The West Bengal Advocates Welfare Fund Act, 1991

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XIII of 1991 
THE WEST BENGAL ADVOCATES WELFARE 
FUND ACT, 1991. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 17th December, 1991.] 
[17th December, 1991.1 
An Act to provide for the constitution of a Fund and utilisation thereof 
for promotion of welfare of the advocates practising in West 
Bengal and for matters connected therewith or incidental 
thereto. 
WHEREAS it is expedient to provide for the constitution of a Fund 
and utilisation thereof for promotion of welfare of the advocates 
practising in West Bengal and for matters connected therewith or 
incidental thereto; 
It is hereby enacted in the Forty-second 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 Short tine, 
Fund Act, 1991. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. 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 22; 
(b) "Bar Association" means an association mainly of advocates 
practising in any court, or before any tribunal or person legally 
authorised to take evidence, or before any other authority 
or person before whom such advocate is by or under any 
law for the time being in force entitled to practise, in West 
Bengal, and recognised as such by the Bar Council under 
section 16; 
(c) "Bar Council" means the Bar Council of West Bengal 
25 of 1961. 	 constituted under section 3 of the Advocates Act, 1961; 
Definitions. 
175 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Section 3.) 
(d) "cessation of practice" means the cessation of practice by 
an advocate of the profession of law upon death, or 
retirement, or suspension from practice, or removal of name 
from the State roll under section 35 of the Advocates Act, 
1961; 
(e) "Fund" means the West Bengal Advocates Welfare Fund 
constituted under section 3; 
(f) "member of the Fund" means an advocate admitted to the 
benefits of the Fund, and continuing as such member under 
this Act; 
(g) "notification" means a notification published in the Official 
Gazette; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "regulations" means the regulations made under this Act; 
(j) "retirement" means removal of name of a member of the Fund 
from the State roll by the Bar Council upon a request from 
such member under section 26A of the Advocates Act, 1961 
or voluntary withdrawal by a mamber of the Fund from 
practice of the profession of law or completion of thirty years 
by an advocate as a member of the Fund, whichever is 
earlier; 
(k) "State roll" means a roll of advocates prepared and 
maintained by the Bar Council under section 17 of the 
Advocates Act, 1961; 
(I) "suspension from practice" means suspension from practice 
under section 35 of the Advocates Act, 1961; 
(m) "Trust Committee" means the West Bengal Advocates 
Welfare Fund Trust Committee constituted under section 4. 
25 of 1961. 
Constitu-
tion of 
Fund. 
3. (1) The State Government shall constitute a Fund to be called 
the West Bengal Advocates Welfare Fund. 
(2) There shall be credited to the Fund—
(a) an initial grant of— 
(i) rupees thirty lakhs, or such higher sum as the State 
Government may determine, by the State Government, 
and 
(ii) rupees thirteen lakhs, or such higher sum as the Bar 
Council may determine, by the Bar Council, 
within such period after the commencement of this Act as the State 
Government may fix in consultation with the Bar Council; 
176 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 1991.] 
(Section 4.) 
(b) any contribution or voluntary donation made by the Bar 
Council of India constituted under section 4 of the Advocates 
Act, 1961 or by any Bar Association or by the Central 
Government or the State Government or by any local authority 
or any company, corporation or association of persons or 
any institution or any advocate or other individual; 
(c) all sums borrowed under section 12; 
(d) all sums received from the Life Insurance Corporation of India 
established under section 3 of the Life Insurance Corporation 31 of 1956. 
Act, 1956,— 
(i) on the death of any member of the Fund, or 
00 on account of any bonus declared by that Corporation 
is respect of any member of the Fund, 
under any policy issued by that Corporation under any 
Group Insurance Scheme; 
(e) all fees for application for membership of the Fund under 
section 18 and all sums on account of annual subscription 
to the Fund and all interest on the arrears of annual 
subscription to the Fund under section 19; 
(0 any interest or divident or other sum on any investment made 
out of any part of the Fund. 
