The M.P.Adhivakta Kalyan Nidhi Adhiniyam, 1982
( No. 9 of 1982)
An Act to provide for the Constitution of a Welfare Fund for running various schemes for the social security and welfare of Advocates in the State of Madhya Pradesh and for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Thirty – Third Year of Republic of India as follows :-
CHAPTER – I
1, Short title and extent – (1). This Act may be called the Madhya Pradesh Adhivakta Kalyan Nidhi Adhiniyam,1982.
(2). It extends to the whole of the State of Madhya Pradesh.
2. Definitions – 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 Madhya Pradesh under section 17 of the Advocates Act 1961 (No. 25 of 1961) and who is a member of a Bar Association :
b) “Bar Association “ means an association of advocates recognized by the Bar Council under section 16;
c) “ Bar Council ” means the Bar Council of Madhya Pradesh constituted under section 3 of the Advocates Act , 1961 (No. 25 of 1961);
d) “ Cessation of practice “ means permanent stoppage or cessation of practice by an advocate on account of his retirement, death or any other reason, as the case may be, duly notified to the Bar Council and include removal of the name of an advocate from the State roll maintained by the Council’
e) “ dependents “ means wife, husband, father, mother, unmarried children or widowed daughter of the advocate and actually dependent on him for maintenance.
f) “ fund “ means the Advocates Welfare Fund constituted under section 3;
g) “junior advocate “ means an advocate who was enrolled as an advocate by the Bar Council not more than five years ago;
h) “ member of the fund” means an advocate as defined in clause (a);
i) “ retirement “ means permanent stoppage of practice as an advocate on account of advanced age infirmity any time after attaining the age of sixty years and communicated to and recorded by the Bar Council;
j) “ suspension of practice “ means voluntary suspension of practice as an advocate or suspension by the Bar Council for misconduct’
k) “ Trustee Committee” means the committee established under section .
Constitution of Fund
3. Advocate Welfare Fund –
(1) With effect from the date of establishment of Trustee Committee under sub – section 91) of section 4, there shall be constituted a fund called the Advocates’ Welfare Fund.
(2) There shall be credited to the fund –
a) a grant of rupees six lakhs that shall initially be made by the State Government to the fund ;
b) any amount paid by the Bar Council;
c) any voluntary donation or contribution made to the fund by the Bar Council of India, a Bar Association, other association or institution, any advocate or any other person;
d) any sum borrowed under section 12;
e) all moneys credited under section 18;
f) all sums received from the Life Insurance Corporation of India on the death of an advocate under the group insurance of the member of the fund;
g) any profit, dividend, or refund received from the Life Insurance Corporation of India in respect of policies in group insurance of the member of the fund;
h) any interest or dividend or other return on any investment made by any part of the fund;
i) any other amount received by the Trustee Committee.
1 (2-a) The amount received by the State Bar Council on account of payment of Stamp Duty on certificate of enrolment, issued under section 22 of the Advocates Act, 1961 ( No. 25 of 1961), shall be credited to the fund and each credits shall discharge the State Bar Council of its liability in respect of thereof to the State Government, under Article 17-A of Schedule I-A of the Indian Stamp Act, 1899 ( No. II of 1899) as applicable to the State of Madhya Pradesh)
(3) The Trustee Committee shall consist of the following, namely :-
(i) the Minister – in – charge of Law –
(ii) the Minister of State – in – charge of Law –
- Vice Chairman
(iii) the Chairman, Bar Council –
- Vice Chairman
(iv) the Advocate General, Madhya Pradesh;
( v) the Secretary to the Government of Madhya Pradesh, Law and Legislative Affairs, Department.
- Joint Secretary
(vi) Secretary, Bar Council –
(having no voting rights)
- Joint Secretary
(vii) Treasurer, Bar Council –
(vii) the General Manager of the Local Head Office of the State Bank of India or his nominee not below the rank of Regional Manager.
(ix) the Divisional Manager of the Life Insurance Corporation of India, Indore or his nominees not below the rank of Deputy Divisional Manager;
(x) the Secretary to the Government of Madhya Pradesh, Finance Department, 1 ( or his nominee not below the rank of Deputy Secretary);
B – NOMINATED MEMBERS
(xi) two members to be nominated by the Bar Council ;
(xii) two members to be nominated by the State Government of whom one shall be a member of Parliament from the State and the other shall be a member of the State Legislative Assembly.
(4) A nominated member shall hold office during the pleasure of the authority nominating him but the term of his office shall exceed five years from date of his nomination.
(5) Whenever any person is nominated or appointed as a member of the Trustee Committee by virtue of the post or office held by him, he shall forthwith cease to be a member of the Trustee Committee on his ceasing to hold such post or office.
5. Disqualification for being a member of Trustee Committee - A person shall be disqualified for being nominated or appointed as, and for being a member, of the Trustee Committee if he –
(a) becomes of unsound mind; or
(b) is adjudged insolvent; or
(c) is absent without leave of the Trustee Committee for more than three consecutive meetings of the Trustee Committee; or
(d) is a defaulter to the fund (in case he is a member of the fund) or has committed breach of trust; or
(e) is convicted by a criminal court for an offence involving moral turpitude or an economic offence unless such conviction has been set aside.
