PUNJAB ADVOCATES GRATUITY FUND RULES, 1988

PUNJAB ADVOCATES GRATUITY FUND RULES, 1988

[Gazette of Punjab, Part III, dated 22nd April 1987]

No.1744 Pb.B.C. dated 23‑3‑1987.‑‑Whereas it is expedient to constitute and establish a fund, to be called the Gratuity Fund for the common benefit of the Punjab Advocates and to provide for subscription thereto, and for the manner of its management, and regulation. Now, therefore, the Punjab Bar Council, in exercise of the powers conferred under Section 56 (f) of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), read with Section 62 of the said Act, hereby makes the following rules.‑

CHAPTER I‑‑Preliminary

1.These rules shall be called the Punjab Advocates Gratuity Fund Rules, 1986.

2. These rules shall come into force at once.

3. In these rules, unless, there is anything repugnant in the subject or context‑

(a) "Act", means the Legal Practitioners and Bar Councils Act, 1973, (XXXV of 1973);

(b) "Advocate", means an advocate whose name is borne on the rolls of the Punjab Bar Council, and the register maintained under these rules;

(c) "Bar Council," means the Punjab Bar Council;

(d) "Committee," means the Gratuity Fund Committee;

(e) "Chairman," means the Chairman of the Gratuity Fund Committee;

(f) "Contribution," means contribution, as provided under these rules;

(g) "Form," means the form appended to these Rules;

(h) "Rules," means the Punjab Advocates Gratuity Rules; and

(i) "Vice‑Chairman," means the Vice‑Chairman of the Bar Council.

4. The terms, words and phrases not .defined herein shall, wherever the context so permits, have the same meaning as is assigned to them under the Act.

CHAPTER II‑‑Constitution of the Fund

5. There shall be constituted a fund, hereinafter, referred to as the Gratuity Fund.

6. Every advocate borne on the rolls of the Punjab Bar Council shall make contribution to the Gratuity Fund in the following manner:

(i) an advocate below the age of 30 years, shall pay Rs.2,000, or Rs.4,000, in lump sum;

(ii) an advocate above the age of 30 years, shall pay Rs.4,000/‑, or Rs,8,000/‑, in lump sum; and

(iii) an advocate may at any age contribute Rs.13,000/‑,

7. To the Gratuity Fund shall be placed‑

(a) all sums paid by the advocates as contribution to the Fund; and

(b) all grants made by the Federal or Provincial Governments, autonomous bodies, organizations or other authorities and the donations made by the Advocates in addition to their contributions.

8. The amount credited to the Fund, shall be utilized for payment of the amounts under the Rules, meeting the expenditure incurred

by the Bar Council and the Committee for management of the Fund, the purpose authorised by the Act and the Rules, and other payments and expenses authorised by the Bar Council.

CHAPTER III‑‑Accounts and Audit

9. The Fund shall be managed by the Committee which shall

function under the supervision and control of the Bar Council.

10. The accounts of the gratuity fund, shall be separately

maintained in a cash book to be maintained in the manner provided by the (Pb.) Legal Practitioners and Bar Council Rules, 1974.

11. The Fund shall be kept in such bank or invested in such securities or in such other manner as may be approved by the Bar Council.

12. The bank account shall be operated by the Vice‑Chairman and the Chairman of the Committee, jointly, or by such other person as the Bar Council may authorise.

13. The accounts shall be audited in a manner prescribed by the Legal Practitioners and Bar Council Rules, 1974.

14. The audited annual statements of Accounts of the Fund shall be laid before the first meeting of the Bar Council held after 1^st March of every year; provided that the Bar Council may examine the Accounts  at any time it deems fit. A summary of such statement may be sent to every recognized Bar Association in the Punjab.

CHAPTER IV‑Gratuity Fund

15. An Advocate, who has made contribution to the Gratuity Fund shall be entitled to the following payments:

(i) an advocate, who makes contribution of Rs.2000/‑, below the age of 30 years, shall be paid rupees one lakh on completion of 30 years from the date of payment of such contribution;

(ii) an advocate who makes the contribution of Rs.4000/‑, above the age of 30 years shall be paid rupees one lakh on completion of 25 years from the date of payments of such contribution;

(iii) an advocate who makes contribution of Rs.4000/‑, below the age of 30 years, shall be paid rupees one lakh on completion of 25 years from the date of payment of such contribution;

(iv) an advocate who makes contribution of Rs.8,000/‑, above the age of 30 years, shall be paid rupees two lakhs on completion of 25 years from the date of payment of such contribution; and

(v) an advocate who makes the contribution of Rs.13,000/ shall be paid rupees one lakh on completion of 15 years, from the date of payment of such contribution:

Provided that if an advocate who has made the contribution under Rule 6, dies before the maturity date, his nominee/ nominees or legal heirs shall be paid the amount due to such advocate on the maturity date. .

16. If in the event of unforeseen eventuality, the income accrued from the investments of fund is reduced or enhanced, the payment provided under the rules, shall be reduced or enhanced in accordance with such reduction or enhancement in gratuity income to the Fund.

17. Every advocate shall, alongwith his contribution due under these rules, make an application for his registration under these rules in form I, and shall also nominate the nominee/ nominees in case of his death to receive the gratuity.

18. A register containing the names of the Advocates shall be maintained in Form II.

19. Every nomination or fresh nomination shall be made in Form III.

20. Claim under Chapter IV, shall be made in Form IV.

21. The decision of the Bar Council on the interpretation of these Rules shall be final.

22. An Advocate, who makes contribution under Rule 6 of Chapter II, if gets his name removed from the Rolls of the Bar Council, shall be considered as if he is on the Rolls of the Bar Council when the payment of the gratuity becomes due.

23. On the date, when the payment of the gratuity becomes due, the office, shall, itself intimate the date to the advocate that his claim has become due.

24. The provisions of the Advocates Benevolent Fund Rules, 1986 and the Advocates Gratuity Fund Rules, 1986, shall apply mutatis mutandis to the employees of the Bar Council."