Bar Council of Kerala

Kerala Advocates Welfare Fund

Membership in the Fund


(1) Every advocate practicing in any court in the State and being a member of a Bar Association recognised by the Bar Council any apply to the Trustee Committee for admission as a member of the Fund in such from as May be prescribed.

24[(1A) A Advocate is eligible for or availed of any kind of retirement for the service under Central or any State Government or any public or private sector undertakings shall not be admitted as a member of the Fund or permitted to resume membership in the fund.]

25[(1B) A person who recieved retirement benefits from the fund shall not be rc-admitted as member to the fund.]

(2) On receipt of an application under sub section (1), the Trustee Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or for reasons to be recorded in writing reject the application;
Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard.
(3) 26[An Advocate applying for membership to the Fund shall pay a sum of Rupees 27(five hundred) towards admission fee along with the application in such manner as may be prescribed to the account of the Trustee Committee].
(4) 28[In the event of rejection of an application, the admission fee paid along with the application shall be refunded to the applicant.]

Yearly subscription fee calculation​

  • Advocates subscription fee is calculated based on the number of years from the enrolment date with Bar Council​
  • Every year June 30 is the last date to make subscription payment for that financial year, without fine.​
  • Advocate must pay subscription fee to the welfare fund before June 30th, through the advocate portal​
  • If the subscription fee is not completed on or before June 30, late fee will be imposed, which is 12% interest per annum or 1% per month will be imposed on the advocate based on the number of months the subscription payment is delayed​
  • Subscription fee is calculated based on the slabs mentioned below. The subscription slab is verified based on the standing at the BAR years of the advocate​
  • Respective BAR association must authorize the subscription payment of the advocates from the BAR association portal​
  • BAR association can authorize/approve individual record/multiple/ bulk records​
  • Only after the approval by the BAR association, the subscription payment process is marked as complete for the advocate​
  • Upon BAR association approval, advocates can download the subscription fee payment receipt from the advocate portal​
  • Subscription cannot be marked complete without the approval by the BAR association. In such instance, neither the payment collected from the advocate will be recorded against the subscription fee payment, nor the payment will be refunded to the advocate.​
  • Up to 1992 ( started in 1981)​

Below 5 years 

Nil

5 to 15 years 

Rs 50

15 or above

Rs. 100

  • 1993 – 1995

Below 5 years 

Nil

5 to 15 years 

Rs 100

15 or above

Rs. 200

  • Amendment 21.08.1995

Below 5 years 

Nil

5 to 15 years 

Rs 250

15 or above

Rs. 500

Designated seniors​

Rs. 1500​

  • Amendment 10.6.2008​

Below 5 years 

Rs. 300

5 to 10 years 

Rs 750

10 to 15 years

Rs. 1500

15 to 20 years

Rs. 2000

20 to 25 years

Rs. 2500

25 or above

Rs. 3000

Designated Seniors

Rs. 5000

Admission fee

Rs. 500

  • Amendment 22.11.2000​

Below 5 years 

Rs. 200

5 to 10 years 

Rs 500

10 to 15 years

Rs. 1000

15 or above

Rs. 1500

Designated Seniors

Rs. 3000

  • Amendment 23.11.2016

Year slab

Amount per annum

Below 5 years 

Rs. 500

5 to 10 years 

Rs 1000

10 to 15 years

Rs. 2000

15 to 20 years

Rs. 2500

20 to 25 years

Rs. 3000

25 to 30 years

Rs. 3500

30 or above

Rs. 4000

Designated Seniors

Rs. 6000

A member may at any time cancel a nomination by sending a notice in writing to the Trustee Committee provided that a member shall along with such notice send a fresh nomination.

Every member who voluntarily suspends practice or retires shall , within fifteen days of such suspension or retirement intimate that fact to the Trustee Committee and if any member fails to do so without sufficient reasons the Trustee Committee may reduce in accordance with such principles as may be prescribed the amount due to that member.

 

In terms of Section 15(5) of the K.A.W.F. Act, 1980, members are bound to remit annual subscription to the fund on or before the 30th June at the following rates, viz.:-

(i)Where the standing of the Advocates at the bar is less than five years (Those who enrolled on or after 1.7.2013).500 Rupees
(ii)Where the standing of the Advocate at the Bar is five years and more, but less than ten years(Those who enrolled on or before 30/06/2013 but after 1.7.2008).1000Rupees
(iii)Where the standing of the Advocate at the Bar is ten years and more, but less than fifteen years (Those who enrolled on or before 30/06/2008 but after 1.7.2003).2000 Rupees
(iv)Where the standing of the Advocate at the Bar is fifteen years and more but less than twenty years (Those who enrolled on or before 30/06/2003 but after 1.7.1998).2,500 Rupees
(v)Where the standing of the Advocate at the Bar is twenty years and more but less than twenty five years. Those who enrolled on or before 30/06/1998 but after 1.7.1993)3,000 Rupees
(v)Where the standing of the Advocate at the Bar is twenty five  years and more but less than thirty years (Those who enrolled on or before 30/06/1993 but after 1.7.1988)3,500 Rupees
(vi)Where the standing of the Advocate at the Bar is thirty years or more (Those who enrolled on or before 30/06/1988).4,000 Rupees
(vii)Members designated as Senior Advocate under the Advocates’ Act 1961.6,000 Rupees

