SCHEME FOR GRANTING FINANCIAL ASSISTANCE TO INDIGENT PRACTICING ADVOCATES WHEN SUFFERING
FROM SERIOUS AILMENT
(A Scheme under Rule 40 to 42 of Sec-IV-A of Chapter-II of Bar Council of India Rules adopted by SBC of MP)
THESE RULES SHALL BE KNOWN AS " RULES FOR GRANT OF FINANCIAL ASSIST TO INDIGENT PRACTICING ADVOCATES SUFFERING FROM SERIOUS AILMENT SHALL APPLY TO ALL SUCH ADVOCATES PRACTICING IN THE STATE,
(I) These rules shall come into force from the date the applicant advocate for maintenance, on notified by the Bar Council of India.
(2) DEFINITIONS:
(a) " Applicant" shall mean an advocate on the roll of the State Bar Council within whose jurisdiction he is practicing and applying for the Financial Assistance to such State Bar Council.
(b) "Bar Council of India" means the Bar Council constituted Under Section 4 of the Advocates Act.
(c) “Bar Council of India Advocates Welfare Committee “ means a committee constituted under rule 2 of the Bar Council of India rules under Part IV, Chapter – III-A.
(d) "Bar Council of India Advocates Welfare Committee for the State “ shall mean the Advocates Welfare Committee constituted for the State under Rule 3 of the Bar Council of India Rules under Part Vi, Chapter III-A.
(e) "Indigent Advocate" means any practicing advocate who is unable to maintain himself and his family and is also unable to meet the cost of his treatment in case of serious ailment.
(f) “Family” shall mean the Advocate’s wife or in the case of a female, her husband, his or her minor children and aged parents, actually dependent on the applicant advocate for maintenance.
(g) “Fund means fund constituted under the Bar Council of India Advocate Welfare Rules as contained under (Part VI, Chapter III-A) of the Bar Council of India Rules, for the Scheme Financial Assistance to Indigent Practicing Advocate when suffering from serious ailment in that State.
(h) “Serious Ailment “ will include ailment of serious nature fracture or any part of the body requiring treatment for more than one month.
(i) “State Bar Council “ means Bar Council constituted under section 3 of the Advocates Act constituted under Section 3 of the Advocates Act.
(3) An indigent advocates practicing in any court, tribunal or before and local authority in India shall be entitled to apply for appropriate financial assistance in case of his serious ailment, compelling him to remain confined to bed for more than one month, in the form prescribed for the purpose or in a form similar thereto addressed to the Chairman of the State Bar Council concerned.
Such application shall be submitted in duplicate to the State Bar Council within whose jurisdiction the advocate is practicing and such application must be recommended by the Executive Committee of the Bar Association of which the advocates concerned is a member and / or State Bar Council is otherwise satisfied and must also be certified by a Doctor attending him.
Provided that the State Bar Council suo – moto or on the information received from any other source refer the case to the Advocate Welfare Committee of the State. On receipt of such application / applications or such reference by the State Bar Council the Secretary of the State Bar Council shall place the same before the Advocates Welfare Committee for the State. The Advocates Welfare Committee shall make such esquires in respect thereto as may be necessary as expeditiously as possible and grant financial aid as it think fit.
4. The Advocate Welfare Committee for the State which decided to grant financial assistance in any appropriate case shall sanction such sum as may be necessary to complete any operation or treatment neither connected with the ailment of the Advocate concerned nor exceeding Rs. 15,000/-(Rupees Fifteen thousand only) and may also sanction such monthly assistance to the applicant towards treatment and cost of medicines, etc. and for maintenance of his family for a period of three months at the rate of not exceeding Rs. 1,000/- per month.
5. In case the Advocate Welfare Fund for the State considers in a given case that financial assistance is utmost necessary beyond the limit provided under rule (5) it shall refer the matter to the Bar Council of India which may sanction a sum up Rs. 25,000/- (Twenty five thousand only) for treatment of aliment.
6. The Bar Council of India may on the recommendation of the Advocate Welfare Fund and the State Bar Council, in an appropriate hard case sanction exgratia up to a sum of Rs. 25,000/- from the fund of the Bar Council of India constituted under (5) of the Bar Council of India Advocates Welfare Rules.
7. Financial grant to the advocate concerned shall ordinarily be paid without delay, if the advocate is unable to come for receiving the money so sanctioned from the Office of the State Bar Council, the Council may sent it to the Advocate concerned by money order or the representation of such Advocate specially authorized by him in writing to the satisfaction of the Secretary State Bar Council and on granting an appropriate receipt for such payment money so sanctioned or monthly maintenance of the Advocate shall be sent, by the first week of every month for such grant on obtaining an appropriate receipt. The State Bar Council may also make such payment through the recognized Bar Association.
8. The State Bar Council shall maintain proper records of all the cases and amounts sanctioned and receipt obtained thereof.
9. If any Advocate make any statement or furnish any information which is proved to be false to his knowledge it shall amount to professional misconduct under section 35 of the Advocates Act 1961.
10. If any Advocate Welfare Committee for the State subsequently finds that any statement given or evidence adduced by the applicant was false in material particulars, the committee shall refer the matter to the State Bar Council with its report, and the State Bar Council may call upon the applicant to refund the entire amount given as assistance with such interest as it may deem fit and the applicant shall comply with such directions.
11. In case any circulating resolution is passed for giving assistance to an indigent advocate the assistance should be immediately released.