Section 14 in The Advocates Fund Act 2001

Title: Powers and duties of Secretary

Description: The Secretary of the Trustee Committee shall— (a) be the chief executive authority of the Trustee Committee and responsible for carrying out its decisions; (b) represent the Trustee Committee in all suits and proceedings for and against the Trustee Committee; (c) authenticate by his signature all decisions and instruments of the Trustee Committee; (d) operate bank account of the Trustee Committee jointly with the Chairperson; (e) convene meetings of the Trustee Committee and prepare minutes of such meetings; (f) attend meetings of the Trustee Committee with all the necessary records and information; (g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee; (h) prepare an annual statement of business transacted by the Trustee Committee during a financial year; (i) do such other acts as are or may be directed by the Trustee Committee and the State Bar Council.

Title: Payment of certain monies to Fund by State Bar Council

Description: The State Bar Council shall pay to the Fund annually an amount equal to twenty per cent. of the enrolment fee received by it under clause (f) of section 24 of the Advocates Act, 1961 (25 of 1961).

Title: Recognition by a State Bar Council of any association of advocates

Description: (1) Any association of advocates known by any name which is registered as an association before the date of commencement of this Act may, before the date to be notified by a State Bar Council in this behalf, apply for recognition to the State Bar Council in such form as may be prescribed. (2) Any association of advocates known by any name which is registered as an association on or after the date of commencement of this Act may, within three months from the date of its registration as an association, apply for recognition to the State Bar Council in such form as may be prescribed. (3) Every application for recognition under sub-section (1) or sub-section (2) shall be accompanied by,— (a) a copy of the rules or bye-laws of the association; (b) names and addresses of office bearers of the association; (c) a list of members of the association containing the name, address, age, enrolment number and date of enrolment with the State Bar Council and the ordinary place of practice of each member. (4) The State Bar Council may, after such enquiry as it deems necessary, recognise the association and issue a certificate of recognition in such form as may be prescribed. (5) The decision of the State Bar Council on any matter regarding recognition of an association under sub-section (4) shall be final. Explanation.—In this section, "registered" means registered or deemed to be registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force.

Title: Duties of State Bar Associations and State Advocates’ Associations

Description: (1) Every State Bar Association and State Advocates Association shall, on or before the 15th day of April of every year, furnish to the State Bar Council a list of its members as on the 31st day of March of that year. (2) 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 such change; (b) the death or other cessation of practice or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof; (c) such other matters as may be required by the State Bar Council from time to time.

Title: Membership in Fund

Description: (1) Every advocate practising, before the commencement of this Act, 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 of the commencement of this Act, to the Trustee Committee for admission as a member of the Fund, in such form as may be prescribed. (2) Every person,— (a) admitted as an advocate on the roll of a State Bar Council, after the commencement of this Act; (b) practising 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 of his enrolment as an advocate, to the Trustee Committee, for admission as a member of the Fund in such form as may be prescribed. (3) On receipt of an application under sub-section (1) or sub-section (2), the Trustee Committee shall make such enquiry as it deems fit and either admit the applicant to the Fund or, for reasons to be recorded in writing, reject the application: Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. (4) Every applicant shall pay an application fee of two hundred rupees along with the application to the account of the Trustee Committee. (5) Every advocate, being a member of the Fund, shall pay an annual subscription of fifty rupees to the Fund on or before the 31st day of March of every year: Provided that every advocate, who makes an application under sub-section (1) or sub-section (2), shall pay his first annual subscription within three months of his becoming a member of the Fund: Provided further that a senior advocate shall pay an annual subscription of one thousand rupees. (6) Any member of the Fund, who fails to pay the annual subscription for any year before the 31st day of March of that year, shall be liable to be removed from the membership in the Fund. (7) A member of the Fund removed from the membership in the Fund under sub-section (6) may be re-admitted to the Fund, on payment of arrears along with re-admission fee of ten rupees, within six months from the date of such removal. (8) Every member of the Fund shall, at the time of admission to the membership in the Fund, make nomination conferring on one or more of his dependants the right to receive, in the event of his death, any amount payable to the member under this Act. (9) If a member of the Fund nominates more than one person under sub-section (8), he shall specify in the nomination, the amount or share payable to each of the nominees. (10) A member of the Fund may, at any time, cancel a nomination by sending a notice in writing to the Trustee Committee. (11) Every member of the Fund, who cancels his nomination under sub-section (10), shall make a fresh nomination along with registration fee of five rupees. (12) Every member of the Fund, whose name has been removed from the State roll under section 26A of the Advocates Act, 1961 (25 of 1961), or who voluntarily suspends practice, shall, within fifteen days of such removal or suspension, intimate such removal or suspension to the Trustee Committee and if any member of the Fund fails to do so without sufficient reason, the Trustee Committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this Act.