Official source document text
Text extracted from the official document. It may include schedules, forms and source footnotes. PDF layout and table alignment can differ.
Open document text
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB ADVOCATES WELFARE FUND ACT, 2002
(PUNJAB ACT 4 OF 2002)
(As amended upto the 15th July, 2025)
e
od
aC
di
In
2025
THE PUNJAB ADVOCATES WELFARE FUND ACT, 2002
CONTENTS
Preamble
Sections
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER II
CONSTITUTION OF THE FUND AND ITS ADMINISTRATION
3. Constitution of Fund
e
CHAPTER III
od
aC
ESTABLISHMENT OF THE TRUSTEE COMMITTE
di
4. Establishment of the Trustee Committee
In
5. Disqualification and removal of nominated members
6. Resignation and casual vacancy
7. Acts of the Trustee Committee not to be invalidated by vacancy, defect or
irregularity
8. Functions of the Trustee Committee
9. Powers and duties of Secretary
10.Borrowing and investment
11.Accounts and Audit
12.Contribution by the Bar Council
CHAPTER IV
FRAMING OF SCHEMES
13.Framing of schemes
CHAPTER V
BAR ASSOCIATION, ITS REGISTRATION, DUTIES AND
FUNCTIONS
14.Recognition and Registration of Bar Association
15.Duties of Bar Associations
CHAPTER VI
MEMBERSHIP OF FUND AND PAYMENT THEREFROM
16.Membership of the Fund and payment there-from
17.Payment from the fund on cessation of practice
18.Restriction on alienation and attachment etc. of interest of member in the
Fund
e
CHAPTER VII
od
aC
PRINTING AND DISTRIBUTION OF STAMPS
di
19.Printing and distribution of stamps by theTrustee Committee
In
20.Affixation of Stamps
21.Cancellation of Fund Stamps
CHAPTER VIII
MISCELLANEOUS
22.Meeting of the Trustee Committee
23.Manner of holding Meeting
24.Bar of jurisdiction of Civil Courts
25.Power to summon witnesses and to take evidence
26.Appeal against decision of the Trustee Committee
27.Power to amend the Schedule
28.Power to make rules
29.Power to make regulations
30.Repeal and Savings
Schedule
1
THE PUNJAB ADVOCATES WELFARE FUND ACT, 2002
(PUNJAB ACT NO.4 OF 2002)
[Received the assent of the Governor of Punjab on the 15th January, 2002,
and was first published for general information in Punjab Government
Gazette (Extraordinary), Legislative Supplement, dated the 29th January,
2002.]
1 2 3 4
Year No. Short Title Whether repealed or otherwise
affected by the legislation
2002 4 The Punjab Amended by Punjab Act No.
e
Advocates Welfare 11 of 2010
Fund Act, 2002
od
Amended by Punjab Act No.
aC
18 of 2010
di
Amended by Punjab Act No.
In
24 of 2014
An Act to provide for the constitution of a Fund and utilisation thereof for
promotion of welfare of the Advocates belonging to the State of Punjab and
for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Fifty-second
Year of the Republic of India as follows: -
CHAPTER I
PRELIMINARY
Short title and 1. (1) This Act may be called the Punjab Advocates Welfare Fund
commencement.
Act, 2002.
(2) It shall come into force at once.
1
For statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 31st
December, 2001, Page 1918.
Definitions. 2. 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 of Punjab and Haryana
under section 17 of the Advocates Act, 1961 and who
is practicing as an Advocate and is a member of Bar
Association;
(b) "Bar Association" means an association of Advocates,
recognised by the Bar Council under section 14;
e
(c) "Bar Council" means the Bar Council for the States of
od
Punjab, Haryana and Union Territory of Chandigarh
aC
constituted under section 3 of the Advocates Act,
di
1961;
In
(d) "Cessation of practice" means removal of the name of
an Advocate from the roll of Advocates maintained by
the Bar Council on account of his retirement or death
or on account of physical disability or on ground of
professional misconduct;
(e) "court" means the High Court of a civil, revenue,
criminal, labour or any other Court or Tribunal or
authority, by whatever name called, acting in the
proceedings of judicial or quasi-judicial nature;
(f) "dependent" means wife, husband, father, mother and
unmarried minor children of a member of the Fund
and includes his widowed daughter and major
children, who suffer from physical disability or
insanity and who are maintained by him or such of
them who survive on his death;
(g) "Fund" means the Advocates Welfare Fund constituted
under section 3;
(h) "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;
(i) "prescribed" means prescribed by rules made under
this Act;
e
od
(j) "regulation" means regulations made by the Trustee
aC
Committee with the approval of the Bar Council under
this Act;
di
In
(k) "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;
(l) "section" means a section of this Act;
(m) "Stamp" means the Punjab Advocates Welfare Fund
Stamp printed and distributed under section 19;
(n) "State" means the State of Punjab;
(o) "suspension of practice" means voluntary suspension
of practices as an Advocate or suspension by the Bar
Council for profession or other misconduct;
(p) "Trustee Committee" means a Trustee Committee
established under section 4; and
(q) "Vakalatnama" means a power of attorney,
memorandum of appearance or any other document by
which an Advocate is empowered to appear or plead
any court.
