LexThe Uttar Pradesh Advocates Welfare Fund Act-1974
Uttar Pradesh · state statute
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THE UTTAR PRADESH ADVOCATES WELFARE FUND ACT,
19741
[U. P. Act No. VI of 1974]
Amended by
U. P. Act no. 21 of 1988
U. P. Act no. 03 of 1999
U. P. Act no. 09 of 2003
U. P. Act no. 34 of 2021
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
March 23, 1974 and by the Ut tar Pradesh Legislative Council on March
29, 1974.
Received the assent of the Governor on April 16, 1974 under
Article 200 of the Constitution of India and was published in the Uttar
Pradesh Gazette, Extraordinary dated April 17, 1974.]
AN
ACT
To provide for the establishment and operation of a fund for the
promotion of welfare of Advocates in Uttar Pradesh.
IT is hereby enacted in the Twenty -fifth Year of the Republic of
India as follows :–
Short title
and extent
Definitions
1. (1) This Act may be called the Uttar Pradesh Advocate Welfare
Fund Act, 1974.
(2) It extends to the whole of Uttar Pradesh.
2. In this Act, unless the context otherwise requires,—
[(a) ―Advocate‖ means an Advocate enrolled on the roll of
the State Bar Council and shall include the pleaders and other
legal practitioners enrolled as such under the provisions of th e
Legal Practitioners Act, 1879]2;
(aa) ‗‗Bar Association‘‘ means a Bar Association affiliated to
the State Bar Council;]2
(b) ―State Bar Council‖ means the State Bar Council of Uttar
Pradesh constituted under section 3 of the Advocates Act, 1961 ;
(c) ―Fund‖ means the Fund referred to in section 3 ;
[(cc) ‗‗member‘‘ means a member of the Scheme;]3
(d) ―Trustees Committee‖ means the Committee constituted
under section 3.
4 [(e) ‗Welfare Stamp‘ means the stamp referred to in
section 9;
[(f) ‗Vakalatnama‘ includes a memorandum of appearance or
any other document by which an advocate is empowered to
appear, act or plead before any court, tribunal, authority or
person but does not include any Vakalatnama or memorandum
of appearance filed on behalf of the Government or an officer
representing the State Government.]5
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1. For S. O. R. see U. P. Gazette Extraordinary, dated April 17, 1974.
2. Subs. by s. 2 of U.P. Act No. 3 of 1999.
3. Ins. by s. 2 of U.P. Act No. 3 of 1999.
4. Ins. By s. 2 of U.P. Act No. 21 of 1988.
5. Ins. by s. 2 of U.P. Act No.21 of 1988 and substituted by s. 2 of U.P. Act No. 3 of 1999.
[The Uttar Pradesh Advocates Welfare Fund Act, 1974 ]
Objects of the
fund
3. (1) For the following objects of general public utility, a
charitable trust shall be created in respect of a Fun d, to be constituted
as hereinafter provided and to be called the Uttar Pradesh Advo cates
Welfare Fund, namely :—
(a) obtaining from the Life Insurance Corporation of India a
policy of group life insurance of advocates up to the age of 60
year ;
(b) the provision of buildings for halls and libraries,
[canteens, sheds and other facilities] 1 or the making of
contributions to [Bar Associations]2 for the purpose s of making
such provision ;
[(bb) the organisation of Advocate Social Security Fund
Scheme herein after referred to as the Scheme, for such
advocates as become members of the Scheme;]3
(c) the organization of other scheme for the welfare of needy
Advocates ; and
(d) such other objects as would, in the opinion of the
Trustees Committee, improve the working conditions and facilities
of Advocates.
(2) The Fund shall consist of:—
(a) all monies transferred to it under section 4 ;
(b) all contributions made to it by the state Bar council ;
(c) any voluntary donation or contribution made to the Fund
by any Advocate, including any sum received from the Life
Insurance Corporation of India on t he death of an Advocate
insured under the group life insurance policy where such
Advocate had nominated the Trustees Committee as the person
to whom the money secured by the policy shall be paid in the
event of his death ;
(d) any grants made to the Fund by the State Government ;
(c) any sum borrowed under section 5 ;
(f) any profits or dividends received from the Life Insurance
Corporation of India in respect of the policy of group life
insurance of Advocates ; and
(g) any interest or dividend or other return or any
investment made in respect of any part of the Fund.
