h.p advocate welfare act legal

7/29/2019 h.p Advocate Welfare Act legal

1/17

DISCLAIMER: This document is being furnished to you for your information by PRSLegislative Research (PRS). The contents of this document have been obtained from sourcesPRS believes to be reliable. These contents have not been independently verified, and PRSmakes no representation or warranty as to the accuracy, completeness or correctness. Insome cases the Principal Act and/or Amendment Act may not be available. Principal Actsmay or may not include subsequent amendments. For authoritative text, please contact therelevant state department concerned or refer to the latest government publication or the

gazette notification. Any person using this material should take their own professional andlegal advice before acting on any information contained in this document. PRS or any personsconnected with it do not accept any liability arising from the use of this document. PRS or anypersons connected with it shall not be in any way responsible for any loss, damage, or distressto any person on account of any action taken or not taken on the basis of this document.

The Himachal Pradesh Advocates Welfare Fund Act , 1996

Act 14 of 1996

Keyword(s):Advocate, Bar Association, Bar Council, Cessation, Dependents, Funds,Retirement, Suspension of Practice, Trustee Committee


2/17

33. Laylng of rules and notifications.T h e Schedule

TEEHIMACKIL PRADBEI ADVOCATES WELFARE FUND ACT, 1996 I{Act No. 14 of 1 ~ 6 ' )

(Authoritative English text of heh c h h radesh Adhibbkta Kalayan , . . . . .. . . . . .Nidhi Adhiniyam, 1966). . . -. . ., - - - . . , ,.. . . . . . . . . . . . . . . . .. . . . . . . . ........................................... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . -. - .. . . . .Received he assent of the President on 23rd Nqvemhr, 1996 md was I . , .... . \ .: . . . . .. . . . . . .published in J3indi and English in RH-P.Extra., dated the 11th December, 1996at p. 5559-5572 and 5573-5585).,. - ..

An Act to provide for th e maslimtion of a welfare fund for thebenefd of advocates on cessation of practice in the State of EimachalPradesh and for matters connectedtherewith or incidental thereto. 5'2 iBE it enacted ,by he Legislative Assembly of Himachal Pradah in theForty-seventh Year of l l ~ e cpublicofhdia as fo~lom:-1. Short title, extent and commencement.-(l) This Act may becalled th e HimachalPradesh hdvocat& We& Fund Act, 1996.(2) It extends to ihewhole of the Slate ofHhmchalPradesh.(3 ) It sball come into form on mch datc as the Statc G&cmmcnt . -. . . . . . . . .may, by notificationin themcialGazette, appoint. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .

m .. . . . . . . . . . .. . - . - , . , - ,. . . . . . . . . . .. . . . , . . -, . . . . - . . . . .. . . . . . .. . . . . . . . . - . . . - - ..- - .2. ~ e f ~ n i t i o n a - h his Act, unless the contixi otherwise requireq-

, . . . . , ., , , - - . , . . . . .. ,(a ) "AbYowte"meads a person *hose name has be& entered in the , , . . , . ,State roll of advocates prepared and majntained by thc BarCouncil of Himacbal Pradesh State under section 17'of th e , !AdvocatesAct,1961 (25of1961)andwhoisamemberofaBar ( , - -Association; . , . . . .,. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . :.. - - I . -- . . . . . . : . . . . . . .- . ...? ' : --:.::.,. . . . . . . . . . .. - -. . , . . . . . . . . ., . . - . ,. . .. . .(b) "Bar Association"mmv an association &advocate recognhdandregisteredby theBarCouncil under section 14;I . Passtdin Hindi by rht Hi twchal P r n b h Vi+ S&ha. For S l n W fObj- d -

w RH.P.E mdsd 7.3.f99C.ges 876908.


