LexThe Telangana Advocates Welfare Fund Act, 1987.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA ADVOCATES’ WELFARE FUND ACT, 1987.
(ACT NO. 33 OF 1987)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Advocates’ Welfare Fund.
4. Establishment of Welfare Fund Committee.
5. Disqualifications and removal of Elected Members of
Welfare 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. Function of the Committee.
10. Borrowing and investment of Funds.
11. Power 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 Bar Association.
14. Duties of Bar Association.
15. Membership of the fund.
15-A. Retired person is not eligible for membership.
2 [Act No. 33 of 1987]
16. Payment from the fund on cessation or suspension
of practice.
17. Restriction on alienation, attachment etc., of interest
of member in Fund.
18. Group Life Insurance for members and other
benefits.
19. Meetings of the Committee.
20. Travelling and daily allowances to members of
Committee.
21. Review.
22. Protection of action taken in good faith.
23. Bar of jurisdiction of civil courts.
24. Power to summon witnesses and take evidence.
24-A. Power to amend Schedule.
25. Power of the Bar Council to make rules.
26. Power to make rules.
Schedule.
THE TELANGANA ADVOCATES’ WELFARE FUND
ACT, 1987.1
ACT No. 33 OF 1987.
1. (1) This Act may be called the 2Telangana Advocates’
Welfare Fund Act, 1987.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come 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 under
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 the Bar Council of Andhra
Pradesh constituted under section 3 of the Advocates’ Act,
1961;
1. The Andhra Pradesh Advocates’ Welfare Fund Act, 1987 received the
assent of the President on the 23 rd July, 1987. The said Act in force in
the combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2 016 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. 33 of 1987]
(d) “cessation of practice” means removal of the name
of an advocate from the State roll maintained by the Bar
Council on account of his retirem ent or on death or on
grounds of professional misconduct;
(e) “dependent” means wife, hu sband, father, mother
3[and children or legal heirs];
(f) “Fund” means the Andhra Pradesh Advocates’
Welfare Fund constituted under section 3;
(g) “Government” means the State Government;
(h) “member of the fund ” means an advocate admitted
to the benefit of the fund and continuing to be a member
thereof under the provisions of this Act;
(i) “notification” means a notification published in the
4Telangana Gazette, and the word "not ified" shall be
construed accordingly;
(j) “prescribed” means prescribed by rules made under
this Act;
(k) “retirement” means stoppage of practice as an
advocate for re asons other than joining service or for
carrying on any other gainful occupation, communicated to,
and recorded by the Bar Council;
(l) “Stamp” means the Andhra Pradesh
Welfare Fund Stamp iss ued by the Government under
section 12;
3. Substituted by Act No.4 of 2003.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No. 33 of 1987] 3
(m) “suspension of practice ” means volun tary
suspension of practice as an advocate or suspension by the
Bar Council for misconduct;
(n) “Welfare F und Committee” means the Committee
established under section 4;
(o) “Vakalat” means a V akalatnama, memorandum of
appearance or by any o ther document by which an
advocate or any othe r 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’ Welfare Fund.
(2) There shall be credited to the Fund-
(a) all amounts paid under section 12;
(b) any contribution made by the Bar Council;
(c) any voluntary donation or contribution made to
the Fund by the Bar C ouncil of India, any Bar Association,
any other association or institution, any advocate or any
other person;
(d) any grant made by the Central Government or the
State Government to the Fund;
(e) any sum borrowed under section 10;
(f) any profit or dividend received from the Life
Insurance Corporation of India in respect of policies of
group insurance of the members of the Fund;
Advocates’
Welfare Fund.
4 [Act No. 33 of 1987]
(g) any interest or dividend or other return on any
investment made of any part of the Fund;
(h) all sums collected under section 15 by way of
application fees and annual subscriptions and interest
thereon.
(3) The sums specified in sub -section (2) shall be paid
to or collected by, such agencies, 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’
Welfare Fund Committee.
(2) The Committee shall be a body corpo rate having
perpetual succession and common seal wi th power to
acquire, hold and dispose of property and shall, by the said
name, sue and be sued.
(3) The Committee shall consist of-
(a) The Chairman of the Bar Council who shall be the
Chairman of the Welfare Fund Committee, ex-officio;
(b) the Advocat e-General of Andhra Pradesh,
ex-officio;
(c) the Secretary to Government, Law and Legislative
Affairs, ex-officio;
(d) the Secretary to Government, Law (Courts),
ex-officio;
Establishment of
Welfare Fund
Committee.
