as may be prescribed. 
 
4. (1) The Government may, by notification, establish with 
effect on and, from such date as may be specified therein, a  
Committee to be called the Andhra Pradesh Advocates‟ 
Clerks Welfare Fund Committee. 
 
 (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,- 
 
  (a) the Chairman of the Bar Council  who shall be the 
Chairman of the Welfare Fund Committee, Ex-officio; 
 
  (b) the Secretary to Government, Legal Affairs or his 
nominee not below the rank of a Deputy Secretary,  
Ex-officio: 
 
  (c) the Secretary to Government, Legislative Affairs or 
his nomin ee not  below the rank of a Deputy Secretary,  
Ex-officio; 
 
  (d) the Secretary to Government,  Revenue 
Department or his nominee not below the rank of a Deputy 
Secretary, Ex-officio; 
 
Establishment of 
Welfare Fund 
Committee. 
 
[Act No.13 of 1992]  5 
  (e) the Registrar (Judicial), High  Court of Andhra 
Pradesh or his nominee not  below the rank of a Deputy 
Registrar, Exofficio; 
 
  4[(f) three members to be nominated  from among the 
recognised 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, who shall operate 
the Bank Accounts of the Committee join tly with the 
Chairman;] 
 
  5[(g) a Secretary to be appo inted by the Chairman in 
accordance with such regulations as may be made by the 
Committee in respect of the recruitment and conditions of 
service of such Secretary. He shall be pa id out of the 
Advocates‟ Clerks Welfare Fund: 
 
 Provided that the Secretary appointed under this 
clause shall not have the right to vote a t the meetings of the 
Committee: 
 
 Provided further that a Secretary shall be appointed in 
accordance with this clause within a period of two months 
from the date of commencement of the A ndhra P radesh 
Advocates‟ Clerks Welfare Fund (Amendment) Act, 1994 
and till such appointment is made the Secretary to the Bar 
Council shall continue to be the Secretary of the 
Committee.] 
 
 (4) A member nominated under clause  (f) of sub -
section (3) shall hold office 4[for a term of five years] or until 
he ceases to be a recognised clerk which ever is earlier. 
                                                           
4. Substituted by Act 4 of 2003 and again s ubstituted by Act No. 30 of 
2006. 
5. Substituted by Act No. 21 of 1994. 
6  [Act No. 13 of 1992] 
5. A member nominated under clause (f) of  sub-section 
(3) of section 4 shall be disqualified to be a member of the 
Committee, and cease to be such member, if he,- 
 
  (a) becomes of unsound mind; 
 
  (b) is adjudged insolvent; 
 
  (c) is absent without leave of the  Committee for more 
than three consecutive meetings of the Committee; 
 
  (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. 
 
6. (1) Any member nominated under clause  (f) of sub -
section (3) of section 4 may resign his office by giving 6[one 
month] notice in writing to the Chairman of the  Committee 
and on such resi gnation being  accepted by the said 
Chairman, he shall be deemed to have vacated his office; 
 
 (2) Any casual vacancy in the office  of a member 
referred to in sub -section (1)  shall be filled up, as soon as 
may be, and  a member so n ominated to fill such vacancy  
shall hold office for the residue of the  term of his 
predecessor. 
 
7. No act done or proceeding taken under  this Act or the 
rules made thereunder by  the Commi ttee shall be 
invalidated merely by reason of,- 
 
                                                           
6. The words “three months” are substituted by Act No. 4 of 2003.  
Disqualification 
and removal of 
nominated 
members of the 
Welfare Fund 
Committee. 
 
Resignation by 
elected member 
of the Committee 
and filling up of 
casual vacancies. 
 
Act of Committee 
not to be 
invalidated by 
defect etc. 
[Act No.13 of 1992]  7 
  (a) any vacancy or defect in the  constitution of the 
Committee; or  
 
  (b) any defect or irregularity in the  election of an y 
person as a member thereof; 
 
  (c) any defect or irregularity in such act or proceeding 
not affecting the merits of the case. 
 