3/17

"Bar CounciI" means a Bar Council of Himachf Pradwh'co&ituted k d e r %lion 3 of the Advcmte5 Act, 1961 (25of 1961); , ."Cessation of practicen means removal of the name of anadvm te h r n the'Sfate roU qintained by tbe Bar Council ona m u a t of is d b d ~s rktirementor on'&t of h is v o l u n w -cessation of practice on the ground of permarrent physicaI ormental disabiliv,"Dependctits"m w h c spouse, parent &id children dependenton he member of he Fund and includes 'his widowed daughterand major children who suffer fibm physid dkabili1-y orinsanity and .whoare maintained by him or +vch of Lhem wh od v e n hii deah;"F~I&"means the Himachal ~ r i d e s h d v w t a e E m Fundconstitutedunder section 3;

"Member OF ibe Fund" m a n s an advomte admiwed to theh & k i of thc Fund and cantinting to be .a member thereafunder the provisionsof his ~ c t ;"miMeans p r a c r i d ~he ~ a rCOW^ by ni~sadeunder thisAct;. .

. , I . -"Re&rnentt' means itoPpge of practik & an advocate,communicatedand recorded by he BarCound;, . ,

"~larnp'.ham' ~imacda l adesb ~ & & t e s Welfare FundStamp printedGddkmibutod d o n 6;"Slate' means the Slate of^^ Pmdcsh;"suspeusionof practice" means voIuntary &pension of practicean & m t e or fllspwonby tlq Bar Colmd formismducl;-"TrusteeComqittee",rnw the HhachaI Pradesh Advocates'wetfare Furrd.TnrsteeCommitteeconstitutedunder section4;

, . , .I : . . .


4/17

( 0 ) "Vakalatnama" includes memorandum of appearance or any . . . . . . . . . . . . . . ....;::..:!::::.::- ....... .,-....................... . - . . .. % . . . . . . ., : . . . . . . . . . . . . . :. . . . . .other d m e n t by which an advocateis empowered to appearor . . . . .. . . . . . . . . . . . . . .. . . . . . . .... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .


5/17

4. ~onsf i tut ion of Trustce Commi&+l) The StateGwernment shall. by noacation in he Of5cialLGazette,onstitutewith effectfrom such date as may IE spiiid therein a Committee to be called "theHirnachal.Pradesh Aahroates Wclfare Fund Trustee Committe".(2) The ~rust'ee Committee shall be a Mdy mrporate by theaforesaid name bmiag perpetual mocession and a common s d with power to

squire, hold and dispose of proper@and to enter into contract and shall by ihesaid name, sue and bc sued.(33 The Trustee~om& i t eeshall consistof- .(a) theChairman of the Bar Cauncil of HimachalPmkh who sballbe theChairman of heTntsteeCommittee, Ex-officio;(b) the Advocak'General of he State-of Himachal Pra- Ex-oEcioMember,

, , ,- ,

(c) the Secrehry to theGovernment inLaw Deparlment, Ex+fficioMember,(d) two members nominatedby the Government;(el threemembersof,theBar Council nomipted by it; and( f ) thc Secretary of the Bar Council who shall Ix the Secretary ,of

theTrusteeCommittee, Ex&io.(4) A member nominated by the Gwernment under clause (d) andby the BafCauflcil under clause (e) of s u b s e d o n (3) sball hold office for a term

of three years or in he6 fmembers mentioned under clause (e) a f . s u M o n(3) upt&-the uration of his hismembership& the Bar Council,.whichever is less, ortill such member resigns his olice and his resignation is accepted by, heChairman.

5. . Disqualifcation and remnval of nokat ed m em bcrs ofTrustee C o m m i t h + l ) A p emn shall be for k i n g norhakd,under c l a w s Id) and (el of sub-section (3) of section4, for being ame- of&eTrusteeCornmitt=, ifhe- , .

(a) becorn of w u n d mind; or@) is adjudged insolvent; or


6/17

(c) is absent without leave of the Trustee Committee for more thanthreecunseculivemetings of theTrusteeCommittee:

Prwided that the member ceasingto hold ofice under t h i s clause may lx Iallowed to continue as such member by the Trustee Committee, if such . . 1.member makes an application for the condonation of the absence, orI

(d) is a defaulter to the Fund (incase he is a member of the Fund);or. +(e) is mnvictedby a mimind court far an offence involving,turpitude, unless suchconvictionhasbeen ~ t e d e ; ,

(0 being a person nominated by theBarCouncil-(i) ceases to practise as an advocate under the AdvmtesAct, 196.1 25 of 1961); or(ii] ceases to be memberof heBar Cougcil; or(iii) is debarred fmm on the ground of

- profmional miscrmduct.!