[Act No. 33 of 1987] 5
(e) the Secretary to Government, Revenue
Department, ex-officio;
(f) the Registrar, High Court of Andhra Pradesh,
ex-officio;
5[(g) three members nominated by the Bar Council
from amongst its members, as far as possible one each
from the regions of Coastal Andhra, Telangana and
Rayalaseema of whom one shall be nominated by the
Committee as the Treasurer of the Fund.]
(h) the Secretary to the Bar Council who shall be
Secretary, ex-officio of t he Welfare Fund Committee without
voting rights:
6[Provided that the Secretary shall be paid such sum as
honorarium from the Advocates’ Welfare Fund as the
Committee may determine from time to time, for the services
rendered by him.]
(4) A member elected from the Bar Council under
clause (g) of sub -section (3) shall hold office for a term of
five years or for the duration of his membership in the Bar
Council, whichever is less.
5. A member elected under clause (g) of sub-section (3)
of section 4 shall be disq ualified to be a member of the
Committee, and cease to be such member, if he-
(a) becomes of unsound mind;
(b) is adjudged insolvent;
5. Substituted by Act No.19 of 1990.
6. Proviso added by Act No.15 of 1998.
Disqualifications
and removal of
elected members
of Welfare
Committee.
6 [Act No. 33 of 1987]
(c) is absent without leave of the Committee for more
than three consecutive meetings of the Committee;
(d) is a defaulter to the Fund (i n 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 su ch conviction has been
set aside.
6. (1) Any member ele cted u nder clause (g) of
sub-section (3) of s ection 4 may resign his offi ce by giving
three months notice in writing to the Chairman of the
Welfare Fund Committee and on such resignation 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 elected to fill su ch vacancy shall
hold office for the residue of the term of his predecessor.
7. No act done or proceeding take n under this Act or the
rules made thereunder by the C ommittee shall be
invalidated merely by reasons of -
(a) any vacancy or defect in the constitution of the
committee; or
(b) any defect or irregularity in the el ection of any
person as a member thereof;
(c) any defect or irregularity in such act or proceeding
not affecting the merits of the case.
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. 33 of 1987] 7
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 administer
the Fund.
(2) In the administration of th e Fund, the committee
shall, subject to the provisions of this Act and the rule, made
thereunder -
(a) hold the amounts and assets belonging to the
Fund;
(b) receive applications for admission or re-admission
to the Fund, and dis pose of such applications within ninety
days from the date of receipt thereof;
(c) receive applications from the members of the
Fund, their nominees or 7[dependent] 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;
(d) record in the minutes books of the committee its
decisions on the application;
(e) pay to the applicants amounts at the rates specified
in the Schedule;
(f) maintain such accounts and books and send such
periodicals and annual reports to the Government and the
Bar Council, as may be prescribed;
7. Substituted by Act No.4 of 2003.
Vesting and
application of
Fund.
Function of the
Committee.
8 [Act No. 33 of 1987]
(g) communicate to the applicants 8[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 purpose of this Act.
9[(2) The Committee shall deposit all moneys and
receipts of forming part of the Fund in Nationalised Banks.]
(3) All amounts due and payable unde r this Act and all
expenditure relating to the managem ent and administration
of the Fund shall be paid out of the Fund.
(4) The accounts and books maintained by the
8[Welfare Fund C ommittee] shall be audited annually by a
Chartered Accountant appointed by 8[the said Committee].
(5) The accounts, as, certifie d by the auditor, together
with the audit report the reon, shall be forwarded to the Bar
Council by the committee and the Bar Council may issue
such directions as it deems fit to the committee in resp ect
thereof.
(6) The committee shall comply with the directions
issued by the Bar Council under sub-section (5).
8. Substituted by Act No.19 of 1990.
9. Substituted by Act No.1 of 2006.
Borrowing and
investment of
Funds.
[Act No. 33 of 1987] 9
11. The Secretary of the committee shall-
(a) be the Chief Executive authority of the committee
and responsible for carrying out its decisions;
(b) rep resent the committee in all suits and
proceedings for and against the committee;
(c) authenticate by his signature all decisions and
instructions of the committee;
(d) operate the bank accounts of the committee jointly
with the Treasurer;
(e) convene meetings of the committee and prepare its
minutes;
(f) attend the meetings of the committee with all the
necessary records and information;
(g) maintain such forms, registers and other records as
may be prescribed, from time to time, and do all
correspondence relating to the committee;
(h) prepare an annual statement of business transacted
by the committee during each financial year; and
(i) do such ot her acts as may be directed by the
committee and the Bar Council.
