PUNJAB ADVOCATES BENEVOLENT FUND (AMENDMENT) RULES, 1988

PUNJAB ADVOCATES BENEVOLENT FUND (AMENDMENT) RULES, 1988

[Gazette of Punjab, Part II, 22nd April, 1987]

No. 1743 Pb. B.C., dated 22‑3‑1987.‑‑Whereas it is expedient to amend the (Punjab) Advocates Benevolent Fund Rules, 1974, therefore, the Punjab Bar Council in exercise of the powers conferred on it by Section 56(f) of the Legal Practitioners and Bar Councils Act, 1973, read with Section 62 of the said Act, hereby, makes the following amended Rules:

CHAPTER I‑‑Preliminary

1.1. These Rules shall be called the Punjab Advocates Benevolent Fund (Amendment) Rules, 1986.

1.2. These Rules shall come into force at once.

CHAPTER II‑Constitution of the Fund

2.2 There shall be constituted a Benevolent Fund (hereinafter called the Fund), comprising as under:

(a) Advocates (Security) Benevolent Fund (hereinafter called the Security Fund); and

(b) Advocates (Relief) Benevolent Fund (hereinafter called the Relief Fund).

2.3. Every advocate borne on the Rolls of the Punjab Bar Council or an applicant for being enrolled as an Advocate, shall make contribution of Rs.2,000/‑, to the Fund:

Provided that an advocate who has attained the age of 65 years, shall contribute Rs.50/‑ annually.

Provided that an applicant for being enrolled as an advocate, who at the time of his enrolment is not above the age of 30 years or an advocate who is not above the age of 30 years, shall pay an additional contribution of Rs.500/‑, to the Fund.

Provided further that‑

(i) An applicant for being enrolled as an advocate, who is between the age of 40 and 50 years, shall pay Rs.3,000/‑, to the Fund;

(ii) an applicant for being enrolled as an advocate, who is between the age of 50 and 65 years, shall pay Rs.4000/‑, to the Fund;

(iii) an advocate who has already made a lump sum contribution to the Fund, shall pay an additional sum of Rs.1,000/‑, and

(iv) an advocate who is making annual contribution and is not a defaulter, may continue to make such contribution by 31st of January of the calendar year for which the contribution is being made, or at any time he may deposit Rs.2,000/‑,

"2.4. If an advocate does not make annual contribution by the prescribed date he shall cease to be a member of the Fund. He shall then become a memeber of the Fund on payment of Rs.2,000.

"2.5. Out of annual income accrued from the investments of the Fund, and the annual contributions received, 6/7th shall:. be allocated to the Security Fund and the remaining 1/7th and the annual contributions received from the Advocates who have attained the age of 65, shall be allocated to the Relief Fund."

CHAPTER IV‑Advocates (Security) Benevolent Fund

"4.1. If an advocate, before attaining the age of 65 years

rains ‑ is tjnnls»nd b„ *hu mnrlinsl s„*hnni*~ nnnnin*nd by the Bar

Council to have been permanently incapacitated physically or mentally to discharge his professional duties, he or his family or his nominee

' under Chapter VI, as the case may be, shall subject to Rule 4.2,

make a claim in writing to be paid a sum of Rs.60,000/, out of the Security Fund; provided that‑

(1) (a) Rs.40,000/‑, will be paid to that advocate who fails to make the additional contribution of Rs.1,000/‑, under paragraph (ii) of second proviso to rule 2.2;

(b) Rs.35,000/‑, in case of that advocate who makes annual contribution; and

(c) an advocate who has made additional contribution of Rs.500/‑, to the Fund under proviso to Rule 2.2, shall be paid Rs.60,000/‑, from the security fund on completion of the age of 65 years; or in the event of his death before the completion of the age of 65 years, his nominee or his family shall be paid Rs.60,000/‑, on

ii

the date on which he would have attained the age of 65 years;

(ii) the payment out of the Security Fund under sub‑rule (i) shall be made on the production of the medical certificate in case of permanent incapacitation or the death certificate, attested by a Member of the Bar Council of the concerned District or by the President of the Bar Association of the place where the deceased was ordinarily practising;

(iii) an advocate who fails to make contribution or has committed default within the meaning of rule 2.2, shall not be entitled to any claim payable under the Rules; and

(iv) an advocate, who is a member of the Fund, and has made the full contribution under Rule 2.2, shall be paid Rs.5,000/‑, on attaining the age of 65 years."

"4.2. An ad hoc payment of Rs..5,000/., may be made within one month of the lodging of the claim. Final payment shall be made by March 31st of the ensuing year:

Provided that if in any year the number of claims under Rule 4.1, is such that the sum payable under Rule 4.1, cannot be paid out of the security fund in the year to which the claim relates, the final amount to be paid shall be determined by the process of ratable distribution

Provided further that if an advocate has received payment on account of incapacity, his family or nominee shall not be entitled to further payment on account of death."