The Assam Advocates Welfare Fund Act, 1998
Registered No.-7'68/97

#### THE ASSAM . GAZETTE

###### ~>il~"f

#### EXTRAORDINARY

###### ~ <15~~~ ~ ~

 PUBLISHED BY AUTHORITY

~ 75 ~91<t ll5fi1<lM, 1§ ~. 1999, 25 M, 1921 (xt<P)

No.75 Dispur, Tuesday, 15th June, 1999, 25th Jyaistha, 1921 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH

###### NOTIFICATION

The 15th June, 1999

No. LGL.40/98/121.--The following Act of the Assam Legislative
Assembly which received the assent of the President is hereby published for
general information.


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562 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999

ASSAM ACT NO. XVIII OF 1999

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

THE ASSAM ADVOCATES' WELFARE FUND ACT, 1998

AN
ACT

to provide for co~stitu,tion of a Welfare Fund for the benefit of
Advocates in the State of Assam and for matters connected therewith

or incidental thereto.

###### •

It is hereby enacted in the Forty-ninth Year of the Republic of

India, as follows : -

CHAPTER                    - I

Preliminary

"' Short title, . _I_
extent and 1. (I) This Act may he called the Assam Adn1cates' Welfare Fund

commence- Act, 1998.
menL
(2) It extends to the whole of Assam. _y_

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

Government may. by notification in the Official Gazette,
appoint.

Definitions . l h . . I~ 0
2. In this Act, un ess the context ot erw1se requtres, --

(a) "Advocate" means a person whose name has been
entered in the State roll ofadvocatcs prepared and
maintained by the Bar Council of Assam, Nagaland,

Meghalaya, Manipur, Tripura, Mizoram and
Arunachal Pradesh under section 17 of the Advocates' [Central ]
Act25 of
Act, 1961 and who is practising as an Advocate in 1961
the State of Assam;

(b) "Bar Asso~iation" means an Association of Advocates

recognised by the · Bar Council under section 13 ;


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THE ASSAM GAZETTE, EXTRAORDINARY. JUNE 15, 1999 563

( c) "Bar Council" means the Bar Council of Assam

Nagaland, Meghalaya, Manipur, Tripura, Mizoram Central
and Arunachal Pradesh constituted under section 3 of Act 25 of
the Advocates' Act, 1961 ; 1961

(d) "cessation of practice" means removal of the name of an

Advocate from the State roll maintained by the Bar Council
on acc_ount of his retirement or on death or on grounds of

professional misconduct;

(e} "Committee" means the Assam Advocates' Welfare Fund

Committee constituted under section 4 ;

(f) "dependent" means wife. husband . father. tnother and

unmarried minor children or such of them as exist ;

(g) "Fund" means the Assam Advocates' Welfare Fund
constituted under section 3-;

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

(i) "member of the Fund" means an Advocate admitted to the
benefit of the Fund and continuing to be a member thereof
under the provisions of this Act ;

(j) "notification" means the notification published in the Assam
Gazette, and the word "notified" shall be construed accordingly ;

(k) "prescribed" means prescribed by rules made under this Act ;

(1) "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 ;


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564 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999

(m) "Fund Stamp" means the Assam Advocates' Welfare Fund
Stamp printed and distributed under section 18 ;

_I_

(o) "Vakalatnama" means a Valakatnama, memorandum of
appearance or by any other document by whitji an
Advocate or any other legal practitioner is empowered to
appear and plead .before any court, tribunal, authority or
person.

CHAPTER- II

CONSTITUTION OF ADVOCATES' WELFARE FUND :

Assam 3. (1) With effect from the commencement of this Act the State
Advocates' Government shall, by notification, constitute a Fund to be
**Welfare**

called the Assam Advocates' Welfare Fund .

