The Kerala Advocates Welfare Fund (Amendment) Act, 2001 Complete Act - Bare Act

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

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

Be it enacted in the Fifty-second year of the Republic of India, as follows: -

(1) This Act may be called the Kerala Advocates Welfare Fund (Amendment) Act, 2001.

(2) Clause (a) of section 2 of this Act shall be deemed to have come into force on the 5th day of September, 2001 and the remaining provisions of this Act shall be deemed to have come into force on the 22nd day of November, 2000.

In section 15 of the Kerala Advocates Welfare Fund Act, 1980 (21 of 1980) (hereinafter referred to as the principal Act), -

(a) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) A person enrolled as an Advocate after retirement from the service of Central or any State Government or any public or private sector undertakings shall not be admitted as a member of the Fund if such person is eligible for or availed of any kind of retirement benefits from such Government or public or private sector undertakings.";

(b) for sub-section (5), the following sub-section shall be substituted, namely:-

(5) Every member shall pay an annual subscription to the Fund on or before 30th June of every year at the following rates, namely: -

(i) Where the standing of the Advocate at the Bar two hundred rupees is less than five years

(ii) Where the standing of the Advocate at the Bar five hundred rupees is five years and more but less than ten years

(iii) Where the standing of the Advocate at the Bar one thousand rupees is ten years and more but less than fifteen years

(iv) Where the standing of the Advocate at the Bar one thousand and is fifteen years and more five hundred rupees:

Provided that an advocate designated as Senior Advocate under the Advocates Act, 1961 (Central Act 25 of 1961), shall pay an annual subscription at the rate of three thousand rupees..

In section 16 of the principal Act, after sub-section(2), the following sub-section shall be inserted, namely: -

(2A) Notwithstanding anything contained in sub-section (2), in the event of death of a member while in active practice and before attaining the age of fifty-five years, his nominee or where there is no such nominee his legal heirs, as the case may be, shall be entitled to receive from out of the Fund an amount at the rate specified in the Schedule or an amount of two lakhs rupees whichever is higher..

In section 23 of the principal Act, in sub-section (1),-

(a) after the words "an advocate", the words "who is a member of the Fund" shall be inserted;

(b) for the words ten rupees and five rupees, the words fifteen rupees and ten rupees shall, respectively, be substituted.

For the schedule to the principle Act, the following Schedule shall be substituted, namely:-

(1) The Kerala Advocates Welfare Fund (Amendment) Ordinance,2001 (33 of 2001), is hereby repealed.

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