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 duty of  the Committee to administe r 
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 re-admission 
to the Fund, and  dispose of such applications within n inety 
days from the date of receipt thereof; 
 
 (c) receive applications from the  members of the Fund, 
their nominees or 7[dependants] as the case may be 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; 
 
                                                           
7. The words “legal representatives” were s ubstituted by Act No.4 of 
2003. 
Vesting and 
application of 
Fund. 
Functions of the 
Committee. 
8  [Act No. 13 of 1992] 
  (d) record in the minutes books of  the Committee its 
decisions, on the application; 
 
  (e) pay to the applicants amounts  at the prescribed 
rates; 
 
  (f) maintain such accounts and books  and send such 
periodicals and annual  reports to the Government and the 
Bar Council, as may be prescribed; 
 
  (g) communicate to the applicants under certificate of 
posting the decisions  of the Committee in respect of 
applications for admission or re -admission to the Fund  or 
claims to the benefit of the Fund; 
 
  (h) do such other acts as are, or  may be, required to 
be done under this Act and the rules made thereunder. 
 
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 , (Central Act 
2 of 1934 ) or  invest the same in loans to a ny Corporation  
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 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. 
 
Borrowing and 
investment of 
Funds. 
[Act No.13 of 1992]  9 
 (4) The accounts and Books maintained by the Welfare 
Fund Committee shall be  audited annually by a Chartered 
Accountant appointed by the said 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 directions as it  deems fit to the Commi ttee in respect 
thereof. 
 
 (6) The Committee  shall comply with the directions 
issued by the Bar Council under sub-section (5). 
 
11. The Secretary of the Committee shall,- 
 
 (a) be the  Chief Executive A uthority Committee and 
responsible for out its decisions; 
 
 (b) represent the Committee in all  suits and 
proceedings for and against the Committee; 
 
 (c) authenticate by his signature  all decisions and 
instructions of the Committee; 
 
 8[(d) [xxx]] 
 
 (e) convene meetings of the Committee and prepare its 
minutes; 
 
 (f) attend the meetings of the Committee  and with all 
the necessary records and information; 
 
 (g) maintain such forms, registers and other records as 
may be prescribed, from  time to time, and do all 
correspondence relating to the Committee; 
                                                           
8. Substituted by Act 4 of 2003 and omitted by Act No.30 of 2006. 
Powers and 
duties of 
Secretary. 
10  [Act No. 13 of 1992] 
 (h) prepare an annual statement of  business 
transaction by the Committee  during each financial year; 
and 
 
 (i) do such acts as may be directed by the Committee. 
 
9[12. (1) There shall be printed or cause to be printed by the 
Commissioner & Inspector General of Registration and 
Stamps, Telangana, Hyderabad, in such manner a s may be 
prescribed a combined stamp superscribed in Telugu 
language as “Nyayavadula mariyu vari Gumasthala 
Samkshema Nidhi” each of the value of 10[hundred] rupees 
through Government Security Printing Press, on an indent 
placed by the Telangana Advocates‟ Welfare Fund 
Committee in such form as may be prescribed. 
 
 (2) Every Vakalat/Memo of Appearance filed before any 
Court, Authority, Tribunal, Forum or Commission including 
every Vakalat/Memo of Appearance filed by all the Law 
Officers appearing for the St ate and Central Governments 
and their instrumentalities shall be affixed with the Stamp 
worth of rupees 10[hundred] and no such Vakalat/Memo of 
Appearance shall be valid or accepted without such Stamp. 
 
 (3) The person or authority receiving a Vakalat  with 
such stamp shall forthwith, effect cancellation of the stamp 
by punching out the same. 
 
 (4) The custody and distribution of stamps shall be with 
the Andhra Pradesh Advocate‟ Welfare Fund Committee and 
the sale of the stamps shall be through recognized Ba r 
Associations.] 
 
