INTRODUCTION

The advocates welfare fund act, 2001 is mainly made for the welfare of advocates. There is a fund created for
the benefit of advocates. This is basically the combination of rules, regulations and principles which are made
for the benefit of the advocates.

This act came into force on 14th September, 2001. It is applicable to the whole of India except in those states
which already has its own state Welfare Fund Act functioning.

The act talks about how the fund is made, who makes it, to whom the act is applicable. Further how the welfare
of the advocates is done and to what extent it is applicable is also clarified in the act.

Q1. Who are included in term “advocates”?

Ans. According to section 2(a) of the act, any person whose name has been entered in the State roll prepared
and maintained by a State Bar Council and who is a member of a State Bar Association or State Advocates’
Association can be considered an advocate under this act.

Q2. How is the advocates welfare fund constituted?

Ans. According to the Section 3 of the Act, firstly this fund is created by the government.

Then, there should be credited to the fund

1). Any amount which is 20 percent of the enrollment fees which is received by the state bar council.

2). Any other contribution of the state bar council.

3). any voluntary donation or contribution made to the Fund by the Bar Council of India, any State Bar
Association, any State Advocates’ Association or other association or institution, or any advocate or other
person.

4). any grant which may be made by the Central Government or a State Government to the Fund

5). Any amount borrowed by the state bar council

6). Amount of application fee from all the members to the fund

7). an annual subscription of Rs 50 collected from every member who is not a senior advocate and Rs. 1000
from senior advocates
8). any sums received from the Life Insurance Corporation of India or any other insurer on the death of any
member of the fund

9). any interest or dividend or other return on any investment made out of any part of the Fund

10). all sums collected by sale of stamps.

Q3. How is a trustee committee formed?

Ans. The trustee committee consists of

1. Advocate general of a state who is the chairperson of the committee where there is no Advocate General
of a state, the appropriate government shall nominate a senior advocate to be the Chairperson.
2. Secretary of law department or ministry.
3. Secretary of home department or ministry.
4. Chairman of state bar council
5. the Government Pleader or the Public Prosecutor nominated by the appropriate Government
6. two advocates nominated by state bar council
7. secretary of state bar council will be appointed as the secretary of the committee.

Q4. What is the tenure of the members of the Trustee Committee?

Ans. The Chairperson nominated under the proviso shall hold office for a period not exceeding three years from
the date on which he enters upon his office.

Every Member of the Trustee Committee nominated shall hold office for a period not exceeding three years
from the date on which he enters upon his office.

Q5. How can a member or chairman of trustee committee be removed?

Ans. The appropriate government shall remove any such person who has been declared as insolvent or has
physically or mentally became incapable of acting as a chairperson or member or has been convicted of any
offence which is immoral.

Or any person who is absent without leave of the Trustee Committee for more than three consecutive meetings
of the Trustee Committee Provided that the Trustee Committee may, on sufficient ground, condone the absence
of such Chairperson or Member.

Q6. How are the meetings of the trustee committee conducted?

Ans. The Trustee Committee shall meet at least once in every three calendar months and at least four such
meetings shall be held in every year.
Q7. What are the functions of the trustee committee?

Ans. The functions are-

 to administer the fund.

 hold the amounts and assets belonging to the fund.
 Receive applications of the members and can dispose of such application within 90 days from receipt.
 Receive application from the members or their legal heirs for payment of funds and do the necessary
inquiry and if not found appropriate can dispose of the applications within 5 months.
 They keep a record in minutes book of the decision on such applications.
 To send periodical and annual reports to the appropriate government and state bar council.
 Communicate to the applicants regarding the decisions on their applications.

Q8. What are the duties of the state bar associations and state advocates associations?

Ans. The duties are-

 Every State Bar Association and State Advocates’ Association shall on 15th day of April of every year,
present to the State Bar Council a list of its members as it was on 31st March of that year.
 Every State Bar Association and State Advocates’ Association shall inform the State Bar Council of—
(a) any change in the membership including admissions and re-admissions within thirty days of change; 
(b) the death or other cessation of practice or voluntary suspension of practice of any of its members
within thirty days.

Q9. How can a person be the member in the fund?

Ans. Every advocate practicing, in any court, tribunal or other authority in a State and being a member of a
State Bar Association or a State Advocates’ Association in that State, shall apply, within six months to the
Trustee Committee for admission as a member of the Fund.

Every applicant shall pay an application fee of two hundred rupees along with the application to the account of
the Trustee Committee. Every advocate, being a member of the Fund, shall pay an annual subscription of fifty
rupees to the Fund.

Q10. Whether the amount can be received by anyone else?

Ans. The interest of any member in the fund, or the right of the member in the fund or the nominee or legal heir
to receive any amount from the fund, shall not be assigned, alienated or charged and shall not be liable to
attachment under any decree or order of any court, tribunal or other authority and further it has been stated that,
no creditor shall be entitled to proceed against the fund or the interest therein of any member or legal heir under
[Section 22].

Q11. What are Advocates welfare fund stamps and the provisions related to it?
Ans. The appropriate government print and distribute the advocates welfare fund stamps on the request of state
bar council. Sections 26 and 27 of the Act deal with the various provisions regarding the Advocates’ Welfare
Fund Stamp. Section 27 of the Act requires every advocate to affix stamp of a value ranging from Rs 5 to Rs 25
on every Vakalatnama filed by him.

The value of the stamp to be affixed would depend on the nature of the court where the Vakalatnama has been
filed. (a) five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the District
Court; (b) ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court or the
Supreme Court.

*Vakalatnama 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.

Q12. Who are not eligible for certain benefits provided by the fund?

Ans. No senior advocate, or a person in receipt of pension from the Central Government or a State
Government, shall be entitled to ex gratia grant under section 19 or payment of amount on his cessation of
practice under Section 21 or any other benefit.