The West Bengal Advocates Welfare Corporation Act, 2012

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Registered No. WB/SC-247 No. VVB(Part-III)/2012/SAR-15

KuMath (6ttytte

Extraordinary
Published by Authority
VAISAKHA 5] WEDNESDAY, APRIL 25, 2012 [SAKA 1934
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 566-L.----25th April, 2012.—The following Act of the West Bengal Legislature, having been assented to by the
Governor, is hereby published for general information:—
West Bengal Act V of 2012
Short title,
extent and
commencement
THE WEST BENGAL ADVOCATES WELFARE
CORPORATION ACT, 2012.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 25th April, 2012.]
An Act to establish an Advocates Welfare Corporation in West Bengal.
WHEREAS it is expedient to provide for the establishment of Advocates Welfare
Corporation for the welfare, rehabilitation and settlement of the Advocates practising
in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-third Year of the Republic of India by the
Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Advocates Welfare Corporation
Act, 2012.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.
2 THE KOLKATA GAZETTE. EXTRAORDINARY, APRIL 25, 2012 [PART BI
The West Bengal Advocates Welfare Corporation Act, 2012.
Definitions.
(Sections 2-5.)
2. (1) In this Act, unless the context otherwise requires,—
(a) "advocate" means an advocate whose name is entered in the State roll and
who is a member of a Bar Association, but does not include an advocate
to whom the provisions of this Act do not apply under section 29;
(b) "notification" means a notification published in the Official Gazette;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "State Government" means the State Government in the Judicial
Department;
(e) "stipend" means an allowance to be paid by the Corporation monthly for
the purposes of this Act.
(2) Words and expression used in this Act, but not defined shall have the same
meaning as respectively assigned to them in the West Bengal Advocates Welfare Fund
Act, 1991.
West Ben. Act
XII of 1991.
Incorporation.
Constitution of
the Corporation.
Disqualifications
for membership.
3. (1) The State Government may, by notification, establish a Corporation to be
known as the West Bengal Advocates Welfare Corporation.
(2) The Corporation shall be a body corporate by the name notified under
sub-section (1), having perpetual succession and a common seal, and shall by the said
name sue and be sued.
4. (1) The Corporation shall consist of the following members, namely:—
(a) Minister-in-charge, Law and Judicial Department, ex officio Chairperson;
(b) the Secretary, Judicial Department, Government of West Bengal, ex officio;
(c) the Secretary or an officer not below the rank of Joint Secretary, Law
Department, Government of West Bengal, etc officio;
(d) the Legal Remembrancer, Government of West Bengal, ex officio;
(e) the Managing Director of the Corporation;
(f) such number of other members, not exceeding five, as the State Government
may, by notification, appoint.
(2) The State Government shall appoint, if it thinks fit, one of the members as the
Vice-Chairperson of the Corporation.
(3) The term of office, and the manner of filling casual vacancies in the offices, of
the members of the Corporation shall be such as may be prescribed.
5. A person shall be disqualified for being chosen as, and for being, a member of
the Corporation—
(a) if he is a lunatic or a person of unsound mind, or
(b) if he has been adjudged insolvent, or
(c) if he has been convicted of an offence involving moral turpitude, or
(d) if he has any financial interest in any work undertaken by the Corporation
for execution.
PART III]

THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 25, 2012 3
The West Bengal Advocates Welfare Corporation Act, 2012.
(Sections 6-11.)
Validity of acts
and proceedings.
Transaction of
business.
Managing
Director, Chief
Accounts Officer
and other staff.
6. No act or proceeding of the Corporation shall be invalid by reason only of
the existence or any vacancy amongst its members of any defect in the constitution
thereof.
7. (1) The Corporation shall meet at such time and place and shall, subject to the
provisions of sub-sections (2) and (3), observe such rules of procedure in regard to
transaction of business at its meetings as may be provided by regulations made under
this Act.
(2) The person to preside at a meeting of the Corporation shall be the Chairperson
thereof or, in his absence from any meeting, the Vice-Chairperson, if any, or, in the
absence of both the Chairperson and the Vice-Chairperson, such member as may be
chosen by the members present from amongst themselves.
