Section 60 in Advocate Act
Title: Power of Central Government to make rules
1[60. Power of Central Government to make rules.-- (1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government.
(2) The Central Government after consultation with the Bar Council of India may, by notification in the Official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.
(3) Where in respect of any matter any rules are made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar Council with effect from such date as may be specified in the notification and on the issue of such notification, the rules made by the Central Government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date.]
1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14-9-1962).
Title: Short title extent and commencement
(1) This Act may be called the Advocates Welfare Fund Act, 2001.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.
1. 1st November, 2001 (whole of India except certain States), vide notification No. S.O. 946(E), dated 26th September, 2001, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
In this Act, unless the context otherwise requires,—
(a) "advocate" means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates Association;
(b) "appropriate Government" means,—
(i) in the case of advocates admitted on the roll of a Bar Council of a State, the State Government;
(ii) in the case of advocates admitted on the roll of a Bar Council of a Union territory, the Central Government;
(c) "cessation of practice" means removal of the name of an advocate from the State roll under section 26A of the Advocates Act, 1961 (25 of 1961);
(d) "Chairperson" means the Chairperson of the Trustee Committee referred to in clause (a) of sub-section (3) of section 4;
(e) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(f) "dependants" means the spouse, parents or minor children of a member of the Fund;
(g) "Fund" means the Advocates Welfare Fund constituted under sub-section (1) of section 3;
(h) "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938);
(i) "member of the Fund" means an advocate admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act;
(j) "notification" means a notification published in the Official Gazette of the appropriate Government and the expression "notified" shall be construed accordingly;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Schedule" means a Schedule to this Act;
(m) "scheduled bank" shall have the meaning assigned to it in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934);
(n) "stamp" means the Advocates Welfare Fund Stamp printed and distributed under section 26;
(o) "State" means a State specified in the First Schedule to the Constitution and shall include a Union territory;
(p) "State Advocates Association" means an association of advocates in a State recognised by the Bar Council of that State under section 16;
(q) "State Bar Association" means an association of advocates recognised by the Bar Council of that State under section 16;
(r) "State Bar Council" means a Bar Council referred to in section 3 of the Advocates Act, 1961 (25 of 1961);
(s) "suspension of practice" means voluntary suspension of practice as an advocate or suspension of an advocate by a State Bar Council for misconduct;
(t) "Trustee Committee" means the Advocates Welfare Fund Trustee Committee established under sub-section (1) of section 4;
(u) "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;
(v) words and expressions used and not defined in this Act but defined in the Advocates Act, 1961 (25 of 1961) shall have the meanings respectively assigned to them in that Act.
Title: Advocates’ Welfare Fund
(1) The appropriate Government shall constitute a fund to be called the "Advocates Welfare Fund".
(2) There shall be credited to the Fund—
(a) all amounts paid by a State Bar Council under section 15;
(b) any other contribution made by a State Bar Council;
(c) 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;
(d) any grant which may be made by the Central Government or a State Government to the Fund after due appropriation made in this behalf;
(e) any sums borrowed under section 12;
(f) all sums collected under section 18;
(g) all sums received from the Life Insurance Corporation of India or any other insurer on the death of any member of the Fund under any Group Insurance Policy;
(h) any profit or dividend or refund received from the Life Insurance Corporation of India or any other insurer in respect of policies of Group Insurance of the members of the Fund;
(i) any interest or dividend or other return on any investment made out of any part of the Fund;
(j) all sums collected by way of sale of stamps under section 26.
(3) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, as may be prescribed.
Title: Establishment of Trustee Committee
(1) With effect from such date as the appropriate Government may, by notification, appoint in this behalf, there shall be established a Trustee Committee to be called the "Advocates Welfare Fund Trustee Committee".
(2) The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued.
(3) The Trustee Committee shall consist of—
(a) the Advocate-General of a State - Chairperson, ex officio:
Provided that where there is no Advocate-General of a State, the appropriate Government shall nominate a senior advocate to be a chairperson;
(b) the Secretary to the appropriate Government in its Law Department or Ministry - Member, ex officio;
(c) the Secretary to the appropriate Government in its Home Department or Ministry - Member, ex officio;
(d) the Chairman of the State Bar Council - Member, ex officio;
(e) the Government Pleader or the Public Prosecutor, as may be nominated by the appropriate Government - Member;
(f) two advocates to be nominated by the State Bar Council - Member;
(g) the Secretary of the State Bar Council - Secretary, ex officio.
(4) The Chairperson nominated under the proviso to clause (a) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office.
(5) Every Member of the Trustee Committee nominated under clause (e) or clause (f) of sub-section (3) shall hold office for a period not exceeding three years from the date on which he enters upon his office.