[(h) the sale proceeds of stamps transferred by the State
Government in accordance with section 10;]4
(i) all admission fees and annual subscriptions, for
membership of the Scheme received in accordance with
section 11 and interest, if any, thereon.]4
1. Subs. by s. 3 of U. P. Act No. 3 of 1999.
2. Subs. by s. 3 of U. P. Act No. 3 of 1999.
3. Ins. by s. 3 (a) of U.P. Act No. 21 of 1988.
4. Ins. by s. 3(b) of U.P. Act No. 21 of 1988.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
(3) The Fund shall vest in and be held and administered by a
Trustees Committee to be named the Uttar Pradesh Advocates Welfare
Fund Trustees Commi ttee, of which th e following shall be the
members, namely :–
(a) the Advocate -General of Uttar Pradesh, ex-officio, who
shall be Chairman ;
(b) the Chairman, State Bar Council, ex- officio, or where
that office is for the time being held by the Advocate General,
an Advocate nominated [by him]1 ;
[(bb) two members of the State Bar Council, by it.]2
(c) the Secretary to the state Government in the Judicial
Department, ex-officio, who shall be Member-Secretary.
(4) [A member nominated under clause (b) of sub-section shall
hold office till the office of the Chairman State bar Council is held by
the Advocate General, but he may at any time writing under his hand
addressed to the Chairman, resign his membership.]3
(5) The Trustees Committee shall be a body corporate with the
name aforesaid, having perpetual succession and a common seal,
with power to acquire and hold property, and may sue and be used by
that name.
(6) No act or proceeding of the Trustees Committee shall be
questioned or deemed to be invalid by reason merely of any vacancy in
or any defect in the constitution thereof.
Transfer of
certain monies
to the Fund
4. [(1) As soon as may be after the commencement of this act,
an amount equivalent to the sums received by the state Bar Council
on account of the deposits of stamp duty on certificates of enrolment
paid by Advocates, together with interest actually earned thereon,
shall be paid by it to the credit of the Fund, and such cred it to the
Fund shall discharge the state Bar Council of the liability in respect
thereof to the state Government.
(2) An amount equivalent to the stamp duty deposit Advocates for
certificates of enrolment with the State Bar Council a financial year shall
be transferred by the State Government Fund as soon as may be after
the end of that financial year as transfer shall discharge the State
Government of its liabilities respect thereof, for that financial year.]4
Financial
provisions
5. (1) The Trustees Committee may, from time to time, borrow
any sum required for the purposes of this Act.
(2) The monies in the Fund may be deposited in any scheduled
bank or invested by the trustees Committee in loans and advances to
any Corporation owned or controlled by the State Government or in such
other manner as the state Government may from time to time direct.
(3) The Fund shall be deemed to be a local fund and be
audited by the Examiner, Local Fund accounts, Uttar Pradesh.
1. Subs. by s. 3 (b) of U.P. Act No. 3 of 1999.
2 Ins. by s. 3(b) of U.P. Act No. 3 of 1999.
3. Ins. by s. 3 (c) of U.P. Act No. 3 of 1999.
4. Renumbered and Ins. by s. 4 of U.P. Act No. 3 of 1999.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
Execution and
authentication
of instrum-
ents, etc.
Power of the
State Govern-
ment to issue
directions
Contribution
by State Bar
Council
6. All decisions and other instruments made and executed by
the Trustees committee may be authenticated by the signature of the
Member-Secretary; who shall also have the power to operate any bank
account on behalf of the said Committee.
7. The state Governme nt may from time to time issue to the
Trustees committee such directions as in its opinion is necessary or
expedient for carrying out the purposes of this act, and it shall the
duty of the Trustee Committee to comply with such direction.
[8. The State Bar Council shall contribute to the Fund rupees
one lakh on the date of commencement of the Uttar Pradesh
Advocates Welfare Fund (Amendment) Act, 1988. [***]1
[Provided that any amount contributed by the State Council
under this section as it stood prior to the common Act, 1998, shall not
be refundable.]2
Welfare stamp
on
Vakalatnama
3[9. (1) Every advocate shall affix on the Vakalatnama accept
him a Welfare Stamp of the value of [ten rupees] 4 and no Counsel,
authority or person shall receive any Vakalatnama to file such
advocate unless it is so stamped in addition to and required under
any other law for the time being in force.]
(2) The value of the Welfare Stamp shall neither be taxable cost
in the suit or proceeding nor be collected in any event from a party to
such suit or proceeding.
(3) Any contravention of the provisions of sub -section (2) by
any member shall disentitle him to the benefits of the Scheme and
shall be deemed to be a misconduct and the Trustees Committee shall
report the matter to the State Bar Council for appropriate action.
(4) Every Welfare Stamp affixed on a Vakalatnama under sub -
section (1) shall be cancelled in the manner provided in section 30 of
the Court Fees Act, 1870.
[(5) Where in any case the Welfare Stamp re ferred to in sub -
section (1) is not affixed on the Vakalatnama or is not filed by any
Advocate the Court shall not permit such Advocate for furthr
proceeding is that case.]5
Printing and
sale of welfare
stamps
10. (1) The [Bar Council] 6 shall cause to be printed Welfare
Stamps for the purpose of this Act, in such design and such
denomination as it thinks fit with the words ‘‘Welfare Stamp’’ printed
thereon.