(2) The Governmentmay remove any member who is orhasbecomedhquaUiedunder &section (1) b m he memkrship of the TrusteeCommittee:Provided that no order removing any member nominated .by the 3ar

Council shall be passed unlwi the member and the Bar Council have been givenanoppominityofbeinghard., . .

. , . . ., I- 6. Resignation by nominated members of Trustee Committee . . . . . , . . . . .. . . . . . . . . . . .- - ., , ,; . -. ,. , - - > . . . . . . . . .and f i g , u p f umalvacmcia-(l) Anymemlxr nominated under clauses (6) ., . . .. . . . . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...............::.. . . ..... .:............and (e) of sub-s&on4(3) of section 4 may resign his a c e y giving thrae months : . 1 : .:. . . . . . ..noticc in:Mtiag to the-Gwwnmentor the Bar Cuuncil, as the casemayh, nd . . . . . . . - .. . . . . . . . . . . . . . .- . . - - . . . . . .. .on such n%igmtionb e i n g a w e d by the-w e n t r as the case may be by - . .. . . . . . . . . . .- - . , . :--;.->-- ,', : : , .


7/17

7. Acts of Trustee Committee not to be nvalidated by vawcy,d e f e a ek-No act done or 'nop d g aken by or under this Act by theTrust&Committee shallbe invalidated merelyby m n f-

(a) atry vacancy or defect in thewnstitutionof the Committw; or(b) any defect or ~ ~ t yn the nominaJjon of my person as amember the&, or(c) any defect or irregularity inmch act or p r m d i u g not affectingthemerits of the case.8. Vesting and application of Punk-The Fund shall ve.$ in, andbe held and applied by, the'TmteeCommittee subject to the prwisions, and forthe purposes,'ofhisACL9. Functioas of Tni* Committm-(l) The TrusteeCommittee shall administerthe Fmd. ' , '

i . (2) ' In tho admhismtion of the Fund, the.TrusteeConimittee'a,,*bj% the provisionsof thisAct, and the rulesmade thereunder- , - ,, .

(a) hold the &o&ts and assets belonging to the Fund n(b) receive appliwtiors for admission or readmission to -the'Fund

, and dispose of such applications within ninety days from thedate of receipt thereof,-a , . ' .. .

) receive appLicatio& from tbe members of the 'Fund., heirnominees or legal h irs , as the case may be, f o r payment out ofthe Fund, andmnduct such q u h y as it deem necessary for the

,,. ' disposal of such applimtions' ahd dispose of the applicationswithin ninety days from th e date ofreceipt thereof; * '(d) ' record in thc minutes book of the ,Trustee Committee, it s

decisio& di! he appliwtions; ' - ' . .-(e) ' pay to the applicants amounts at th e rates qec&d in the

b .. , S c h d e ;(0 send such peridids and a h d eports, as may be p m ito theGovk e n tand theB g ouuciI;. . . . . ., .Ig) communicate to the applicants, by post under ~ceHcate fpasling, the deoisions of the Tmsfee Committee in of-

' - ' - 'appliciitionsfor admission or %-adhissionto he Fund or claimsto tbehat of the~un'd; , . ,. . . . .


8/17

@) appoint mchoEccrs and m t s s it rmy think necessary forc;arrying out the purposes of this Act on such terms andanditionsas may beprescribed; and(i ) do such other a d s are, or may be, required'to be done by it 7under this Act and he nrla made thereunder.10. Power to give directions.-The Bar Council or the TrusteeCommittee mq give to the Advocatq Association or Bar Association suchdirections as, in its opinion, are necessary or w e n t or cartying out the

purposesof his Act.11. Funds, borrowing and investments.-(1) The TrusteeCommitteeky,ith the prior approval of the Gavernment and the Bar Cauyil ,borrow, h m ime to time, any sum r e q m or carryingout the purposes-ofihisAct.(2) The Trustee Comm i t t ~ hall deposit all moneys and &$itsforming part of the Fund in any Scbeduld Bmk or invest the same in a q units

issued by the Unit T m f India or in any National SavingsC&.6ates issued by -(any Postmce or in loans floated try any corpotatioxl o wm i or controtledby the ICentralGovernment or the State Governmentor insecurities or in loans floated byihe Central Government or the State Gwcrnment or in any other manner as the iBar Cound may, from time to time, direct with the prior appmval of the~ove&en t

(3) All amounts due and payable under thisAct and all expenditurerelated to the managementand administrationof the Fund shall be paid out of theFund.