CHAPTER II
CONSTITUTION OF THE FUND AND ITS ADMINISTRATION
Constitution 3. (1) With effect from the date of establishment of the Trustee
of Fund.
Committee under sub-section (1) of section 4, there shall be constituted a
Fund to be called the Punjab Advocates Welfare Fund.
e
od
(2) There shall be credited to the Fund: -
aC
(a) a grant of two lac rupees on one time basis to be made
di
available by the State Government;
In
(b) sixty per cent of the funds collected under the Punjab
and Haryana Advocates Welfare Rules by the Bar
council which are available on the date of
commencement of this Act;
(c) all amounts collected under section 20;
(d) any contribution made by the Bar Council;
(e) any voluntary donation or contribution made to the
Fund by the Bar Council of India, any Bar
Association, any other association or institution, any
Advocate or any other person;
(f) grant, if any, made by the Central Government or the
State Government or other authority;
(g) any sum borrowed under section 10;
(h) any profit or dividend received from the Life Insurance
Corporation of India or any other Company or
Corporation authorised by the Government of India in
respect of policies of group insurance of the members
of the Fund or any profit or dividend received from the
insurer;
(i) any interest or dividend other return or any investment
made of any part of the Fund; and
e
(j) all sums collected under section 16 by way of
application fees, od
membership fee or other
aC
subscriptions and Interest thereon.
di
In
(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.
(4) The Fund shall vest in and administered by the Trustee
Committee subject to the provisions and for the purposes of this Act.
CHAPTER III
ESTABLISHMENT OF THE TRUSTEE COMMITTEE
Establishment 4. (1) The State Government may, by notification, establish with
of the Trustee
Committee. effect from such date as may be specified therein, a Trustee Committee to
be called the Punjab 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: -
1
(a) [The Advocate General will be the Chairman as ex-
officio member];
2
(b) [The Chairman Bar Council of Punjab & Haryana
ex-officio member];
(c) the Principal Secretary to Government of Punjab,
e
od
Department of Home Affairs and Justice or his
aC
nominee-Ex-Officio Member;
di
(d) the Principal Secretary to Government of Punjab,
In
Department of Finance or his nominee-Ex-Officio
member;
(e) three other members of the Bar Council belonging to
the State of Punjab, nominated by the State
Government in consultation with the Advocate
General, Punjab, from amongst its elected members;
(f) the Secretary of the Trustee Committee, who will be
nominated by the Chairman of the Trustee
Committee; and
1
Substituted for words “the Chairman of the Bar Council, if he belongs to the State of Punjab, otherwise, the
Advocate General, Punjab, will be the Chairman” by Punjab Act No. 24 of 2014, Section 2
2
Substituted for words “the Advocate-General of Punjab-Ex-Officio member” by Punjab Act No. 24 of 2014,
Section 2
1
(g) [three practising Advocates to be nominated by the
Advocate General, Punjab in consultation with the
State Government for a period of five years].
(4) A member nominated from the Bar Council under clause (e)
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.
