Maharashtra Advocates Welfare Fund Act, 1981

No: 61 Dated: Nov, 06 1981

THE MAHARASHTRA ADVOCATES WELFARE FUND ACT, 1981

ACT No. LXI OF 1981

    An Act to provide for the constitution of an Advocates Welfare Fund and utilization thereof for payment of certain retirement and other benefits to the Advocates in Maharashtra.

    WHEREAS it is expedient to provide for the constitution of an Advocates Welfare Fund and utilization thereof for the payment of certain retirement and other benefits to the Advocates in the State of Maharashtra and for matters connected therewith or incidental thereto ;

It is hereby enacted in the Thirty-second Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Advocates Welfare Fund Act, 1981.

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

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

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

(a) “Advocate” means a person whose name has been enrolled on the roll of Advocates prepared and maintained by the Bar Council of Maharashtra under section 17 of the Advocates Act and who is a member of a Bar Association ;

(b) “Advocates Act” means the Advocates Act, 1961;

(c) “Advocates Welfare Fund” or “Fund” means the fund constituted and maintained under this Act ;

(d) “Bar Association” means an association of Advocates attached to any Court or any Tribunal or such other authority or person as is legally authorised to take evidence or to adjudicate or decide any disputes in the State of Maharashtra and recognised by the Bar Council under section 14;

(e) “Bar Council” means the Bar Council of Maharashtra, constituted under section 3 of the Advocates Act ;

(f) “cessation of practice” means removal of the name of an advocate from the State roll maintained by the Bar Council on account of his retirement or death ;

(g) “dependents” means wife, husband, father, mother and unmarried minor children or such of them as exist ;

(h) “member of the Fund” means an Advocate admitted to the benefit of the Fund and continuing to be a member thereof under the provisions of this Act ;

(i) “prescribed” means prescribed by the Bar Council by regulations made under this Act ;

(j) “retirement” means stoppage of practice as an Advocate communicated to and recorded by the Bar Council ;

(k) “stamp” or “welfare fund stamp” means the stamp printed and distributed by the Bar Council under section 18 ;

(l) “State” means the State of Maharashtra ;

(m) “suspension of practice” means voluntary suspension of practice as an Advocate or suspension by the Bar Council for misconduct under Advocates Act ;

(n) “Trustee Committee” or “Committee” means the committee established under section 4 ;

(o) “Wakalatnama” includes a memorandum of appearance or any other document by whatever name called, by which an Advocate is empowered to act, appear or plead before any Court, or any Tribunal or such other authority or person as is referred to in section 14 legally authorised to take evidence or to adjudicate or decide any disputes.