. Fund~

                     - (2) There shall be credited to the Fund -

(a) all amounts collected under section 19;

(b) any contribution made by the Bar Council ;

( c} any voluntary donation or contribution made to the Fund
by the Bar Council of India, any Bar Assodation; any other·

association or institution, any Advocate or any other person;

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

Government or other authority to the Fund ;

( e) any sum borrowed under section 10 ;

(t) any profit or dividend received from the Life Insurance
Corporation of India in respect of policies of group
insurance of the members of the Fund ;


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i I

THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 565

(g) any interest or dividend or other return on any investment
made of any part of the Furtd;

(h) all sums collected under section 15 by way of application
fees, membership fee or other subscriptions and interest
thereon;

(3) The sums specified in sub-section (2) shall be paid to, or
collected by such agencies, at such intervals and in such
manner, and the accounts of the Fund shall be maintained
in such manner, as may be prescribed.

CHAPTER - III

ESTABLISHMEi'\T OF THE ASSAM ADVOCATES'

_J_ WELFARE FUJ\'D COMMITTEE

Corl!itilution 4. ( 1) The State Gmemment may, by notification. constitute with

ofthe effect from such Jale as may be specified therein a
Assam
Committee to be called the Assam AdHKates' Welfare
Advocates'
Welfare Fund Commit tee.
Fund

_C..ommittee._ (2) The Committe shall be a body corporate ha\·ing perpetual

succession and a common seal with power to acquire, hold
and dispose of property and shall by the said name, sue
and be sued.

(3) The Committee shall consist of -

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

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

(c) The Secretary to the Government of Assam, Legislative
Department, -Ex-officio member

(d) The Secretary to the Government of Assam, Judicial
Department -Ex-Officio member.


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566
THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 15, . 1999

. ( e) the Commissioner and Secretary to the Government of
Assam, Finance Department - Ex-officio member·

. '

(t) three other members of the Bar Council nominated by the
Bar Council from amongst its members other than ex-officio
members of the said Council - members ·

. '

(g) the Secretary to the Bar Council- Ex-officio Secretary of
the committee without having voting right ; .

(h) a practising Advocate of the State to be co-opted by the
other members of the Committee for a period of five years
and his term shall be co-terminus with the term of the Bar
Council-member.

(4) A member nominated from the Bar Council under clause (t)
of sub·-section (3) shall hold office for a term of five years
or for the term of his membership in the Bar Council,
whichever is less.

Disqualification 5. No person shall be nominated and continue as a member of
and removal or the Committee under clause (f) of sub-section (3) of section

nominated            -

member 4 [if ][he _ ]

(a) is of unsound mind and stands so declared by a competent
Court; or

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

( 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 practising on the ground of
professional or other misconduct; or

Central
(t) ceases to be an Advocate under the Advocates Act 25 or

Act, 1961.                     -                     - 1961


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TI-IE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 567

Resignation 6. ( 1) Any member nominated under clause (f) of sub-section (3)

and of section 4 by the Bar Council may resign his office by

casual giving three months notice in writing to the Chairman of
vacancy h C

                  - t e ommittee and on such resignation being accepted by

###### the Chairman, the said member shaJl be deemed to have
vacated his office.

(2) If any member nominated under clause (f) of sub-section
(3) of section 4, -

(a) becomes subject to any of the disqulifications mentioned
in section 5 ; or

_1._ (b) is absent without leave from the Committee for more than
three consecutive meetings of Committee, his seat shall
thereupon become vacant.

(3) A casual vacancy of a nominated member arising under

,,. sub-section ( 1) or sub-section (2) shall be fi1led in as soon
as possible in the same manner and for the same term or
duration as is mentioned in section 4.

Act of 7. No act done or proceedings taken, under this Act or the rules

Committee made thereunder, by the Committee shall be invalid merely

not to be
invalidated by reason of -

by
vacancy, (a) any vacancy or defect in the constitutiori of Committee;
defector or
ixngularity.

(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.

Vesting 8. The Fund shall vest in and be held and applied by the
and

,appli~tion             - Committee subject to the provisions and for the purposes

of Fund. . . of this Act.