(4 ) The acmuntsofthe Trustee ~ommittee'shalle audited annually . . . .by aChmered Aocomtantqprovcd by the Bar Council. . . . . .( 5 ) The amuats of the Trustee Committee as ceMed by theauditor, together with the audit report thereon, shall be forwarded to the BarCouncil and thc Governmentby the Trustee Committee and the Bar Council mayime suchMans as it deems fit,to he TnrsteeCommitteein respectacreof.

I9 . '(6) The Trustee Committee shall comply with the'direction~ssued ,-by theB& CounciI mdm M a n 5) . . . . . . . . . .. . . .......... . . . . . . . . . . ............- , , .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .- - - - . . -. . , .. . . . . . . .. - ,. . . . . . . . . . . . . . . . . . .. - . .. . . . . . . . . -12. Powers an d duties of Secretary.-The Secretary of the Trustee -- .. .-Commi.?&~hall-

(a ) be' the chief e x b e authoriw af Trustee Cammittee andrespom'blefor carryingout its decisions;


9/17

(b) represent the Trustee Committee in al l suits and pmcdhg sfar and against the TrusteeCommittee;(c) authenticate by his signature all decisions and instructions of thet-..

\ Trust= Commiltec;(dl operate the bank atcountsof he Trustce Committee jointly wiihtheChairman or his nominee;(e) convene meetings of .the Trustee Commjttee and prepare itsminutes; ,(f) attend the meeling of tbe Trustee Committee: with aU tbenece suy m r d s and information;(g) maintain such forms, registers and other records as may bepkcribed from time to t ime and do all correspondence relating

to tbeTrustee Committee;? -. @) prepare an annual statement of business mmacted by theTrust- Commitfee during mchhnantialyear,

(i) inspectand verify periodically th e accounts and registers of theBar Asscciationsregarding the sale OF stamps and othermattersconnected therewith, and

) do such orher acts as -maybe directed by -theTrustee Committeeand iheBar Council.13. ' -Transferuf cedain money to the Fund.-The Bar Council

shall pay to the Fund annually an amount equal to ten per cent of the enrolmentfees realisedby Jt .14. ,Recognition and registration of Bar Asmciations,-(l) :Allassociationsof advcmtesh ow n by any name, functioning in any part of the Statemay, before a date ,to be notified or before such extended,date s may be notifid

by the Bkr 'Council in this behalf, apply to the Bar Council in such form aridmanner as may be prescribed for recognition and regimtion. Any h a t i o n ofadvccates formed after the date of commencement of this Ad may at any timethemafter likewise apply to the Bar Council for mognition aad regktmtion.(2) ' Every application for w g n i t i o n and regislration shall beaccompainedby the rula or bye-hws of the &tion, names and addresses of

the oEce-bearers of the association and an uptwhte list of th e members of theass~ationhowing the name, address, age, dale of enrolment and the ordinaryplace of practice of each member.


10/17

(3) The Bar Council may, after such enquiry as it deems necessary,remgnise th e association and i k e a ceMcate of registration in such form as may. . . . .e prescribed. .. , . .. .. . . . . . , . . . . . .,. . .

