STATEMENT OF OBJECTS & REASONS
The Members of the High Court Bar Association are indispensable part of the justice delivery system. They work indiscriminately. irrespective of caste. creed and religion to uphold the constitution, the rule of the law and to earn high dignity of judiciary in the public esteem catering to the needs of the Society. In spite of owing social. moral. legal responsibility they are to lead an insecured life due to lack of adequate welfare measure at their need. This is an attempt to show beacons light and to give some amount of solace to a deserving member by- providing assitance at his need by creating welfare fund of the Association. It is found that the provisions for welfare of the Advocates have been made by the State and Bar Councils are not sufficient. Therefore. in addition to the same, the present Scheme is prepared to provide assistance to the members of the High Court Bar Association which includes Advocates and Staffs of the Association in order to lead a decent life with dignity.
In order to achieve this object, the members of the High Court Bar Association in its• General Body meeting held on 11.08.2004 unanimously decided to formulate a Scheme so that the members shall be secured to some extent with minimum benefit to meet the basic requirements at the time of dire necessity. For the purpose, it is decided in Ihe said meeting to Float funds and create corpus for the purpose of welfare of the members and to formulate a Scheme for proper utilization of the said Fund.
1.Short title, extent and commencement -
(i) The Scheme shall be called "The High Court Bar Association Members Welfare Scheme, 20 I0".
(ii) It extends to the active Members of the High Court Bar Association as provided under Clause 2 of the bye-law of the Bar Association, the practicing Advocate and Employees/staff of the High Court Bar Association as defined under Clause 2(1) of the Scheme.
(iii) The Scheme shall come into force on such• date as the High Court Bar Association by resolution appoint on this behalf and notify the same in the Notice Board of the Bar Association.
In this Scheme, unless the context otherwise requires,
(a) "Act" means Advocate's Act, 1961.
(b) "Active Practice" means carrying on profession of an Advocate.
(c) "Advocate" means Advocate on the role maintained by the High Court Bar Association and in active practice includes ordinary member. life member and honorary member as per Clause-2 of the Bye-law of the Bar Association.
(d) "Advocate Welfare Fund" or "Fund" means, the fund constituted under Clause-3 of the Scheme.
(e) "Bar Association" means Orissa High Court Bar Association, Cuttack.
(f) "Bye-law" means bye.-Iaw of Orissa High Court Bar Association as existing and amended from time to time.
(g) "Cessation of Practice" means removal of name of' an Advocate from the Orissa High Court Bar Association Role maintaincd by the Association on account of his/her death or retirement or voluntary cessation on the ground of permanent physical or mental disability.
(h) "Disabled Advocate" means an Advocate who on account of any illness or any physical or mcntal inlirmit)' and "ho is in the opinion 01' the 'elLlre Committee is in need of financial assistance.
(i) "Dependants" means wife, husband, father and mother, if they are other'wise not able to sustain themselves, and unmarried minor children.
(j) "Executive Committee" means Executives of the Ohssa High Court Bar Association in the office includes Member as per Clause 6( 1) of the bye-law.
(k) "Family" means Advocate's wife or in case of female, her husband or her minor children or aged parents, actual dependants for maintenance.
(I) "Menlber" means Member of The High Court Bar Association Roll as an Advocate.
(m) "Retirement" means, stoppage of practice as an Advocate, communicated or recognized by the Welfare Committee.
(n) "Serious ailment" means, ailment of senous nature as certified by the Specialized Doctor and accepted by the Welfare Committee.
(0) "Suspension of Practice" means, Voluntary suspension of practice as an Advocate or suspension by the disciplinary authority of Association or Bar Council for misconduct.
(p) "Stamp" means, High Court Bar Association Welfare Fund Stamp printed. and distributed under Clause 12 of the Scheme or by way of affixture on the Vakalatnama/Memo of Appearance ..
(q) "Welfare Committee" means. the Committee constituted as per Clause 4 of' the Scheme.
(r) "Advisory Committee" means, Committee established as per Clause-6 of 'the Scheme.
(s) "Vakalat" means. Vakalatnama and includes memorandum of appearance or any other document by which an Advocate is empowered to appear or plead before High Court of Orissa.
CONSTITUTION OF WELFARE FUND
3. Advocates' Welfare Fund -
(i) With effect from the date of formation of the Committee under Sub-clause (i) of Clause -4, there shall be constituted fund called "Advocates Welfare Fun
(ii) There shall be Corpus of the Fund -
(a) All sums collected by way of sale/affixture welfare fund stamp.
(b) Any interest or dividend pr other return or any investment made out of any part of the Fund.
(c) Any amount that may be received by as donation or contribution from any other source, be it, individual, governmental, private and any other source. etc.
(iii) The sums specified in Sub-Clause
(ii) shall be paid to and collected by the Welfare Committee and the account of Funds shall be maintained and operated in a manner prescribed under the Scheme.
4. Constitution of Advocates Welfare Committee-
(i) There shall be an Advocates Welfare Committee consisting of not less than nine members, out of which-
(a) President and Secretary of the High Court Bar Association shall he exofficio Members.
