THE ASSAM ADVOCATES' WELFARE FUND ACT, 1998 (SINGLE DOCUMENT)

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ASSAM ACT NO. XVIII OF 1999

(Received the Assent of the President on 1st June, 1999)

THE ASSAM ADVOCATES' WELFARE FUND ACT, 1998

ACT

to provide for constitution of a Welfare Fund for the benefit of Advocates in the State

of Assam and for matters connected therewith or incidental thereto.

It is hereby enacted in the Forty-ninth Year of the Republic of India, as follows :-

CHAPTER –I

Preliminary

Short title,

extent and

commencement.

1. (1) This Act may he called the Assam Advocates' Welfare

Fund Act, 1998.

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State

Government may by notification in the Official Gazette,

appoint.

Definitions. 2.

In this Act, unless the context otherwise requires,

(a) "Advocate" means a person whose name has been

entered in the State roll of advocates prepared and

maintained by the Bar Council of Assam, Nagaland,

Meghalaya, Manipur, Tripura, Mizoram and Central

Arunachal Pradesh under section 17 of the Advocates'

Act 25 of Act, 1961 and who is practising as an

Advocate in 1961 in the State of Assam;

(b) "Bar Association" means an Association of Advocates

recognised by the Bar Council under section 13;

Nagaland, Meghalaya, Manipur, Tripura, Mizoram

and Arunachal Pradesh constituted under section 3 of

the Advocates' Act, 1961 ;

Central

Act 25

1961

Central

Act 25 of

1961

(d) "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 on death or on

grounds of professional misconduct;

(e) "Committee" means the Assam Advocates' Welfare

Fund Committee constituted under section 4 ;

(f) "dependent" means wife, husband, father, mother and

unmarried minor children or such of them as exist ;

(g) "Fund" means the Assam Advocates' Welfare Fund

constituted under section 3;

(h) "State Government" means the Government of Assam;

(i) "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 ;

(j) "notification" means the notification published in the

Assam Gazette, and the word "notified" shall be

construed accordingly ;

(k) "prescribed" means prescribed by rules made under

this Act ;

(l) "retirement" means stoppage of practice as an

Advocate for reasons other than joining service or for

carrying on any other gainful occupation,

communicated to and recorded by the Bar Council ;

(m) "Fund Stamp" means the Assam Advocates' Welfare

Fund Stamp printed and distributed under section 18 ;

(n) "suspension of practice" means voluntary suspension

of practice as an Advocate or suspension by the Bar

Council for misconduct ;

(o) "Vakalatnama" means a Valakatnama, memorandum

of appearance or by any other document by which an

Advocate or any other legal practitioner is empowered

to appear and plead before any court, tribunal,

authority or person.

CHAPTER – II

CONSTITUTE OF ADVOCATES WELFARE FUND:

Assam

Advocates'

Welfare Fund :

(1) With effect from the commencement of this Act the

State Government shall, by notification, constitute a

Fund to be called the Assam Advocates' Welfare

Fund.

(2) There shall be credited to the Fund -

(a) all amounts collected under section 19;

(b) any contribution made by the Bar Council ;

Fund by the Bar Council of India, any Bar

Association, any other association or institution, any

Advocate or any other person;

(d) grant, if any, made by the Central Government or the

State Government or other authority to the Fund ;

(e) any sum borrowed under section 10 ;

(f) 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 ;

(g) any interest or dividend or other return on any

investment made of any part of the Fund;

(h) all sums collected under section 15 by way of

application fees, membership fee or other

subscriptions and interest thereon;

(3) The sums specified in sub-section (2) shall be paid to,

or collected by such agencies, at such intervals and in

such manner, and the accounts of the Fund shall be

maintained in such manner, as may be prescribed.

CHAPTER – III

ESTABLISHMENT OF THE ASSAM ADVOCATES

WELFARE FUND COMMITTEE

Constitution of

the Assam

Advocates'

Welfare Fund

Committee.

(1) The State Government may, by notification, constitute

with effect from such date as may be specified therein

a Committee to be called the Assam Advocates'

Welfare Fund Committee.