                                                           
9. Substituted by Act No. 24 of 2011. 
10. Substituted by Act No.8 of 2018. 
Printing, Custody 
and Distribution of 
the Andhra 
Pradesh 
Advocates and 
their Clerks 
Welfare Fund 
Stamp. 
[Act No.13 of 1992]  11 
11[12A. (1) Notwithstanding anything contained in section 
12, out of the sale proceeds of the stamps worth of 
12[Rs.100/], a sum of 12[Rs.86/-] shall be credited to the 
Telangana Advocates‟ Welfare Fund and 12[Rs.14/-] shall be 
credited to the Andhra Pradesh Advocates‟ Clerks Welfare 
Fund and where such a stamp is affixed to Vakalat/Memo of 
Appearance, the provision sub -section (2) of section 12 
shall be deemed to have been complied with. 
 
 (2) The cost of the printing of the Stamps under sub -
section (1) of section 12 shall be apportioned between the  
Andhra Pradesh Advocates‟ Clerks Welfare Fund constituted 
under section 3 of the Telangana Advocates‟ Clerks Welfare 
Fund Act, 1992 and the Andhra Pradesh Advocates‟ Welfare 
Fund constituted under section 3 of the Telangana 
Advocates‟ Welfare Fund Act, 1987 in such manner as may 
be prescribed.] 
 
13. (1) All associations of Advocates‟ Clerks known by any 
name functioning in any court headquarters may, before a 
date to be notified by the C ommittee in this behalf, apply to 
the Committee in such  form as may be prescribed, for 
recognition and registration as an Advocates‟ Clerks 
Association under this Act, subject to  such rules as may be 
made in this behalf. 
 
 (2) Every application for recognition  and registration 
shall be accompanied by  the rules or bye -laws of t he 
association, 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 
enrollment and the ordinary place of employment of  such 
member. 
 
                                                           
11. Inserted by Act 19 of 1992 and later added by Act 21 of 1994 and 
substituted by Act No. 24 of 2011. 
12. Substituted by Act No.8 of 2018. 
Apportionment of 
sale proceeds 
and the cost of 
printing of 
stamps. 
Recognition and 
Registration of 
Advocates‟ Clerks 
Association. 
12  [Act No. 13 of 1992] 
 (3) The Committee may, after such enquiry as it deems 
necessary recognize the association as an Advocates‟ 
Clerks Association and issue a certificate of  registration in 
such form as may be prescribed. 
 
 (4) The decision of the Committee  regarding the 
recognition and registration of an 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 31st March  of that 
year. 
 
 (2) Every Association shall intimate to the Committee,- 
 
  (a) any changes of the office b earers of the 
association within fifteen days from such change, 
 
  (b) any change in the membership including  
admission and re -admission within  thirty days of such 
changes; 
 
  (c) the death or retirement of any  of its members 
within thirty days from the date of occurrence thereof; and 
 
  (d) such other matter as may be  required by the 
Committee from time to time. 
 
15. 13[(1) Every recognised  clerk of the Advocate in the 
State below 14[the age of 45 years] and being a member of 
any Advocates‟ Clerks Association recognised by the 
Committee may apply to the Committee for admission as a 
member of the fund in such form as may be prescribed.] 
 
                                                           
13. Substituted by Act No. 4 of 2003.  
14. Substituted by Act No. 24 of 2008.  
Duties of 
Advocates‟ Clerks 
Associations. 
Membership of 
the Fund. 
[Act No.13 of 1992]  13 
 (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) 15[xxx] 
 
 (4) In the event of rejection of the  application, 16[the 
amount] paid alongwith the application shall be refunded to  
the applicant. 
 
 17[(5) Every recognised clerk of the Advocate in the 
State shall pa y to the fund an admission fee of rupees fifty 
along with an amount of rupees five hundred towards 
subscription for life membership.] 
 