2
[(5) three members to be nominated by the State Government
from amongst the Advocates registered with the Bar Council of Punjab
and Haryana.]
e
Disqualification 5. No person shall be nominated and continue as a member of the
od
and removal of
nominated Trustee Committee under clause (e) of sub-section (3) or sub-section (5)
aC
members.
of section 4, if he: -
di
In
(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
(c) is or has been convicted by a criminal court for
an offence involving moral turpitude, unless
such conviction has been set aside; or
(d) is a defaulter to the Fund; or
(e) is debarred from practicing on the ground of
professional or other misconduct; or
1
Substituted for words “a practicing Advocate of the State of Punjab to be co-opted by the other members of the
Trustee Committee for a period of five years and his term shall be co-terminus with term of the Bar Council-
members” by Punjab Act No. 24 of 2014, Section 2
2
Substituted by Punjab Act No. 24 of 2014, Section 2
Central Act 25 of (f) ceases to be an Advocate under the Advocates
1961.
Act, 1961.
Resignation
and casual
6. (1) Any member nominated under clause (e) of sub-section (3)
vacancy.
or sub-section (5) of section 4 by the Bar Council or the State Government,
as the case may be, may resign his office by giving three months' notice in
writing to the Chairman of the Trustee 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 (e) and co-opted
under clause (g) of subsection (3) and nominated under sub-section (5) of
e
od
section 4, -
aC
(a) becomes subject to any of the disqualifications
di
mentioned in section 5; or
In
(b) is absent without leave from the Trustee Committee
for more than three consecutive meetings of Trustee
Committee, his seat shall thereupon become vacant.
(3) A casual vacancy of a nominated or co-opted member
arising under sub-section (1) or sub-section (2), shall be filed in as soon
as possible in the same manner and for the same term as is mentioned in
Section 4.
Acts of the 7. No act done or proceedings taken under this Act or the rules made
Trustee
Committee there under, by the Trustee Committee, shall be invalid merely by reason
not to be
invalidated by of, -
vacancy,
defect or
irregularity. (a) any vacancy or defect in the constitution of the
Trustee Committee; or
(b) any defect or irregularity in the nomination of any
person as a member thereof; or
(c) any defect or irregularity in such proceedings
not affecting the merit of the case.
Functions of 8. (1) In the administration of the Fund, the Trustee Committee
the Trustee
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;
(c) receive applications for admission or re-admission to
e
the Fund and dispose of such applications within
od
ninety days from the date of receipt thereof;
aC
(d) receive applications from the members of the Fund,
di
their nominees, dependents or legal representatives,
In
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 Trustee Committee
its decision on the applications received under clauses
(c) and (d);
(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 re- admission to the Fund or claims to the
benefit of the fund;
(i) appoint such officers and employees as it may
think necessary for carrying out the purposes of this
Act on such terms and conditions as may be
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.
(2) The Bar Council or the Trustee Committee may give to the
e
od
Bar Association such directions as, in its opinion are necessary or
aC
expedient for carrying out the purposes of this Act.
di
Powers and
duties of
9. The Secretary of the Trustee Committee shall, -
In
Secretary.
(a) by the Chief Executive Authority of the Trustee
Committee and responsible for carrying out its
decision;
(b) represent the Trustee Committee in all suits and
proceedings for and against the Trustee Committee;
(c) authenticate by his signatures all decisions and
instructions of the Trustee committee;
(d) operate the bank accounts to the Trustee Committee
jointly with the Chairman of the Trustee Committee or
his nominee;
(e) convene meetings of the Trustee committee and
record its minutes;
(f) attend the meetings of the Trustee 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 Trustee Committee;
(h) prepare an annual statement of business transacted by
the Trustee Committee during each financial year; and
(i) do such other acts as may be directed by the Trustee
Committee or its Chairman.
Borrowing and 10. (1) The Trustee Committee may, with the prior approval of the
investment.
State Government and the Bar Council, borrow from time to time any
sum required for carrying out the purposes of this Act.
(2) The Trustee Committee shall deposit all moneys and receipts
e
od
forming part of the Fund in any Schedule Bank or invest the same in loan
aC
to any corporation owned or controlled by the Central Government or the
di
State Government or in loan floated by the Central Government or the
In
State Government or in any other manner as the Trustee Committee may,
from time to time, decide with the approval of the Bar Council.
(3) All amounts due and payable under this Act and all
expenditure relating to the management and administration of the Fund,
shall be paid out of the Fund.
Accounts and 11. (1) The Trustee Committee shall keep and maintain books of
Audit.
accounts and other books in such form and in such manner as may be
prescribed.
(2) The accounts of the Trustee Committee shall be audited
annually by a Chartered Accountant appointed by it.