6. Resignation by nominated Members of Trustee Committee – A nominated member may resign his office by a notice in writing to the Chairman of the Trustee Committee and it shall be deemed to have been accepted as soon as it is so tendered as to be out of the reach or control of the tenderer.
7. Filing up of Casual vacancy – A casual vacancy in the office of a member may be filled up, as soon as may be and a member so nominated to fill such vacancy shall hold office for the unexpired portion of the term of office of the member whose place he fills.
8. Act of Trustee Committee not to be invalidated by vacancy, defect etc. – No act done or proceedings taken up under this Act or the rules made there under by the Trustee Committee shall be invalidated merely by reasons of –
(a) any vacancy or defect in the constitution of the Trustee Committee.
(b) any defect or irregularity in the nomination of any person as a member thereof; or
(c) any defect or irregularity in such set or proceeding not affecting the merits of the case.
9. Vesting an application of Fund - (1) The fund shall vest in, and be held and applied by the Trustee Committee subject to the provisions, and for the purpose of this Act.
(2) The Trustee Committee shall administer the fund, through the Secretary.
10. Meetings of Trustee Committee - (1) The Trustee Committee shall meet at least once in three calendar months or more often if found necessary to transact business under this Act or the rules made there under.
(2) Five members of the Trustee Committee shall form the quorum for a meeting of the Committee.
(3) The Chairman or in his absence, one of the Vice Chairman shall preside over a meeting of the Trustee Committee.
(4) Any matter coming up before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and , in case of an equality of the votes the Chairman or Vice – Chairman, as the case may be, shall preside over the meetings and shall have a casting vote.
11. Traveling and daily allowance to members of Trustee Committee – (1) The non – official members of the Trustee Committee shall be eligible to get such traveling allowance and daily allowance as may be prescribed.
(2) Official members shall draw their traveling and daily allowance as admissible to them by virtue of their office in the Government.
(3) The traveling and daily allowance so payable to the members shall be paid out of the fund.
12. Funds, borrowing and investments - (1) The Trustee Committee may borrow, from time to time, any sum required for carrying out the purpose of this Act.
(2) The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner.
(3) All amounts due and payable under this Act and all expenditures relating to the management and administration of the fund shall be paid out of the fund.
(4) The accounts of the Trustee Committee shall be audited annually by a Chartered Accountant appointed by it.
(5) As soon as the accounts of the Trustee Committee have been audited, the Trustee Committee shall send a copy thereof together with a copy of the report of the Chartered Accountant and thereon to the State Government.
(6) The Trustee Committee shall comply with such directions as the State Government may, after perusal of the audit report of the Chartered Accountant think fit to issue.
13. Power and duties of Secretary - The Secretary of the Trustee Committee shall –
a) be the chief executive authority of the Trustee Committee and be 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 instructions of the Trustee Committee.
d) operate the bank accounts of the Trustee Committee jointly with the Treasurer.
e) convene meetings of the Trustee Committee and prepare its minutes.
f) attend the 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 each financial year; and
i) do such other acts, on their behalf, as may be directed by the Trustee Committee or the Chairman.
14. Transfer of certain moneys to the fund - The Bar Council shall pay to the fund annually an amount as may be prescribed
Framing of Schemes
15. Preparation of schemes by the Trustee Committee –
(1) The Trustee Committee in consultation with the Bar Council of Madhya Pradesh may prepare scheme for :-
(i) the group insurance of the advocates.
(ii) granting gratuity and / or retirement benefits to the advocates enrolled as participating members of such schemes.
(iii) the financial aid to the junior advocates by way of stipend on nominal interest repayable in easy installments or for giving guarantee for facilitating advance of such loan to the junior advocates by a financing institution.
(iv) medical insurance of the advocates.
(v) facilitating house building loans to the advocates; and
(vi) such other welfare or benefits to the advocates as it deems fit.
(2) The scheme shall be submitted to the State Govt. which shall publish it and thereafter shall lay it on the table of the Legislative Assembly for ten days.
(3) On such publication, the provisions of the scheme shall form part of this Act.
Bar Association, its Registration,
Duties and Functions
16. Recognition and registration of Bar Association -
(1) An association of Advocates, known by any name, functioning in any part of the State may, before a date to be notified by the Bar Council in this behalf, apply for recognition and registration, to the Bar Council in such form and on payment of such annual subscription, or other fees as the Bar Council may, from time to time, determine.
(2) Every such application shall be accompanied by the rules or byelaws of the association, names and addresses of the office – bearers of the association and an up – to – date list of the members of the association showing the name, address, date of birth, age, date of enrolment and the ordinary place of practice of each member.
(3) The Bar Council may, after such enquiry as it deems necessary, recognize the association and issue a certificate of registration in such form as it may specify.
(4) The decision of the Bar Council regarding the recognition and registration of a Bar Association shall be final.