 (6) Every member shall, at the time  of admission to the 
membership of the Fund  make a nomination co nfering on 
one or more  18[nominees] the right to receive the amount  
which may be due to him fro m the fund in  the event of his 
death before the amount has been paid to him. 
 
 (7) If a member nominated  more than  one person 
under sub-section (6), 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 
paid to him. 
 
                                                           
15. Omitted by Act No.4 of 2003. 
16. The words “the admission fee” are substituted by Act No.4 of 2003. 
17. Substituted by Act No. 4 of 2003. 
18. The word “dependents” substituted by Act No. 4 of 2003. 
14  [Act No. 13 of 1992] 
 (8) A member may at any time cancel a  nomination by 
sending a noti ce in writing  to the Committee along with a 
fresh nomination. 
 
 (9) Every member who retires shall,  within three 
months of such retirement , intimate that fact to the 
Committee and if  any member fails to do so without 
sufficient reason, the Committee may redu ce in accordance 
with such principles as may be  prescribed the amount due 
to that member. 
 
 19[(10) Where on receipt of a complaint or otherwise the 
Committee has reason to believe that any Advocates‟ Clerk 
secured admission as a member of the Fund by 
misrepresentation, fraud or undue influence , it shall be 
competent for the Committee to remove the name of such 
Advocates‟ Clerk from the membership of the Fund: 
 
 Provided that no order under this sub -section shall be 
passed unless the person likely to be adversely affected has 
had an opportunity of being heard.] 
 
20[15-A. A person retired from any service and drawing 
pension shall not be admitted to the Membership of the 
Fund.] 
 
16. (1) A member of the Fund shall  on cessation of 
employment, be entitled to  receive from an out of the Fund 
an amount at such rate as may be notified from time  to time 
by the Committee depending upon  the total period of 
employment of the member: 
 
 
                                                           
19. Inserted by Act No. 19 of 1992. 
20. Inserted by Act No. 4 of 2003. 
Retired person is 
not eligible for 
membership. 
Payment from the 
Fund on 
cessation of 
employment. 
[Act No.13 of 1992]  15 
 21[Provided that a member who completed 30 years of 
service as an Advocate‟ s Clerk and who is on the rolls of 
Advocates‟ Clerks Welfare Fund for a period of not less than 
10 years, opts for retirement, be entitled to receive half of 
the existing Death Benefit towards Retirement Benefit on 
productin of certificate of service issued by the Judicial 
Registrar or District Judge, as the case may be.] 
 
 (2) In the event of death of a member,  a consolidated 
amount as determined by the  Committee in the manner 
prescribed shall be paid to the nominee or where there is no 
nominee to his dependants. 
 
 22[XXX] 
 
 (3) A member of the Fund may opt for  retirement 
benefits at any time after five  years of his admission as a 
member of the  Fund, but he shall be eligible for  
re- admission to the Fund as a new member  subject to such 
conditions as may be prescribed: 
 
 Provided that a member suffering from  permanent 
disablement shall be allowed to retire within five years of his 
admission 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 unde r an Advocate , if any, 
before the admission of a member  to the Fund shall be 
computed as one year  of employment and added on to the 
number of years of employment after such admission. The 
number of years of employment shall be decided in respect 
of each member in the manner prescribed. 
 
                                                           
21. Added by Act No. 24 of 2008. 
22. Explanation omitted by Act No. 4 of 2003. 
16  [Act No. 13 of 1992] 
 (5) 23[xxx]. 
 
 (6) An application for payment from  the Fund shall be 
preferred to the Committee  in such form as may be 
prescribed. 
 
 (7) An application received under sub-section (6), shall 
be disposed of by the Committee after such  enquiry as it 
deems necessary. 
 
17. The Wel fare Fund Com mittee may, for the welfare of 
the members of the Fund,- 
 
 (a) obtain from the Life Insurance  Corporation of India 
Policies of Group Insurance for the members of the Fund; 
 
 (b) provid e for a policy of Provident  Fund for the 
members of the Fund; 
 
 (c) provide for medical facilities for the member of the 
Fund and heir spouses; and 
 
 (d) provide for such other benefits  as may be 
prescribed. 
 
