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THE ORISSA ADVOCATES CLERKS WELFARE FUND ACT, 2008

TABLE OF CONTENTS

PREAMBLE
SECTIONS
1. Short title , extent and commencement.
2. Definitions.
3. Advocates Clerks Welfare Fund.
4. Establishment of Welfare Fund Committee.
5.Disqualification and removal of nominated members of the Committee.
6. Resignation by nominated member of the Committee and filling up of casual
vacancies.
7. Act of the committee not to be invalid by defect, vacancy, etc.
8. Vesting and application of Fund.
9. Functions of the Committee.
10. Borrowing and investment of Fund.
11. Powers and duties of Secretary.
12. Orissa Advocates Clerks Welfare Fund Stamp.
13. Recognition and registration of Advocates Clerks Association.
14. Duties of Advocates Clerks Association.
15. Membership of the Fund.
16. Payment from the Fund on cessation of employment.
17. Restriction on alienation, attachment, etc., of interest of member in the Fund.
18. Group Life Insurance for members and other benefits.
19. Meetings of the Committee.
20. Travelling and daily allowance to members of the Committee.
21. Review.
22. Protection of action taken in good faith.
23. Bar of Jurisdiction of Civil Courts.
24. Power to summon witnesses and take evidence.
25. Power to make rules.
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The Orissa Gazette

EXTRAORDINARY
PUBLISHED BY AUTHORITY

No. 138, CUTTACK, WEDNESDAY, FEBRUARY 4, 2009 / MAGHA 15, 1930

LAW DEPARTMENT
NOTIFICATION
The 4th February 2009
No. 1881/I-Legis. 2/08The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 28th January, 2009 is hereby published for
general information.
ORISSA ACT 5 OF 2009

THE ORISSA ADVOCATES CLERKS WELFARE FUND ACT, 2008

AN ACT TO PROVIDE FOR THE CONSTITUTION OF A

WELFARE
FUND AND UTILISATION THEREOF FOR PROMOTION OF
WELFARE OF THE ADVOCATES CLERKS IN THE STATE
OF ORISSA AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Legislature of the State of Orissa in the

Fifty-ninth Year of the Republic of India as follows:

Short title, 1.(1) This Act may be called the Orissa Advocates Clerks Welfare
extent and
Fund Act, 2008.
commence-
ment. (2 ) It extends to the whole of the State of Orissa.

(3) It shall come into force on such date as the State Government
may, by notification, appoint in this behalf.
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 Orissa under section 17 of the
Advocates Act, 1961 and who is a member of a Bar 25 of 1961.
Association or an Advocates Association;
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(b) Advocates clerk means a clerk employed by an Advocate

and recognized by such authority and in such manner as
may be prescribed and who is a member of an Advocates
Clerks Association;

(c) Advocates Clerks Association means an association of

Advocates clerks recognized and registered under
section13;

(d) Bar Association means an association of Advocates

recognized and registered by the Bar Council under section
Orissa Act
13 of the Orissa Advocates Welfare Fund Act, 1987; 18 of 1987.

(e) Bar Council means the Bar Council of Orissa constituted

under section 3 of the Advocates Act, 1961; 25 of 1961.

(f) Cessation of Employment means removal of the name of

an Advocates clerk from the State roll maintained by the
Committee on account of his retirement;

(g) Committee means the Orissa Advocates Clerks Welfare

Fund Committee constituted under section 4;

(h) Dependant means any of the following relatives of a

deceased member of the Fund, namely :

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

daughter or a widowed mother; and

(ii) a major legitimate son or a legitimate married daughter

who by virtue of infirmity is wholly dependent on the
earnings of the member at the time of his death ;

(i) Fund means the Orissa Advocates Clerks Welfare Fund

constituted under section 3 ;

(j) Government means the State Government of Orissa;

(k) Member of the Fund means an Advocates clerk admitted

to the benefits of the Fund and continuing to be a member
thereof under the provisions of this Act;
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(l) notification means a notification published in the Orissa
official Gazette, and the word notified shall be construed
accordingly;

(m) prescribed means prescribed under the rules framed under

this Act;

(n) retirement means stoppage of employment as an

Advocates Clerk for reason other than joining service or
for carrying on any other gainful occupation, communicated
to and recorded in the manner prescribed;

(o) stamp means the Orissa Advocates Clerk Welfare Fund

stamp printed and distributed under section 12; and

(p) vakalat means a Vakalatnama, memorandum of appearance

or any other document by which an Advocate or any other
local practitioner is empowered to appear and plead before
any court, tribunal or other authority.