17. Duties of Bar Associations
(1) Every Bar Association shall, on or before the 15th April every year, intimate 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 association within fifteen days from the date of such change;
(b) any change in the membership including admissions and readmissions within thirty days from the date of such change;
(c) the death, retirement, cessation or suspension of practice of any of its member within thirty days from the date of the happening of the event or on receiving of the intimation thereof, which ever is later; and
(d) such other matters as may be required by the Bar Council, from time to time.
Stamps and their Distribution
17-a. Definitions - In this chapter –
a) “Court “ means 2 ( x x x) 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;
b) “memo of appearance ”includes Vakaltnama and any authorization, under Order III of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) , by what ever name called, for acting or pleading before a court )
18. Printing of “Madhya Pradesh Adhivakta Kalyan Nidhi Stamps “
(1) The State Government shall on the requisition made by the Bar Council of Madhya Pradesh, print or cause to be printed in such form and in such manner as may be prescribed in consultation with the Bar Council, adhesive stamps bearing the words “ Madhya Pradesh Adhivakta Kalyan Nidhi Stamp “ of the value of 1(Rs. Four and Rs.ten) for being supplied to the Bar Council for distribution and sale on 2 ( x x x) commission basis.
(2) Any Bar Association or Stamp Vendor who purchases Adhivakta Kalyan Nidhi Stamps worth –
a) one thousand rupees or more from the counter of the Bar Council shall be entitled for a commission of ten percent and
b) less than one thousand rupees of through Postal Service shall be entitled for a commission of five percent).
4 (19, Memo of appearance to bear stamps –
(1) A memo of appearance filed in any court other than the High Court shall bear the Madhya Pradesh Adhivakta Kalyan Nidhi Stamps of the value of 1 ( four rupees).
(2) A memo of appearance filed in the High Court shall bear the Madhya Pradesh Adhivakta Kalyan Nidhi Stamp of the value of 1 (ten rupees).
(3) It shall be duty of the Advocates to affix on the memo of appearance stamps under sub – section (1) and no court including the High Court shall accept such memo of appearance unless it is so stamped)
20. Cancellation etc of the stamps - Every stamp so affixed on the memo of appearance shall be cancelled in a manner provided in the Court Fees Act, 1870 (VII of 1870) for cancellation of court fee stamps.
21. Contribution to Advocates Welfare Fund- Net proceeds received from the distribution and sale of the Madhya Pradesh Adhivakta Kalyan Nidhi Stamps shall be contributed by the Bar Council to the Madhya Pradesh Adhivakta Kalyan Nidhi.
22. Value of the stamp shall not be chargeable from the clients – No advocate shall charge the value of the Madhya Pradesh Adhivakta Kalyan Nidhi Stamps from any client and contravention thereof shall be deemed to be misconduct.
23. Protection of action taken in good faith –
(1) No suit, prosecution or other legal proceedings shall lie against any person for any thing which is in good faith done or intended to be done in pursuance of this Act or any rule made there under
(2) No suit or other legal proceedings shall lie against the Trustee Committee or the Bar Council for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule made there under.
24. Bar of jurisdiction of Civil Courts - 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 required to be settled, decided or dealt with or to be determined by the Trustee Committee of the Bar Council.
25. Power to make rules -
(1) The Trustee Committee may, with the previous approval of the State Government, by notification, make rules for the purpose of carrying in to effect the provisions of this Act.
Provided that before giving approval to the rules framed by the Trustee Committee, the State Government shall consult the Bar Council.
(2) All rules made under this Act shall be laid on the table of the Legislative Assembly.
26. Application of Advocate Act 1961 not barred _ The provisions of this Act shall be complimentary to and not in derogation of the provisions of the Advocates Act 1961 ( No. 25 of the 1961)
27. Repeal - The Madhya Pradesh Adhivakta Kalyan Nidhi Adhyadesh, 1981 ( No. 14 of 1981) is hereby repealed.
(APPROVED BY TRUSTEE COMMITTEE,ADHIVAKTA KALYAN NIDHI, TRUST IN ITS MEETING DATED 11-3-11989, AND MODIFIED IN ITS SUBSEQUENT MEETINGS DATED 16-3-1991, 1-4-1995, 14-11-1997, 1-1-2006 ,1-1-2008 AND 6.8.2012)
CLAUSE 1-AIMS AND OBJECTS :- The State Bar Council has framed several schemes for the welfare of Advocates. These Schemes are Family Benefit Scheme and the Schemes for assistance to disabled Advocates and the families of deceased advocates. Apart from these schemes framed by the State Bar Council, the Trustee Committee under Adhivakta Kalyan Nidhi Adhiniyam from its inception has framed the Group Insurance Scheme and the payment of the premium was being done by the Trustee Committee from the sale of Adhivakta Kalyan Nidhi stamps .
CLAUSE 2 The main criticism of this scheme was that there no benefit to senior advocates above the ate of 69 years and also that there is no possibility of any payment during the life time of an advocate even though he may continue to work as an advocate for long time . Keeping in view all the circumstances and development .the Trustee Committee frames this Scheme known as “ADVOCATEWELFARE SCHEME 1989”(A.K.Y.1989)
CLAUSE 3-MEMBERSHIP OF T HE SCHEME:-
Every advocate enrolled with the State Bar Council of Madhya Pradesh will be entitled to become a member of the scheme after paying the membership fees*as under.