(3) The Bar Council shall pay to the Fund annually such sum, not 
exceeding twenty per cent of the enrolment fee referred to in clause (e) 
of sub-section (2) of section 28 of the Advocates Act, 1961, as it may 25 of 1961. 
determine from time to time: 
Provided that the sum as aforsaid shall be calculated after deducting 
the sum payable by it to the Bar Council of India under section 46 of 
the Advocates Act, 1961. 
(4) The State Government shall pay to the Fund annually such sum 
as it may consider necessary for carrying out the purposes of this Act: 
Provided that such sum shall not be less than three times of the sum 
payable by the Bar Council under sub-section (3): 
Provided further that no such sum shall be paid by the State 
Government except by appropriation out of the Consolidated Fund of 
the State in accordance with law. 
4. (1) The State Government shall, by notification, constitute, with Establish-
effect m  from such date as may be specified therein, a Trust Committee to e 
Tru nstt of 
be called the West Bengal Advocates Welfare Fund Trust Committee. Committee. 
(2) The Trust Committee shall consist of the following members:—
(a) the Minister-in-charge, Judicial Department, Government of 
West Bengal, who shall be the Chairman; 
177 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Section 5.) 
(b) the Advocate-General for the State of West Bengal, who shall 
be the Working Chairman; 
(c) the Chairman of the Bar Council, who shall be the Vice-
Chairman; 
(d) the Secretary to the Government of West Bengal, Judicial 
Department, ex officio; 
(e) the Secretary to the Governmen of West Bengal, Finance 
Department, ex officio; 
(f) the Chairman, Life Insurance Corporation of India, ex officio: 
Provided that the Chairman may nominate any officer of 
the Corporation to represent him on the Trust Committee; 
(g) the Deputy Secretary to the Government of West Bengal, 
Judicial Department, dealing with the subject matter of this 
Act, ex officio; 
(h) four members elected by the members of the Bar Council from 
amongst themselves; 
(i) four members nominated by the State Government from 
amongst the persons who have for at least ten years been 
advocates. 
(3) Subject to the provisions of this Act,— 
(a) a member elected under clause (h) of sub-section (2) shall 
hold office for two years from the date of his election: 
Provided that he shall continue to hold office as a member 
of the Trust Committee until his successor is elected; 
(b) a member nominated under clause (i) of sub-section (2) shall 
hold office for two years from the date of nomination. 
(4) The Trust Committee shall be a body corporate having perpetual 
succession and a common seal, with power to acquire, hold and dispose 
of property both movable and immovable, and to contract, and shall by 
its name sue and be sued. 
Disqualifi-
cations for 
membership of Trust 
Committee. 
5. (1) A member of the Trust Committee elected under clause (h), 
or nominated under clause (i), of sub-section (2) of section 4 shall be 
disqualified for being chosen as, and for being, such member— 
(a) if he is of unsound mind and stands so declared by a 
competent court; or 
(b) if he is an undischarged insolvent; or 
(c) if he is absent from more than three consecutive meetings 
of the Trust Committee without the leave of the Trust 
Committee; or 
178 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 19911 
(Sections 6-9.) 
(d) if he is a member of the Fund and defaults to pay the annual 
subscription to the Fund; or 
(e) if he commits a breach of trust; or 
(f) if he is convicted by a competent court for an offence 
involving moral turpitude; or 
(g) if he is suspended by the Bar Council from practice or if his 
name is removed by the Bar Council from the State roll. 
(2) The State Government may remove any member of the Trust 
Committee elected under clause (h), or nominated under clause (i), of 
sub-section (2) of section 4, who has incurred any of the disqualifications 
as aforesaid, after giving him an opportunity of being heard. 
6. Any member of the Trust Committee elected under clause (h), 
or nominated under clause (i), of sub-section (2) of section 4 may resign 
his office by giving in writing under his hand addressed to the State 
Government one month's notice, and upon such resignation being 
accepted by the State Government, he shall be deemed to have vacated 
his office. 
7. Any casual vacancy occurring in the office of a member of the 
Trust Committee elected under clause (h), or nominated under clause (i), 
of sub-section (2) of section 4, whether by reason of his death, removal, 
resignation or otherwise, may be filled up as soon as possible by election 
or nomination, as the case may be, in accordance with the provisions 
of this Act, and the person so elected or nominated shall hold office 
for the remainder of the term of office of the person in whose place he 
is so elected or nominated. 