- . . - . .F . .. . - . . ... . .(4) Thedecision of theBar Council rcgardingthc ecognitionand !regismtionof a Bar Association shallbeM.15. Dutiw of Bar Associations.-(1) Every Bar Asmiation shall on

or before th e 15th April of every year, W h o the Bar Council astd the TrusteeCommittee a list of t s members as on the 3 1st March of hat year. . . . . . ,. . . . . . . . . .,:- .-. . . . . . . . . . .. - . . ., - . .- ,, ( 2 Every Bar h a t i o n shall inform th e Bar Council and Trustee ......... A . . .. . . . . ,'.. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . - .. . . ........Committeeof- . . . . . . . . . . . . : . ... ., .. . . . . . . . . . . . ,. -. ., .- . . . . . . . .. . . . . . , ., , , ,.. .. . . . . . . . . . . . . , ,

(a) . any change in its o f f i c e b r s or in its membership, incIudingadmissionsand re-admissiogs, within thirty days of such change;, . !(b) the d a t h or other cessation of practice or volunhy suspensionofpractice of ny of tsmemberswitbin thirty days b r n the date -4

ofommnce hereof; and, (c ) .such other matters as may be required by the Bar Qund from

t ime to-time. .(3) Every Advocates Association and every Bar Assaciation shallcarry..outhe directioqs given to it undq:sec;tion 10 by the Bar Council or theTrustee Committee,as the case maybe.16. Cancellation of .mo@tfon a n d . registration of BarAmciation.-Where the Advocate Association,or the Bar Aswation fails to . . . . . .. . . . . . . . . . . . . . . . .. .. . . . . . . . .. . . . . . . . . . . ... ..:.:... . , .. . . .. . . . . . . . . . . . . . . . .iscbarge any of the duties imposed under section 15, or fails to .carryput the . . . . . . . . . . . . . . . . . . . . .. , . . ., , . . .directionsgiven under section 10, the Bar Councilmay, for reasons to be recorded . . . - . .. . . . . . . . .by order, cancel the recognitiona@ regislmtionof,mchAssociation: . . . . . . . . . .. . . . . . ., . , .. .. .. . . . . . . . .. . .

' I . - - , . - - . ,. ,- .- . . ,. . , .

, ' ~ r o v i d e d k t qo ordq &lljng the recognition k d &ration of anyAdv~catesAssmiation or Bar Assmiation shall be passed unless the ~dv&tes I . -Assmiation or the Bar ,&maation has been given a m n a b l e oppomty of ,J! -wig heard. , ,- . . . . . .,. , . ,, . , .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . : - . . . : . . - .17. ~ e m b e r s h i ~of the Fund.-(]) Any advocate pracmg in or . . . .. . . . .. . . ,. , . . . .. .. . . . . . . .. . . .

, , . . .: . .More any court, b-ibunaI or authority in the State and being a member of a BarAssociationor an Advocates &sociation recognised try the Bar Council may apply. to the Trustee Committee for admission as a member ofthe Fund ,in uch form as,may be prescribed. . . . . . . , .


11/17

-. ( 2 On receipt of an application k d e r subsection (I), thk TrusieeCommittee shallmake enquiry as it doems fi l and either admit cheapplicant.totheFund or, for reasons to be recorded inwriting, reject the apphcation:, , Provided thai no order an applimtion shalt'bepassed unless theappjicant has been given an opportunity of being heard.

(3) Every appl imt shall, aIongwitJ~he application, pay, in theprescn'bcd m e r , an application fee-. ,(i ) in the wse of applicant yhq on he datc of application has

.. practised for a period of less than ten years, rupeesone hundred;and(ii) in rh e case of an applicant who, on he date of application haspractised for a period of ten yearsor more, rupees hvo hundred:Provided that when an application is rejected under sub-section (2) theapplicationfeepaid by the applicant shallbe refunded to him. , . .

1 '.

(4) Every member of he Fund shall pay an annual subscription t othe Fund on or before the 31st March of every y m t tb c following rates, namely:-?%%erehe standingof the advocate one hundred r u mat theBar is less than ten years.Where the standing of he a b a t e two hundred rupees.at theBar is ten years or more.

, ,

5 A& member of -rho Fund who fails to pay th e annualsubscription for any ye& on oi before the 31stMarch of that year shall be liable tobe removed fiom Ibc membership of the Fund .

(6) . A person removed horn thememkrshig of the Fund under s u bsection ( 5 ) may be re-admitted 10 theFmd on payment of tbeamsmwith ibe re-admissionfeeof twenty five rupees within six months from the date of removal.(7) Every member of he Fund shall, at the time ofadmission to the- membership of the Fund, make nomination c o n f d g .on one or more af hisdependents the right to reoeive, in the event of his death, any amount payable to

the member under thisAct.(8) , Ifa member of the Fund nominates more than one person undersub-section (7), he shalI specrfy in the nomination the amount or share payable toeachof the nominees.