(b) Two Senior Advocates of the Bar having active practice.
(c) Two practicing Advocates of the Bar having more than 20 years of practice.
(d) Two practicing Advocates having practice within 15 years.
(e) One lady practicing Advocate of the Bar.. Excepting sub-clause (a) of Clause (i) all other' Members from Clauses (b) to (e) shall be nominated/selected by the General Body of the Association. If the General Body will not be in a position to select----Executive Committee of Bar Association will nominate. The President of the High Court Bar Association being the ex-oflicio Member shall be the ex-officio Chairman of the. Welfare Committee and shall preside over the meeting of the Committee. In his absence. any other Senior Members of the Committee shall preside over the meeting. The Secretary of the Bar Association being the ex-orticio Member. shall be the Convenor of the said Committee.
(v) The term of the Members of the Committee shall be two years.
(vi) Before expiry of 90 days the term of two years of members of such Committee. the new Members will be selected/nominated by the 2/3rd majority of the Members of the Executive Committee of the Association.
(vii) The, Members of the said Committee cannot be selected or nominated for more than two consecutive terms,
(viii) A person shall be disqualified for being nominated/selected or continued as a Member of the Committee if he/she.
(a) Becomes of unsound mind,
(b) he/she remains absent without leave of the Committee for more than three consecutive meetings of the Committee,
(c) Is convicted by a Criminal Court for an offence involving moral turpitude unless such conviction has been set aside or in case of an Advocate removed from the role of the High Court Bar Association for whatsoever reason,
(d) If ceased to be Member of the Bar Association,
(ix) Any member selected/nominated under this Clause may" resign' by giving notice in writing to the president of the High Court Bar Association and on acceptance of his resignation, by the Welfare Committee, he Ishe shall he deemed to have ceased to be a member from the date of such acceptance,
(x) Any vacancy in the office of the Member. may be filled up as soon as may be by nominating/selecting another person of the same category to fill such vacancy by the Executive Committee who shall hold the office for the balance period of the office of the Member, whose place he is nominated.
5, The Committee shall have a common seal and perpetual succession with its office at Orissa High Court Bar Association
CONSTITUTION OF WELFARE ADVISORY COMMITTEE
6. Establishment of Trust Committee :
(i) There shall be a Welfare Advisory Committee consisting of following seven Members:
(a) Honble Chief Justice or a Judge nominated by Hon'ble Chief' Justice shall be ex-officio Chairman.
(b) Advocate General of Orissa as ex-officio Member.
(c) President of the High Court Bar Association as ex-officio Member.
(d) Secretary of the High Court Bar Association as ex-officio Memer.
(e) Three nominated Advocates having active practice to be selected/nominated by the Executive Committee.
(ii) The Secretary of the Bar Association shall be ex-officio Convener of the' Welfare Advisory Committee.
(iii) The nominated member of the Advisory Committee shall hold office for a period of two years.
(iv) (a) The provision mentioned in Chapter-II, Clause 4
(viii) is mutatis-mutandis applicable in respect of members nominated to the Trust Committee. (b) Any Member nominated under Clause
(e) of sub-clause
(i) may resign from his office by giving notice in writing to the President of the Bar Association and on acceptance by the Executive Committee of the Bar Association, he/she shalI be deemed' to have vacated his/her office.
(c) Any vacancy in the office of the Member may be fllIed up as soon as may be by nominating a member to the Executive Committee by getting due approval from the General Body who shall hold office for un-expired portion of the term of the Member whose place he fills.
7. Powers and functions of the Welfare Advisory Committee :-
(i) The Welfare Advisory Committee shall act as an authority to issue directions. instructions and to take such for smooth and proper management of the Welfare Fund.
(ii) The meeting of the Advisory Committee shall be held at least once in 6 months or as and when required.
POWERS AND FUNCTIO S OF THE ADVOCATES WELFARE COMMITTEE.
8. (i) Welfare Fund shall vest in and be held and applied by the Committee subject to the provisions and for the purpose of the Scheme.
(ii) The Welfare Committee shall administer the Fund.
(iii) The committee shall have-
(a) Power to disburse upto an amount of Rs. 10.000/- as an interim measure Pending final decision on the final disbursement against eligible member as provided in Clause 10 of the Scheme considering the emergent situation. if so arises.
(b) Take final decision within one month from the date of application relating to disbursement of final payment depending upon the financial position of the Welfare Fund which in no case exceeds Rs. 1.00.000/- in respect of eligible members of the High Court Bar Association after examining genuineness of the claim. In case of .employees/staff of the High Court Bar Association. the final disbursement amount will not exceed Rs. 1.00.000/- in any case..
(iv) The Committee shall take steps for augmenting fund from different sources including printing of stamp and distribution thereof in consultation with the Executive Committee of the Bar Association and shall take appropriate measures' for" preventing unauthorized printing as distribution of stamps and securing of transparency in accounts of the stamps issued and sale proceeds thereof.