24[17-A. (1) The interest of any member in the fund, or the 
right of a member or his or her nominee or dependents to 
receive any amount from funds, shall not be assigned, 
alienated or charged and shall not be liable to attachment 
under any decree or order of any Court, Tribunal, Financial 
Institutions or other authority. 
 
                                                           
23. Omitted byAct No.4 of 2003. 
24. Inserted by Act No. 4 of 2003. 
Group Life 
Insurance for 
members and 
other benefits. 
Restriction on 
alienation, 
attachment etc of 
interest of 
member in Fund. 
[Act No.13 of 1992]  17 
 (2) No creditor shall be entitled to proceed against the 
fund or the interest therein of any member or  his or her 
nominee or dependents.] 
 
18. (1) The Committee shall meet atleast  the once in three 
months or more often if  found necessary to transact 
business under this Act or the rules made thereunder. 
 
 (2) Five members of the Committee  shall form the 
quorum for a meeting of the Committee. 
 
 (3) The Chairman or in his absence a  member elected 
by the Members present at the meeting shall preside over a 
meeting of the Committee. 
 
 (4) Any matter com ing up before a  meeting of the 
Committee shall be decided  by a majority of the members 
present and  voting at the meeti ng and, in the case of  any 
equality of votes, the Chairman or the  member presiding 
over the meeting shall have and exercise a casting vote. 
 
19. The nomi nated members of the committee shall be 
eligible to get such travelling allowance and daily allowance 
as may allowances be prescribed. 
 
20. The Committee may suo  motu at any time or on an 
application received from  any person interested within 
ninety days of the passing of any order under the  provisions 
of this Act, review any such  order, if it was passed by them 
under any mistake, whether of fact or of law or in  ignorance 
of any material fact: 
 
 Provided that the Committee shall not  pass any order 
adversely affecting any  person unless such person has 
been given an opportunity of making his representation. 
 
Meetings of the 
Committee. 
Travelling and 
Daily Allowances 
to Members of 
Committee. 
Review. 
18  [Act No. 13 of 1992] 
21. (1) No sui t, prosecution or other  legal proceedings 
shall lie against any person for anything which in good faith 
done or intended to be done in pursuance of this Act or any 
rule made thereunder. 
 
 (2) No suit  or other legal proceedings  shall lie against 
the 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 rule 
made thereunder. 
 
22. 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, decide or deal 
with or to be determined by the Committee. 
 
23. 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 (Central Act 5 of 1908) in respect of the  
following matters, namely:- 
 
 (a) enforcing the attendance of any  person or 
examining him on oath; 
 
 (b) requ iring the discovery and  production of 
documents; 
 
 (c) receiving evidence on affidavit; and 
 
 (d) issuing Commissions for the examination  of 
witnesses. 
 
 
 
 
Protection of 
action taken in 
good faith. 
Bar of jurisdiction 
of Civil Courts. 
Power to summon 
witnesses and 
take evidence. 
Central Act 5 of 1908. 
[Act No.13 of 1992]  19 
24. (1) The Government may, by Notification make rules for 
carrying out the purpose of this Act. 
 
 (2) Every rule made under the Act,  shall immediately 
after it is made, be laid before the Legislature of the State if it 
is in session, and if it  is not in session, in the session 
immediately following, for a total period of  fourteen days 
which may be comprised in  one session or in two 
successive sessions  and if, before the expiration of the  
session in which it is so laid or the  session im mediately 
following, the Legislature agrees in making any modification 
in the rule or in the annulment of the rule, the rule shall, from 
the date on which the modification or annulment is notified 
have effect only in suc h modified form or shall stand 
annulled, as  the case may be  ; so  however that any such  
modification or annulment shall be without  prejudice to the 
validity of anything previously done under that rule. 
 
* * * 
Power to make 
rules. 

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