10[12. (1) There shall be printed or cause to be printed by
the Commissioner and Inspector General of Registrat ion
and Stamps, Andhra Pradesh Hyder abad, in such manner
as may be prescribed a combined stamp superscribed in
Telugu language as "Nyayavadula mariyu vari Gumasthala
10. Substituted by Act No.23 of 2011.
Power and duties
of Secretary.
Printing, Custody
and Distribution of
the Andhra
Pradesh
Advocates’ and
their Clerks'
Welfare Fund
Stamp.
10 [Act No. 33 of 1987]
Samkshema Nidhi" each of the value of 11[hundred] rupees
through Government Security Printing Press, on an indent
placed by the Andhra Pradesh 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/M emo of Appearance filed by all the Law
Officers appearing for the State and Central Governments
and their instrumentalities shall be affixed with the Stamp
worth of rupees 11[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 Advocates’ Welfare Fund Committee
and sale of the stamps shall be through recognized Bar
Associations.]
12[12A. (1) Notwithstanding anything contained in section
12, out of the sale proceeds of the stamps worth of
11[Rs.100/-], a sum of 11[Rs.86/-] shall be credited to the
Andhra Pradesh Advocates’ Welfare Fund and 11[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 provisions of 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
11. Substituted by Act No.7 of 2018.
12. Substituted by Act No.23 of 2011.
Apportionment of
sale proceeds
and the cost of
Printing of
Stamps.
[Act No. 33 of 1987] 11
Andhra Pradesh Advocates’ Welfare Fund constituted under
section 3 of the 13[Andhra Pradesh Advocates’ Welfare Fund
Act, 1987 ] and the Andhra Pradesh Advocates’ Clerks'
Welfare Fund constituted under section 3 of the 14[Andhra
Pradesh Advocates’ Clerks' Welfare Fund Act, 1992 ] in such
manner as may be prescribed.]
13. 15[(1) All associations of Advocates known by any
name, functioning in any Court Head Quarters may apply to
the Bar Council in such form as may be prescribed, for
recognition and registration as a Bar Association under this
Act:
Provided that only one Bar Association shall be
recognised at any Court Headquarters.]
16[(2) Every application for recognition and registration
shall be accompanied by the common bye -laws, framed by
the Bar Council from time to time, together with the list
containing the names of office bearers as well as members
of the Association w ith their enrollment number, address
and age, shall be furnished.]
(3) The Bar Council may, after such enquiry as it
deems necessary, recognize the association as a Bar
Association and issue a certificate of registration in such
form as may be prescribed.
(4) The decision of the Bar, Council regarding the
recognition and registration of a Bar Association shall be
final.
13. Adapted as Telangana Advocates’ Welfare Fund Act, 1987
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
14. Adapted as Telangana Advocates’ Clerks Welfare Fund Act, 1992
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
15. Substituted by Act No.1 of 2006.
16. Substituted by Act No.23 of 2011.
Recognition and
Registration of Bar
Association.
12 [Act No. 33 of 1987]
14. (1) Every Bar Association shall, on or before the 15th
April of every year, intimate to the Bar Council a list o f i ts
members as on the 31st March of that year.
(2) Every Bar Association shall intimate to the Bar
Council-
(a) any change of the office -bearers of the
association within fifteen days from such change;
(b) any change in the membership including
admission and re -admission within thirty days of such
change;
(c) the death , retirement or voluntary suspension of
practice of any of its members within thirty days from the
date of occurrance thereof; and
(d) such other matter as may be required by the Bar
Council from time to time.
15. (1) 17[Every A dvocate below the age of 18[thirty five
years]] practicing in any court in the State and being a
member of a Bar Association recognised by the Bar Council
may apply to the committee for admission as a member of
the Fund, in such form as may be prescribed.
(2) On receipt of an application under sub -section (1),
the committee shall make such enquiry as it deems fit and
either admit the applicant to the Fund or for reasons to be
recorded in writing reject the application.
17. Substituted by Act No.15 of 1998.
18. Substituted by Act No.1 of 2006.
Duties of Bar
Association.
Membership of
the fund.
[Act No. 33 of 1987] 13
Provided that no order rejection an application shall be
passed unless the applicant has been given an opportunity
of being heard.
(3) 19[xxx]
(4) In the event of rejection of the application , 20[the
amount] paid along with the application shall be refunded to
the applicant.
