The presentation has its roots in advocate welfare committee of Bar Council Of India which comprise of the concept "Advocates welfare fund Act, 2001"

1. PROFESSIONAL ETHICS
“ADVOCATES WELFARE FUND ACT, 2001”
BY: PRAGYA KUMAR
AMITY LAW SCHOOL NOIDA
BATCH: 2019-2022

2. INTRODUCTION
The Advocates Welfare Committee examines the applications made by
advocates through the various State Bar Councils for welfare funds. The
Committee shall validate the application and distribute the funds. The
Advocates Welfare Committee has the authorization of the Advocates Welfare
Fund Act , 2001. The State Bar Council shall pay to the Fund, on an annual
basis, an amount equal to twenty per cent of the enrolment fee received by it
from the advocates as given under Section 24 (1) (f) of the Advocates Act,
1961 which sates that they need to pay an enrollment fee of Rs. 600 to the
respective state bar council and Rs. 150 to the bar council of India. These
payments should be made using separate demand draft,

3. ADVOCATES' WELFARE FUND ACT, 2001
This Act came into effect on 14 September 2001. It applies to the
whole of India, except in those states which already have their own
state welfare fund act in place.
The legislation on the welfare fund of advocates, 2001 is specifically
intended for the welfare of advocates. There is a fund set up for the
benefit of the advocates. This is simply a mixture of rules , laws and
ideals that are created for the good of the advocates.

4. CONTD.
The Act explains how the fund is made, who makes it, and which the
act refers. Furthermore, the act also clarifies how the protection of the
advocates is handled and to what degree it is relevant.
The Advocates' Welfare Fund shall be composed of State Governments
for the advocates admitted to the Bar Councils of the respective States
and of the Central Government for the advocates admitted to the Bar
Councils of the Union Territories.

5. HOW IS THE WELFARE FUND SHAPED FOR
ADVOCATES?
First, this fund is created by the government according to Section 3 of the Act. Then
the fund should be credited.
1) Any amount which is 20% of the enrolment fee received by the State Bar Council.
2) Any other contribution from the State Bar Council.
3) Any voluntary donation or contribution by the Bar Council of India, any State Bar
Association, any State Advocates' Association or any other association or institution,
or any advocate or other person to the Fund.
4) Any grant that may be made to the Fund by the Central Government or a
Government of a State
5) Any amount borrowed from the State Bar Council

6. CONTD.
6) Amount of all members' application fees to the fund
7) An annual Rs 50 subscription collected from each member who is
not a senior lawyer and Rs 1000 from senior lawyers
8) Any amounts received from India's Life Insurance Corporation or
any other insurer on the death of any member of the Fund
9) Any interest, dividend or other return on any investment arising
from any portion of the Fund
10) All amounts earned from stamp sales.

7. ADVOCATES WELFARE FUND
STAMPS
Sections 26 and 27 of the Act deal with the different rules relating to the Welfare
Fund Stamp for Advocates. Section 27 of the Act specifies that each advocate affix a
stamp of a value ranging from Rs 5 to Rs 25 on each Vakalatnama he files.
The value of the stamp to be appended will depend on the character of the court
where the Vakalatnama was filed. (A) five rupees for each Vakalatnama filed by him
before a District Court or a court inferior to the District Court; (b) ten rupees for each
Vakalatnama filed by him before a tribunal or other authority or a High Court or the
Supreme Court;

8. SOURCES OF INCOME REPRESENTED BY THE
ADVOCATES WELFARE FUND
 Pursuant to Section 3(1) of the Act, the Central Government of India has established an
Advocates Welfare Fund to vide its notification in the official gazette.
 Section 3(2) provides that the balance in this fund is credited to different sources, mentioned
below:
1. The State Bar Council is expected to pay an sum equal to twenty-five per cent of the enrolment
fee it earns in this fund annually under SECTION 15
2. The Bar Council of India, any State Bar Association and any State Advocates' Association will
contribute voluntarily to this fund portion under SECTION3(2)(C)
3. Any contribution to this fund from the central government or the state government under
SECTION 3(2)(D)
4. Even the trustee committee can remove the money from this fund with the prior approval of the
government or state bar council concerned.
5. An application fee of Rs 200 collected from every applicant at the time of application for
membership to the fund under SECTION 18(4)