(3) The Accounts of the Trustee Committee as audited by the
Chartered Accountant together with his audit report, shall be forwarded to
the Bar Council by the Trustee Committee and Bar Council may issue
such directions, as it deems fit, to the Trustee Committee in respect
thereof.
(4) The Trustee Committee shall comply with the directions
issued by the Bar Council under sub-section (3);
(5) The Trustee Committee shall pay from the Fund the charges
for the audit.
Contribution 12. The Bar Council shall contribute to the Fund an amount at such
by the Bar
Council. rate, of the enrolment fees realised by it as the Bar Council may from
time to time think fit.
CHAPTER IV
FRAMING OF SCHEMES
Framing of 13. The Trustee Committee in consultation with the Bar Council, may
Schemes.
prepare schemes for, -
e
(a)
od
the group insurance of the Advocates;
aC
(b) granting gratuity and retirement benefits to the
di
Advocates enrolled as participating members;
In
(c) the financial aid to deserving Advocates by way
of stipend or on nominal interest repayable in
easy instalments;
(d) incentive schemes to provide to those Advocates,
who actively participate in the process of legal aid to
the poor and weaker sections of the society;
(e) medical insurance of the Advocates;
(f) grant of financial aid to various bar associations
in the State for development of their libraries;
(g) granting of financial aid to Advocates on roll in case of
serious illness;
(h) granting of financial aid to indigent and disabled
lawyers;
(i) granting of financial aid to legal heirs of Advocates;
and
(j) such other welfare or benefits to the Advocates as it
may deem fit.
CHAPTER V
BAR ASSOCIATION, ITS REGISTRATION, DUTIES AND
FUNCTIONS
Recognition 14. (1) All associations of Advocates known by any name,
and
Registration functioning in the State of Punjab, shall before the date notified by the
of Bar
Association. Bar Council in this behalf, apply to the Bar Council in such form as may
be prescribed for recognition and registration.
(2) Every application shall be accompanied by the bye-laws of
e
od
the association, names and addresses of the office-bearers of the
aC
association and upto date list of its members showing the name, address
di
and date of enrolment and the ordinary place of practice of each member
In
thereof.
(3) The Bar Council may, after such enquiry as it deems
necessary, recognise the 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.
(5) The Bar Council may derecognise a Bar Association for
neglect of its duties under this Act or pass such order as it may deem fit:
Provided that no order shall be passed without affording an opportunity of
being heard to the concerned Bar Association.
Duties of Bar 15. (1) Every Bar Association shall, on or before the 15th day of
Associations.
April of each year, furnish to the Bar Council and the Trustee Committee,
a list of the members as on the 31st March of that year.
(2) Every Bar Association shall intimate to the Bar Council and
the Trustee Committee about, -
(a) any change of the office bearers of the Bar Association
within fifteen days from such change;
(b) any change in the membership including admissions
and re- admissions within thirty days of such change;
(c) the cessation of practice or voluntary suspension of
practice of any of its members within thirty days from
the date of such cessation or suspension of practice;
(d) The collection of annual subscription from every
member towards the Fund as may be specified by
regulations; and
(e) Such other matters as may be required by the Bar
e
od
Council or the Trustee Committee from time to time.
aC
CHAPTER VI
di
MEMBERSHIP OF FUND AND PAYMENT THEREFROM
In
Membership 16. (1) Every Advocate belonging to the State of Punjab practicing
of the Fund
and payment in a court may apply to the Trustee Committee for admission as member
therefrom.
of the Fund, in such form as may be prescribed.
(2) On receipt of any application under sub-section (1), 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.
(3) Every applicant shall pay an application fee of one hundred
rupees to the account of the Trustee Committee along with 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 the member of the Fund,
he shall pay to the Fund an amount of rupees one thousand as
membership fee either in one instalment or two half-yearly instalments of
rupees five hundred 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.
(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
e
od
to him. If a member nominates more than one nominee, he shall specify
aC
in the nomination the share payable to each of the nominees:
di
Provided that a member may at any time cancel a
In
nomination by sending a notice in writing to the Trustee Committee along
with a fresh nomination.
(7) Every member who voluntarily suspends practice or retires
shall, within three months of such suspension or retirement as the case
may be, intimate that fact to the Trustee Committee, and if any member
fails to do so without sufficient reasons, the Trustee committee, may
reduce, in accordance with such principles as may be prescribed, the
amount due to that member.