(3) All questions at a meeting of the Corporation shall be decided by majority of
votes of the members present and voting and, in the case of equality of votes, the
Chairperson or, in his absence, any other person presiding shall have a second or casting
vote.
8. (1) The Corporation shall have a Managing Director, a General Manager
and a Chief Accounts Officer, who shall be appointed or deputed by the State
Government.
(2) The Corporation may appoint such other officers and employees as it considers
necessary for the efficient performance of its functions subject to the approval by the
State Government.
(3) The conditions of appointment, and the scales of pay, of the officers and other
employees of the Corporation shall,—
(a) as respects the Managing Director, the General Manager and the Chief
Accounts Officer, be such as may be prescribed; and
(b) as respects the other officers and employees, be such as may, subject to
the approval of the State Government, be determined by regulations made
under this Act.
(4) The Managing Director shall be the executive head of the Corporation and all
other officers and employees of the Corporation shall be subordinate to him.
9. No person who has, directly or indirectly by himself or by his partner or agent,
any interest in any contract, by or on behalf of the Corporation or in any work undertaken
by the Corporation, shall become or remain an officer or other employee of the
Corporation.
10. The State Government shall for the purposes of this Act depute officers to the
Corporation on such terms and conditions as may be prescribed.
11. The Corporation shall establish construction in engineering wing for the purpose
of the construction of housing and maintenance thereof as a part of welfare measure
for the advocates coming under the purview of this Act:
Provided that the engineer from engineering cadre shall be deputed for the purpose
of this Act from the Public Works Department of the State Government.
Officers and other
employees of the
Corporation not
to have any
interest in
contract etc.
Power of State
Government to
Depute officers.
Establishment of
Construction and
Engineering
Wing.
4 THE KOLKATA GAI6TTE, EXTRAORDINARY, APRIL 25, 2012 [PART III
The West Bengal Advocates Welfare Corporation Act, 2012.
(Sections 12-15.)
12. The Corporation may, subject to such conditions and limitations as it
may specify, authorise the Managing Director to exercise such powers and
perform such duties as it may deem necessary for the efficient administration of its
business.
13. All orders and decisions of the Corporation shall be authenticated
by the signature of the Chairperson or any other member authorised by
the Corporation in this behalf and all other instruments issued by the
Corporation shall be authenticated by the signature of the Managing Director or
by any other officer of the Corporation authorised by the Managing Director in this
behalf.
14. Subject to the provisions of this Act, the functions of Corporation
shall be to undertake generally the task of such welfare of the advocates
practising in the State of West Bengal, and on such terms and conditions, as may be
prescribed.
15. Subject to the provisions of this Act, the Corporation shall power—
(a) to acquire or hold such property, both movable and immovable,
as the Corporation may deem nececessary for the purpose of any of
its functions and to lease, sell or otherwise transfer any property held
by it;
(b) to purchase by agreement or to take on lease or under any form of tenancy
any land and to erect thereon such buildings as may be necessary for the
purpose of carrying on its undertakings;
(c) to enter into, or to perform, such contracts as may be necessary for the
discharge of its functions and the exercise of its powers under this
Act;
(d) to provide facilities for the consignment, storage and delivery of
goods;
(e) to provide such stipends to the newly enrolled advocates for a
period of one year or more as the State Government may by order
determine;
(f) to provide housing facilities both rental and ownership basis to the
advocates as per demand;
(g) to provide insurance coverage to all practising advocates who are below
60 years of age;
(h) to provide any other beneficial scheme like medical insurance, higher study
loans, marriage loans, car purchase loans, etc.;
(i) to do with the prior approval of the State Government, all other things to
facilitate the proper carrying on of the business and the functions of the
Corporation.
Conferment of
powers on
Managing
Director.
Authentication.
Functions of the
Corporation.
Power of the
Corporation.
PART III]
THE KOLKATA GAZE I b, EXTRAORDINARY, APRIL 25, 2012
5
The West Bengal Advocates Welfare Corporation Act, 2012.
(Sections 16-23.)
Acquisition of
land. 16. The Corporation may take steps for acquisition of any land for discharging
any of its functions under this Act in accordance with the provisions of the Land l of 1894.