Advocates 3. (1) The Government shall , by notification, constitute a Fund

Clerks to be called the Orissa Advocates Clerks Welfare Fund.
Welfare
Fund.
(2) There shall be credited to the Fund ,
(a) all amounts collected by way of sale of stamps under
section 12;
(b) any voluntary donations or contribution made to the Fund
by the Bar Council, any Bar Association, any other
Association or Institution, any Advocate or any other
person;
(c) any sum borrowed under section 10;
(d) all sums received from the Life Insurance Corporation
of India or any other Insurance Companies on the death
of a member of the Fund under a Group Insurance
Policy;
(e) any profit or dividend received from the Life Insurance
Corporation of India or any other Insurance Companies
in respect of Policies of Group Insurance of the members
of the Fund;
(f) any interest or dividend or other return on any investment
made of any part of the Fund; and
(g) all sums collected under section 15.
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Establishment 4. (1) The Government may, by notification, establish with effect
of Welfare
Fund from such date, as may be specified therein, a Committee to be called the
Committee. Orissa Advocates Clerks 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 the following members,

namely:
(a) The Chairman of the Bar Council;
(b) The Secretary to Government, Law Department;
(c) The Secretary to Government, Home Department;
(d) The Secretary to Government, Finance Department;
(e) The Registrar General of High Court, Orissa;
(f) Three members to be nominated from among the
Advocates clerks by such authority and in such manner
as may be prescribed, of whom one shall be nominated
by the Committee as the treasurer of the Fund; and
(g) A Secretary to be appointed by the Chairman in
accordance with such regulation as may be made by the
Committee in respect of the recruitment and conditions of
service of such Secretary :

Provided that the Secretary so appointed shall not

have the right to vote at the meetings of the Committee.

(4) The Chairman of Bar Council shall be the ex-officio Chairperson

of the Committee.

(5) The Secretary to Government, Law Department, the Secretary

to Government, Home Department, the Secretary to Government, Finance
Department and the Registrar General of High Court, Orissa, shall be the
ex-officio members of the Committee.

(6) In case the Secretary to Government, Law Department,

Secretary to Government, Home Department or Secretary to Government,
Finance Department, is unable to attend the meetings of the Committee
for any reason, he may depute any officer of his Department, not below
the rank of Deputy Secretary to Government to attend the meetings.

(7) In case the Registrar General of the High Court, Orissa is

unable to attend the meeting of the Committee for any reason, he may depute
any officer not below the rank of Deputy Registrar to attend the meetings.
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(8) A member nominated under clause (f) of sub-section (3) shall
hold office for a term of three years from the date of such nomination or
until he ceases to be a member of Advocates Clerks Association whichever
is earlier.

(9) The Secretary shall be paid such remuneration out of the

Fund, as may be prescribed.
Disqualifi- 5. (1) A member nominated under clause (f) of sub-section (3) of
cation and section 4 shall be disqualified to be a member of the Committee, and shall
removal of
nominated
cease to be such member, if he,
members
of the
(a) becomes of unsound mind; or
Committee. (b) is adjudged as insolvent; or
(c) remains absent without leave of the Committee for more
than three consecutive meetings of the Committee :

Provided that the members ceasing to hold office

under this clause may be restored by the Committee, if
such member makes an application for the condonation
of the absence; or
(d) is a defaulter to the Fund (if 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, unless such conviction has been set aside.

(2) The Government may remove any member who is or has

become disqualified under sub-section (1), from the membership of the
committee :
Provided that no order removing any member shall be passed
unless the member has been given an opportunity of being heard.