(2) The State Government shall control the distribution and
sale of Welfare Stamps through stamp vendors appointed by it for the
sale of court fee stamps or through such other agency as it may
deem fit.
1. Omitted by s.5 of U.P. Act No. 3 of 1999.
2. Ins. by s.5 of U.P. Act No. 3 of 1999.
3. Subs. by s. 2 of U.P. Act No. 9 of 2003.
4. Subs. by s. 6 of U.P. Act No. 3 of 1999.
5. Ins. by s. 2 of U.P. Act No. 9 of 2003.
6. Subs. by s. 7 of U.P. Act No. 3 of 1999.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
(3) The State Government shall, at the close of every
financial year transfer the sale proceeds of the Welfare Stamps
after deducting the costs incurred in [printing (which shall be paid
to the Bar Council)] 1 sale and distribution of the stamps to the
account of the Fund.
(4) The State Government shall furnish to the Trustees
Committee a Statement containing the number of welfare stamps
[received from the Bar Council and sold, the details of costs
deducted, [the cost of printing paid to the Bar Council] 2 and the
amount transferred under this section to the account of the Fund,
within three months of such transfer.
[(5) The State Government may provide the services of
Government Press for printing of welfare stamps on realizing the
printing charges.]3
Provision in
case of non -
availability of
Welfare
Stamps
[10–A (1) Notwithstanding any thing contained in section
10, in case of temporary shortage of Welfare Stamps, the value of
Welfare Stamps may be paid in cash to such subordinate officer or
clerk of the court, tribunal, authority or person as may be specified
by such court, tribunal authority or person and such sub -ordinate
officer or clerk shall give a receipt for the same which shall be
affixed on the Vakalatnama, and such affixation shall have the
same effect as if the Welfare Stamp of that amount has been duly
affixed in accordance with this Act.
(2) The subordinate officer or the clerk receiving the cash
under sub-section (1) shall deposit it in the Treasury under such
Head as the State Government may be notified order specify in this
behalf.]4
Membership
of the scheme
11. (1) Any advocate may apply to the Secretary, Trustees
Committee in such form as may be prescribed, for admission as a
members of the Scheme.
(2) Every applicant shall pay in the prescribed manner an
admission fee of one hundred rupees in lump sum with the
application.
(3) The Trustees Committee may, on receipt of the
application and the admission fee, make such inquiry as it deems
fit and sha ll either admit the applicant to the membership of the
Scheme, or for reasons to be recorded in writing, reject the
application and refund the amount paid towards admission fee :
Provided that no application shall be rejected unlss the
applicant has been given an opportunity of being heard.
(4) The membership of an applicant so admitted shall be
deemed to have commenced on the first day of January of the year
in which the application was made or the date of enrolment of the
applicant as an Advocate, whichever is later.
1 Subs. by s. 7 (b) of U.P. Act No. 3 of 1999.
2. Subs. by s. 7 (c) of U.P. Act No. 3 of 1999.
3 Ins. by s. 7 (d) of U.P. Act No. 3 of 1999.
4. Ins. by s. 8 of U.P. Act No. 3 of 1999.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
(5) Every member of the Scheme shall pay in the prescribed
manner an annual subscription for every calendar year on or before
the thirty-first day of December of that year at the rate of —
(a) fifty rupees, where he has practised as an advocate for
not more than 5 years;
(b) one hundred rupees, where he has practisd as an
advocate for more than 5 years but not more than 10 years;
(c) two hundred and fifty rupees, wher e he has practised
as an advocate for more than 10 years.
‘‘[Provided that the Government Advocates shall pay an
additional amount of rupees fifty per annum with their annual
subscription for every calendar year or prt thereof during their
tenure a Government Advocate;
Provided further that a me mber at his option may make
one time payment of life subscription of rupees three thousand
and in the case of his being Government Advocate rupees three
thousand five hundred :
Provided also that the State Government may, after
consultation with the Trustees Committee, by a notified order,
vary the rates of annual and life subscription.]1’’
Explanation—For the purposes of this sub-section,—
(i) practice as an advocate includes practice as a
pleader or other legal practitioner enrolled under the Legal
Practitioners Act, 1879 or as an Advocate on the roll of
any Bar Council constituted under the Advocates Act,
1961;
(ii) the period of practice shall be reckoned as on the
first day of the calendar year for which the subscription is
payable or the date of enrolment as a legal practitioner or
an Advocate, whichever is later.