Payment from 17. (1) In the event of death of a member, the amount as specified in
the fund on
cessation of the schedule will be paid to the nominee or where there is no nominee, to
practice.
his dependents.
(2) In case of cessation of practice otherwise than death, the
member or his nominee, as the case may be, shall be entitled to receive
such amount from the Fund, as may be determined by the Trustee
Committee.
(3) An application for payment from the Fund shall be preferred
to the Trustee Committee in such form as may be prescribed.
(4) An application received under sub-section (3), shall be
disposed of by the Trustee Committee after such enquiry as it deems
necessary.
Restriction on 18. (1) The interest of any member in the Fund, or the right of a
alienation and
attachment member or his nominee or legal heirs to receive any amount from the
etc. of interest
of member in Fund, shall not be assigned, alienated or charged and shall not be liable to
the Fund.
attachment under any decree or order of any court.
(2) No creditor shall be entitled to proceed against the Fund or
the interest therein of any member or his nominee or legal heirs.
e
od
Explanation: - For the purpose of this section, "Creditor" includes
aC
the Government or an official assignee or receiver appointed under the
di
Central Act 15 of
1920.
Provincial Insolvency Act, 1920 or any other law for the time being in
In
force.
CHAPTER VII
PRINTING AND DISTRIBUTION OF STAMPS
Printing and 19. (1) The Trustee Committee shall cause to be printed and
distribution
of stamps by distributed the stamps of the value of the 1[rupees eight] and with the Bar
the Trustee
Committee. Council emblem and its value inscribed thereon.
2
[(2) The Stamps shall be of the size 28mm x 39mm and shall be
sold by the Trustee Committee.]
(3) The custody of the Stamps shall be with the Trustee
Committee.
(4) The Trustee Committee shall control the distribution and
sale of the stamps through Bar Associations and Licensed Stamp Vendors
in such manner and procedure as may be provided by regulations.
1
Substituted for words “rupees six” by Punjab Act No. 18 of 2010, Section 2
2
Substituted by Punjab Act No. 11 of 2010, Section 2
(5) The Trustee Committee shall keep proper accounts of the
Stamps in such form and in such manner as may be provided by
regulations.
(6) The Bar Associations and Licensed Stamp Vendors shall
purchase the Stamps from the Trustee Committee after paying the value
thereof less ten per cent of such value towards incidental expenses.
Affixation of 20. (1) Every Vakalatnama filed by any Advocate or member, shall
Stamps.
be affixed with one stamp of the value of 1[rupees fifteen] in case of
vakalatnama filed in the High Court or a Tribunal, the Punjab Board of
Revenue or any other quasi-judicial authority in addition to the required
Court Fee Stamp and no vakalatnama shall be filed before or received by
e
any Court unless it is so stamped:
od
aC
Provided that the provision of this sub-section shall not
di
apply to any vakalatnama filed by or on behalf of the Central or the State
In
Government.
2
[(1-a) However one rupee from the value of the stamp so affixed
on every ‘Vakalatnama’ shall go to the fund created under “The Punjab
State Cancer and Drug Addiction Treatment Infrastructure Fund Act,
2013.]
(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
sub-section (2) by any member of the Fund, shall disentitle him either in
whole or in part to the benefits of the Fund and the Trustee Committee
shall report such instances to the Bar Council for appropriate action.
1
Substituted for words “rupees eight” by Punjab Act No. 24 of 2014, Section 4
2
Inserted by Punjab Act No. 24 of 2014, Section 4
Cancellation of 21. Every Stamp affixed on vakalatnama under section 20 filed
Fund Stamps.
in any court, shall be cancelled in the manner provided under the section
Central Act 7 of
1870.
30 of the Court Fees Act, 1870.
CHAPTER VIII
MISCELLANEOUS
Meeting of 22. The Trustee Committee shall meet, at least once in three
the Trustee
Committee. calendar months or more often if found necessary, to transact business
under this Act or the rules made thereunder.
Manner of 23. (1) On third members of the Trustee Committee shall form the
holding
Meeting. quorum of the meeting of the Trustee Committee.