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568 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999

~unctions 9. ( 1) The C<m:tmi.tt:ee shall atlminister the Fund .
. of

**Committre.**

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

                   - subject to the provisions of this Act and the rules made
thereunder. -

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

'

                  - " (b) hold the amounts and asse.ts belonging to the Fund in trust;

(c) receive applications for admission or re-admission to the
Fund and dispose of such applications within ninety days
from the date of receipt thereof;

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

1
nominee, dependents or legal representatives, as the case.

may be, for payment out of the Fund, and conduct such
enquiry as it deems necessary for 'the disposal of such
applications and shall dispose of the applications within
ninety qays from the date of receipt thereof;

?

( e) record in the minutes book of the Committee its decision
on the applications received under clause ( 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 applic~tion for

adrriission or readmission to the Fund or claims to the
benefit of the Fund ;

0                         -


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# -

THE ASSAM GAZETTE, EXTRAORDINARY, WNE 15, 1999 569

(i) appoint such officers and servants as it may think
necessary for carrying ollt the purposes of this Act on ·
such terms and conditions as may prescribed ; and

(j) do such other acts as are, or may be, required to be done
###### by itundcr thi~ Act and the rule~ m~dc thereunder.

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

                  - Advocates Association or Bar Association such direction
as, in its opinion are necessary or expedient for carrying
out the purposes of the Act .

Borrowing 10. ( 1) the Committee· may, with the prior approval of the State

:-ndestm. · Government and the Bar Council, borrow from time to
IDV ent
time any sum req~ired for carrying out the purposes of
this Act.

(2) The Committee shall deposit all moneys and receipts
forming part of the Fund in any Schedule Bank or invest
the same in loan to any corporation owned or controlled
by the Central Government or. the State Gov~rnment or
in loan floated by the Central Government or the State
Government or in any other manner as the Committee
may, from time to time· decide with the approval of the

State Government..

(3) All amounts due and payable under this Act and all
expenditure reiating to the management _and

                   - dministration of the Fund shall be paid out of the Fund.


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570 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 15, 1999

" 'l~}l · ... ~ ~ : ; t> 1 :•

        - Accounts 11.(1) The Committee shall keep and maintain books of

and accounts and other books in such form and in such manner
Audit.

as may be prescribed.

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

Chartered Accountant by the Bar Council.                -

(3) l)le_Accoumts of the Committee as audited by the Chartered

., ). . .

Accountant together with his audit report shall be forwarded
to the Bar Council by the Committee and the Bar Council
may issue such directions, as it deems fit, to the Committee
in respe~t threof.

(4) The Committee shall comply with the directions issued 'by
the Bar Council under sub-section (3).

(5) The Committee shall pay from the Fund the charges for the
audit.'

Powers 12. The Secretary of the Committee shall, -
and
duties          - r (a) be the Chief Executive Authority of the Committee and

Secretary .• responsible for carrying out it~ decisions ;

(b) represent the Committee in all suits and proceedings for
and against the Committe ; _0_

(c). authonticate by his signatures all decisions and
instructions of the Committee ;

(d) operate the bank accounts of the Committee jointly with
the Chairman of the Committee or his nominee ;

(e) convene meetings of the Commiq~e and record its
minutes;                - '

(f) attend the meetings of the Committee with all necessary

. records and information ;                 -

###### '
(g) maintain such· forms, registers and other records as may
be prescribed from time to time and do all correspondence

relating to the Committee ;                 -

(h) prepare an annual statement of business transacted by
the Committee during each financial year; and '

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

and the Bar Council.

###### I


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, ;

THE ASSAM GAZETTE. EX1RAORDINARY. WNE 15. · 1999

571

' '/~ ~ I _ )' . _ 1 f-=- _ : '~ I ~

CHAPTER - IV

RECOGNITION.AND REGISTRATION OF BAR

. ASSOCIATIONS

Recogni-
tion and 13.(1.) -.A~l ~ss~ciations of Advocate~ known by an name
reglstra- functl.?.1~ung in any court hea.d9uarter shall. before ! date to " '

be not:I_f1~d by the Bar Council m this behalf, apply to the Bar

.Uon of

Counc1~ m s_uch form as may be prescribed, for recognition

.\lar
Associa- and registration as a Bar Associarion under this Act . .
t.ion.