Resignation 
by members 
of Trust 
Committee. 
Filling up of 
casual 
vacancy. 
8. No act or proceeding of the Trust Committee shall be deemed vacancies 
to be invalid by reason merely of any vacancy in, or any defect in the amongst 
members, 
constitution of, the Trust Committee. 	 or defect in 
constitu-
tion, of 
Trust 
Committee 
not to 
invalidate 
proceeding 
of Trust 
Committee. 
9. ( ) The Trust Committee shall meet at least once in every three Meetings of 
months to transact business under this Act or the rules made thereunder. Trust
Committee. 
179 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Sections 10, II.) 
(2) The Trust Committee shall hold ordinarily in the fourth week of 
June every year a general meeting, in addition to any other meeting held 
under sub-section (1), to be called the annual general meeting, but fifteen 
months shall not intervene between the date of the last annual general 
meeting and that of the next annual general meeting: 
Provided that the first annual general meeting of the Trust Committee 
shall be held on a date not later than fifteen months from the date of 
the first meeting of the Trust Committee held under sub-section (1). 
(3) (a) The meetings of the Trust Committee shall be convened by 
Secretary of the Trust Committee with the approval, or under 
the direction, in writing, of the Chairman, or the Working 
Chairman of the Trust Committee, and the date, time and 
place of such meetings shall be such as may be fixed by the 
Chairman, or the Working Chairman, of the Trust Committee. 
(b) At least fifteen days' notice of every such meeting shall be 
given by the Secretary of the Trust Committee to each 
member of the Trust Committee: 
Provided that in the case of any emergency, such meeting 
may be convened with notice of at least two days. 
(4) Five members of the Trust Committee shall be a quorum for a 
meeting of the Trust Committee. 
(5) The Chairman or, in his absence, the Working Chairman or, in the 
absence of both, a member elected by the members present in the meeting 
shall preside over a meeting of the Trust Committee. 
(6) Any matter coming up before a meeting of the Trust Committee 
for decision shall be decided by a majority of the members present and 
voting and, in the case of equality of votes, the Chairman or the Working 
Chairman or the member presiding over the meeting shall have a casting 
vote. 
Vesting of 
Fund in 
Trust 
Committee. 
Functions 
of Trust 
Committee. 
10. The Fund shall vest in the Trust Committee and shall, subject 
to the provisions of this Act, be applied by the Trust Committee for 
carrying out the purposes of this Act. 
11. (1) The Trust Committee shall, subject to the provisions of this 
Act and the rules and the regulations made thereunder, administer the 
Fund. 
(2) Without prejudice to the generality of the provisions of sub-
section (1), the Trust Committee shall— 
(a) hold the Fund in trust for the purposes of this Act; 
180 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 1991.] 
(Section 12) 
(b) receive applications for admission or readmission to the 
Fund, and dispose of such applications within ninety days 
from the date of receipt thereof; 
(c) receive applications from the members of the Fund or from 
the nominees or heirs or legal representatives of such 
members for payment out of the Fund, hold such enquiry 
as it deems necessary and dispose of the applications within 
five months from the date of receipt thereof; 
(d) maintain a minute-book and record therein the decision of 
the Trust Committee on each of the applications referred to 
in clauses (b) and (c); 
(e) pay to the members of the Fund or the nominees or heirs 
or legal representatives of such members the amount payable 
under section 23; 
(f) sanction such officers and other employees as it may 
consider necessary for performing its functions under this 
Act; 
(g) make regulations regulating the recruitment, and the 
conditions of service, of officers and other employees; 
(h) send such periodical and annual reports to the State 
Government and the Bar Council as may be prescribed; 
(i) inform under certificate of posting the applicants for 
admission or readmission to the Fund, and the members of 
the Fund or the nominees or heirs or legal representatives 
of such members claiming payment out of the Fund, of the 
decision of the Trust Committee on their applications; 
(j) do such other thing as may be or is required to be done under 
this Act or the rules or the regulations made thereunder. 
