Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
No: 25 Dated: Jun, 17 1999
The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
Tamil Nadu Act 25 of 1999
An Act to provide for the constitution of a Welfare Fund for the benefit of Advocates' Clerks in the State of Tamil Nadu and for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fiftieth Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999.
(2) It shall come into force on such [date] as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Advocate" means a person whose name has been entered in the roll of advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act, 1961 (Central Act 25 of 1961), and who is a member of a Bar Association or an Advocates' Association;
(b) "Advocates' Association" means an association of advocates recognised and registered by the Bar Council under section 13 of the Tamil Nadu Advocates' Welfare Fund Act, 1987 (Tamil Nadu Act 49 of 1987);
(c) "Advocates' Clerk" means a clerk employed by an advocate and recognised by such authority and in such manner as may be prescribed and who is a member of an Advocates' Clerks Association;
(d) "Advocates' Clerks Association" means an association of Advocates' Clerks recognised and registered under section 13;
(e) "Bar Association" means an association of advocates recognised and registered by the Bar Council under section 13 of the Tamil Nadu Advocates' Welfare Fund Act, 1987 (Tamil Nadu Act 49 of 1987);
(f) "Bar Council" means the Bar Council of Tamil Nadu constituted under section 13 of the Advocates Act, 1961 (Central Act 25 of 1961);
(g) "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;
(h) "Committee" means the Tamil Nadu Advocates' Clerks Welfare Fund Committee constituted under section 4;
(i) "dependant" means any of the following relatives of a deceased member of the Fund, namely:-
(i) a widow, a minor legitimate son, an unmarried legitimate daughter or a widowed mother; and
(ii) a son who has attained the age of eighteen years or a married daughter who is wholly dependant on the earnings of the member at the time of his death and is infirm;
(j) "Fund" means the Tamil Nadu Advocates' Clerks Welfare Fund constituted under section 3;
(k) "Government" means the State Government;
(l) "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 the Act;
(m) "notification" means a notification published in the Tamil Nadu Government Gazette, and the word "notified" shall be construed accordingly;
(n) "retirement" means stoppage of employment as an Advocates' Clerk for reasons other than joining service or for carrying on any other gainful occupation, communicated to, and recorded in the manner prescribed;
(o) "stamp" means the Tamil Nadu Advocates' Clerks Welfare Fund Stamp printed and distributed under section 12;
(p) "vakalath" means a vakalatnama, memorandum of appearance or any other document by which an Advocate or any other legal practitioner is empowered to appear and plead before any Court, Tribunal or authority.
3. Advocates' Clerks Welfare Fund. - (1) The Government shall, by notification, constitute a Fund to be called the Tamil Nadu Advocates' Clerks Welfare Fund.
(2) There shall be credited to the Fund,-
(a) all amounts collected byway of sale of stamps under section 12;
(b) any voluntary donation or contribution made to the Fund by the Bar Council, any Bar Association, any other Association or Institution, any Advocate or any other person;
(c) any sum borrowed under section 10;
(d) all sums received from the Life Insurance Corporation of India on the death of a member of the Fund under a Group Insurance Policy;
(e) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund;
(f) any interest or dividend or other return on any investment made of any part of the Fund; and
(g) all sums collected trader section 15.