Section 16. PAYMENT FROM THE FUND ON CESSATION PRACTICE

1(1) A member of the Fund shall on Cessation of Practice on completion of fifteen years of continuous membership in the Fund be entitled to receive from and out of the Fund an amount at the rate of rupees twenty five thousand² for every completed actual years of practice subject to a maximum amount of Rupees ten lakhs³ in aggregate:

Provided that a member who opts voluntary retirement other than due to permanent disablement before the completion of the fifteen years of continuous membership in the Fund shall be entitled to receive the aggregate of this subscription remitted by him to the Fund with interest at the rate of six percentage thereof.

Provided further that a member who opts cessation due to permanent disablement before attaining the age of fifty-five years shall be entitled to receive from and out of the Fund an amount of rupees one lakh in aggregate or at the rate specified in sub-Section (1) whichever is higher.

(1A) Notwithstanding anything contained in sub-section (1) or any judgment decree or order of any court tribunal or other authority a member on cessation of his practice on or before 2nd day of March, 1993 shall be entitled to receive from out of the Fund an amount calculated at the rate of one thousand rupees for every completed year of practice for the period up to 5th May, 1989 and at the rate of two thousand rupees for every completed year of practice for the remaining period.]

4In the event of death of a member while in actual practice his nominee or where there is no such nominee his legal heirs, as the case may be, shall be entitled to receive from and out of the Fund an amount of three lakh rupees or at the rates specified in sub-Section (1) for every completed year of practice with the maximum aggregate amount of ten lakhs5 rupees whichever is higher.

6[(2A) XXX.]

7[(3)XXX]

8[(4) For calculating the period of completed years of practice for the purpose of payment

i. under sub-Section (1) and (2), every two years of practice at the Bar prior to the commencement of the Kerala Advocates’ Welfare Fund Act, 1980 ( i.e. 5.4.1981) and

ii. under sub-section (1A) every four years of practice at the bar before the admission of a member to the fund shall be computed as one year of practice; and added on to the number of years of practice after such admission.

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

9[Provided further that in the case of person ………period of practice counted for retirement benefit or other service benefits therein, if any shall not be taken into account XXX]

Provided also that in the case of persons who does not apply to become a member of the fund within six months from the commencement of the Kerala Advocates Welfare Fund (Amendment) Act, 1995 within six months of his enrollment as Advocate, as the case may be the period of practice if any before admission of such person to the Fund shall not be taken into account]

(5) [ xxx in the case of a member who dies within five years of admission . . . .] 10

[5(A) 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 form 5th day of April, 1981 and ending with 5th day of May,1989, [two thousand rupees per year of practice form the 6th day of May,1989,till the date proceeding the date of commencement of Kerala Advocates Welfare Fund (Amendment) Act,1993 and thereafter at the rate of three thousand one hundred and twenty five rupees per year of practice provided the deceased was otherwise eligible to be admitted as member of the Fund but for his death.]11

(6) An application for payment from the fund shall be preferred to the Trustee Committee in such form as may be prescribed.

(7) An application received under sub-section (6) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.

[(8) A person who had availed the entire welfare fund benefits on cessation of practice and thereafter remitted the said amount with interest in the Welfare Fund as per item (a) of Rule 4 of Chapter 5 of the Bar Council of Kerala Rules, shall be eligible for refund of the amount received from and out of the Fund with six percent interest from the date of remittance on his removal from the roll of the Bar Council of Kerala.

Provided that in the event of death of the remitter the amount shall be paid to the nominee or where there is no nominee to his legal heirs”] 12

 

53[Every vakalath filed by an advocate 54[ xxx] shall in addition to the court fee stamps affixed thereon be affixed with the welfare fund stamp of the value of 55[twenty five rupees] in the case of vakalath filed before the High Court and of the value of 56[fifteen rupees] in the case of vakalath filed before subordinate courts, tribunals and other authorities ands no vakalath shall be valued unless it is so stamped.

Provided that nothing contained in this sub-section shall apply in respect of any memorandum of appearance filed by an Advocate appearing on behalf of the Government

Explanation:- If three or more Advocates jointly appear by single Vakalath the maximum number of stamps that may be affixed thereon shall be three].

57[Provided furtherthat no court, Tribunal or other Authority shall recieve any vakalath filed by any Advocate unless it is so stamped, and that any person found to be responsible for causing loss to the Fund may be held liable for making good such loss.]

(2) The value of stamp shall neither be costs in the case nor be collected in any event from the client.

(3) Any contravention of the provisions of sub section (2) by any member shall disentitle him to the benefits of the Fund and the Trustee Committee shall report such instances to the Bar Council for appropriate action.