12. (1) The Trust Committee may, on the recommendation of the Bar 
Council and with the prior approval of the State Government, borrow 
money from time to time for carrying out the purposes of this Act. 
(2) The Trust Committee shall deposit all moneys and receipts 
forming part of the Fund with any nationalised or other bank and may 
invest the same in any units issued by the Unit Trust of India or in any 
National Savings Certificates issued by any post-office or in any 
Government Securities or in any loans to any corporation owned or 
controlled by the Central Government or the State Government or in any 
loans floated by the Central Government or the State Government or in 
such other manner as the Bar Council may, from time to time, direct with 
the prior approval of the State Government. 
Power to 
borrow and 
invest, and to make 
payment 
out of Fund. 
181 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
Audit of 
accounts. 
Secretary 
of Trust 
Committee 
and his 
powers and 
duties. 
(Sections 13, 14.) 
(3) All amounts due and payable under this Act and all expenditure 
on account of the administration of the Fund shall be paid out of the 
Fund. 
13. (1) The accounts of the Trust Committee shall be audited by 
a chartered accountant as defined in clause (b) of sub-section (1) of 
section 2 of the Chartered Accountants Act, 1949, who shall be 38 of 1949. 
appointed by the Bar Council. 
(2) The accounts of the Trust Committee together with the certificate 
of audit and the audit report shall be forwarded to the Bar Council by 
the Trust Committee and the Bar Council may, on receipt of the certificate 
and the audit report, give such directions to the Trust Committee as it 
may deem fit. 
(3) The Trust Committee shall comply with the instructions contained 
in the audit report, and the directions of the Bar Council under sub-
section (2). 
14. (1) The Secretary of the Bar Council shall be the ex officio 
Secretary of the Trust Committee. In the absence of the Secretary, the 
Assistant Secretary of the Bar Council shall act as the ex officio Secretary 
of the Trust Committee. 
(2) The Secretary of the Trust Committee shall— 
(a) be the chief executive of the Trust Committee; 
(b) represent the Trust Committee in all suits and proceedings 
for or against the Trust Committee; 
(c) authenticate all decisions and instructions of the Trust 
Committee and all orders and other instruments made and 
executed in the name of the Trust Committee by his 
signature; 
(d) operate bank accounts jointly with the Chairman or the 
Working Chairman of the Trust Committee; 
(e) prepare the minutes of the proceeding of the meeting of the 
Trust Committee as approved by the Chairman or the 
Working Chairman or the member presiding over the 
meeting, send the copy of the same to the State Government, 
the Bar Council and the members of the Trust Committee, 
and place the same in the next meeting of the Trust 
Committee for confirmation; 
(f) attend the meetings of the Trust Committee with all 
necessary records, and furnish such information as may be 
required by the Trust Committee; 
182 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 1991.] 
(Sections 15, 16.) 
(g) maintain such forms, registers and other records as may be 
prescribed; 
(h) make correspondence on any matter relating to the Fund 
and the Trust Committee; 
(i) prepare the annual statement of business transacted by the 
Trust Committee during each financial year ending on the 
31st March; 
(j) act as the appointing and disciplinary authority of Officers 
and other employees of the Trust Committee; 
(k) do such other thing as the State Government or the Bar 
Council or the Trust Committee or the Chairman or the 
Working Chairman of the Trust Committee may direct. 
15. (1) The Accountant of the Bar Council shall be the ex officio 
Treasurer-cum-Accountant of the Trust Committee. In the absence of 
the Accountant, the Assistant Accountant of the Bar Council shall act 
as the ex officio Treasurer-cum-Accountant of the Trust Committee. 
(2) The Treasurer-cum-Accountant of the Trust Committee shall— 
(a) maintain and keep proper books of accounts, and record a 
true and correct account of daily receipts and expenditure 
of the Trust Committee; 
(b) prepare the final accounts of the Trust Committee; 
(c) assist the chartered accountant in the audit of the accounts 
of the Trust Committee; 
(d) sign all bills and vouchers jointly with the Secretary of the 
Trust Committee; 
(e) attend the meetings of the Trust Committee (including the 
annual general meeting); 
(f) disburse money as may be required to be paid out of the 
Fund; 
(g) perform such other functions and discharge such other 
duties as may be assigned to him by the Chairman or the 
Secretary of the Trust Committee. 