Acquisition Act, 1894.
Expenditure from
fund.
Budget.
Audit by Auditor
appointed by
State
Government.
17. It shall be the general principle of the Corporation that in carrying on its
undertakings it shall act on business principles.
18. The State Government may provide to the Corporation such capital as the State
Government may consider necessary for the purpose of carrying out all or any of its
functions under this Act, subject to such terms and conditions, not inconsistent with
the provisions of this Act, as the State Government may determine:
Provided that any sum received from the Advocates Welfare Funds under the West
Bengal Advocates Welfare Fund Act, 1991, shall also form a part of the capital of the
Corporation.
19. All receipts of the Corporation shall be carried into its general fund and all
payments by the Corporation shall be made therefrom.
20. (1) The Corporation shall make such provisions for reserve and other specially
denominated funds as the State Government may from time to time direct.
(2) The management of the funds referred to in sub-section (I), the sums to be
carried from time to time to the credit thereof and the application of the money comprised
therein shall be determined by the Corporation.
(3) None of the funds referred to in sub-section (1) shall be utilised for any purpose
not connected with the functions of the Corporation without the previous approval of
the State Government.
21. The Corporation shall have power to spend such sums as it thinks fit on objects
authorised under this Act, and such sums shall be treated as expenditure payable out of
the general fund of the Corporation or the funds referred to in sub-section (1) of section
20 as the case may be.
22. (1) The Corporation shall, by such date in each year as may be prescribed, '
prepare and submit to the State Government for approval the budget for the next financial
year showing the estimated receipts and expenditure during that financial year in such
form as may be prescribed.
(2) The Corporation may sanction any reappropriation within the grant from one
head of expenditure to another or from a provision made for one work to that in respect
of another, subject to the condition that the aggregate of the grant is not exceeded.
(3) The Corporation may, within such limits and subject to such conditions as may
be prescribed, incur expenditure in excess of the limit provided in the budget approved
by the State Government under any head of expenditure or in connection with any
particular work.
(4) A copy of the budget shall be placed before the State Legislature as soon as
may be after the budget has been approved by the State Government.
23. (1) The Corporation shall cause to be maintained books of account and
other books in relation to its accounts in such form and in such manner as may be
prescribed.
(2) The accounts of the Corporation shall be audited by the Auditor appointed by
the State Government in this behalf at such times and in such manner as may be
prescribed.
The Corporation
to act on business
principles.
Capital of the
Corporation.
Receipts into, and
payments from, the
general fund of the
Corporation.
Reserved and
other funds.
West Ben. Act XII
of 1991.
6 THE KOLKATA GAZE11E, EXTRAORDINARY, APRIL 25, 2012 [PART III
The West Bengal Advocates Welfare Corporation Act, 2012.
(Sections 24-28)
Power of State
Government to
issue instructions.
Furnishing of
returns etc.
Supersession of
the Corporation.
Liquidation of the
Corporation.
(3) As soon as the accounts of the Corporation have been audited, the Corporation
shall send a copy thereof together with a copy of the report of the Auditor thereon to
the State Government.
24. The State Government may issue to the Corporation general instructions to be
followed by the Corporation and such instructions may include directions relating to
the recruitment, and the conditions of service and training, of its employees, the wages
to be paid to the employees, the reserves to be maintained by it and the disposal of its
property, movable or immovable, and the Corporation shall be bound to follow such
instructions.
25. (1) The Corporation shall furnish to the State Government such returns,
statistics, accounts and other information with respect to its property or activities or in
regard to any proposed work as the State Government may from time to time require.
(2) The Corporation shall finish to the State Government an annual report on its
working as soon as may be after the end of each year and a copy of the annual report
shall be placed before the State Legislature as soon as may be after it is received by the
State Government.
26. (1) The State Government may, by order published in the Official Gazette,
supersede the Corporation for such period as may be specified in the order after giving
a reasonable opportunity to the Corporation to show cause against the order proposed
to be issued and after considering the objection, if any, of the Corporation:
Provided that it shall not be necessary to give any opportunity to the Corporation to
show cause against the order proposed to be issued if the State Government is of the
opinion that it is neither expedient nor necessary to do so in the public interest.
(2) Upon the publication of the order under sub-section (1) superseding' the
Corporation,—
(a) all the members of the Corporation shall as from the date of supersession
vacate their respective offices as such members;
(b) all the powers and duties which may by or under the provisions of this Act
or of any other law for the time being in force be exercised or performed
by or on behalf of the Corporation shall during the period of supersession
be exercised and performed by such person or persons as the State
Government may direct;
(c) all property vested in the Corporation shall during the period of
supersession vest in the State Government.
(3) On the expiration of the period of supersession as specified in the order issued
under sub-section (1), the State Government may—
(a) extend the period of supersession for such further term as it may consider
necessary, or
(b) reconstitute the Corporation in the manner provided in this Act for
establishing the Corporation.
27. No provision of any law relating to the winding up of companies or corporations
shall apply to the Corporation and the Corporation shall not be placed in liquidation
save by order of the State Government and save in such manner as may be directed by
the State Government.
Recovery of sums 28. Any sum payable to the Corporation shall be recoverable as an arrear of land-
due. Ben. Act III of revenue under the Bengal Public Demands Recovery Act, 1913. 1913.
PART III]
THE KOLKATA GAZEIIh, EXTRAORDINARY, APRIL 25, 2012 7
The West Bengal Advocates Welfare Corporation Act, 2012.
Act not to apply
in certain cases.
Power to make
rules.
Regulations.
(Sections 29-31.)
29. The provisions of this Act shall not apply to an advocate—
(a) if he is not a member of a Bar Association; or
(b) if his name has been removed by the Bar Council from the State roll either
under section 26A, or under clause (d) of sub-section (3) of section 35, of
the Advocates Act, 1961; or
(c) if he is suspended from practice under clause (c) of sub-section (3) of
section 35 of the Advocates Act, 1961:
Provided that the provisions of this clause shall not apply to him beyond
the period of suspension; or
(d) if he is an undischarged insolvent; or
(e) if he is convicted by a competent court for an offence involving moral
turpitude:
Provided that the provisions of this clause shall cease to apply to him
on the expiry of a period of two years from the date of his release from jail
or from the date of payment of fine by him in case he is sentenced to pay
a fine only, as the case may be; or
(1) if he carries on any occupation, trade or business in contravention of the
provisions of any law for the time being in force; or
if he voluntarily suspends practice:
Provided that the provisions of this clause shall cease to apply to him
upon the resumption of practice by him; or
(h) if he has received, by virtue of his service in any post and in accordance
with the terms and conditions of such service, any financial benefit
(including Provident Fund, Gratuity, Pension or Compensation) upon
retirement, resignation, retrenchment or termination of service; or
(i) if he is a law officer or an employee of the Central Government or of any
State Government or of any corporation or other body constituted under
any law for the time being in force who has been enrolled as an advocate
under the Advocates Act, 1961 and the rules made thereunder
notwithstanding his being a hill-time salaried employee.
30. (1) The State Government may, by notification, make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the matters which under any provisions of this
Act, may be or are required to be prescribed or made by rules.
(3) Every rule made under this section shall, as soon as they are made, be laid
before the State Legislature.
31. (1) The Corporation may, with the previous sanction of the State Government,
make regulations not inconsistent with this Act and the rules made thereunder, for the
administration of the affairs of the Corporation.
(2) In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:—
(a) the time and place of meetings of the Corporation and the procedure to be
followed in regard to transaction of business at such meetings;
(b) the conditions of appointment and service, and the scales of pay, of officers
and other employees of the Corporation other than the Managing Director,
the General Manager and the Chief Accounts Officer.
(g)
25 of 1961.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 25, 2012 [PART III
The West Bengal Advocates Welfare Corporation Act, 2012.
(Section 32.)
Power to remove
difficulties.
32. If any difficulty arises in giving effect to the provision of this Act, the State
Government may, by order, not inconsistent with provisions of this Act, remove
difficulties.

By order of the Governor,
B. K. SRIVASTAVA,
Secy.-in-charge to the Govt. of West Bengal,
Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bennal Enterprise), Kolkata 700 056

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