(v) The Committee shall deposit all the money of the Fund In a separate Bank Account to be operated in a nationalized Bank and payable under the Scheme And all expenditure relating to the management and administration of Fund shall be paid out of such Welfare Fund. The said Bank account of the Welfare committee shall be opened jointly by the Secretary of the Bar Association who is ex-officio Convener of the Welfare Committee along with one of the member to be nominated by the said Welfare Committee.
(vi) The accounts of the Committee shall be audited annually by a competent chartered Accountant appointed by the Welfare Committee and shall be placed before the Executive Body..
(vii) The Account of the Committee as certified by the Auditor together with ,Audit report there on shall be forwarded to the Executive Committee to be placed before the Executive Body for necessary information.
9. Powers and duties of the Convener of the Welfare Committee. The Convener of the Welfare Committee shall-
(i) Be responsible for carrying out decision of the Welfare Committee.
(ii) Convene the meeting of the Committee.
(iii) Authenticate by his signature all decisions and instructions of the Committee.
(iv) Prepare the minutes of the meeting.
(v) Attend the meeting of the Committee with all necessary records and information. (vi) Prepare annual statement of business transacted by the Committee in respect of each financial year.
(vii) Any such other act as may be directed by the Committee.
Eligibility criteria for assistance from Welfare Fund-
(i) A Member of the Bar Association is in active practice as would be determined by the Welfare Committee is eligible to receive assistance from the Fund.
(ii) An employee/staff of the Bar Association in service and Advocates' Clerks as will be determined by Welfare Committee is eligible to receive the assistance from the fund as provided here in after.
(iii) The determination from eligibility to receive assistance of Welfare fund in case of members of the Bar Association as well as staff/employee of the Bar is final and conclusive and the same cannot be questioned in any Court of law excepting preferring an appeal here in after provided. The Welfare Committee is empowered to consider all information and materials received to decide the eligibility of the members of the Association for release of Welfare Fund. 11.Apportionment of the Fund: Out of the total corpus fund, the same will be apportioned as follows:- (i) 75% towards members benefit (ii)' 10% towards employees welfare (iii). 15% towards the welfare of Advocates' Clerks, which shall be disbursed to Advocates' Clerk Association twice in a year or as decided by Committee.
12. Accounts: 'The Accounts or the Scheme shall be examined and audited at least once in a year by a Chartered Accountant or by a qualified Auditor/Auditors and the said audit account and the auditor's report shall be placed before the General Body of the Bar Association every year for approval.
13. Procedure for disbursement of funds :
(i) The eligible members shall file an application in the printed form to be supplied by the Bar Association. Which Shall be placed before the Scheme Committee immediately. Upon considering the genuineness or otherwise and after conducting such inquiry as they deem fit and proper shall take a decision and on the basis of such decision, the amount shall be sanctioned and disbursed in favor of the beneficiaries within a period of one week from the date of taking such decision by the Committee.
(ii) In cases of emergencies where assistance is required for the treatment or otherwise, the same may be released provisionally by the decision of the three or more Committee Members by recording the reason there of and in case of death the matter shall be dealt in same manner and immediate disbursement shall be ensured.
Any person aggrieved with the decision of the Scheme Committee may prefer appeal before the Executive Body of the Bar Association within 30 days of the communication of the decision there on and the decision of the Executive Body is final and cannot be called in question in any court or forum in any manner whatsoever.
STAMP OF THE ASSOCIATION
15. Printing, distribution of stamp and verification of affixture on the Vakalatnama-
(i) The High Court Bar Association shall cause to print and distribute stamps of the value of Rs. 20/- on Vakalatnama and Rs. 50/- on the Appearance memo or such values to be determined and inscribed there on or creating welfare fund.
(ii) The Executive Committee of the Bar Association shall be the custodian of the stamp printed for welfare fund and shall control the distribution and sale of such stamp through its staff. The expenditure incurred for the purpose shall be borne from the Welfare Fund
(iii) The Executive Committee shall take such steps as may be necessary to verify regarding affixture of' Welfare Fund Stamp on each Vakalatnama and appearance Memo filed along with the case in the High Court,
16. Vakalatnama to bear stamp. Each Vakalatnama/appearance Memo filed before the Hon'ble High Court of Orissa shall be affixed with the welfare stamp failing the application shall be pointed out as 'defect' regarding filing of the case by the competent authority of the High Court.
Removal of doubt for any question arises relating to interpretation of the above Scheme, it shall be referred to the Executive Body of the Association and such interpretation of the Executive Committee of the Association shall be final and cannot be called in question.
18. Amendment The amendment to the Scheme shall be made by the General Body meeting of the Association specifically called for the purpose and any such amendment shall be made as decided by majority of members through the mode decided by the General Body.
19. Repeal the General Body by its resolution in the meeting specially called for the purpose may decide by majority of votes for repeal of the Scheme and in the event the Scheme is repealed "The Scheme Fund" as available on that date shall vest with the "Association".