16. (I) No Bar Association shall be recognised as such by the Bar 
Council for the purposes of this Act unless it is registered in the manner 
hereinafter provided. 
(2) Every Bar Association shall, if it intends to be recognised as such 
for the purposes of this Act, apply on or before such date or such 
extended date as the Bar Council may notify, to the Bar Council for 
registration in such form as may be prescribed. 
Treasurer-cum-
Accountant 
of Trust 
Committee and his 
duties. 
Registration 
of Bar Associa-
tion. 
183 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Sections 17, 18.) 
Duties of 
Bar 
Associa-
tion. 
Member-
ship of 
Fund. 
(3) Every application for registration shall be accompanied by the 
rules and the bye-laws of the Association, the names and addresses of 
the office-bearers and the members of the executive committee of the 
Association and an up-to-date list of the members of the Association 
showing the name, address, age and date or year of enrolment of each 
such member and the place where he ordinarily practises. 
(4) The Bar Council may, after such enquiry as it deems necessary, 
register the Bar Association and issue a certificate of registration in such 
form as may be prescribed and thereupon the Association shall be 
recognised as such by the Bar Council for the purposes of this Act. 
(5) The decision of the Bar Council on any matter regarding 
registration and recognition of a Bar Association shall be final. 
17. (1) Every Bar Association shall, on or before the 30th April 
each year, send to the Bar Council a list of members of the Association 
as on the 31st March of that year. 
(2) Every Bar Association shall inform the Bar Council, in writing, 
of— 
(a) any change of office-bearers and members of the executive 
committee of the Association within thirty days of such 
change; 
(b) any change of membership (including admission and 
readmission of members) within thirty days of such change; 
(c) the cessation of practice, retirement or suspension from 
practice of any member of the Association within thirty days 
of the occurrence thereof; 
(d) such other matters as may be prescribed or required by the 
Bar Council from time to time. 
18. (1) Every advocate may apply to the Trust 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 Trust 
Committee shall make an enquiry as to the eligibility of the applicant for 
admission as a member of the Fund and shall either admit the applicant 
as a member of the Fund or, for reasons to be recorded in writing, reject 
the application: 
Provided that no application shall be rejected without giving the 
applicant an opportunity of being heard. 
184 
The West Bengal Advocates Welfare Fund Act, 1991. • 
XIII of 1991. 
(Section 19.) 
(3) Every applicant shall pay an application fee at the following 
rates:— 
(a) in the case of an applicant who has been an advocate for 
fifteen years or more, rupees two hundred; 
(b) in the case of an applicant who has been an advocate for 
less than fifteen years but not less than five years, rupees 
one hundred; 
(c) in the case of an applicant who has been an advocate for 
less than five years, rupees fifty. 
(4) The application fee as aforesaid shall be payable in four equal 
instalments in such manner as may be prescribed: 
Provided that the first instalment shall be payable with the application 
for admission as a member of the Fund: 
Provided further that an applicant belonging to the Scheduled Castes 
or the Scheduled Tribes shall pay an application fee equal to half of such 
fee in accordance with the provisions of clause (a) or clause (b) or 
clause (c), as the case may be, of sub-section (3). 
(5) When an application for admission as a member of the Fund is 
rejected under sub-section (2), the first instalment of the application fee 
paid by the applicant shall be refunded to him. 
19. (1) Every member of the Fund shall pay an annual subscription 
to the Fund on or before the 31st December each year at the following 
rates:— 
(a) where the member of the Fund has been an advocate for 
fifteen years or more on the 31st December of the preceding 
year, rupees one hundred and fifty; 
(b) where the member of the Fund has been an advocate for less 
than fifteen years but not less than five years on the 31st 
December of the preceding year, rupees one hundred; 
(c) where the member of the Fund has been an advocate for less 
than five years on the 31st December of the preceding year, 
rupees fifty. 