12/17

(9 ) A membcroftheFund, may, at any t ime, a c e 1 nominationbysending a nolice inwriting to the TrusteeCommittee;provided that he shall,dongwith such notice, send a freshnomination.(10) Every memberof the Fund who bas requested th e removal af hisname from the state'roll under section 26-A of ihe Advocates Act, 1961 (2 5 of1961) or who volmtarily suqmds practice slut1 within fifteen days of suchq u e s t or suspension, intimate that fact to the Trustee Committee and if anymember of the Fund fails to do so without e c i e n t reasons, the TrusteeCommittee may reduu, in accordance with such principIes as may 5e prescribed,

the amount payable to that member under this Act18. Payment of amount on cessation of praEtia-(1) Everyadvocate who has k n member of the Fund for a period of not less than tenyears shall, on his cessation of practice, be paid an amount at !he rate spc5ed inthe Schedule:Provided that where the Trustee Committee is satistied that a member ofIhe Fund ceases to practise w i h h a perid of ten years h r n the date of his

adrmssion as memkr of the Fund as a r W t of his dealh or of any permanentphysical or mental disabdity, the Trustee Committee may pay the member of heM d r his nominee, as the case may be, an mount at the rate sp%ed in the 'Schedule.Expianalion.-The pericd during which the member of the Fund

remained suspended shall notbeconsideredfor thepurpose'ofwanting the'year of.standing., ,

(2) W e r e a memkr of th e Fund dies, Mor e receiving the amountpayable under sub-section I), bis nominee or legal heir, as the w,e may be, s t d lbe paid themountpayable to h e deceased memberof the Fund.(3) Any person removed from the membership of the Fund undersub-section ( 5 ) of s&on 17 and re-admitted lo the Fund under s u b d o n (6 )ofthat section shall not be entitld to payment of arty amomt from the Fund under

this Act during the peridbetween the date ofhis removalh m he membership ofthe Fund and the date of re-admission.

(4 ) Any member who is suspended by the Bar Council formiscunduct under thc Advocate5 Act, 1961 (25 of 1961) shall no1 be entitled topayment of any amount from the Fund under this Act for the ~ridf suchsuspension.(5 ) Every memkr or his nomince or legal heir, as rhe msc may be.shall apply forpayment out of the Fund o the TrusteeCommittee, in such form, asmay be prescribed.


13/17

. 19. Restriction on alienation, attachment ek of interest ofmembets in the Fund.--( 1) Nocwithstandhganyttungcontainedin any other lawfor the time king in force, the interest of any m e m k n the Fund,or the right ofa member of the Fmd or his nominee or Iegd heirs to receive any amount fromthe Fund, shall not be assigned, alienated or charged and shall not be liable to

. attachment undcr any decree or order ofanycourt, tribunal or other authoriry.I(2) No creditor sball be entitled to proceed against thc Fund or theinterest therein of any me*r or his nominee or Icgal heirs. dlkptanotion.-For the purpose of this section, " c r d t o r " inclads the

State, or anofficialAssignee or OfficialReceiver appointed under Ihe law relatingto insolvency for tbetimeMng in force.

20. Group Life Insurance for membem and other benefik-TheTrustee Committeemay, for thc weIfarc of the members of the Fund-(a) obtainfrom the Life Instuance Chrporation of India, policies ofGroup insurance for the memkrs of he Fund;(b) pmvide in such manner as m y e p&bed for medical andoduational facilities for the members of the Fund and theirdependents;and(c) provide for such other k ne 5Is asmy be p&bed21. Ex-gratis grant to a member of the Pund-(l) The TrusteeCommittee on an appliation snbmitted to it,.and after being sawed about thegenuineness of th e claim, may alIow ex-gratia gmntto a memberh m he Fund.-(a) in the case of hospitalisationat least for one month or involvinga major physical operation; or

I ' .