21[(5) 20[(a) where an Advocate intends to become the
Member of the Fund shall pay an amount of rupees one
hundred towards admission fee along with an amount of
rupees 22[two thousand] towards the subscription for life -
membership and on such payment the membership of the
Advocate concerned shall subject to the provisions of s ub-
section(12) be a life member;]
(b) Where an Advocate has already been admitted as
a life -member prior to the commencement of the Andhra
Pradesh Advocates’ Welfare Fund (Amendment) Act, 1994,
he shall be deemed to have been admitted as a member
under this section and shall continue to be such member.
(c) 23[xxx]
(d) Where a member ceases to practice he shall not be
entitled for the refund of the subscript ion paid under this
sub-section.]
19. Omitted by Act No.4 of 2003.
20. Substituted by Act No.4 of 2003.
21. Sub-sections 5, 5A, 6 & 7 of sec tion 15 substituted with sub -section
(5) (a) (b) (c) & (d) by Act No.5 of 1994.
22. Substituted by Act No.1 of 2006.
23. Omitted by Act No.1 of 2006.
14 [Act No. 33 of 1987]
(8) Every member shall, at the time of admission to the
membership of the Fund make a nomination conferring on
one or more 24[nominees] the right to receive the amount
which may be due to him from the Fund in the event of his
death before the amount has been paid to him.
(9) If a member nominated more than one person
under sub-section (8), 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.
(10) A member may at any time cancel a nomination by
sending a notice in writing to the committee along with a
fresh nomination.
(11) Every member who voluntaril y suspends practice
or retires shall, within three months of such suspension or
retirement, intimate that fact to the committee and if any
member fails to do so without sufficient reason, the
committee may reduce, in accordance w ith such principles
as may be prescribed, the amount due to that member.
25[(12) Where on receipt of a complaint or otherwise the
Committee has reason to believe that any advocate 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 Advocate 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.]
24. Substituted by Act No.4 of 2003.
25. Inserted by Act No.19 of 1992.
[Act No. 33 of 1987] 15
26[15-A. A Person retired either from Government or Private
service on superannuation or on voluntarily retirement or
under any scheme and practicing an advocate shall not be
admitted to the membership of the Fund.]
16. (1) A member of the Fu nd shall, 27[on cessation of
practice or suspension of practice] be entitled to receive
from and out of the Fund an amount at the rate specifie d in
the Schedule:
26[Provided that a member, who completes thirty five
years of practice at the Bar and opts for Retirement Benefits,
be entitled to receive half of the existing Death Benefit
amount towards Retirement Benefit.]
28[(2) In the event of death of a member, a consolidated
amount as determined by the Welfare Fund Committee in
the manner prescribed shall be paid to the nominee or,
where there is no nominee, to his dependents.]
29[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.
26. Substituted by Act No.1 of 2006.
27. Substituted by Act No.15 of 1998 for the words “on cessation of
practice” including in the marginal heading.
28. Substituted by Act No.19 of 1990.
29. Explanation omitted by Act No.4 of 2003.
Retired person is
not eligible for
membership.
Payment from the
fund on cessation
or suspension of
practice.
16 [Act No. 33 of 1987]
(4) For calculating the period o f completed years of
practice for the purpose of payment under this Act, every
four years of practice at the Bar, if any, before the admission
of a member to the Fund shall be computed as one year of
practice and added on to the number of years of practice
after such admission.
(5) 30[xxx]
(6) An application for payment form the F und 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. (1) The interest of any member in the Fund, or the right
of a member or his nominee 31[or dependent s] 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, financial institutions or
other authority.
(2) No creditor shall be entitled to proceed against the
Fund or the interest therein of any member or his nominee
31[or dependents].
Explanation.- For the purpose of this section, "creditor"
includes the Go vernment or an official assignee or receiver
appointed under the Provincial Insolvency Act, 1920 or any
other law for the time being in force.
30. Omitted by Act No.15 of 1998.
31. Substituted by Act No.4 of 2003.
Restriction on
alienation,
attachment etc.,
of interest of
member in Fund.
Central Act 5 of 1920.
[Act No. 33 of 1987] 17
18. The Welfare Fu nd Committee may, f or 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) provide for a policy of Provident Fund for the
members of the Fund;
(c) provide for medical facilitie s for the members of the
Fund and their spouses; and
(d) provide f or such o ther benefits as may be
prescribed.
19. (1) Th e Committee shall meet at least 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 absenc e a member elected
by the members present at the meeting shall preside over a
meeting of the Committee.