Resignation 6. (1) Any member nominated under clause (f) of sub-section (3) of
by section 4 may resign his office by giving three months notice in writing to
nominated the Chairperson of the Committee and on such resignation being accepted
member of
the by the said Chairperson he shall be deemed to have vacated his office.
Committee
and filling up (2) Any casual vacancy in the office of a member referred to in
of casual sub-section (1) shall be filled up, as soon as possible and a member so
vacancies.
nominated to such vacancy shall hold office for the residue of the term of
his predecessor.
Act of the 7. No act done or proceeding taken under this Act or the rules made
committee thereunder by the Committee shall be invalidated merely by reason of
not to be
invalid by
defect, (a) any vacancy or defect in the constitution of the Committee;
vacancy, or
etc. (b) any defect or irregularity in nomination of any person as a
member thereof; or
(c) any defect or irregularity in such act or proceeding not
affecting the merits of the case.
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Vesting and 8. The Fund shall vest in and be held and applied by the Committee
application subject to the provisions, and for the purposes of this Act.
of Fund.

Functions 9.(1) It shall be the function of the Committee to administer

of the the Fund.
Committee.
(2) In the administration of the Fund, the Committee shall, subject
to the provisions of this Act and the rules made thereunder,
(a) hold the amounts and assets belonging to the Fund;
(b) receive applications for admission or readmission to the Fund
and dispose of such applications within ninety days from
the date of receipt thereof;
(c) receive applications from the members of the Fund, their
nominees or legal representatives, as the case may be, for
payment out of the Fund;
(d) conduct such enquiry as it deems necessary, for the disposal
of such applications and dispose of the applications within
five months from the date of receipt thereof;
(e) record in the minutes book of the Committee its decision on
the applications;
(f) pay to the applicants amount at the rates specified in the
schedule;
(g) maintain such accounts and books and send such
periodicals and annual reports to the Bar Council, as may
be prescribed;
(h) communicate to the applicants under certificate of posting
the decision of the Committee in respect of applications for
admission or re-admission to the Fund or claims to the benefit
of the Fund ; and
(i) do such other acts, as are or may be, required to be done
under this Act and the rules made thereunder including
making provisions of minimum number of staff for the office
of the Committee.

Borrowing 10.(1) The Committee, may, with the prior approval of the Bar
and
Council, borrow, from time to time, any sum required for carrying out the
investment
of Fund. purposes of this Act.

(2) The Committee shall deposit all moneys and receipts forming
part of the Fund in any Scheduled Bank as defined in the Reserve Bank of
India Act,1934 or invest the same in loans to any Corporation owned or 2 of 1934.
controlled by the Central Government or the State Government or the loans
floated by the Central Government or the State Government or in any
other manner as the Bar Council may, from time to time, direct with prior
approval of the Government.
 LatestLaws.com

(3) All amount 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.

(4) The accounts of the Committee shall be audited annually by

a Chartered Accountant appointed by the Committee.

(5) The accounts, as certified by the auditor together with the

audit report thereon, shall be forwarded to the Bar Council by the Committee
and the Bar Council may issue such direction as it deems fit to the
Committee in respect thereof.
(6) The Committee shall comply with the directions issued by
the Bar Council under sub-section (5).

Powers and 11.The Secretary of the Committee shall

duties of
Secretary. (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;
(c) authenticate by his signature all decisions and instructions
of the Committee;
(d) operate the bank accounts of the Committee jointly with the
Treasurer;
(e) convene meetings of the Committee and prepare their
minutes;
(f) attend the meetings of the 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 correspondences
relating to the Committee;
(h) prepare an annual statement of business transaction by the
Committee during each financial year; and
(i) do such acts as may be directed by the Committee.
Orissa 12. (1) There shall be printed or caused to be printed by the Bar
Advocates Council in such form and in such manner as may be prescribed, stamp
Clerks inscribed the Orissa Advocates Clerks Welfare Fund each of the value
Welfare
Fund
of two rupees.
Stamp. (2) Every Vakalat or Memorandum of appearance filed before
any Court, authority or tribunal shall be affixed with a stamp as specified in
sub-section (1) in addition to the court fee stamps, if any, and stamp to be
affixed under any other Acts and no Vakalat or Memorandum of appearance
shall be valid unless it is so stamped:
Provided that this sub-section shall not apply to any Vakalat or
Memorandum of appearance filed on behalf of the Central or State
Government.
 LatestLaws.com

(3)The person or authority receiving Vakalat with such stamp

shall forthwith effect cancellation of the stamp by punching out the same.
(4) The custody of the stamps printed under this section shall
be with the Bar Council and, the supply and sale of stamps shall be in
such manner as may be prescribed.
Recognition 13. (1) An Association of Advocates Clerks constituted after the
and
registration commencement of this Act may, within two months from the date of such
of constitution,and an Association of Advocates Clerks constituted before
Advocates
the commencement of this Act may, within two months from the date of
Clerks
Association. commencement of this Act, apply to the Committee in such form and in such
manner as may be prescribed, for recognition and registration as an
Advocates Clerks Association under this Act.

