practice,shall be paid to him on cessation
of practice due to reason other than death 'and to his nominee or where there
is no nominee, to his legal heirs, if the cessation of practice is due to
death.J1
(2) In the event of the
death of a member, the amount shall be paid to his nominee
or, where there is no nominee, to his legal dependents or heirs in equal share. 2[(3) xxxm 2
(4) For
calculating the period of completed years of practice for the purpose of
payment under this Act, every four years of practice at the Bar, if any, before
the admission of a member to the Fund shall be computed as one year of practice
and added on to the number of years of practice after such
admission.
3[Provided that while, calculating
the period of completed years of practice for the purpose of payment under this
Act, the fraction of three months and more before admission, and fraction of
six months and more after admission shall be treated as one full year:
Provided further that the period of suspension of practice
as a result of misconduct under section 35 of the Advocates Act, 1961 (Central
Act 25 of 1961) shall be excluded for the purpose of calculation of the period
of completed years of practice.)3
4[xxxt
Provided
that lumpsum amount shall not be paid to a member,
who has voluntarily suspended and resumed practice for purposes of either
employment, avocation or business, or who had been enrolled as an Advocate
either on retirement or dismissal from service or employment or who enrolls as an
Advocate after the age of forty yearst 1 [or who
is transferred from other States to theroll
of the Kamataka State Bar Council after the age
of forty years] 1. 6[However such member shall be paid from out of the fundan amount at the rate of rupees two thousand for every completed year of practice on the roll of the Kamataka
State Bar Council]
Provided
further that a Member shall not be eligible to claim amount under this Act on
cessation of practice arising out of voluntary retirement within ten years from
the date of admission to the Fund"
i, Inserted by Act 15 of 2005 w.e, f. 1,6.2005."
2, Omitted by Act
21 of 1993 w.eJ , 0204.1997.'
Inserted by Act 21 of 1993 w.ef 02.04.1997./
4.P:'rd Proviso insertE .>d by A.cl 18
uf 2002 IV" 1. 1504.2005 and omitted by A.ct'! 5 of2(1) 5 ..5. Substituted by Act 21 of 1993 w.e.f
02.04.1997....
6. Substituted by Act 18 of 2002 w.e !.15.042005'"
71nserted by Act 6 of 1996 we.!.02.04.1997.'"
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