[(iii) ‘‘Government Advocate’’ means an Advocate
engaged by the Government or a body, authority or
corporation owned or controlled by the Government to
represent it before a court, tribunal, authority or a prson
who received any amount by way of retainership or
monthly allowance from the Government or such body,
authority or corporation, as the case may be.]2
Cessation of
membership
and re -
admission
12. (1) A member of the Scheme shall cease to be such
member, if—
(a) he dies,
(b) his name is removed from the State Roll maintained by
the State Bar Council;
(c) he resigns the membership;
(d) he is in arrears of annual subscription for a period of
two years or more and the Trustees Committee after giving him
an opportunity to show cause, terminates his membership.
1. Ins. by s. 9(a) of U.P. Act No. 3 of 1999.
2. Ins. by s. 9(b) of U.P. Act No. 3 of 1999.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
(2) An advocate who has ceased to be a member of the Scheme,
may, on his written application and on payment of the arrears of
annual subscription which he would have paid, if his membership had
continued, together with interest thereon at the rate of eight een per
centum per annum, be re-admitted to the membership of the Scheme
provided his name is restored or, as the case may be, continues on the
State Roll maintained by the State Bar Council.
Payment from
the Fund on
cessation of
membership
13. 1[(1) In the event of death of member, his nominee or where there
is no nominee, his legal heirs shall be paid from the Fund an amount
calculated at the rate of rupees five thousand per annum for every
completed year of his membership which shall not be less than rupees
twenty-five thousand and more than rupees one lakh fifty thousand:
Provided that in case of death of a member on completion of
thirty years of membership, his nominee or legal heirs shall be paid
rupees five lakhs in one lump sum in the manner prescribed by the
State Government.
(2) A member shall, on ceasing to be a member under clause (b), (c) or
(d) of sub section of (1) of section 12, be paid from the Fund,-
(i) if he resigns after twelve years and before twenty -five completed
years of his membership, an amount calculated at the rate of two
thousand rupees per annum for every completed year of membership;
(ii) if he resigns after twenty -
five completed years of his membership,
an amount calculated at the rate of five thousand rupees per annu m
for every completed year of membership subject to a maximum of
rupees One lakh Fifty thousand’’.
Provided that if he resigns after thirty completed years of his
membership, such member shall be paid rupees five lakhs in lump
sum in the manner prescribed by the State Government.
(iii) if he ceases to be such member due to any other causes not
covered by sub-section (1) or sub-section (2), an amount equal to the
aggregate of his subscription paid by him and simple interest there
on at such rate trustees committee may, from time to time, fix”.]
(3) For a calculating the completed years of membership for the
purposes of this section, every five years of practice at bar, if any,
before admission of a member to the scheme shall be completed as
one year of membership of the Scheme.]
Explanation—For the purposes of this sub -section, the term
member includes a person who dies after ceasing to be a member
before receiving payment under sub-section (1).
Restriction on
alienation
attachment
etc. of interest
of members
14. Notwithstanding any thing contained in any other law for
the time being in force, the right or interest of any member of the
Scheme or his nominee or legal heirs to receive any amount from the
Fund under Section 13 shall not be alienated or cha rged and shall
not be liable to attachment under any decree or order of any court.
Special
provisions for
the member of
the Scheme
2 [14-A. Where an Advocate who is a member of the Scheme
under this Act as it stood immediately before the commenc ement of
the Uttar Pradesh Advocates Welfare Fund (Amendment) Act, 1998,
within two months of such commencement, opts not to continue as a
member of the Scheme he shall be paid an amount to which he is
entitled under section 13 as it stood before such commencement a nd
such Advocate shall not be admitted again to the membership of the
Scheme. If no such option is given such Advocate shall continue as a
member of the Scheme.]
1. Subs. by s. 02 of U.P. Act No. 34 of 2021
2. Ins. by s. 11 of U.P. Act No. 3 of 1999.
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[ The Uttar Pradesh Advocates Welfare Fund Act, 1974]
Protection of
action taken
in goodfaith
15. No suit, prosecution or other legal proceeding shall lie
against the Trustees Committee, or any member or officer thereof
in respect of anything which is in good faith done or intended to
be done in pursuance of this Act or the rules made thereunder.
Power to
make rules
16. (1) The State Government may, by notification ; make
rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following
matters, namely:—
‘‘(a) the form and the manner in which application for
membership of the Scheme may be made;
(b) the manner of payment of admission fee and annual
subscription for the membership of the Scheme;
(c) the form and the mann er in which the list of
members of the Scheme shall be maintained and its copies
or extracts shall be communicated to courts to enable them
to ensure compliance of the provision of section 9;
(d) the form and the manner in which application for
payment under section 13 shall be made and the procedu re
of inquiry, if any, to be made by the Trustees Committee for
such payment;
(e) the form and the manner in which nomination to
receive payment under section 13 may be made;
(f) any other matter which has to be or may be
prescribed.’’]1
1. Ss. 8, 9, 10, 11, 12, 13, 14, 15 and 16 inserted by s. 4 of U.P. Act No. 21 of 1988.
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