@) if he is suffering fmm tuberculosis, leprosy, paralysis, cancer.~ m ~ c s sf'mind or b m ome other serious di- ordkbil i t ies.(2) The grant so allowed under su-on (1). hall not ex& a, sumof ten t h o d upees duriag a period of e ears..22. Welfare, scheme- for 'indigent and disabled adwcah-NolwihHandinganything.cOntainedin this AcC the Trustee Committee may alwat its d i s d o n give han i ik l i l c e rom the Fund b organise weKimschemes for the indigent, disabled or other adv- who may or may not bemembcrs of bcF w d.


14/17

23. Meetings of Trngtee CaaLmittea+l) The Tntstee Commi~eeshall meet at least once in threecalendar months or more often if found necessaryto bmmct bushes under thisAct and th e rulesmade t h m d e r .

(2) One third members of the Trustee Committee shatl'fom thequorum for a meeting of the Committee., .

(3 ) The Chairman or, in his a b wm , a memkr elected fromamongst the members p w n < shall preside over the meeting of the TrusteeCommittee.

(4) Any matter coming up More a .meeting of the TrusteeCommittee shallk ecided by amajority of themembers p m n t and voting at tbemeeting and in the case of an quality of votes, the.Chairman or the memberpresidmg over the meeting shall have a castingvote.

24, Traveiliag md daily allowances to members of TrusteeCommittee-The n o n ~ c i d e m h of he Trustee Committeeshallk ntitledto be paid such tmveUing a l loance and daily allowance& are admissibIe to themembers of theBar Couw3l. . .

25. A p p W against decisions of Trustee Co~i th%-( l )Appealagainst any decision of thc TnrstecCommittee shall lie to the Bar Caucil.(2) The appeal s h d bein the pmcribed form and shall beaccompaniedby-(a) a copy of the order appealedagainst; and(b) a receipt evidencing payment of ,Wnty-fiverupees to the creditof the Bar Council any of the b ~ c h e sf the State Bank of. ,India in Ehachal Pradesh

. .( 3 ) The appeal shall be filedwithin tbirty days from the date ofreceipt of the order appealedagainst.

. (4) The decision of the Bar Council on the appeal shaU beW.26. Printing and dirtributionof Advacater Welfare F&d Stamps

-byBar Council.+) The Bar C o w shallmuse to be pr@ted and dkfriiuted .Welfare Fund Stamps-of the value of five rupees insm-bed Whachal P r a WAdvocates Werare Fund, tampsn in such design as may be prescribed.

(3) The custody of the slamps shall be with the BarOMC~ ~ .


15/17

(4) The Bar Council sMI control the distribution and sale of thestamps through the Bar hsocktiwsand Advocats Asdtions.( 5 ) The Bar Council, h e Bar Associations and Advomtes

As&arions shall keep proper accounts of the stamps in such form and in such; manner as maybe pmcr ihd.- (6) TheBar AssociationsandA w e s tions shallpurchasethe stampsh m he 3ar Cound after.payingthevalue thereof less ten per cent ofsuch value towards incidental ex- I . , ,

27. ~akalatnkao bear stamp%-( I ) Every member of the Fundshallaffix one stamp on everyd d a t n am a filed,byhim and n o vakalatnama shallbe fledbeforeanycam tribunal or authorily unless it isso stamped.

(2 ) The valuc of the stamps shall neitherk t s n a case nor becollected in anywent from the client(3). Any contxavmtion of the provisions of s u b d o n s (1) and (2) by

I , any member of the Fund shall dkntitIe him, either ig whole or in part, to theh& t sof he Fundd he TrusteeCommitte shall report such instancesIO heBarComcil for appropriateaction.

(4) Every stamp *ed on v a k a l a m filed before any Court,Tribunal or other authority s W x candled in such manner as may bepremibed.. Protection .of action taken in g o d faith-(1) No mi&promtion or other legal proc;eedings sball lie a w , ny person for anythingwhich is in good faith done or intended to be done npursuance of this Act or anyrule made t h e m d e r . . ,

(21Govcmmentby-

No suit or other legal p h g s . hall against the. or the T r u e Committee or theBar Cougcil for apy damagecausedwhich is in g w i faith done or intended to be done in pumance of

thisAct or any rule made thereunder., . 'I

29. Bar of jurisdiction of civiI C ~ ~ L - N O ivil cwrt hall &vei, . jurisdiction to settle, decide or d d ith any question or tq determineauy matterwhich is by or under thisAct r a p i d o Ix settled, decided or dealt with or to bedeterminodby the Trustee~on&ittee or the Bar Council.