(2) Every application for recognition and registration shall be

accompanied by the rules or bye-laws 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 with name, address, age and the ordinary
place of employment of such member.

(3) The Committee may, after such inquiry as it deems necessary,

recognise the Association as an Advocates Clerks Association and issue a
Certificate of recognition and registration in such form as may be prescribed.

(4) The decision of the Committee regarding the recognition and

registration of Association shall be final.

Duties of 14. (1) Every Advocates Clerks Association shall, on or before the
Advocates
Clerks
15th April of every year, intimate to the Committee a list of its members
Association. as on the 31st March of that year.

(2) Every Advocates Clerks Association shall intimate to the

Committee of,
(a) any change of the office bearers of the Advocates Clerks
Association within fifteen days from such change;
(b) any change in number of members including admission and
re-admission within thirty days of such change;
(c) the death or retirement of any of its members within thirty
days from the date of occurrence thereof; and
(d) such other matters as may be required by the Committee
from time to time.
Membership 15.(1) Every Advocates Clerk in the State may apply to the
of the Fund.
Committee, in such form and in such manner as may be prescribed, for
admission as a member of the Fund.
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(2) On receipt of an 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 rupees fifty

along with the application to the account of the Committee.

(4) Every applicant shall pay to the Fund an admission fee of

rupees fifty at the time of admission or re-admission.
(5) Every person admitted as a member of the Fund shall pay
a membership fee of rupees one thousand payable in two equal half yearly
installments.
(6) Every member of the Fund shall, at the time of admission
make a nomination conferring on one or more dependents of his family the
right to receive the amount from the Fund in the event of his death:

Provided that if he has no family he can nominate any person

he likes.
(7) If more than one person is nominated, the amount of share
payable to each nominee shall be specified in the nomination.

(8) A member of the Fund may at any time cancel a nomination

by sending a notice in writing to the Committee alongwith a fresh
nomination.
(9) Where on receipt of a complaint or otherwise, the
Committee has reason to believe that an Advocates clerk secured
admission as a member of the Fund by misrepresentation, fraud or
undue influence, the Committee shall have power to remove the name of
such Advocates clerk from the membership of the Fund:
Provided that no such order shall be passed unless the person,
likely to be affected adversely, has been given an opportunity of being
heard.
Payment 16.(1) A member of the Fund shall, on cessation of employment,
from the be entitled to receive from and out of the Fund an amount at the rate
Fund on specified in the Schedule.
cessation of
employment. (2) In the event of death of a member, a consolidated amount
of rupees fifty thousand be paid to the nominee or, where there is no
nominee, to his dependants.
(3) A member of the Fund may withdraw his membership at any
time after five years of his admission as a member of the Fund and on
such withdrawal he shall be entitled to receive from and out of the Fund an
amount at the rate specified in the Schedule and he may also be eligible
for re-admission to the Fund as a new member subject to such conditions
as may be prescribed :
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Provided that a member suffering from permanent disablement

may withdraw his membership within five years of his admissions to the
Fund.
(4) For calculating the period of completed years of employment
for the purpose of payment under this Act, every four years of employment
under an Advocate, if any, before the admission of a member to the Fund,
shall be computed as one year of employment and added to the number
of years of employment after such admission.

(5) An application for payment from the Fund shall be made to

the Committee in such form as may be prescribed.

(6) An application received under sub-section (5), shall be

disposed of by the Committee after such enquiry as it deems necessary.

Restriction 17. (1) The interest or the right of a member of the Fund or his
on
nominee or legal heirs to receive any amount from the Fund, shall not be
alienation,
attachment, assigned, alienated or charged and shall not be liable to attachment under
etc., of
any decree or order of any court, tribunal or other authority.
interest of
member in
the Fund.
(2) No creditor shall be entitled to proceed against the Fund
or the interest therein of any member of the Fund or his nominee or legal
heirs.
Explanation. For the purpose of this section, creditor includes
the State, or an official assignee or official receiver appointed under the
law relating to insolvency for the time being in force.