(2) The 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 Committee shall consist of –

(a) The Chairman of the Bar Council -Ex-officio

Chairman;

(b) The Advocate-General of Assam, -Ex-officio

member ;

Legislative Department, -Ex-officio member

(d) The Secretary to the Government of Assam, Judicial

Department -Ex-Officio member.

(e) the Commissioner and Secretary to the Government

of Assam, Finance Department - Ex-officio member;

(f) three other members of the Bar Council nominated

by the Bar Council from amongst its members other

than ex-officio members of the said Council -

members;

(g) the Secretary to the Bar Council- Ex-officio

Secretary of the committee without having voting

right ;

(h) a practising Advocate of the State to be co-opted by

the other members of the Committee for a period of

five years and his term shall be co-terminus with the

term of the Bar Council-member.

(4) A member nominated from the Bar Council under

clause (f) of sub-section (3) shall hold office for a term

of five years or for the term of his membership in the

Bar Council, whichever is less.

Disqualification

and removal or

nominated

member.

No person shall be nominated and continue as a member of

the Committee under clause (f) of sub-section (3) of section

4 if he -

(a) is, of unsound mind and stands so declared by a

competent Court; or

(b) is, or at any time has been, adjudicated insolvent ; or

offence involving moral turpitude, unless such

conviction has been set aside ; or

(d) is a defaulter to the Fund ; or

(e) is debarred from practising on the ground of

professional or other misconduct; or

(f) ceases to be an Advocate under the Advocates Act,

1961. Central

Central

Act 25 of

1961

Resignation and

casual vacancy.

(1) Any member nominated under clause (f) of sub-

section (3) of section 4 by the Bar Council may resign

his office by giving three months notice in writing to

the Chairman of the committee and on such

resignation being accepted by the Chairman, the said

member shall be deemed to have vacated his office.

(2) If any member nominated under clause (f) of sub-

section (3) of section 4,

(a) becomes subject to any of the disqualifications

mentioned in section 5 ; or

(b) is absent without leave from the Committee for

more than three consecutive meetings of

Committee, his seat shall thereupon become

vacant.

(3) A casual vacancy of a nominated member arising

under sub-section (1) or sub-section (2) shall be filled

in as soon as possible in the same manner and for the

same term or duration as is mentioned in section 4.

Act of

Committee not

to be invalidated

by vacancy,

defect or

irregularity.

No act done or proceedings taken, under this Act or the rules

made thereunder, by the Committee shall be invalid merely

by reason of –

(a) any vacancy or defect in the constitution of

Committee; or

(b) any defect or irregularity in the nomination of any

person as a member thereof ; or

affecting the merit of the case.

Vesting and

application of

Fund.

The Fund shall vest in and be held and applied by the

Committee subject to the provisions and for the purposes of

this Act.

Functions of

Committee.

(1) The Committee shall administer the Fund .

(2) In the administration of the Fund, the Committee

shall, subject to the provisions of this Act and the rules

made thereunder. –

(a) collect, preserve, manage and utilise the Fund:

(b) hold the amounts and assets belonging to the Fund

in trust;

to the Fund and dispose of such applications within

ninety days from the date of receipt thereof;

(d) receive applications from the members of the Fund,

their nominee, dependents or legal representatives,

as the case may be, for payment out of the Fund,

and conduct such enquiry as it deems necessary for

the disposal of such applications and shall dispose

of the applications within ninety days from the date

of receipt thereof;

(e) record in the minutes book of the Committee its

decision on the applications received under clause

(f) pay to the applicant amount at the rate specified in

the Schedule ;

(g) send such periodical and annual reports as may be

prescribed to the State Government and the Bar

Council ;

(h) communicate to the applicant by registered post

with acknowledgement due its decision on the

application for admission or readmission to the

Fund or claims to the benefit of the Fund ;

(i) appoint such officers and servants as it may think

necessary for carrying out the purposes of this Act

on such terms and conditions as may prescribed ;

and

(j) do such other acts as are, or may be, required to be

done by it under this Act and the rules made

thereunder.