(a) Advocate up to the age of 30 years Rs. 4500/-
(b) Advocate between 30 up to 40 years Rs. 5500/-
(c) Advocate between 40 up to 45 years Rs. 6500/-
(*In the above slabs of membership an extra amount of Rs. 500/- (five hundred only) shall be payable by applicant towards office expenses .)
CLAUSE 4:-The advocates who has become members of the original scheme (from the year 1989 to 1996 ) will be entitled for the following benefit:-
(i) Rs. 1,20,000/- (Rupees One lack Twenty Thousand Only) in case the advocate expires within 0 to 25 years of becoming member of the scheme.
(ii) Rs. 1,25,000/- (Rupees One lack Twenty Five Thousand Only) in case the advocates expires after26 years of becoming member of the scheme but within 30 year of his becoming a member of the scheme.
(iii) 1,35,000/- (Rupees One lack Thirty five Thousand Only) in case the advocate expires after 31 year of becoming member of the scheme but within 35 year of his becoming a member of the scheme.
(i) Rs.60,000/-( Rupees Sixty Thousand Only) in case the advocate attains the age of 65 years and continues to member of this scheme for 35 years.
Advocates who have attained the age of 70 year and have put in active practice of more than 40 years and have completed 5 years of membership under the scheme, will be paid a sum of Rs.10000/-(Rupees Ten Thousand as EX-GRATIA.
PROVIDED that the period of suspension from practice shall not be counted for the purpose of calculating the period of membership and practice.
For the Members of A.K.Y 1989 amended with effect from 1st Jan 1997, 1st Jan 2006, 1st Jan 2008 , 6th Aug 2012 the concerned clause of the scheme dealing with entitlement of the benefit would be as under :
ADHIVAKTA KALYAN YOJANA1989
(Amended Scheme Slab)
(i) Rs. 1,40,000/- (Rupees One lack Forty Thousand Only) in case the advocate expires within 0 to 25 years of becoming member of the scheme.
(ii) Rs. 1,50,000/- (Rupees One lack Fifty Thousand Only) in case the advocates expires after26 years of becoming member of the scheme but within 30 year of his becoming a member of the scheme.
(iii) 1,60,000/- (Rupees One lack Sixty Thousand Only) in case the advocate expires after 31 year of becoming member of the scheme but within 35 year of his becoming a member of the scheme.
(v) Rs.80,000/-( Rupees Eighty Thousand Only) in case the advocates
attains the age of 65 years and continues to be a member of this scheme
for 35 years.
Advocates who have attained the age of 70 year and have put in active practice of more than 40 years and have completed 5 years of membership under the scheme, will be paid a sum of Rs.25000/-(Rupees Twenty Five Thousand as
PROVIDED that the period of suspension from practice shall not be counted for the purpose of calculating the period of membership and practice.
CLAUSE 5:- The member becoming disabled may be paid up to Rs.250/- per month as additional assistance to him. If there is no other source of income or assistance available to such member and such assistance in no case will be given for a period of more than five years during the membership.
CLAUSE 6:-CESSATION OF MEMBERSHIP
The membership of an advocate will come to an end on the happening of the following events:-
(a) On death.
(b) On suspension of removal from practice.
(c) On obtaining to other business, profession or vocation .
(d) On ceasing to be a member of recognized Bar Association.
CLAUSE 7:-On coming into force of this scheme, Group Insurance through Life Insurance Corporation of India in existence shall come to an end. However, the Advocates who do not join Adhivakta Kalyan Yojana 1989,shall continue to get the benefit from the Trustee Committee though the Group Insurance through Life Insurance Corporation would come to an end .
(I) No death claim under the scheme shall be payable unless of the Council is satisfied that the deceased advocate was the member of the recognized Bar Association
II) Death claim amount payable under this scheme to the dependents of the deceased advocate or any other amount payable to the member is inclusive of Rs. 15,000.00 of Group Insurance Scheme and no separate benefit of Rs. 15,000.00 of Group Insurance Scheme or any other increased benefit will be given to the members or his heirs/dependents.
CLAUSE 8:- In case the scheme is silent about any particular situation or there is no specific provision about any matter in the scheme, such matters shall be decided by the Trustee Committee under the Adhivakta Kalyan Nidhi Adhiniyam, 1982 in consultation with State Bar Council of Madhya Pradesh.
CLAUSE 9:- That the Trustee Committee under Madhya Pradesh Adhivakta Kalyan Nidhi Adhiniyam, 1982 shall be entitled to add or delete any provision of this scheme in consultation with the State Bar Council of Madhya Pradesh.
CLAUSE 10:- In case a person desires not to continue as an advocate, the money taken from him initially may be returned to him with 10% interest but in case the advocate suspends his practice, he may be allowed to continue his membership in “Adhivakta Kalyan Yojna, 1989” and if he decides to resume his practice, he may again be treated as full member of the “Adhivakta Kalyan Yojna, 1989” but he will not be entitled to any benefit for the period of suspension of his sanad.
CLAUSE 11:- The advocate who joins the scheme shall be given a certificate for his record that he has become member of the “Adhivakta Kalyan Yojna, 1989”.