(2) Any member of the Fund may, at his option, pay the annual 
subscription to the Fund in two equal half-yearly instalments, the first 
instalment being payable on or before the 30th June, and the second 
instalment being payable on or before the 31st December, each year. 
(3) Any member of the Fund, who fails to pay the annual 
subscription to the Fund under sub-section (I) or the half-yearly 
instalments under sub-section (2) on or before the dates mentioned 
therein, shall be liable to be removed by the Trust Committee from the 
membership of the Fund: 
Annual 
subscription 
to Fund. 
185 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Sections 20-22.) 
Provided that no member of the Fund shall be removed from the 
membership of the Fund unless he has been given one month's notice 
in writing in this behalf. 
(4) Any advocate who has been removed from the membership of 
the Fund under sub-section (3), may be readmitted as a member of the 
Fund on payment of the arrears of annual subscription with interest at 
the rate of twelve per cent. per annum within six months from the date 
of removal. 
Nomina- 	 20. (1) Every member of the Fund shall, upon admission to the 
Lion. 	 membership of the Fund, make a nomination, in such form as may be 
prescribed, conferring on one or more persons 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. 
(2) If any member of the Fund nominates more than one person under 
sub-section (1), he shall specify in the form of nomination the amount 
or the share to which each such person shall be entitled so as to cover 
the whole amount that may be due to him. 
(3) A member of the Fund may at any time cancel the nomination 
by sending to the Trust Committee a notice in writing, provided that he 
shall, along with the notice, send a fresh nomination. 
Furnishing 
of informa-
tion to 
Trust 
Committee. 
Act not to 
apply in 
certain 
cases. 
21. Every member of the Fund who voluntarily suspends practice 
or retires from practice shall, within fifteen days of such suspension of 
practice or retirement from practice, inform the Trust Committee of the 
fact of such suspension of practice or retirement from practice, as the 
case may be. If any member of the Fund fails to so inform the Trust 
Committee without sufficient reasons, the Trust Committee may, in such 
manner as may be prescribed, reduce the amount payable to him from 
the Fund under this Act. 
22. 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, 25 of 1961. 
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 
186 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 19911 
(Section 23.) 
(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 
(g) 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 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 
25 of 1961. 
	
	 has been enrolled as an advocate under the Advocates Act, 
1961 and the rules made thereunder notwithstanding his 
being a full-time salaried employee. 
23. (1) A member of the Fund shall, upon cessation of practice or 
upon retirement, be entitled to receive from the Fund an amount at the 
rate specified in the Schedule: 
Provided that where under sub-section (4), for the remaining fraction 
of years, every year of practice is computed as three months of practice, 
a member of the Fund shall be entitled to receive an additional amount 
of rupees two hundred and fifty for each such period of three months so 
computed. 
(2) In the event of death of a member of the Fund, the amount shall 
be paid to his nominee or, where there is no such nominee or, in the 
absence of the nominee, to his legal heir or representative on production 
of a succession certificate. 
(3) A member of the Fund may opt for payment from the Fund any 
time after five years from the date of his admission to the Fund, but he 
shall be eligible for readmission to the Fund as a new member on such 
conditions as may be prescribed. 
Payment from Fund. 
187 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act 
(Sections 24, 25.) 
(4) For calculating the period of practice referred to in the Schedule, 
every four years of practice, if any, before admission as a member of the 
Fund shall be computed as one year of practice and, for the remaining 
fraction of years of practice, every such year of practice shall be computed 
as three months of practice, and the total of the completed years of practice 
so computed shall be added to the number of years of practice after 
admission as a member of the Fund. 
(5) In the case of a member of the Fund who dies within five years 
of his admission to the Fund, his nominee or legal heir or representative, 
as case may be, shall be eligible to receive from the Fund an amount at 
the rate of rupees one thousand for each year of practice. 
(6) An application for payment from the Fund shall be made to the 
Trust Committee in such form as may be prescribed. 
(7) Where a member of the Fund voluntarily withdraws from 
practice within five years of his admission to the Fund, he shall be entitled 
to the refund of the annual subscription to the Fund paid by him under 
section 19 on an application to the Trust Committee made by him in 
such form as may be prescribed. 
