Kerala Advocates Welware Fund (Amendment) Act, 1989 Complete Act - Bare Act

An Act further to amend the Kerala Advocates' Welfare Fund Act, 1980.

Preamble.--WHEREAS it is expedient further to amend the Kerala Advocates' Welfare Fund Act, 1980 for the purposes hereinafter appearing;

BE it enacted in the Fortieth Year of the Republic of India as follows:--

1. Short title and commencement.--(1) This Act may be called the Kerala Advocates' Welfare Fund (Amendment) Act, 1989.

(2) Clause (b) of section 4 and clause (d) of section 7 shall be deemed to have come into force on the 5th day of April,1981, and the remaining provisions of this Act shall be deemed to have come into force on the 6th day of May, 1989.

2. Amendment of section 2.--In clause (e) of section 2 of the Kerala Advocates' Welfare Fund Act, 1980 (21 of 1980) (hereinafter referred to as the principal Act), for the words "unmarried minor children" the words "sons and daughters" shall be substituted.

3. Amendment of section 4.--In sub-section (3) of section 4 of the principal Act,--

(i) in clause (d), for the words "two members", the words "three members" shall be substituted.

(ii) after clause (f), the following clause shall be inserted, namely:-

"(g) the President of the Kerala Bar Federation, ex-officio."

4. Amendment of section 13.--In section 13 of the principal Act,--

(a) in sub-section (1), the words " before a date to be notified by the Bar Council in this behalf ", shall be omitted;

(b) to sub-section (3), the following proviso shall be added, namely :-

" Provided that where there are more than one association in a court centre, the Bar Council shall, for reasons to be recorded in writing, register and recognise only one association for that Centre.".

5. Insertion of new section 13A.--After section 13 of the principal Act the following section shall be inserted, namely:--

"13A. Cancellation of recognition and registration of Bar Association.--The Bar Council may, for reasons to be recorded in writing, cancel the recognition and registration granted to a Bar Association, if it fails to carry out any of the duties specified in section 14:

Provided that no order cancelling the recognition and registration shall be passed without giving the Bar Association an opportunity of being heard."

6. Amendment of section 15.--In section 15 of the principal Act,--

(a) for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) An Advocate applying for membership to the Fund shall pay a sum of rupees two hundred towards admission fee along with the application in such manner as may be prescribed, to the account of the Trustee Committee.";

(b) for sub-section (4), the following sub-section shall be substituted, namely:--

"(4) In the event of rejection of an application, the admission fee paid along with the application shall be refunded to the applicant.".

7. Amendment of section 16.--In section 16 of the principal Act,--

(a) sub-section (3) shall be omitted;

(b) to sub-section (4), the following provisos shall be added, namely:-

Provided that in computing the period of practice the period of suspension of ;practice, either voluntary or otherwise, shall be excluded:

Provided further that in the case of a person who resumes practice after being in Government Service or in any other employment, the period of practice counted for retirement benefit or other service benefits therein, if any, shall not be taken into account:

Provided also that in the case of a person who does not apply to become a member of the Fund, within six months after the commencement of the Kerala Advocates' Welfare Fund (Amendment) Ordinance, 1989 (4 of 1989), the period of practice, if any, of such person before the commencement of the said Ordinance shall not be taken into account.";

(c) in sub-section (5), for the words "one thousand rupees per year of practice."; the following shall be substituted, namely:--

"two thousand rupees per year of practice or five thousand rupees whichever is higher.";

(d) after sub-section (5), the following sub-section shall be inserted, namely:--

"(5A) Notwithstanding anything contained in this Act, where an applicant for membership in the Fund dies before he is admitted as a member of the Fund, his nominee or legal heir, as the case may be, shall be eligible to get an amount at the rate of one thousand rupees per year of practice for the period commencing from the 5th day of April, 1981 and ending with the 5th day of May, 1989 and thereafter at the rate of two thousand rupees per year of practice, provided the deceased was otherwise eligible to be admitted as a member of the Fund, but for his death.".

8. Amendment of section 21.- In clause (b) of sub- section(2) of section 21 of the principal Act, the following shall be inserted at the end, namely:-

" or its subsidiary Banks, in any Nationalised Bank or in any District Co-operative Bank or in any Scheduled Bank."

9. Amendment of section 23.- In section 23 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Every vakalath filed by an Advocate shall be affixed with a stamp in addition to the court fee stamps affixed thereon, and no vakalath shall be valid unless so stamped.

Explanation.-If two or more Advocates jointly appear by a single vakalath separatestamps shall be affixed by each of such Advocates."

10. Substitution of the Schedule.- For the Schedule to the principal Act, the following Schedule shall be substituted, namely:-

"SCHEDULE

(See sections 9 and 16)

30 Years'standing 60,000

29 ,, 58,000

28 ,, 56,000

27 ,, 54,000

26 ,, 52,000

25 ,, 50,000

24 ,, 48,000

23 ,, 46,000

22 ,, 44,000

21 ,, 42,000

20 ,, 40,000

19 ,, 38,000

18 Years'standing 36,000

17 ,, 34,000

16 ,, 32,000

15 ,, 30,000

14 ,, 28,000

13 ,, 26,000

12 ,, 24,000

11 ,, 22,000

10 ,, 20,000

9 ,, 18,000

8 ,, 16,000

7 ,, 14,000

6 ,, 12,000

5 ,, 10,000.".

11. Repeal and saving.- (1) The Kerala Advocates' Welfare Fund (Amendment) Ordinance,1989 (4 of 1989), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.