(3) The Bar Council or the Committee may give to the

Advocates Association or Bar Association such

direction as, in its opinion are necessary or expedient

for carrying out the purposes of the Act.

Borrowing and

investment.

10.

(1) the Committee may, with the prior approval of the

State Government and the Bar Council, borrow from

time to time any sum required for carrying out the

purposes of this Act.

(2) The Committee shall deposit all moneys and receipts

forming part of the Fund in any Schedule Bank or

invest the same in loan to any corporation owned or

controlled by the Central Government or the State

Government or in loan floated by the Central

Government or the State Government or in any other

manner as the Committee may, from time to time

decide with the approval of the State Government.

(3) All amounts due and payable under this Act and all

expenditure reiating to the management _and

administration of the Fund shall be paid out of the

Fund.

Accounts and

Audit.

11.

(1) The Committee shall keep and maintain books of

accounts and other books in such form and in such

manner as may be prescribed.

(2) The accounts of the Committee shall be audited

annually by a Chartered Accountant by the Bar

Council.

(3) The Accounts of the Committee as audited by the

Chartered Accountant together with his audit report

shall be forwarded to the Bar Council by the

Committee and the Bar Council may issue such

directions, as it deems fit, to the Committee in respect

thereof.

(4) The Committee shall comply with the directions

issued by the Bar Council under sub-section (3).

(5) The Committee shall pay from the Fund the charges

for the audit.

Powers and

duties of

Secretary.

12.

The Secretary of the Committee shall, -

(a) be the Chief Executive Authority of the Committee

and responsible for carrying out its decisions ;

(b) represent the Committee in all suits and proceedings

for and against the Committee ;

instructions of the Committee ;

(d) operate the bank accounts of the Committee jointly

with the Chairman of the Committee or his nominee ;

(e) convene meetings of the Committee and record its

minutes;

(f) attend the meetings of the Committee with all

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 Committee ;

(h) prepare an annual statement of business transacted by

the Committee during each financial year; and

(i) do such other acts as may be directed by the

Committee and the Bar Council.

CHAPTER – IV

RECOGNITION AND REGISTRATION OF BAR

ASSOCIATIONS

Recognition and

registration of

Bar Association.

13.

(1) All Associations of Advocates known by any name

functioning in any court headquarter shall, before a

date to be notified by the Bar Council in this behalf,

apply to the Bar Council in such form as may be

prescribed, for recognition and registration as a Bar

Association under this Act.

(2) Every application for recognition and registration shall

be accompanied by the rules or bye-laws of the

Association of Advocates, names and addresses of the

office bearers of the said Association and alongwith an

up-to-date list of its members showing the names,

ages, dates of enrolment and the ordinary place of

practice of such members.

(3) The Bar Council may, after such enquiry as it deems

necessary, recognise the said Association of

Advocates as a Bar Association and issue a certificate

of registration in such form as may be prescribed.

(4) The decision of the Bar Council regarding the

recognition and registration of a Bar Association shall

be final.

Duties of Bar

Association.

14.

(1) Every Bar Association shall, on or before the 15th

April of every year, furnish to the Bar Council a list of

its members as on the 31st March of that year.

(2) Every Bar Association shall intimate to the Bar

Council-

(a) any change of the office bearers of the Bar

Association within fifteen days from such change;

(b) any change in the membership including

admission and re-admission within thirty days of

such change;

practioner of any of its members within thirty

days from the date of occurrence thereof ; and

(d) such other matter as may be required by the Bar

Council from time to time.

(3) Every Bar Association shall carry out the directions

given by the Bar Council or the Committee, as the

case may be.

MEMBERSHIP OF FUND AND PAYMENT

THEREFROM

Membership of

the Fund and

payment

therefrom.

15.

(1) Every Advocate practising in any court, tribunal or

other authority in the State of Assam may apply to the

Committee for admission as member of the Fund, in

such form as may be prescribed.

(2) On receipt of any application under sub-section (1),

the 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.

(3) Every applicant shall pay an application fee of one

hundred rupees to the account of the Committee

alongwith the application.