CLAUSE 12:- A member of this scheme shall also be supplied with a copy of the scheme after he joins the same.
CLAUSE 13:- Amended Scheme will come into force with effect from 14th November 1997 and the Advocates who are member of the scheme and who desire to get the benefit of the amended scheme should pay the difference according to their age upto 30th June 1998. There shall be no extension of date later.
CLAUSE 14:- That those advocates who are enrolled on 1-4-1989 or afterwards may also be allowed to join the “Adhivakta Kalyan Yojna, 1989” at the time of their enrolment as an advocate or later upto any date fixed or extended by the Trustee Committee.
CLAUSE 15:- Those advocates who join the “Adhivakta Kalyan Yojna, 1989” shall not be entitled to the benefits of Group Insurance Scheme framed by the Trustee Committee.
CLAUSE 16:- The Trustee Committee under the “Adhivakta Kalyan Nidhi Adhiniyam, 1982” may delegate any of its powers to any of its sub-committees of State Bar Council of Madhya Pradesh.
CLAUSE 17:- That the Trustee Committee may appoint a sub-committee to entertain process and order payment of all claims under “Adhivakta Kalyan Yojna, 1989” or Group Insurance Scheme and such committee shall lay down the guidelines and or frame rules for this purpose.
CLAUSE 18:- Maximum age for joining the scheme will not be more than 45 years of the applicant .While applying for membership under the scheme, an advocate shall give a certificate that he is not suffering from any no serious disease, he will NOT be admitted as member of the scheme. Suppressing of facts will normally mean refusal for any claim under this scheme. Since the maximum age for joining the scheme has been restricted to 45 years, there shall not be any last date for joining the scheme as provided in the past.
स्टेट बार कौंसिल आफ मध्य
प्रदेश : उच्च न्यायालय प्रांगण,जबलपुर
‘‘परिवार कल्याण योजना (संशोधित)
1.योजना का उद्देश्य- योजना का उद्देश्य अधिवक्तागण की वृद्वावस्था में आर्थिक सहायता प्रदान करना एवं दिवंगत अधिवक्ता के कुटुंब की मदद करना विषेश कर उन सदस्यों के परिवार की जिनकी मृत्यु असामयिक हो जाती है ।
2.योजना का प्रारंभः- योजना का प्रारंभ दिनांक 26.1.1979 से माना जायेगा ।
3.सदस्यता की आहर्ताऐं :- अभिभाषक व्यवसाय में रत व्यक्ति जिनका पंजीयन स्टेट बार कौंसिल आफ म.प्र. में हो, एवं जिनकी आयु सदस्यता आवेदन पत्र प्रस्तुत करते समय 35 वर्ष से अधिक न हो । परंतु ऐसे अधिवक्ता जो दिनांक 26.1.1979 को स्टेट बार कौंसिल के स्टेट रोल पर हों, और जिनकी आयु उस दिन 35 वर्ष की हो चुकी हो, तथा जो आवेदन पत्र देने की तिथी तक 70 वर्ष के नहीं हुये हों, उन्हें भी इस योजना का सदस्य दिनांक 25.1.1984 से बनाया जा सकेगा ।
4. सदस्यता:- योजना की सदस्यता हेतु इच्छुक अधिवक्ता की निर्धारित आवेदन पत्र के साथ 100/- योजना का सदस्यता शुल्क एवं 10/- प्रारंभिक व्यय राशि बार कौंसिल ट्स्ट में जमा करना होगा । (आवेदन पत्र स्वीकृत होने के पश्चात ही आवेदन कर्ता अभिभाषक योजना का सदस्य माना जायेगा )
5.(अ.) ऐसे अभिभाषक जो दिनांक 26.1.1979 को स्टेट बार कौंसिल आफ म.प्र. के रोल पर हों, और जो दिनांक 25.1.1984 तक योजना के सदस्य नहीं बने है, उन्हें योजना का सदस्य तभी बनाया जा सकेगा जब वे योजना का सदस्यता शुल्क एवं अन्य देय वार्षिक किश्ते 6 प्रतिशत ब्याज सहित अदा करें , जो उन्हें समय पर सदस्य बनने पर देय थी ।