Group Life 18. The Committee may, for the welfare of the members of the
Insurance Fund,
for
(a) take from the Life Insurance Corporation of India or any other
members
and other Insurance Companies, policies of Group Insurance on the
benefits.
life of the members of the Fund ; and
(b) provide for medical and educational facilities, and such other
benefits, as may be prescribed for the members of the Fund
and their dependents.
Meetings of 19. (1) The Committee shall meet at least once in three months
the or more often if found necessary to transact its business under this Act
Committee.
or the rule made thereunder.
(2) Five members of the Committee shall form the quorum for a
meeting of the Committee.
(3) The Chairperson or in his absence, a member, elected by
the members present at the meeting, shall preside over a meeting of the
Committee.
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(4) Any matter coming up before a meeting of the Committee

shall be decided by a majority of the members present and voting at the
meeting and, in the case of equality of votes, the Chairperson or the member
presiding over the meeting shall have power to exercise a casting vote.

Travelling 20. The nominated members of the Committee shall be eligible to

and daily get such travelling allowance and daily allowance, as may be prescribed.
allowance
to members
of the
Committee .

Review. 21.The Committee may, sou-motu, at any time or on an application

from any interested person, within ninety days of any order passed by it,
review any such order:
Provided that the Committee shall not pass any order
adversely affecting an person unless such person has been given an
opportunity of making his representation.
Protection of 22. (1) No suit, prosecution or other legal proceeding shall lie against
action taken any person for anything which is, in good faith, done or intended to be
in good faith.
done in pursuance of this Act or any rule 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, in good faith, done or intended to be done in pursuance
of this Act or any rule made thereunder.
Bar of 23. No Civil Court shall have jurisdiction to settle, decide or deal
jurisdiction with any question or determine any matter which is under this Act required
of Civil
Courts. to be settled, decided or dealt with or determined by the Committee.

Power to 24. The Committee shall, for the purposes of any enquiry under
summon this Act, have the same powers as are vested in a Civil Court while
witnesses
and take
trying a suit under the Code of Civil Procedure, 1908 in respect of the V of 1908.
evidence. following matters, namely :
(a) enforcing the attendance of any person or examining him
on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit; and
(d) issuing Commission for the examination of witnesses.
Power to 25. (1) The Government may, by notification, make rules for carrying
make rules. out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may
be, after it is made, before the Legislative Assembly while it is in session for
a total period of fourteen days which may be comprised of one session or
two successive sessions and if, before the expiry of the session in which it is
so laid or the next session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be
made, the rules 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 rules.
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SCHEDULE

[See sections 9 (2) (f), 16 (1) and (3) ]

1. year as a member of the Fund - 1,000

2. years as a member of the Fund - 2,000
3. years as a member of the Fund - 3,000
4. years as a member of the Fund - 4,000
5. years as a member of the Fund - 5,000
6. years as a member of the Fund - 6,000
7. years as a member of the Fund - 7,000
8. years as a member of the Fund - 8,000
9. years as a member of the Fund - 9,000
10. years as a member of the Fund - 10,000
11. years as a member of the Fund - 11,000
12. years as a member of the Fund - 12,000
13. years as a member of the Fund - 13,000
14. years as a member of the Fund - 14,000
15. years as a member of the Fund - 15,000
16. years as a member of the Fund - 16,000
17. years as a member of the Fund - 17,000
18. years as a member of the Fund - 18,000
19. years as a member of the Fund - 19,000
20. years as a member of the Fund - 20,000
21. years as a member of the Fund - 21,000
22. years as a member of the Fund - 22,000
23. years as a member of the Fund - 23,000
24. years as a member of the Fund - 24,000
25. years as a member of the Fund - 25,000
26. years as a member of the Fund - 26,000
27. years as a member of the Fund - 27,000
28. years as a member of the Fund - 28,000
29. years as a member of the Fund - 29,000
30. years as a member of the Fund - 30,000

By order of the Governor

B.K. NAYAK

Principal Secretary to Government

Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10
OGP/SBP., Ex. Gaz. No. 1828193+580 DTP-5-2-2009 Print-5-2-2009