Payments from the Fund on cessation of Practice

§17

Summary

(1) A member of the Fund who completes a period of five years' practice after he becomes member of the Fund shall, subject to the provisions of this Act, be entitled on cessation of practice to receive out of the Fund an amount corresponding to the number of years of his standing at the rate specified in the Schedule. Explanation.--(i) For the purpose of calculating the number of years of standing of a member of the Fund for the purpose of this sub-section, every four years' practice as an advocate before the admission of a member to the Fund shall be counted as one year's standing and every year of practice over and above four years before such admission shall be counted equivalent to three months' standing and the total number of years of standing so counted shall be added to the number of years of practice after such admission. (ii) The period during which a member of the Fund remained under suspension shall not be considered for the purpose of counting the years of standing: 1[Provided that a member shall be entitled to claim an amount of Rs. 500/- for a fraction, if any, remaining after dividing the number of years of practice by four as per Explanation (i) 2[:] 3[Provided further that in the event of death of a member the sum payable under this sub-section shall be the amount as specified in the Schedule or 4[rupees two lacs fifty thousand] whichever is higher: 5[Provided also that the provisions of second proviso shall not be applicable in respect of a member who is admitted or readmitted after the age of forty five years :] Provided also that the member admitted to the Fund after the commencement of the Rajasthan Advocates Welfare Fund (Amendment) Act, 2003 (Act No. 9 of 2003) shall not be entitled to the benefit of Explanation (i).] (2) In the event of death of a member of the Fund, the amount to which the member was entitled shall be paid to his nominee, or where there is no nominee, to his dependents and in absence thereof, to his legal heirs subject to their obtaining a succession certificate from the competent court. 1[(3) The amount payable as per sub-sec. (1) can be claimed after completion of fifteen years practice as an advocate or on attaining fifty years of age, whichever is 6[later], but the member will have to seek retirement as an advocate and shall not be entitled to be enrolled as an advocate and to become member of the fund.] 6[Provided that a member suffering from permanent disablement shall be allowed to draw the amount before com-pleting fifteen years of membership or fifty years of age or, as the case may be, both.] (4) An application for payment of the amount from the Fund admissible to a member shall be made by him to the Trustee Committee in such form as may be prescribed. In the case of a member who voluntarily ceases to be in practice (otherwise than on account of his death) within five years of his admission to the Fund, he shall be entitled to the refund of the annual subscription paid by him under sub-sec (5) of Section 16 on his making an application therefor in such form as may be prescribed. (5) An application received under sub-sec. (3) or sub-sec.(4) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.

(1) A member of the Fund who completes a period of five years' practice after he becomes member of the Fund shall, subject to the provisions of this Act, be entitled on cessation of practice to receive out of the Fund an amount corresponding to the number of years of his standing at the rate specified in the Schedule. Explanation.--(i) For the purpose of calculating the number of years of standing of a member of the Fund for the purpose of this sub-section, every four years' practice as an advocate before the admission of a member to the Fund shall be counted as one year's standing and every year of practice over and above four years before such admission shall be counted equivalent to three months' standing and the total number of years of standing so counted shall be added to the number of years of practice after such admission. (ii) The period during which a member of the Fund remained under suspension shall not be considered for the purpose of counting the years of standing: 1[Provided that a member shall be entitled to claim an amount of Rs. 500/- for a fraction, if any, remaining after dividing the number of years of practice by four as per Explanation (i) 2[:] 3[Provided further that in the event of death of a member the sum payable under this sub-section shall be the amount as specified in the Schedule or 4[rupees two lacs fifty thousand] whichever is higher: 5[Provided also that the provisions of second proviso shall not be applicable in respect of a member who is admitted or readmitted after the age of forty five years :] Provided also that the member admitted to the Fund after the commencement of the Rajasthan Advocates Welfare Fund (Amendment) Act, 2003 (Act No. 9 of 2003) shall not be entitled to the benefit of Explanation (i).] (2) In the event of death of a member of the Fund, the amount to which the member was entitled shall be paid to his nominee, or where there is no nominee, to his dependents and in absence thereof, to his legal heirs subject to their obtaining a succession certificate from the competent court. 1[(3) The amount payable as per sub-sec. (1) can be claimed after completion of fifteen years practice as an advocate or on attaining fifty years of age, whichever is 6[later], but the member will have to seek retirement as an advocate and shall not be entitled to be enrolled as an advocate and to become member of the fund.] 6[Provided that a member suffering from permanent disablement shall be allowed to draw the amount before com-pleting fifteen years of membership or fifty years of age or, as the case may be, both.] (4) An application for payment of the amount from the Fund admissible to a member shall be made by him to the Trustee Committee in such form as may be prescribed. In the case of a member who voluntarily ceases to be in practice (otherwise than on account of his death) within five years of his admission to the Fund, he shall be entitled to the refund of the annual subscription paid by him under sub-sec (5) of Section 16 on his making an application therefor in such form as may be prescribed. (5) An application received under sub-sec. (3) or sub-sec.(4) shall be disposed of by the Trustee Committee after such enquiry as it deems necessary.

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