(2) Every application .for recognition and registration shall be
accompanied by the rules or bye-laws of the Association of
Advocates, names and addresses of the office bearers of the
said Association and alongwith an up-to-date list of its
members showing the names, ages, dates of enrolment and
the ordinary place of practice of such members.

(3) The Bar Council may, after such enquiry as it deems
necessary, recognise the said Association of Advocates as a
Bar Association and issue a certificate of registration in such
form as may be prescribed.

(4) The decision of the Bar Council regarding the recognition

:- and registration of a Bar Association shall be final.

Duties of 14.(1) Every Bar Association .shall, on or before the 15th April
Bar of every year, furnish to the Bar Council a list of its

As$ocla- members as on the 3 lst March of that year.
tlon.
(2) Every Bar Assoc_iation shall intimate to the Bar Council-

(a) any change of the office bearers of the Bar Association
within fifteen days from such change ;

(b) any change in the membership.including admission and
re-admission within thirty days of such change ;

(c) the ·death, retirement or . voluntary suspension of
practioner of any of its members within thirty days from the
date of occurrence thereof ; and

..


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572 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999

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

Council from time to time.

(3) Every Bar Association shall carry out the dh-ecJons g~ven

by the Bar Council or the Committee, as the case may be.

MEMBERSHIP OF FUND AND PAYMENT THEREFROM

Member- 15.(1) Every Adv~ocate practising in any court, tribunal or other .,
ship · of authority in the State of Assam may apply to the Committee
the Fund for admission as member of the Fund, in such form as may
and be prescribed.
payment ·
therefrom.

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

Committee shall make such enquiry as it deems fit and either
admit the applicant to the Fund or, for reasons to be recorded
in ~ting, reject the application :

;

Provided that no order rejecting an application shall

be passed unless the applicant has been given an opportunity
of being heard. .

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

hundred rupees to the account of the Committee alongwith
the application.                 -

(4) In the event of rejection of the application, the
application fee paid shall be refunded to the applicant.

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

Fund, he shall .pay to the Fund an amount of rupees one
thousand as membership fee either in one instalment or two
half yearly instalments of rupees five hundred each within
one year from th 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

membrship of the Fund, make a nomination conferring on
one or more dependents the right to receive the amount
which may be due to him from the Fund in the event of his
death before the amount has been paid to him. If a member

nominates more than one nominee, he shall specify in the
nomication the share payable to each of the nominees :


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.                                                                                                   - ~~ ,. .

THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 15, 1999 573

' '/~. '__ I J . - · i " ~-

Provided that a members may at any time .cancel a
nomination by sending a notice in writing to the ~ommittee
alongwith a fresh nomination ..

(7)                   - very member who voluntarily suspends practice or ·

###### retires, shall, within three months of such suspension or
retirement,.intimate that fact to the Committee, and if ,any

membet f~.ils to do so without sufficient reason, ;. the·

Committee, may reduce, in accordance with such principles .,
as may be_prescribed, th~ amount due to that member.

Paymen·t 16,(1) A member of the Fund shall, on ces.sation of p~actice, be

fr6m the          - · ·          - entitled to receive from and out of the Fund an amount at the

Fund on rate specified' in the Schedule. . ,
cessation
or prac- ·

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

tlce.

                 - as determine<;! by the Committee in the manner prescribed,

may also be' paid to t~e nominee or where there is ·no
nominee; to his dependents in addition to payment under .

                  - ub-section (1) .

###### . Explanation :- For the purpose of this sub-sectioq the word

"dependent" means any of the following relatives oCa "

deceased member, namely-               -

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

daughter or a widowed mother; and

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

                - ·time of his death, a son or a daughter who has attained the
. · age of 18 years and who is infirm.

(3) A member of the Fund may, optfor retirment benefits as

_enumerated in sub-section (I) at any time after ten years of

his admissi<?n as a i;nember of .the Fund; bi.lt he shall be

eligjble for re-admission as a new member to the Fund
subject to such conditions as may be prescribed :

. · . Provided that a member suffering from parmanent

disal;>le~ent shall be allowed to retire within ten years of his
adm1ss1on to the Fund. ·                -                -

. _I_

'''             - ( 4) . _For calculating the period of completed years of practice .·

for the P.urpose of paym~nt under this Act, every four years
of practice at the Bar, if any, before the admission of a

.• ' mem?er to the Fund, shall be computed · as one year of

practtce 3;nd. adqed to the number of years of practice after
~uch adm1ss1on.                 - · '


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574 THE ASSAW,,y,!\ZFTTE.JUµ'RAORDINARY. JUNE 15. 1999

                                                                                                 - ... ..:·                                                                                                  - ') _..: -_

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

admission to the Fund, his nominee or legal heirs, as the
case may be, shall be eligible to get an amount at the rate of
one thousand rupees per year of practice.'

(6) An application for payment from the Fund shall be
pref.erred to the Committee in such form as may be
prescribed. . .                   -

(7) An application received under sub-secti?n \6) .shall be

~isposed of by the Committee after such enquuy as It deems
necessary.

Restrlc- 17. (1) The interest of any member in the Fund, or the right of a

tion °0 . member or his nominee or legal heirs to receive any amount

alienation from the Fund, shall not be assigne~, alienated or charged

attach· and shall not be liable to attachment under any decree or

!!en,tnt!!~~t order of any court, tribunal, financial institutions or other
or member authority.

in the
Fund. ~2) No creditor shall be entitled to proceed against the Fund

or the interest therein of any member or his nominee or legal
heirs.

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

includes the Government or an official assignee or
receiver appointed under the Provincial Insolvency Central
Act, 1920 or any other law for the time being in Act IS or
force. ' I 9 2 o .

... ;

###### •


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THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 15. 1999 575

CHAPTER                - VI

PRINTING AND DISTRIBUTION OF STAMPS
, ..

Printing and 18. (1) The Committee shall cause to be printed and
distribution or distributed the stamps of the value of rupees three and six
stamps Committee. by the r~spectively inscrl~ thereon. with the Bar Council emblem :.                  - and its value ., ::., ..

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

and shall be sold by the Committee.

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

the Committee.

(4) The Committee shall control the distribution and

sale of the Fund Stamps through Bar Associations in
such manner and procedure as may be prescribed.

(5) The Committee shall keep proper accounts of the

Fund Stamps in such form and in such manner as may be
prescribed., .. .

(6) The Bar Associations shall purchase the Fund

Stamps from the Committee after paying the value
thereof less ten per cent of such value towards incidental
expenses.

Afflxatlon or 19. (1) Every vakalatnama filed shall be affixed with one

Fund Stamp.          - und Stamp of the value of six rupees in case of

vakalatnama filed in the High Court or a Tribunal, the
Assam Board of Revenue or any other quasi judicial
Authority and rupees three in all other cases in addition to
the required Court fee stamp and 110 vakalattfiuna shall be
filed before or received by any Court, Tribunal or other

authority or person unless it is so stamped :

'. Provided that the provision of this sub-section shall

not apply to any vakalatnama filed by or on behalf of the
Central or the State Government.

(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.                    - '

' 1 I ,. '

' L _.)_ . I } . I

_)_                                                                                                    - f

~t

tl                                                                                 - ""


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576 THE ASSAM GliilRTJlE. EXTRAORDINARY. JUNE 15. 1999

(3) Any contravention of the prov1s10ns of

sub-section (1) or (2) by any member of the Fund shall
disentitle him either in whole or in part to the benefits of
the fund and the Committee shall report such instances to
the Bar Council for appropriate action.

Cancellation or 20., Every Fund Stamp affixed on vakalatnama

Fund Stamps. under section 19 filed in any Court or Tribunal Central ., ::., . .
or before any other authority shall be cancelled Act 7 or
in the manner provided under section 20 of the 1870.
Court Fees Act, 1870.

I,

###### CIL\PTRU - VII.

MISCELLANEOUS

Meeting of the 21. The Committee shall meet, at least once in three
Committee. calender months or more often if found made necessary,

to transact business under this Act or the ru1es made
thereunder.

Manner or 22. (1) One third members of the Committee shall form
holding the meeting of the Committee.
meeting.

(2) The Chairman or in the absenc~ a member
elected by the members of the Committee present shall
preside over the meeting of the Committee.

(3) The meetings of the> Committee shall ordinarily

be held at the office of'the Bar Council.

(4) Any matter coming up before the meeting of the
Committee shall be decided by a majority of the votes of
the members present and voting at the meeting and in the
case of an equality of votes, the ChaVinan or the member
presiding over the meeting shall have a casting vote.

(5) The Secretary of the Committee shall not have a
voting right jn the meeting.

23. The members of the Committee shall be eligible to

Travelllng and
dally allowanc- get such travelling allowances and daily altov.:ances as
e$ to the mem- are admissible to the members of the Bar Council.
bers or the

           - Committee.


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THE ASSAM GAZETIE. EXTRAORDINARY. JUNE 15, 1999 577

Ex-gratla grant 24. The Committee, on an application submitted to it,
to a member or and after being satisfied about the genuineness of the
the Fund.

claim, .may allow ex-gratia grant to a member from the
Fund-

(a) in the case of hospitalisation or involving .major

surgical operation ; or

., '),· .

. -. (b) if he is suffering from tuberculosis, leprosy,

p~alysis, cancer, unsoundness of mind or from such
other serious diseases or disabilities.

Review 25. (1) The Committee may suo moto at any time or on

an application received from any person interested, , ·                 - h
within ninety days of the passing of any order under the
provisions of this Act, review any such order, if it was
passed by them under any mistake, whether of fact or of
law or in ignorance of any material fact :

Provided that the Committee shall not pass any

order adversely affecting any person unless such person
has been given an opportunity of making his
representation.                   -

Group-lire In- 26. The Committee may, for the welfare of the members
surance for

of the Fund-

members and
other benents.

                 - (a) obtain from the Life Insurance Corporation of

India, policies of Group Insurance for the members of
the Fund;

_.I_

(b) provide for educational facilities for the

members of the Fund and their dependents including an
insurance for that purpose ; or                   -

(c) provide for such other benefits and amenities as

may be prescribed.

Protection or

27. (1) No ~uit, prosecution or other legai proceeding

action taken In
good faith. shall he _agams_t any person for anything which is done in

good faith or intended to be done in pursuance of the
provisions of this Act or any rules made thereunder.

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

the Committee or the Bar Council for any damage caused


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i 1 :ii

I I ; :

11

578 TI-IE ASSAM GAZETIE. EXTRAORDINARY, JUNE 15. 1999

###### or likely to be caused by anything which is dorie in good . faith or jntended to be dori~ ·iri1pursuance of the

                   - proVisio,ns ofthis Act or any rules made thereunder. ,

Bar i>r Juris-. 28 .. No Civil Court shall have jurisdiction to settle,

diction of ·Clvll decide or deal with any •· questi9n or to determine. any
Courts. .             - atter which is by or under this Act require to be settled,·

                        - . . · decided or dealt with · or t0 be ·determined by the

                    - · ·.Co~ttee ot the .Bar Council. · , . '" .                    - ., ). . .

##### ..

Power .to sum- .. 29.· The Committee and':ihe Bar Council s'hall.

:;;'ci t;:;.k~ .. ~~: ·for the. purpose                - of any enqujry under this Act, Centr2'l

ldence. have the same powers as are vested in a Civil Acts of
Court while . trying a suit under the Code of 1908. ~ ···                  -

Civil Procedure 1908 in respect of the following

_i_ matters, namely:~

I

.. (a) enforcing the attenda.nce 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 ./
withensses.                    -

               - Appeal · against 30.(1) An appeal against any.decision or order of the

~:~!:h.t:!. the Committee s·hall lie to the Bat Council. .The appeal .shall .. '
. be in the prescribed fonri and.shall b~ accompanl.ed with .

                  - Copy of decision appealed against. The appeal shall be

filed, within thirty days fro.m th~ ·date of the receipt of the

. order appealed against.                     -

, ·' , ·(2) Any appeal p~feued under sub-section(l) shall
be !ieard and disposed of ii1 such·mannet and procedure

                    - . as may be prescribed. ·

_s-._                         - .,. .· .· (3) The decision of the. Bar Council on appeal shall .

..                                                                               - :· be>final. .·· .~·.                                                                               - .                                                                               -                                                                               -

' .

Power, to · 31. (l)' The State Government may, by notification, on '

. a'mend the ·

Scbedu~e. · · .th.e recommendation of the Committee and haviiig due

. regard. to the availability of the amount in the- Fund,

                    - amend the rates specified in the ~chedule.. . .                    -

. • ,.

###### ..


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~ THE ASSAM GAZETIE. EXTRAORDINARY. WNE 15. 1999 579

(2) Every notification issued under this section
shall, as soon as possible after it is issued, be placed on
the Table of the Legislative Assembly and if before th~

               - e~piry of the session in which_ it is so placed or the next

,,.· session the Assembly makes any modification in any

_sue~ 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 prejudke to

the validity of anything previously done under. that
notification.

Power to make 32. (1) The State Government may, by notification in.the
rules. Official Gazette, make rules for carrying out the purposes

of this Act.                 -

_ _(2) All rules made by the State. Government under

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

faid before the State Legislature, while it is in session,
for a total period of not less than fourteen days wrich
may be comprised in one session or two or more
successive sessions,, and shall, unless some later date is
appointed take effect from the date of their publication in
the Official G.azette subject to such modifications or .
annulments as the Legislature may, during the said
period agree to make, so however, that any such
modification or annulment shall be without prejudice to
the validity of anything previously done' thereunder.

_)_ .


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SCHEDULE (See section 16)

?·Years: Standing

Rs.15,000.00

###### 6. Years:· Standing

Rs.16,000.00

###### 7. Years: Standing

Rs.17,000.00

8. Years: Standing

Rs.18,000.00

" 9. Years : Standing

Rs. I 9,000.00 ·

10. Years: Standing

Rs.20,000.00

11. Years : Standing

Rs.21,000.00

12. Years: Standing

Rs.22,000.00

13. Years: Standing Rs.23,000.00
14. Years: Standing

Rs.24,000.00

15. Years: Standing Rs.25,000.00
16. Years: Standing Rs.26,000.00

_-11._ Years: Standing Rs.27 ,000.00

18. Years: Standing • Rs.28,000.00

19. Years: Standing . Rs.29,000.00

I

20. Years : Standing Rs.30,000.00

### ' 21. 22. Years: Years: Standing Standing Rs.34,000.00 Rs.32,000.00

23. Years: Standing Rs.36,000.00
24. Years : Standing Rs.38,000.00
25. Years: Standing Rs.40,000.00
26. Years : Standing Rs.42,000.00
27. Years: Standing Rs.44,000.00

I

28. Years : Standing _,·· ,,: _ Rs.46,000.00_
29. Years: Standing Rs.48,000.00
30. Years: Standing or above Rs.50,000.00

M. K. DEKA,

Secretary to the Govt. of Assam

Legislative Department.

GUWAHATI - Printed & published by the Dy. Director (P&S), Directorate of Ptg. &

Sty., Assam, Guwahati-21 (Ex-Gazette) No. 149-500-6000-15-6-99.


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