9. CONTD.
6. An annual Rs 50 subscription received from each member who is
not a senior advocate under SECTION 18(5)
7. An annual Rs 1000 subscription received from each member who is
a senior advocate under SECTION 18(5)
8. Any amount earned on the death of any member by the Life
Insurance Corporation of India or by any other insurer.
9. Any proceeds or dividends or refunds earned from India's Life
Insurance Company or any other insurer.
10. Any interest or dividend or other return on any investment derived
from any portion of the fund

10. FORMATION OF TRUSTEE COMMITTEE
 The Trustee Committee shall consist of the following as referred to in Section 4 of
the Advocates' Welfare Fund Act, 2001 :
1. The Advocate General of a state or in the absence of an advocate general, the
appropriate government may appoint a senior advocate to be the chairperson.
2. The secretary in its Law department to be a member.
3. The secretary in its Home department to be a member.
4. The chairman of the State Bar Council to be a member.
5. The Public Prosecutor or the government Pleader to be a member.
6. Two advocates nominated by the State Bar Council.
7. The secretary of the State Bar Council to be its secretary.

11. ROLE & FUNCTIONS OF THE TRUSTEE
COMMITTEE
1. The book of minutes allows the trustee committee to report its decisions on the
applications.
2. To keep in trust the sums and properties that belong to the fund
3. To accept the applications or to renew the applications as members of the fund and to
dispose of them within 90 days of the date of receipt
4. The Committee shall make payment from the fund and perform such interrogations
with each and every member as it considers necessary.
5. They are required to submit to the appropriate government and the State Bar Council
such periodic and annual reports as may be prescribed.

12. MEETING OF THE TRUSTEE COMMITTEE
Three members of the trustee committee shall form the
quorum for a meeting and meet at least once in every three
calendar months and at least four such meetings shall be held
each year for the purpose of transacting business under this
Act and the rules laid down therein.

13. TENURE OF THE MEMBERS OF THE TRUSTEE
COMMITTEE
The elected Chairperson shall hold office for a term not
exceeding three years from the date on which he occupies his
office.
Each Trustee Committee member shall hold office for a term
not exceeding three years from the date on which he enters
office.

14. DUTIES OF THE STATE BAR ASSOCIATIONS
AND STATE ADVOCATES ASSOCIATIONS
 The duties are-
• On the 15th day of April of each year, each State Bar Association and State Advocates'
Association shall present a list of its members to the State Bar Council as it was on the 31st
of March of that year.
• Each State Bar Association and State Advocates' Association shall notify the State Bar
Council that- (A) any change of membership, including admissions and re-admissions
within thirty days of transition (B) the death or other termination of practice or voluntary
suspension of practise by any of its members within thirty days.

15. HOW CAN A PERSON BE THE MEMBER IN
THE WELFARE FUND?
 Any lawyer practicing in any court, tribunal or other jurisdiction in a State and
being a member of a State Bar Association or a State Advocates' Association in
that State shall apply to the Trustee Committee for admission to the Fund within
six months.
 Every applicant shall pay an application fee of two hundred rupees along with the
application to the account of the Trustee Committee. Every advocate, being a
member of the Fund, shall pay an annual subscription of fifty rupees to the Fund.

16. REMOVAL OF MEMBER OR CHAIRMAN OF
TRUSTEE COMMITTEE
 The responsible government shall exclude any person who has been declared
insolvent or who has become physically or mentally incapable of serving as
chairman or member or who has been convicted of any offence that is immoral.
 Or any person who is absent without leave from the Trustee Committee for more
than three consecutive meetings of the Trustee Committee Provided that the
Trustee Committee can, on appropriate grounds, approve the absence of such
Chairman or Member.

17. WHETHER ANYONE ELSE SHOULD OBTAIN
THE AMOUNT?
According to Section 22, the interest of any member in the fund or the
right of the member in the fund or the applicant or legal heir to obtain
any amount from the fund shall not be delegated, disallowed or
charged and shall not be liable for attachment under any decision or
order of any court, tribunal or other authority and it has also been
specified that no creditor is entitled to proceed against the fund or the
interest therein of any member or legal heir.