(2) The Chairman or in his absence, a member chosen by the
e
od
members of the Trustee Committee present, shall preside over the
aC
meeting of the Trustee Committee.
di
(3) The meetings of the Trustee Committee shall ordinarily be
In
held at the office of the Bar Council.
(4) Any matter coming up before the meeting of the Trustee
Committee, shall be decided by a majority of the votes of the members
present and voting at the meeting and in the case of equality of votes, the
Chairman or the member presiding over the meeting, shall have a casting
vote.
(5) The Secretary of the Trustee Committee shall not have a
voting right in the meeting.
Bar of 24. No Civil Court shall have jurisdiction to settle, decide or deal with
jurisdiction
of Civil any question or to determine any matter which is by or under this Act
Courts.
require to be settled, decided or dispensed with or to be determined by the
Trustee Committee or the Bar Council.
Power to 25. The Trustee Committee and the Bar Council shall, for the purpose
summon
witnesses and of any enquiry under this Act, have the same powers as are vested in the
to take
evidence. Civil Court while trying a suit under the Code of Civil Procedure, 1908 in
Central Act 5 of respect of the following matters, namely: -
1908.
(a) enforcing the attendance of any person or examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on oath by affidavit; and
(d) issuing commission for the examination of witnesses.
26. (1) An appeal against any decision or order of the Trustee
e
Appeal
od
against
decision of Committee shall lie to the Bar council. The appeal shall be in the
the Trustee
aC
Committee. prescribed form and shall be accompanied with the copy of the decision
di
appealed against. The appeal shall be filed within thirty days from the
In
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 27 (1) The State Government may, by notification, on the
amend the
Schedule. recommendation of the Trustee Committee and having due regard to the
availability of the amount in the Fund, amend the rates specified in the
Schedule.
(2) Before making recommendation, the Trustee Committee
shall consult the Bar Council.
(3) 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 28. (1) The State Government may, by notification in the Official
make
rules. Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as
may be, after it is made, before the house of the State Legislature while it
is in session for a total period of ten days, which may be comprised in one
session or in two or more successive sessions and if, before the expiry of
the session in which it is so laid or the successive sessions as aforesaid,
e
od
the House agrees in making any modification in the rule or the House
aC
agrees that the rule should not be made, the rule shall thereafter have
di
effect only in such modified form or be of no effect, as the case may be;
In
so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be
done under that rule.
Power to 29. The Trustee Committee with the approval of the Bar Council, may,
make
regulations. make regulations for carrying out the purposes of this Act.
Repeal and 30. (1) The Punjab Advocate Welfare Fund Ordinance, 2001
Savings.
(Punjab Ordinance No. 6 of 2001), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the Ordinance referred to in sub-section (1), shall be deemed
to have been done or taken under this Act.
SCHEDULE
(See section 17)
1
[1. Upto 5 year standing 1 lakh
2. 6 years standing 1,10,000
3. 7 years standing 1,20,000
4. 8 years standing 1,30,000
5. 9 years standing 1,40,000
6. 10 years standing 1,50,000
7. 11 years standing 1,60,000
8. 12 years standing 1,70,000
e
9. 13 years standing 1,80,000
10. 14 years standing od 1,90,000
aC
11. 15 years standing 2,00,000
di
12. 16 years standing 2,10,000
In
13. 17 years standing 2,20,000
14. 18 years standing 2,30,000
15. 19 years standing 2,40,000
16. 20 years standing 2,50,000
17. 21 years standing 2,60,000
18. 22 years standing 2.70,000
19. 23 years standing 2,80,000
20. 24 years standing 2,90,000
21. 25 years standing 3,00,000
22. 26 years standing 3,10,000
23. 27 years standing 3,20,000
24. 28 years standing 3,30,000
25. 29 years standing 3,40,000
1
Substituted by Punjab Act No. 24 of 2014, Section 3
26. 30 years standing 3,50,000
27. 31 years standing 3,60,000
28. 32 years standing 3,70,000
29. 33 years standing 3,80,000
30. 34 years standing 3,90,000
31. 35 years standing 4,00,000
32. 36 years standing 4,10,000
33. 37 years standing 4,20,000
34. 38 years standing 4,30,000
35. 39 years standing 4,40,000
e
36. 40 years & above standing 4,50,000]
od
aC
di
In
About this act
- Jurisdiction
- Punjab
- Enactment date
- 2002-01-29
- Sections available
- Document reader
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.