5.(ब). जो नये अधिवक्ता व्यवसाय में आते है ख उन्हें नामांकन होने के दो वर्ष के भीतर योजना का सदस्य बनना जरूरी है, यदि वे नियम 3 के अंतर्गत सदस्य बनने के पात्र हों । यदि वे समय पर योजना के सदस्य नहीं बनते है, तब ब्याज के साथ सदस्य बनते समय योजना के अंतर्गत देय संपूर्ण राशि 6 प्रतीशत ब्याज के साथ अदा करनी होगी ।
5. (स). योजना की सदस्यता प्रदान करना या न करना इस संदर्भ में न्यासी समिति का निर्णय इस संबंध में अंतिम होगा ।
7.निधीः- इस योजना के अंतर्गत प्राप्त राशि स्टेट बार कौंसिल आफ म.प्र. द्वारा निर्मित न्यास समिति की निधी में जमा की जायेगी ।
8.योजनासशुल्क प्रत्येक सदस्य प्रतिवर्ष 31 दिसंबर तक जब तक वे 70 वर्ष की आयु पूर्ण नहीं कर लेते तब तक स्टेट बार कौंसिल आफ म.प्र. को 50/- प्रतिवर्ष देना होगा, अथवा एक मुश्त राशि 450/- देय होगी । इस प्रकार एकत्रित राशि स्टेट बार कौंसिल आफ म.प्र. ट्स्ट द्वारा बैंक में जमा कर दी जायेगी । सदस्य जिस अधिवक्ता संघ का सदस्य हो उस संघ की जवाबदारी होगी, कि सदस्यों का वार्षिक शुल्क का अंशदान प्रतिवर्ष 31 दिसंबर के पहले एकत्रित करके स्टेटबार कौंसिल आफ म.प्र. को प्रेषित करें ।
9. (1) योजना का लाभ
परिवार कल्याण योजना के सदस्य बने अधिवक्ता को लाभ निम्नानुसार होगेः-
(अ) यदि किसी सदस्य अधिवक्ता की 35 वर्ष आयु पूर्ण करने के पूर्व ही मृत्यु हो जाती हैं तो उनके वारिसदार या नामांकित व्यक्ति को जिला अधिवक्ता संघ के अध्यक्ष के मार्फत जहां मृतक अधिवक्ता वकालत कर रहे थे , रूपये 12,000/- दिये जायेंगे, और जिला बार एसोसियेशन के अध्यक्ष ,स्टेट बार कौंसिल को रकम की आदयगी का प्रमाण पत्र देगें ।
(ब) यदि किसी सदस्य अधिवक्ता की 35 वर्ष की आयु पूर्ण करने के बाद मृत्यु हो जाती है , तो उनके वारिसदार या नामांकित व्यक्ति को जिला बार एसोसियेशन के मार्फत रूपये 10,000/- की राशि प्रदान की जायेगी । जिसकी अदायगी जिला बार एसोसियेशन के अध्यक्ष प्रमाणित करेंगे ।
(स)किसी भी सदस्य ने 20 वर्ष का वार्षिक शुल्क जमा किया हो, तो उसे 70 वर्ष की आयू पूर्ण करने पर 10,000/- दस हजार रूपये की राषि प्रदान की जायेगी, तथा मृत्यु पर अन्य कोई राशि देय नहीं होगी ।
(द) उपर्युक्त प्रकरणों में मृत सदस्य अधिवक्ता की विधवा पत्नि या आश्रित नाबालिग पुत्र/पुत्री की प्रार्थना पर अल्प अवधि के लिये अनुग्रह राशि प्रतिमाह न्यासी समिति के विचार विमर्श के बाद दी जा सकेगी ।
9.(2)जिला अधिवक्ता संघ के अध्यक्ष या किन्ही अन्य स्त्रोत की सूचना प्राप्त होने पर कि सदस्या अधिवक्ता की मृत्यु हो गयी है स्टेट बार कौंसिल आफ म.प्र. के सचिव द्वारा 1,000/- की राशि तुरंत ही जिला अधिवक्ता संघ के अध्यक्ष के मार्फत मृत अधिवक्ता के परिवार या नामांकित व्यक्ति को देने हेतु भेज दी जायेगी । इस प्रकार दी गयी राशि का समायोजन सदस्य अधिवक्ता के परिवार को बाद में दी जाने वाली मृत्यु दावा राशि में से किया जायेगा ।
10.सदस्यता का पुनः प्रवेश :- कोई भी सदस्य जिसकी सदस्यता समाप्त हो गयी हो, योजना का निम्नलिखित अवस्था में ही पुनः सदस्य बन सकेगा:-
अ- यदि स्टेट बार कौंसिल आफ मध्य प्रदेश में वह पुनः पंजीयत अधिवक्ता हो जाये ।
ब-योजना की सदस्यता हेतु पुनः आवेदन करें, एवं चरण 4 में उल्लेखित राशियों एवं सदस्यता समाप्ती से पुनः आवेदन की तिथी तक जो भी मांग राषि सदस्यों से मंगा ली गयी हो उनका इकट्ठा मय ब्याज साढे सात प्रतिशत की दर से भुगतान करें ।
11.सहायता की मांगः-योजना के मृत सदस्य द्वारा नामांकित व्यक्ति अथवा संस्था तथा, नामांकन के आभाव में मृत सदस्य की पत्नि को उनके द्वारा सूचना देने पर सहायता की राशि दी जायेगी । मृत सदस्य की पत्नि यदि जीवित न हो तो उनके पुत्र एवं पुत्रियों में समान अंश में, और उनके भी जीवित न होने की दशा में पौत्र एवं पौत्रियों को वितरित की जायेगी । इन सब के आभाव में स्टेट बार कौंसिल आफ म.प्र. द्वारा अलग से गठित किये गये अधिवक्ता कल्याण ट्स्ट को यह राशि तत्कालीन नियमों के अनुसार दे दी जायेगी । सहायता की मांग के साथ स्थानीय अधिवक्ता संघ का प्रमाण पत्र एवं मृत्यु प्रमाण पत्र अनिवार्य रूप से भेजना होगा ।