(4) In the event of rejection of the application, the

application fee paid shall be refunded to the applicant.

(5) Where an Advocate is admitted as a member of the

Fund, he shall pay to the Fund an amount of rupees
1
[two thousand] as membership fee either in one

instalment or two half yearly instalments of rupees
2
[one thousand] each within one year from the date of

admission and on such payment the membership of the

Advocate concerned shall, subject to the provisions of

sub-section (7), be for his life. The membership fee

shall be non-refundable.

1. Subs. by Assam Act No. XXX of 2010.

2. Subs. by Assam Act No. XXX of 2010.

(6) Every member shall, at the time of admission to the

membership of the Fund, make a nomination

conferring on one or more dependents the right to

receive the amount which may be due to him from the

Fund in the event of his death before the amount has

been paid to him. If a member nominates more than

one nominee, he shall specify in the nomication the

share payable to each of the nominees :

Provided that a members may at any time cancel

a nomination by sending a notice in writing to the

committee alongwith a fresh nomination.

(7) Every member who voluntarily suspends practice or

retires, shall, within three months of such suspension

or retirement, intimate that fact to the Committee, and

if any member fails to do so without sufficient reason,

the Committee, may reduce, in accordance with such

principles as may be prescribed, the amount due to

that member.

Payment from

the Fund on

cessation of

practice.

16.

(1) A member of the Fund shall, on cessation of practice,

be entitled to receive from and out of the Fund an

amount at the rate specified in the Schedule.

(2) In the event of death of a member, a consolidated

amount as determined by the Committee in the manner

prescribed, may also be paid to the nominee or where

there is no nominee, to his dependents in addition to

payment under sub-section (1).

Explanation :- For the purpose of this sub-section the

word "dependent" means any of the following

relatives of a deceased member, namely-

(i) a widow, a minor legitimate son, and unmarried

legitimate daughter or a widowed mother; and

(ii) if wholly dependent on the earnings of the member

at the time of his death, a son or a daughter who has

attained the age of 18 years and who is infirm.

(3) A member of the Fund may, opt for retirement

benefits as enumerated in sub-section (I) at any time

after ten years of his admission as a member of .the

Fund; but he shall be eligible for re-admission as a

new member to the Fund subject to such conditions as

may be prescribed :

Provided that a member suffering from parmanent

disablement shall be allowed to retire within ten years

of his admission to the Fund.

(4) For calculating the period of completed years of

practice for the Purpose of payment under this Act,

every four years of practice at the Bar, if any, before

the admission of a member to the Fund, shall be

computed as one year of practice and added to the

number of years of practice after such admission.

(5) In the case of a member who dies within five years of

his admission to the Fund, his nominee or legal heirs,

as the case may be, shall be eligible to get an amount

at the rate of one thousand rupees per year of practice.

(6) An application for payment from the Fund shall be

preferred to the Committee in such form as may be

prescribed.

(7) An application received under sub-section (6) shall be

disposed of by the Committee after such enquiry as it

deems necessary.

Restriction on

alienation

attachment etc.,

of interest of

member in the

Fund.

17.

(1) The interest of any member in the Fund, or the right of

a member or his nominee or legal heirs to receive any

amount from the Fund, shall not be assigned, alienated

or charged and shall not be liable to attachment under

any degree or order of any court, tribunal, financial

institutions or other authority.

(2) No creditor shall be entitled to proceed against the

Fund or the interest therein of any member or his

nominee or legal heirs.

Explanation :- For the purposes of this section, "creditor"

includes the Government or an official assignee or

receiver appointed under the Provincial Insolvency

Act, 1920 or any other law for the time being in force.

Central

Act 15

of 1920.

CHAPTER – VI

PRINTING AND DISTRIBUTION OF STAMPS

Printing and

distribution or

stamps by the

Committee.

18.

(1) The Committee shall cause to be printed and

distributed the stamps of the value of rupees
1
[six and

twelve] respectively with the Bar Council emblem and

its value inscribed thereon.

(2) The Fund Stamps shall be of the size 1" x 2" and shall

be sold by the Committee.

(3) The custody of the Fund Stamps shall be with the

Committee.

