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Membership in the Fund:
23a [(1) | Any practising Advocate in any court in the State may apply to the Trustee Committee for admission as a member of the Fund in such form, as may be prescribed];
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24 [(1A) | No person enrolled as an Advocate after retirement from an employment shall be admitted as a member of the Fund if such person is eligible for or availed himself of any kind of retirement benefit from such employment:
Provided that this sub-section shall not be applicable to a person who was in employment fora period not exceeding five years or if the pension does not exceed five thousand rupees per month];
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25 [(1B) | A person who received retirement benefit from the Fund shall not be re-admitted as member of the Fund.]
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25 [(1C) | A member of the Fund who is removed from the list of practising Advocates published and maintained by the Bar Council shall not be entitled to continue as a member of the Fund and during such period such Advocates whose name is included in the list of non-practising Advocates maintained by the Bar Council shall be deemed to have been suspended from the Fund.
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(1D) | An Advocate who is included in the list of non-practising Advocates published and maintained by the Bar Council shall be entitled to continue as member of the Fund on inclusion of his name in the list of practising Advocates maintained by the Bar Council and shall be entitled to continue is membership in the Fund.
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(1E) | An Advocate who has not joined the Fund may apply to the Trustee Committee for admission as a member of the Fund in such form, as may be prescribed, on payment of the annual subscription payable corresponding to the period of practice at the time of such Advocates’ Welfare Fund Act, 1980 admission multiplied by his actual practice years of together with a fine of rupees 2,000 for every completed year of actual practice:
Provided that such member shall not be eligible to claim amount from the und any on voluntary cessation of practice within a period of ten years from the date of such admission to the Fund:
Provided further that an Advocate who has been admitted to the Fund under sub-section (1E) shall be eligible to claim only up to ten years of his previous actual practice.]
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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.
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(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.]
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(4) | 28[In the event of rejection of an application, the admission fee paid along with the application shall be refunded to the applicant.]
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29[(5) | Every member of the Fund shall pay an annual subscription to the Fund on or before the 30th June of every year at the following rates, namely: –
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i. Where the standing of the Advocate at the Bar is less than five years | Five hundred rupees |
ii. Where the standing of the Advocate at the Bar is five years and more but less than ten years | One thousand rupees |
Yearly subscription fee calculation
Below 5 years | Nil |
5 to 15 years | Rs 50 |
15 or above | Rs. 100 |
Below 5 years | Nil |
5 to 15 years | Rs 100 |
15 or above | Rs. 200 |
Below 5 years | Nil |
5 to 15 years | Rs 250 |
15 or above | Rs. 500 |
Designated seniors | Rs. 1500 |
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 |
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 |
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
Printing and distribution of stamps by Bar Council
(1) | The Bar Council shall cause to be printed and distributed welfare fund stamps of the value of 31[five rupees and ten rupees] with Bar Council Emblem and its value inscribed thereon.
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32[(2) | The stamps shall be of such size and colour as may be decided by the Bar Council from time to time.]
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(3) | The Custody of the stamps shall be with the Bar Council.
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(4) | The Bar Council shall control the distribution and sale of stamps through Bar Associations.
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(5) | The Bar Council and the Bar Association shall keep proper accounts of the stamp in such form and in such manner as may be prescribed.
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(6) | The Bar Association shall purchase the stamps from the Bar Council after paying the value thereof less ten percent of such value towards incidental expenses.
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(7) | Every stamp affixed on vakalaths filed before any court tribunal or other authority shall be cancelled in the manner provided in the Kerala Court Fees and Suits Valuation Act, 1959(10 of 1960).
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Vakalath to bear stamps
(1) | 33 [Every vakalath filed by an advocate 34[ who is a member of the fund] shall in addition to the court fee stamps affixed thereon, be affixed with the welfare fund stamp of the value of 35[fifteen rupees] in the case of vakalath filed before the High Court and of the value of 36[ten rupees] in the case of vakalath filed before subordinate courts, tribunals and other authorities and no vakalath shall be valued unless it is so stamped.
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