18. PERSON WHO ARE NOT ELIGIBLE FOR
BENEFITS PROVIDED BY THE FUND?
No senior advocate or person earning a pension from the
Central Government or the Government of the State shall be
entitled to an ex gratia grant pursuant to [Section 19] or
payment of a sum for the termination of his practise pursuant
to [Section 21] or any other benefit.

19. COVID-19 AND WELFARE TRUST
 The KSBC(Karnataka State Bar Council) had setup a welfare fund under the Karnataka
Advocates’ Welfare Fund Act 1983.
 About 1 lakh advocates are enrolled with the KSBC.
 At the time of enrollment, an advocate pays ₹2,100 towards the fund.
 Someone with less than 15 years of practice pays an annual subscription of ₹1,000.
 those above 15 years pay ₹2000.
 In addition, ₹50 and ₹30 are paid while filing valakat before the High Court and other
courts respectively in each case and ₹20 while filing interim application.
 A petition by advocate H.C. Shivaramu, former Chairman of the Karnataka Bar Council,
seeking release of ₹50,000 to each advocate is coming up for hearing before the High
Court on May 5.
 as per the Act the welfare funds can be used in case of the death of an advocate, for
medical relief in case of serious ailment, and when a senior advocate ceases to practice.
The Act needs to be amended to help advocates in distress now

20. VAIBHAV SHARMA VS ADVOCATES
WELFARE TRUST
 Rs. 1 crore approved for indigent lawyers irrespective of whether they have
COVID-19: Advocates Welfare Trustee Committee tells Delhi HC
 The Court was hearing a petition by Advocate Vaibhav Sharma seeking the instant
release of an ex gratia amount of at least Rs 25,000 from the Advocates Welfare
Fund, for the benefit of Delhi lawyers during the COVID-19 pandemic.
 The Court was informed that a decision had been taken by the Trustee Committee
to extend financial relief to advocates who are facing financial troubles,
irrespective of whether they have been infected by COVID-19.
 It was added that a sum of Rs 93 lakh was released by the Bar Council of Delhi in
favour of the Welfare Trust.
 The process of inviting applications for the release of financial assistance would
begin soon and that the money would be transferred through online mode.

21. K.N. ANIL KUMAR V. BAR COUNCIL OF
INDIA (WA. NO. 422 OF 2020)
 This judgement came as an appeal from the judgement made by a single judge bench in the
High Court of Kerala. The matter was regarding the Bar Council of India having sufficient
power under the Advocates Act 1961, Kerala Advocates Welfare Fund Act 1980, and the
Kerala Advocates’ Welfare Fund Rules 1981, to conduct an enquiry into any irregularities
with funds worth Rs. 7 Crores, allegedly committed by members of the Trust Committee of
the Bar Council of Kerala.
 As per section 7 (1) of the Advocates Act, the Bar Council must safeguard the rights,
privileges and interests of all Advocates (sub-section d), must supervise and maintain
control over the State Bar Councils (sub-section g) and may do all things necessary to
discharge its functions (sub-section m). Section 12 (3) of the Advocates Act mandates that
every State Bar Council must send its accounts and auditors report to the Bar Council of
India. Since the fund for the State Bar Council is constituted under the Advocates Act, the
High Court found that the harmonious reading of section 7 would allow the Bar Council of
India to enquire into any allegations of misappropriated funds.

22. RAJASTHAN ADVOCATES WELFARE FUND
BILL PASSED
 On 8th March 2020 the Rajasthan assembly passed a bill for the Advocates welfare
fund.
 The provision which was unanimously consented by all lawmakers is the increase
in compensation from Rs 2.5 lakh to Rs 8 lakh for the families of the deceased
lawyers below 45 years of age.
 A major point of opposition was raised by the minority of the house as the bill
stated 7 lakh Rs as the upper limit for compensation but it stated it as 8 lakhs. This
was further resolved by the majority as the amount was adjusted for inflation
further.
 It has been sent to the SC for review and further scrutiny.