30. Power to summon witnesses and take widen=-The.TrusteeCommittee and the Bar Council shall, for the pqme of any. nquj. nder thisAct, bave he same powers as are vested in a civil courtwhile m g snit underthe Code ofCivil Procedure,19-08 (5 of 1908).in respect. f the followjngmattma,namely :- - -!! a ,, . , ,


16/17

(a) enforcing the attendance of any person or examining him onoath;@) reqiringthe discovery and productionof dmunents; . . . . . .(c) reoeivingevidenceon aftidavit; and I(d) issuingcommission or the examinationof w i t n a s . 7'31. Powerto make mla-The Bar Council may, with the previousapproval of the Government, by n o ~ d o u , ake rule for the purposes of

carrying nto effect he provisionsof thisAct32. Power to amend Schedule-TheGovernmentmay, by noamtion,on the recommendation of. he Trustee Committee and having due rega~do the

awdabilityof theamount in he Fund, amend the ramm e d o theSchedule.- 33. Laying of rules ,and nofTlicalion~-Every rule made undersection 31 , and every noMalion issued under section 32, shall, as soon aspossiTble, after it is made or issued, be laid on the Table of the LegislativeAssembly and if,efore the e q h y of he session in which it is so laid or the next

e o n , thl:Assanbly makes any-modifiwtionin iny'mchru le or notihtion or -4 ,the Assembly decides that rule or the notdiation should notbe made or issued,the rule or notdication shall theraftcr have effwonly in such M e d orm orbe of no e%xt, as the case may be, so, h o m e r , that any such modBwtion oramd men t shall be without prejudice to the validity d nything previously doneunder that rule or noti6mtion.

THE SCHEDULE. ' .

' [See sections 9 (2) (e). 18 and 32130years as a memberof heFund29 years as'amember of the Fund28 years as amember of the F w d27 years as a memberof the Fund -26 y m s a memberof the Fund25 years as a member of theFund24 years as a m c m k of the Fund23 yeaisas a member of the Fund ;22 years as a memberof theFund21y e m as a member of the Fund20 years asamember of the Flind19years,asamember f t h e F d18 years-as-a e m k of the Fund17 years is- member of the Fund-16~- as a member of the ~ u d15years as a memberoftfie Fund14 years as amember of the Fund


17/17

13 years as a memberof the Fund12years as a member of th e FundI 1 years as a member of h e Fund10 years as a member of the Fund9 years as a member of the Fund. 8 years as amember of the Fund7 years as a rnember of the Fund6 years as amember of th e Fund5 years asa member of the Fund4 years as a rnember of the Fund3 y m s a mcmber of the Fund2 years as a mcmber of thc Fund...,000I years as a member of the Fund... ,000

RULESUnder

TIXE CO-OPERATIVE SOCIETIESACT, 1968THE lUMARY AGRICULTURAL CO-OPERATIVECREDiT

SO~ I ETESEMPLOYEES (TEZMS OF EMPLOYMENTAND WORKING COND1TIONS)RULES.DIRECTORATEOF CO-OPERATION, -CECAL PRADESB

ORDERShimla-l7i009. he 24th Augrcst, I996

No. 545180-Coop. C&M.).-In supersession to all theprevious orderson., the subject th e annexed rules relating to the terms of employment and workingcondilions of the employees of the Primary Agricultural C r d t Co-operativeSocieties hctioning in Wimachal Pradesh are hereby appraved under R d e 56 (i), of the Zlimachal Pradesh Cooperative Societies Rules, 1971. Thc applicationof

d', these Rules shall attract no h c i a l or other liability to the State Government inany shape. (The Hindi version of hese Rulcs is also enclosed).

h.p advocate welfare act legal

Documents