(4) The Committee shall control the distribution and sale

of the Fund Stamps through Bar Associations in such

manner and procedure as may be prescribed.

(5) The Committee shall keep proper accounts of the Fund

Stamps in such form and in such manner as may be

prescribed.

(6) The Bar Associations shall purchase the Fund Stamps

from the Committee after paying the value thereof less

ten per cent of such value towards incidental expenses.

Affixation or

Fund Stamp.

19.

(1) Every vakalatnama filed shall be affixed with one

Fund Stamp of the value of
2
[twelve] rupees in case of

vakalatnama filed in the High Court or a Tribunal, the

Assam Board of Revenue or any other quasi judicial

Authority and rupees
3
[six] in all other cases in

addition to the required Court fee stamp and no

vakalattfiuna shall be filed before or received by any

Court, Tribunal or other authority or person unless it is

so stamped :

Provided that the provision of this sub-section shall

not apply to any vakalatnama filed by or on behalf of

the Central or the State Government.

1. Subs. by Assam Act No. XXX of 2010.

2. Subs. by Assam Act No. XXX of 2010.

3. Subs. by Assam Act No. XXX of 2010.

(2) The value of the Stamp shall neither be the cost in the

case nor be received or collected in any event from the

client.

(3) Any contravention of the provisions of sub-section (1)

or (2) by any member of the Fund shall disentitle him

either in whole or in part to the benefits of the fund

and the Committee shall report such instances to the

Bar Council for appropriate action.

Cancellation or

Fund Stamps.

20.

Every Fund Stamp affixed on vakalatnama under section

19 filed in any Court or Tribunal or before any other

authority shall be cancelled in the manner provided under

section 20 of the Court Fees Act, 1870.

Central

Act 7 of

1870.

CHAPTER – VII

MISCELLANEOUS

Meeting of the

Committee.

21.

The Committee shall meet, at least once in three calender

months or more often if found made necessary, to transact

business under this Act or the rules made thereunder.

Manner of

holding meeting.

22.

(1) One third members of the Committee shall form the

meeting of the Committee.

(2) The Chairman or in the absence a member elected by

the members of the Committee present shall preside

over the meeting of the Committee.

(3) The meetings of the Committee shall ordinarily be

held at the office of the Bar Council.

(4) Any matter coming up before the meeting of the

Committee shall be decided by a majority of the votes

of the members present and voting at the meeting and

in the case of an equality of votes, the Chairman or the

member presiding over the meeting shall have a

casting vote.

(5) The Secretary of the Committee shall not have a

voting right in the meeting.

Travelling and

daily allowances

to the members

or the

Committee.

23.

The members of the Committee shall be eligible to get

such travelling allowances and daily allowances as are

admissible to the members of the Bar Council.

Ex-gratia grant

to a member of

the Fund.

24.

The Committee, on an application submitted to it, and after

being satisfied about the genuineness of the claim, may

allow ex-gratia grant to a member from the Fund-

(a) in the case of hospitalisation or involving major

surgical operation ; or

(b) if he is suffering from tuberculosis, leprosy, paralysis,

cancer, unsoundness of mind or from such other

serious diseases or disabilities.

Review. 25.

(1) The Committee may suo moto at any time or on an

application received from any person interested,

within ninety days of the passing of any order under

the provisions of this Act, review any such order, if it

was passed by them under any mistake, whether of

fact or of law or in ignorance of any material fact :

Provided that the Committee shall not pass any

order adversely affecting any person unless such

person has been given an opportunity of making his

representation.

Group-life

Insurance for

members and

other benefits.

26.

The Committee may, for the welfare of the members of the

Fund-

(a) obtain from the Life Insurance Corporation of India,

policies of Group Insurance for the members of the

Fund;

(b) provide for educational facilities for the members of

the Fund and their dependents including an insurance

for that purpose ; or

be prescribed.

Protection of

action taken in

good faith.

27.

(1) No suit, prosecution or other legal proceeding shall lie

against any person for anything which is done in good

faith or intended to be done in pursuance of the

provisions of this Act or any rules made thereunder.

