The Advocates Fund Act, 2001

(1) This Act may be called the Advocates' WelfareFund Act, 2001. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification, appoint;and different dates may be appointed for different provisions of this Act and for different States, and anyreference in any such provision to the commencement of this Act shall be construed in relation to anyState as a reference to the coming into force of that provision in that State.

In this Act, unless the context otherwise requires, (a) "advocate" means an advocate whose name has been entered in the State roll prepared andmaintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and whois a member of a State Bar Association or State Advocates' Association; (b) "appropriate Government" means, (i) in the case of advocates admitted on the roll of a Bar Council of a State, the StateGovernment; (ii) in the case of advocates admitted on the roll of a Bar Council of a Union territory, theCentral Government; (c) "cessation of practice" means removal of the name of an advocate from the State roll undersection 26A of the Advocates Act, 1961 (25 of 1961); (d) "Chairperson" means the Chairperson of the Trustee Committee referred to in clause (a) ofsub-section (3) of section 4; (e) "chartered accountant" means a chartered accountant as defined in clause (b) ofsub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who hasobtained a certificate of practice under sub-section (1) of section 6 of that Act; (f) "dependants" means the spouse, parents or minor children of a member of the Fund; (g) "Fund" means the Advocates' Welfare Fund constituted under sub-section (1) of section 3; (h) "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act,1938 (4 of 1938); (i) "member of the Fund" means an advocate admitted to the benefits of the Fund and whocontinues to be a member thereof under the provisions of this Act; (j) "notification" means a notification published in the Official Gazette of the appropriateGovernment and the expression "notified" shall be construed accordingly; (k) "prescribed" means prescribed by rules made under this Act; (l) "Schedule" means a Schedule to this Act; (m) "scheduled bank" shall have the meaning assigned to it in clause (e) of section 2 of theReserve Bank of India Act, 1934 (2 of 1934); (n) "stamp" means the Advocates' Welfare Fund Stamp printed and distributed undersection 26; (o) "State" means a State specified in the First Schedule to the Constitution and shall include aUnion territory; (p) "State Advocates' Association" means an association of advocates in a State recognised bythe Bar Council of that State under section 16; (q) "State Bar Association" means an association of advocates recognised by the Bar Council ofthat State under section 16; (r) "State Bar Council" means a Bar Council referred to in section 3 of the Advocates Act, 1961(25 of 1961); (s) "suspension of practice" means voluntary suspension of practice as an advocate or suspensionof an advocate by a State Bar Council for misconduct; (t) "Trustee Committee" means the Advocates' Welfare Fund Trustee Committee establishedunder sub-section (1) of section 4; (u) "Vakalatnama" includes memorandum of appearance or any other document by which anadvocate is empowered to appear or plead before any court, tribunal or other authority; (v) words and expressions used and not defined in this Act but defined in the Advocates Act,1961 (25 of 1961) shall have the meanings respectively assigned to them in that Act.

(1) The appropriate Government shall constitute a fund to be calledthe "Advocates' Welfare Fund". (2) There shall be credited to the Fund (a) all amounts paid by a State Bar Council under section 15; (b) any other contribution made by a State Bar Council; (c) any voluntary donation or contribution made to the Fund by the Bar Council of India, anyState Bar Association, any State Advocates Association or other association or institution, or anyadvocate or other person; (d) any grant which may be made by the Central Government or a State Government to the Fundafter due appropriation made in this behalf; (e) any sums borrowed under section 12; (f) all sums collected under section 18; (g) all sums received from the Life Insurance Corporation of India or any other insurer on thedeath of any member of the Fund under any Group Insurance Policy; (h) any profit or dividend or refund received from the Life Insurance Corporation of India or anyother insurer in respect of policies of Group Insurance of the members of the Fund; (i) any interest or dividend or other return on any investment made out of any part of the Fund; (j) all sums collected by way of sale of stamps under section 26. (3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at suchintervals and in such manner, as may be prescribed.

(1) With effect from such date as the appropriateGovernment may, by notification, appoint in this behalf, there shall be established a Trustee Committee tobe called the "Advocates' Welfare Fund Trustee Committee". (2) The Trustee Committee shall be a body corporate having perpetual succession and a common sealwith power to acquire, hold and dispose of property and shall, by the said name, sue and be sued. (3) The Trustee Committee shall consist of (a) the Advocate-General of a State - Chairperson, ex officio: Provided that where there is no Advocate-General of a State, the appropriate Government shallnominate a senior advocate to be a chairperson; (b) the Secretary to the appropriate Government inits Law Department or Ministry- Member, ex officio; (c) the Secretary to the appropriate Government inits Home Department or Ministry- Member, ex officio; (d) the Chairman of the State Bar Council - Member, ex officio; (e) the Government Pleader or the PublicProsecutor, as may be nominated by theappropriate Government- Member; (f) two advocates to be nominated by the State BarCouncil- Member; (g) the Secretary of the State Bar Council - Secretary, ex officio. (4) The Chairperson nominated under the proviso to clause (a) of sub-section (3) shall hold office fora period not exceeding three years from the date on which he enters upon his office. (5) Every Member of the Trustee Committee nominated under clause (e) or clause (f) ofsub-section (3) shall hold office for a period not exceeding three years from the date on which he entersupon his office.

(1) Theappropriate Government shall remove from office the Chairperson or any Member of the TrusteeCommittee, who (a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as the Chairperson or a Member of theTrustee Committee; or (c) has been convicted of an offence which, in the opinion of the appropriate Government,involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions asthe Chairperson or a Member of the Trustee Committee; or (e) has so abused his position as to render his continuation in office detrimental to the publicinterest; or (f) is, or at any time has been, absent without leave of the Trustee Committee for more than threeconsecutive meetings of the Trustee Committee: Provided that the Trustee Committee may, on sufficient ground, condone the absence of suchChairperson or Member. (2) No such Chairperson or Member of the Trustee Committee shall be removed under clause (d) orclause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard.