ADVOCATE WELFARE FUND INFORMATION

Though the profession of Lawyers has a known recorded history of more than 300 years, there was no scheme of pension, welfare fund or retirement benefits. Lawyers have remained a most unorganized sector . Probably except individual LIC polices there was no other planned savings for the family. Even otherwise not even 10% of lawyers are found to have made wise investments during their good periods. It was so because all along the lawyers came from traditional agricultural families and the professional income was only additional. But the scenario has changed entirely for the last 50 years where the lawyers are dependent on the profession only for their livelihood and family has no other source to fall back. 

It is only in 1980 onwards feeble efforts were undertaken to provide some assistance to the family of a lawyer on his death. In the State of Uttar Pradesh, Advocates Welfare Fund Act, 1974 was enacted w.e.f. 17.4.1974. It was followed by enactments in the following States.

Bihar : 5.11.1984
Karnataka : 1.11.1986
Andhrapradesh : 4.8.1987
Tamilnadu : 10.1.1990
Kerala : 1.6.1991

In Karnataka, Karnataka Advocates Welfare Fund Act, 1983 ( Act 2/1985) was brought into force w.e.f. 1.11.1986. The Welfare Fund is a fund constituted by the Government under Section 3 of the Act. It is a statutory Trust. The said Act was made compulsory with effect from 2nd April, 1997. From time to time the said Act is amended. The recent amendment came into effect from 12th June, 2018.

The Fund is managed by a Trustee Committee constituted under Sec. 4 of the Act.

Trustee Committee consists of :

1. Chairman of the Bar Council – Ex-officio –Chairman
2. Vice-Chairman of the Bar Council – Treasurer
3. Three members nominated by the Bar Council
4. Two members nominated by the Government
5. Advocate General
6. Law Secretary
7. Secretary of the Bar Council – Ex-officio Member

The salient features of the said amendment is as follows:

Sl. No. PARTICULARS AMOUNT
1 ADMISSION FEE 2100
2 SUBSCRIPTION (Sec. 15 (4) (a)
a. Less than 15 years
b. More than 15 years
From 1st January to 31st December every year.
Subscription cannot be paid for the previous years 2010- 2017.
1000
2000
3 LATE FEE ( Sec. 15 (4) (b) 100/- p.m. within June,
4 LIFE TIME MEMBERSHIP
(More than 15 years of Practice)

LATE FEE is applicable to those who wish to take
Life Membership from January to June at the
rate of Rs. 100/- p.m.

25,000/-
5 LIFE TIME MEMBERSHIP

(Those who have already paid Rs. 15000/- within
11.6.2017)

These Advocates can pay Subscription of Rs.
1000/- every year till they pay the difference
amount of Rs. 10000/-

The above Advocates should also pay a late fee of
Rs. 100/- p.m. till they pay the difference amount
of Rs. 10000/-

10000/-
6 Vakalath (Sec. 23 (1)
i. High Court
ii. Any Court other than High Court including Tribunals / Authority
iii. IA

50
30
20
7 Designated Senior Advocates Contribution every year
(Sec. 23 A (1)
10000
8 Late Fee for Contribution paid by Senior Advocate 100 p.m.


DETAILS OF CLAIM BENEFITS
Sl. No. Types of Claims Amount Rs.
1 DEATH CLAIM :
i. Not exceeding 15 years of practice
ii. Exceeding 15 years but not exceeding 35 years
iii. Above 35 years of Practice

4,00,000
6,00,000
8,00,000
2 RETIREMENT CLAIMS:
I. Voluntary Retirement at the age of 75 years or 50 years of practice
i. Not exceeding 15 years of practice
ii. Exceeding 15 years but not exceeding 35 years
iii. Above 35 years of Practice
II.Permanent Disability – Totally incapable from practice duly
certified by District Surgeon – Above Slab applicable

4,00,000
6,00,000
8,00,000
3 MEDICAL CLAIM
Applicable on completion of 65 years of age, 2o years of
practice & 12 years of membership & deductable from
Death / Retirement Claim.

1,50,000
4 FINANCIAL HARDSHIP
Applicable only to Advocates on completion of 5 years from
Membership and deductable from Death / Retirement Claim

Maximum Amount

1,50,000
5 CALCULATION CLAUSE (Death & Retirement Claims)

Applicable for Advocates
I. Enrolled after the age of 40 years
i. Membership after the age of 40 years on or after 6.8.2010
ii.Voluntarily suspended practice for a period exceeding three years.
iii.Membership on or after 1.8.2000 and has attained the
age of 60 years.

Every completed year of practice
Maximum Amount
10,000
3,00,000



IMPORTANT NOTE : An amount of Rs. 10000/- will be deducted for each year of non payment of subscription.

Even though the Welfare Fund is an Act organized by the State Government but supervision and control of the said Fund is under the control of Karnataka State Bar Council. On the orders of the Trustee Committee, all the types of claims are settled and disbursed out of all the amounts collected from sale of stamps, grant amount received from the Government, Admission Fee, subscription etc. paid by the Advocates are directly credited to Welfare Fund Account.