12.सहायता का विवरणः-सहायता देने की तिथी पर सदस्यों से प्राप्त होने वाली राशि में से व्यय हेतु 10 प्रतिशत राशि काट कर शेष धन का विवरण नियम 11 के अनुसार किया जायेगा । उपरोक्त धन में यदि कोई राषि संबंधित सदस्य द्वारा देय है तो यह राषि वितरणी राशि में से काट ली जायेगी ।
13. उपरोक्त नियमानुसार मांग की जो भी राशि हो उसका विनियोग अधिकार केवल स्टेट बार कौंसिल टृस्ट को ही होगा । मृत सदस्य के वारिस को दी जाने वाली सहायता राशि किसी भी न्यायालय या अधिकारी द्वारा अभिसात नहीं की जा सकेगी ।
10. योजना सदस्य द्वारा नामांकनः-
सदस्य की सदस्यता आवेदन के साथ सहायता पाने के पात्र व्यक्ति का नामांकन करना आवष्यक होगा । एक से अधिक व्यक्तियों का नामांकन किया जा सकेगा ,अंश का खुलासा न होने पर वितरण राशि समान भाग में वितरित की जायेगी ।सदस्य को अधिकार होगा,कि वह स्वयं द्वारा नामांकित व्यक्तियों के नामों में परिवर्तन तभी किया जायेगा, जब उस हेतु लिखित आवेदन पत्र संबंधित जिला अधिवक्ता संघ के अध्यक्ष द्वारा प्रमाणित किया गया हो । ऐसे प्रत्येक परिवर्तन पर 10/- शुल्क देय होगा ।
11. योजना का कार्य संचालनः-
स्टेट बार कौंसिल आफ म.प्र. के ट्स्ट के न्यासियों का चयन करेंगी, और स्टेट बार कौंसिल आफ ट्स्ट की इस योजना का कार्य संचालन करेगा । स्टेट बार कौंसिल आफ म.प्र. के कार्य पर नियंत्रण स्टेट बार कौंसिल आफ मध्य प्रदेश का रहेगा । इस का कार्यालय स्टेट बार कौंसिल आफ म.प्रत्र के कार्यालय के साथ ही रहेगा , एवं सचिव स्टेट बार कौंसिल आफ म.प्र. की देख रेख में कार्य संपादित किया जायेगा । कुटुब सहायक योजना का हिसाब अलग से रखा जायेगा । जिसका आडिट प्रतिवर्ष होगा । आडिट रिपोर्ट एवं बेलेंस शीट का प्रकाशन प्रतिवर्ष होगा । स्टेट बार कौंसिल आफ म.प्र. के प्रत्येक चुनाव के पश्चात् स्टेट बार कौंसिल आफ म.प्र. ट्स्ट के गठन होने तक पुराने न्यासी कार्य करते रहेंगे । कोई भी न्यासी स्टेट बार कौंसिल आफ म.प्र. ट्स्ट किसी भी प्रकार का भत्ता पाने का अधिकारी नहीं होगा ।
12 इस योजना के पूर्व जो परिवार कल्याण योजना थी उसके अधीन बनाये गये सदस्य माने जायेंगे, और उस योजना के अंतर्गत किये गये समस्त कार्य इस योजना के अंतर्गत किये हुये माने जायेंगे, और भविष्य में वे सभी सदस्य योजना के नियमों के बाध्य होंगे ।
13 योजना में परिवर्तनः-
योजना एवं योजना के नियमों में परिवर्तन,परिवर्धन, संशोधन का अधिकार मध्य प्रदेश स्टेट बार कौंसिल ट्स्ट को होगा, किंतु स्टेट बार कौंसिल आफ मध्य प्रदेश की स्वीकृति प्राप्त होने पर ही वे कार्यशील माने जायेंगे ।
नोटः-1. चरण 8 में प्रतिवर्ष देय 50/- की राषि का भुगतान निर्धारित तिथी तक न होने पर सदस्यता समाप्त हो जायेगी ,परंतु राशि का भुगतान निर्धारित तिथी के बाद तीन माह तक करने पर ,एवं विलंब हेतु समुचित कारण होने पर कल्याण समिति को अधिकार होगा, कि सदस्यता को पुर्नजीवित कर सके ।
2.सदस्यता षुल्क एवं प्रारंभिक व्यय राशि कुल 110/-किसी भी दशा में वापस नहीं होगी ।
SCHEME OF LIBRARY (DEVELOPMENT) OF
BAR ASSOCIATION IN M.P.
(As amended vide Resolution No.238/04/GB 20/3/04)
In exercise of the powers conferred under the provisions of Section 6 and Section 15 (1) of the Advocates Act, 1961 the State Bar council of Madhya Pradesh do hereby prescribe the Scheme for the “Development of Libraries” of the Bar Associations in the State of Madhya Pradesh.
1. This Scheme shall be called “Scheme for the Library (Development) of the Bar Associations in Madhya Pradesh. 1975.
2. (a) “Bar Association” means a Bar Association in the State of Madhya
Pradesh which is recognized by the State Bar Council of Madhya Pradesh.
