Jharkhand Advocates' Clerks Welfare Fund Act, 2018

No: 16 Dated: Dec, 07 2018

THE JHARKHAND ADVOCATES' CLERKS WELFARE FUND ACT, 2018

(Jharkhand Act, 16, 2018)

    Preamble –Whereas it is expedient to provide for the constitution of a Welfae Fund for payment of retirement and other benefits to Advocates' Clerks in the State of Jharkhand and for matters connected there with or incidental there to.

    Be it enacted by the Legislature of the State of Jharkhand in the Sixty-Ninth Year of the Republic of India as follows:-

1. Short title, extent and commencement:- (1) This Act may be called The Jharkhand Advocates’ Clerks Welfare Fund Act, 2018.

(2) It extends to the whole of the State of Jharkhand.

(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

2. Definitions:- In this Act unless the context otherwise requires –

(a) “Advocates” means a person whose name has been enrolled on the State Roll of the Advocates’ prepared and maintained by the State Bar Council of Jharkhand under section 17 of the Advocates’ Act, 1961 read with relevant provisions of the Bar Council of India Rule,1975 and amended from time to time.

(b) “Advocate Clerk” means a clerk employed by Advocate and recognized by such authority and in such manner as may be prescribed and who is a member of an Advocates’ Clerks' Association;

(c) “Advocates’ Clerks Association” means an Association of Advocates’ Clerks recognized and registered under section 13;

(d) “Advocates Association” means an association of Advocates/Bar/Lawyer recognized/affiliated by the State Bar Council;

(e) “Bar Council” means the State Bar Council of Jharkhand constituted under the the Advocates’ Act, 1961;

(f) “Cessation of Employment” means removal of the name of an Advocates’ Clerk from the State roll maintained by the Committee on account of his retirement;

(g) “Committee” means the Jharkhand Advocates’ Clerks Welfare Fund Committee constituted under section 4;

(h) “Dependant” means wife, husband, father, mother and unmarried minor child or children below the age of 18 years of age of a member of the Jharkhand Advocates’ Clerks Welfare Fund.

(i) “Fund” means the Jharkhand Advocates’ Clerks Welfare Fund constituted under section 3;

(j) “Government” means the State Government of Jharkhand;

(k) “Member of the Fund” means an Advocates’ Clerk admitted to the benefits of the Fund and continuing to be a member thereof under the provisions of this Act;

(l) “Notification” means a notification published in the Jharkhand official Gazette, and the word “notified” shall be construed accordingly;

(m) “Prescribed” means prescribed under the rules framed under this Act;

(n) “Retirement” means stoppage of employment as an Advocates’ Clerk for reason other than joining service or for carrying on any other gainful occupation, communicated to an recorded in the manner prescribed;

(o) “Secretary” means the the Secretary of the Committee.

(p) “Stamp” means the Jharkhand Advocates’ Clerks Welfare Fund stamp printed and distributed under section 12; and

(q) “Vakalatnama” means vakalatnama and includes memorandum of appearance or any other document by which an Advocate is empowered to appear or plead before any court, tribunal or other authority. But it shall not include memorandum of appearance filed on behalf of the State Officer representing State Government.