(4) Any matter coming up before a meeting of the
Committee shall be decided by a major ity of the members
present and voting at the meeting and, in the case of an
equality of vo tes, the Chairman or th e member pres iding
over the meeting shall have and exercise a casting vote.
20. The elected members of the Committee shall be
eligible to get such travelling allowance and daily allowance
as are admissible to the members of the Bar Council.
Group Life
Insurance for
members and
other benefits.
Meetings of the
Committee.
Travelling and
daily allowances
to members of
Committee.
18 [Act No. 33 of 1987]
32[21. (1) 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.
(2) All the appeals pending before the Bar Council on
the date of commencement of the Andhra Pradesh
Advocates’ Welfare Fund (Amendment) Act, 1992 shall
abate.
(3) Where an appeal stan ds abated under sub -section
(2), the appellant shall be entitled to prefer an application
before the Committee for review under sub-section (1) within
ninety days from the date of commencement of the Andhra
Pradesh Advocates’ Welfare Fund (Amendment) Act, 1992.]
22. (1) No suit, prosecution or other legal proceeding 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
thereunder.
23. No civil court sha ll have jurisdiction to settle, decide or
deal with any question or to determi ne any matter which is
32. Substituted by Act No.10 of 1992.
Review.
Act 10 of 1992.
Act 10 of 1992.
Protection of
action taken in
good faith.
Bar of jurisdiction
of civil courts.
[Act No. 33 of 1987] 19
by or under this Act required to be settled, decided or dealt
with or to be determined by the Committee or the Bar
Council.
24. The Commi ttee and the Bar Cou ncil 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 following
matters, namely:-
(a) enforcing the attendance of any pers on or
examining him on oath;
(b) requiring the di scovery and production of
documents;
(c) receiving evidence on affidavit;
(d) issuing commissi ons for the examinatio n of
witnesses.
33[24-A. (1) The Government may, by notification, alter the
Schedule.
(2) Where a notification has been issued under
sub-section (1), there shall, unless the notification is in the
meantime rescinded, be introduced in the Legislature , as
soon as may be, but in any case during the next session of
the Legislature following the date of the issue of the
notification, a Bill on behalf of the Government, to give effect
to the alteration of the Schedule specified in the no tification,
and the notification shall cease to have effect when such Bill
becomes law, whether with or without modification, but
without prejudice to the validity of anything previously done
thereunder:
33. Inserted by Act No.19 of 1990.
Power to summon
witnesses and
take evidence.
Central Act 5 of 1908.
Power to amend
Schedule.
20 [Act No. 33 of 1987]
Provided that if the notification under sub -section (1) is
issued when the Legislature is in session, such a Bill shall
be introduced in the Legislature during that session:
Provided further that where for any reason a Bill as
aforesaid does not become law within six months from the
date of its introduction in the Legislature the notification shall
cease to have effect on the expiration of the said period of
six months.
(3) All references made in this Act to the Schedule shall
be construed as relating to the Schedule as for the time
being amended in exe rcise of the powers conferred by this
section.]
25. The Bar Council may, with the previous approval of the
Government, by notification, make rules for the purpose of
carrying into effect all or any of the provisions of this Act.
26. (1) The Gov ernment may, by notification, make rules
for carrying out the purposes 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, i n 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 immediately
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 o nly in such modified form or shall stand
annulled, as the case may be; so however that a ny such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
Power of the Bar
Council to make
rules.
Power to make
rules.
[Act No. 33 of 1987] 21
34[SCHEDULE
(see section 9 and 16)
Sl.No. Years of Standing Amount Payable
1. 30 Rs. 90,000
2. 29 Rs. 87,000
3. 28 Rs. 84,000
4. 27 Rs. 81,000
5. 26 Rs. 78,000
6. 25 Rs. 75,000
7. 24 Rs. 72,000
8. 23 Rs. 69,000
9. 22 Rs. 66,000
10. 21 Rs. 63,000
11. 20 Rs. 60,000
12. 19 Rs. 57,000
13. 18 Rs. 54,000
14. 17 Rs. 51,000
15. 16 Rs. 48,000
16. 15 Rs. 45,000
17. 14 Rs. 42,000
18. 13 Rs. 39,000
19. 12 Rs. 36,000
20. 11 Rs. 33,000
21. 10 Rs. 30,000
22. 9 Rs. 27,000
23. 8 Rs. 24,000
24. 7 Rs. 21,000
25. 6 Rs. 18,000
26. 5 Rs. 15,000
* * *
34. Substituted by Act No.1 of 2006.