(8) The Trust Committee shall, on receipt of an application under 
sub-section (7), dispose of the same after such enquiry as it deems 
necessary. 
24. (1) An appeal against any decision of the Trust Committee 
shall lie before the Bar Council. 
(2) An appeal shall be preferred in the prescribed form and shall 
be accompanied by— 
(a) the order appealed against, and 
(b) a non-refundable fee of rupees ten. 
(3) Every appeal shall be preferred within thirty days from the date 
of receipt of the order appealed against. 
(4) The decision of the Bar Council on the appeal shall be final. 
25. (1) The Trust Committee 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) provide for medical and educational facilities for the 
members of the Fund and their dependants; 
(c) provide for better library facilities for Bar Associations to 
enable the members of the Fund to avail of the same; 
(d) provide for such other benefits and amenities as may be 
prescribed. 
Appeal. 
Group 
Insurance 
and other 
benefits for 
members of 
the Fund. 
188 
The West Bengal Advocates Welfare Fund Act, 1991. 
XIII of 1991.] 
(Sections 26-29.) 
(2) Notwithstanding anything contained in this Act, the Trust 
Committee may, at its discretion, provide financial assistance from the 
Fund to organise welfare schemes for the indigent, disabled or other 
advocates who are members of the Fund. 
26. (1) Notwithstanding anything contained in any other law for 
the time being in force, the interest of any member of the Fund in the 
Fund or the right of a member of the Fund or his nominee or legal heir 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 or other authority or person. 
(2) No creditor shall be entitled to proceed against the Fund or 
the interest therein of any member of the Fund or his nominee or legal 
heir. 
Explanation.—For the purposes of this section, "creditor" shall 
	
3 of 1909. 	 include the State, or an official assignee, appointed under the Presidency- 
	
5 of 1920. 	 towns Insolvency Act, 1909, or a receiver, appointed under the Provincial 
Insolvency Act, 1920, or under any other law for the time being in force. 
27. The Trust Committee and the Bar Council shall, for the purposes 
of any enquiry under this Act, have the same powers as are vested in a 
	
5 of 1908. 	 civil court while trying a suit under the Code of Civil Procedure, 1908, 
in respect of the following matters:— 
(a) enforcing the attendance of any person for examining him 
on oath; 
(b) requiring the discovery and production of documents; 
(c) receiving evidence on affidavit; 
(d) issuing commissions for examination of witnesses. 
28. (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 provision of this Act, may be or are required to be 
prescribed or made by rules. 
29. (1) The Trust Committee may, with the previous approval of 
the State Government, make regulations, not inconsistent with the 
provisions of this Act or the rules made thereunder, for discharging its 
functions under this Act. 
(2) All regulations shall be published in the Official Gazette. 
Restriction 
on 
alienation, 
attachment, 
etc. of 
interests of 
members of 
Funds in 
Fund. 
Power to 
summon 
witnesses 
and take 
evidence. 
Power to 
make rules. 
Power to 
make 
regulations. 
189 
The West Bengal Advocates Welfare Fund Act, 1991. 
[West Ben. Act XIII of 1991.] 
(Schedule.) 
SCHEDULE 
[See section 23(1).] 
Rs. 
30 Years' practice 30,000 
29 Years' practice 29,000 
28 Years' practice 28,000 
27 Years' practice 27,000 
26 Years' practice 26,000 
25 Years' practice 25,000 
24 Years' practice 24,000 
23 Years' practice 23,000 
22 Years' practice 22,000 
21 Years' practice 21,000 
20 Years' practice 20,000 
19 Years' practice 19,000 
18 Years' practice 18,000 
17 Years' practice 17,000 
16 Years' practice 16,000 
15 Years' practice 15,000 
14 Years' practice 14,000 
13 Years' practice 13,000 
12 Years' practice 12,000 
11 Years' practice 11,000 
10 Years' practice 10,000 
9 Years' practice 9,000 
8 Years' practice 8,000 
7 Years' practice 7,000 
6 Years' practice 6,000 
5 Years' practice 5,000 
4 Years' practice 4,000 
3 Years' practice 3,000 
2 Years' practice 2,000 
1 Year's practice 1,000 
190 

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