(b) “Council” means the State Bar Council of Madhya Pradesh.
(c) The “Fund” means a fund constituted by the Council for giving grant to a Bar Association and shall include all subscriptions either by way of contribution, donations or otherwise made to the fund.
3. A Bar Association desirous of seeking grant from the State Bar Council of Madhya Pradesh will make an application in the form, which may be prescribed.
4. The Council shall set apart at the end of each financial year for the
development of libraries of the Bar Associations recognized by such sum, it deems proper. A Bar Association while making an application for the grant of financial assistance to it by the Council, shall append a resolution of the Association setting apart the sum by it for the purpose of the development of its library and a list of the standard books which the Bar Association desires to purchase under the scheme.
“The grant on behalf of the Bar Council “ shall be three times the contribution of the Bar Association subject to the following maximum contribution of both.
a. High Court Bar Association, Indore, Gwalior & Jabalpur.
b. Bar Association with a membership of less than 100.
c. Bar Association with a membership of 100 to
d. Bar Association with a Membership of more
Than 250 & less than 500.
e. Bar Association with a membership of
more than 500.
6. On the sanction of grant by the council, intimation there of will be sent to the concerned Bar association by the Secretary of the Council. On receipt of the intimation from the Secretary the President/Secretary of the Bar Association will remit the amount set apart for the purpose by the Association to the Secretary of the Council within one month from the receipt of the intimation.
7. Standard books approved by the Library Committee of the Council, will be purchased by the Secretary of the Council and will be sent or delivered to the Association concerned within one month from the receipt of the amount of the contribution of the Bar Association concerned.
8. A Bar Association receiving the grant for development of its library from the Council will maintain the record of the books purchased under this scheme in such form as may be prescribed by the Council from time to time. All books purchased under the scheme will bear the stamp “Purchased under the Madhya Pradesh Bar Council Library (Development) Scheme, 1975.”
9. All books purchased under the scheme shall be kept in the library of the Association and every member of the Association will be entitled to use the books for reference only. However, such books will not be lent by Bar Association to the Members and they will be kept in the “Non-lending Section” of the library of the Bar Association.
10. Any loss of a book purchased under this scheme by a Bar Association will be reported at the earliest occasion to the Secretary of the Council.
(A proforma of application for seeking grant under the Scheme of
Library (Development) of Bar Association in M.P.)
State Bar Council of Madhya Pradesh,
Subject: - Application for obtaining the grant under the Scheme of
Library (Development) of the Bar association in M.P
Our Bar association is a recognized Bar association by the State Bar Council of Madhya Pradesh having its Recognition Number, is _____________.
The number of the practising Advocates at the Bar Association is
Our Bar Association has resolved vide its Resolution ________ dated
_____________ to set apart an amount of Rs________ for obtaining grant from the State Bar Council of Madhya Pradesh under the Scheme of Library (Development) of Bar Association in Madhya Pradesh. A certified copy of the above resolution is enclosed herewith along with this application. Th amount so has been set apart is one fourth of the total admissible grant to this Bar Association under the Scheme.
Two copies of the list of books which this Bar Association requires is also enclosed herewith.
Prior to this application, this Bar Association has obtained the grant for its library from the Council or other Institution: -
Name of the institution Amount received. Year Contribution of
from where grant was obtained. Bar Association
This Bar Association undertakes to keep the books safely and readily available to all the members of the Bar.
Members of this Bar Association are affixing the stamps of Adhivakta Kalyan Nidhi on Memo of Appearance and Vakalatnama and also paying the regular amount payable by them under the Advocates Welfare Fund of the Bar Council of India and the Family Benefit Scheme of the State Bar Council of Madhya Pradesh.
This Bar Association also undertakes to send the amount of its contribution within a month after receiving the intimation from the Council.
This Bar Association also undertakes to report at the earliest in the event of loss of any book purchased under the Scheme.
For Bar Association_________________
SCHEME FOR GRANTING FINANCIAL ASSISTANCE TO INDIGENT PRACTISING 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 ASSISTANCE TO INDIGENT PRACTISING ADVOCATES SUFFERING FROM SERIOUS AILMENT AND SHALL APPLY TO ALL SUCH ADVOCATES PRACTISING IN THE STATE.
(1) These rules shall come into force from the date on notified by the Bar Council of India.
(a) “Applicant” shall mean an advocate on the roll of the State Bar Council within whose jurisdiction he is practising 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 means 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 practising advocate who is unable to maintain himself and his family and is also unable to meet the costs 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 Advocates Welfare Rules as contained under (Part VI, Chapter III-A) of the Bar Council of India Rules, for the Scheme Financial Assistance to Indigent Practising 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.
(3) An indigent advocates practising 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 practising 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 on 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 thinks fit.
4- The Advocate Welfare Committee for the State which decided to grant financial assistance in an appropriate case shall sanction such sum as may be necessary to complete any operation or treatment connected with the aliment of the advocate concerned not exceeding Rs. 15,000/- (Rupees Fifteen Thousand) 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) 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 Advocate 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 representative 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 advocate Act 61.
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.