(2) No suit or other legal proceeding shall lie against the

Committee or the Bar Council for any damage caused

or likely to be caused by anything which is done in

good faith or intended to be done in pursuance of the

provisions of this Act or any rules made thereunder.

Bar of

Jurisdiction of

Civil Courts.

28.

No Civil Court shall have jurisdiction to settle, decide or

deal with any question or to determine any matter which is

by or under this Act require to be settled, decided or dealt

with or to be determined by the Committee or the Bar

Council.

Power to

summon witness

and to take

evidences.

29.

The Committee and the Bar Council shall for the purpose

of any enquiry under this Act, have the same powers as are

vested in a Civil Court while trying a suit under the Code

of Civil Procedure 1908 in respect of the following

matters, namely:-

(a) enforcing the attendance of any person or examining

him on oath ;

(b) requiring the discovery and production of

documents;

(d) issuing Commission for the examination of

withensses.

Central

Act 5 of

1908.

Appeal against

decision of the

Committee.

30.

(1) An appeal against any decision or order of the

Committee shall lie to the Bar Council. The appeal shall

be in the prescribed form and shall be accompanied

with Copy of decision appealed against. The appeal

shall be filed, within thirty days from the date of the

receipt of the order appealed against.

(2) Any appeal preferred under sub-section (1) shall be

heard and disposed of in such manner and procedure as

may be prescribed.

(3) The decision of the Bar Council on appeal shall be final.

Power to amend

the Schedule.

31.

(1) The State Government may, by notification, on the

recommendation of the Committee and having due

regard to the availability of the amount in the Fund,

amend the rates specified in the schedule.

(2) Every notification issued under this section shall, as

soon as possible after it is issued, be placed on the

Table of the Legislative Assembly and if before the

expiry of the session in which it is so placed or the

next session the Assembly makes any modification in

any such notification or the Assembly decides that the

notification should not be issued the notification shall

thereafter have effect only in such modified form or be

of no effect, as the case may be, so however that any

such modification or annulment shall be without

prejudice to the validity of anything previously done

under that notification.

Power to make

rules.

32.

(1) The State Government may, by notification in the

Official Gazette, make rules for carrying out the

purposes of this Act.

(2) All rules made by the State Government under this

Act shall, as soon as may be after they are made, be

laid before the State Legislature, while it is in session,

for a total period of not less than fourteen days which

may be comprised in one session or two or more

successive sessions, and shall, unless some later date

is appointed take effect from the date of their

publication in the Official Gazette subject to such

modifications or annulments as the Legislature may,

during the said period agree to make, so however, that

any such modification or annulment shall be without

prejudice to the validity of anything previously done

thereunder.

SCHEDULE (See section 16)

5. Years: Standing Rs.15,000.00

6. Years: Standing Rs.16,000.00

7. Years: Standing Rs.17,000.00

8. Years: Standing Rs.18,000.00

9. Years: Standing Rs.19,000.00

10. Years: Standing Rs.20,000.00

11. Years: Standing Rs.21,000.00

12. Years: Standing Rs.22,000.00

13. Years: Standing Rs.23,000.00

14. Years: Standing Rs.24,000.00

15. Years: Standing Rs.25,000.00

16. Years: Standing Rs.26,000.00

17. Years: Standing Rs.27,000.00

18. Years: Standing Rs.28,000.00

19. Years: Standing Rs.29,000.00

20. Years: Standing Rs.30,000.00

21. Years: Standing Rs.32,000.00

22. Years: Standing Rs.34,000.00

23. Years: Standing Rs.36,000.00

24. Years: Standing Rs.38,000.00

25. Years: Standing Rs.40,000.00

26. Years: Standing Rs.42,000.00

27. Years: Standing Rs.44,000.00

28. Years: Standing Rs.46,000.00

29. Years: Standing Rs.48,000.00

30. Years: Standing or above Rs.50,000.00

M. K. DEKA,

Secretary to the Govt. of Assam

Legislative Department.

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About this act

Jurisdiction: Assam
Enactment date: 1999-06-01
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India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.