The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008

{
    "id": 15880,
    "slug": "the-bihar-state-bar-council-advocates-welfare-pension-scheme-2008",
    "title": "The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008",
    "short_title": "The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008",
    "act_number": "",
    "act_year": 2008,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Object of the Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Short Title, Extent and Commencement.",
            "chapter": null,
            "content": "(b) It extends to the whole of the State of Bihar.\n(c) This scheme shall come into force with effect from the date decided by the Bihar State Bar Council after getting prior approval of this scheme by the Bar Council of India.\n(d) This scheme shall not apply in case of death of an Advocate-member by way of committing suicide and also not apply to the Advocates' Association which is not recognised/affiliated by the Bihar State Bar Council and has not remitted the contribution of 5% share in terms of Rule 31(iii)(e)(i) of the Uniform Model Rules, 2003 and/or under Rules 4(2)(ix) of this Scheme in time to the Bihar State Bar Council Advocates Welfare Fund.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(i) \"Act\" means the Bihar State Advocates' Welfare Fund Act, 1983 (Act No. 16 of 1983).\n(ii) \"Advocate\" means a person who has been entered on the State Electoral Roll of the Advocates prepared and maintained by the State Bar Council of Bihar under Rule 17 of the Advocates Act, 1961 read with relevant provisions of the Bar Council of India Rules, 1975 and amended from time to time.\n(iii) \"Advocates' Association\" means an Association of Advocates/Bar/ Lawyers recognised/ affiliated by the Bar Council and has adopted the Uniform Model Rules.\n(iv) \"Bank\" means any scheduled/nationalised/corporate Bank of India.\n(v) \"Bar Council\" means State Bar Council of Bihar constituted under the Advocates Act, 1961.\n(vi) \"BBCJ\" means Bihar Bar Council Journal printed and published by the Bar Council.\n(vii) \"Cessation of Practice\" means removal of the name of an advocate from the State Roll maintained by the Bar Council on account of his final retirement or death.\n(viii) \"Council Fund\" means Bihar State Bar Council Advocates Welfare Fund constituted by the Bar Council.\n(ix) \"Court\" includes any Tribunal or Authority before whom an advocate is by or under any law for the time being inforce entitled to practice.\n(x) \"Dependents\" means wife, husband, father, mother and also unmarried minor child of a member of the Council Fund.\n(xi) \"Member of the Council Fund\" means an Advocate who is member of the Trustee Fund constituted u/s- 3 of the Act is admitted to the benefits of Council Fund and he has never been punished either by the Bar Council or by the competent Court of law in professional or other misconduct or case.\n(xii) \"Member of the Trustee Fund\" means an advocate who is a regular member of the Trustee Fund under the provisions of the Act.\n(xiii) \"Pension\" means the pension of Advocate- member of the Council Fund on his death or retirement after completion of 30 years of practice or permanent disablement from the Trustee Fund, will be entitled to get monthly rated pension amount decided or fixed by the Bar Council from time to time. Pension includes 50% of pension as family pension payable to his wife or her husband of deceased/retired Advocate-member of the Council Fund.\n(xiv) \"Pension Committee\" means a Bihar State Bar Council Advocates' (Welfare) Pension Committee constituted by the Bar Council under this scheme.\n(xv) \"Permanent Disablement\" means an advocate member is found unfit for legal practice on account of 80% or more physical and/or mental disability based on medical certificate granted by the Govt.'s Civil Surgeon/Chief Medical Officer of the District.\n(xvi) \"Prescribed\" means prescribed by the Bar Council for regulating and monitoring of this scheme.\n(xvii) \"Retired member of the Trustee Fund\" means the advocate who after completion of 30 years of practice on attaining the age of 70 years and/ or on account of his/her permanent physical or mental disability rendering him unfit for legal practice, retired from the Advocates Welfare Fund u/s- 2(c) and 17 of the Act.\n(xviii) \"Staff of the Council Fund\" means such staff posted/appointed on such terms and conditions in Council Fund as decided by the Bar Council.\n(xix) \"State\" means the State of Bihar.\n(xx) \"Trustee Committee\" means the Committee established under Section 5 of the Act.\n(xxi) \"Trustee Fund\" means the Advocates' Welfare Fund constituted under Section 3 of the Act.\n(xxii) \"Uniform Model Rules\" means the Uniform Model Rules for affiliated Bar/Advocates/Lawyers Association of Bihar, 2003 passed by the Bar Council of Bihar and approved by the Bar Council of India.\n(xxiii) \"Vigilance Committee\" means and includes the Vigilance Committee constituted by the Trustee Committee of Trustee Fund under the Act in each Advocates' Association.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Bihar State Bar Council Advocates Welfare Fund.",
            "chapter": null,
            "content": "(i) All amount paid by the Advocates' Association/s under Rule 31 (iii)(e) & (i) of the Uniform Model Rules.\n(ii) Any voluntary contribution or donation or grant or aid made to the Council Fund by the Bar Council of India, Bar Council, Trustee Committee of Trustee Fund, Advocates' Associations or other Associations or institutions, any Advocate or other persons.\n(iii) Any grant made by the Central/State Govt. and local authorities to the Council Fund.\n(iv) All sums or any profit or dividend or other return/interest received on any investment to the reputed financial institution.\n(v) All sums collected by way of application fees and annual subscriptions, other charges and interest thereon as prescribed by the Bar Council.\n(vi) From other sources prescribed and decided by the Bar Council.\n(vii) From donation amount of Rs. 5,000/- received from each of the candidates at the time of enrolment as an Advocate by the Bar Council. The admission fee payable by such candidate at the time of his admission to this pension scheme, shall be adjusted from this donation amount.\n(viii) Any other sources as decided by the Bar Council.\n(ix) 5% of gross profit of Advocates'/Bar/Lawyers' Association, Patna High Court and other Advocates' Associations (where hazri and pairvi system is not applicable) to be sent in the month of June of each year to the Council Fund.\n(ii) The amounts due and payable under this scheme and all expenditures relating to management and administration of the Fund and scheme shall be paid out of this Fund.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution of Pension Committee.",
            "chapter": null,
            "content": "(ii) In absence of the Chairman of this Pension Committee, the senior elected member of the Bar Council-cum-member of such Committee will preside-over the meeting as its Chairman. In case of constitution of Special Committee of the Bar Council by the Bar Council of India u/s- 8A of the Advocates' Act, 1961, the Chairman of the Special Committee shall be the Ex-officio Chairman of the Pension Committee & two members of the Special Committee shall also be the members of this Pension Committee.\n(iii) In case of vacancy of the member, the Bar Council will fulfil such vacancy by way of nominating another member.\n(iv) The Bar Council, at any point of time, can change the nominated members of such Committee assigning valid reason.\n(v) The Pension Committee will hold its regular meeting at least once in a month.\n(vi) One third members of the Fund shall form the quorum of the meeting of the Committee.\n(vii) The non-officials and the members of elected Bar Council practicing outside the Patna town, shall be entitled to get such T. A. for attending the meeting of the Pension Committee as decided by the Bar Council.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Function of the Pension Committee.",
            "chapter": null,
            "content": "(ii) The Committee shall be responsible/answerable to the Bar Council with respect to entire matter of the scheme. The Committee shall work as per direction and guideline of the Bar Council.\n(iii) To hold the amounts and assets belonging to the Council Fund.\n(iv) To receive application in prescribed form duly filled-up by the concerned Advocate and his wife or her husband (as the case may be) with all relevant papers and authentication through proper channel of Advocates Association alongwith prescribed fee, charge, etc.\n(v) To receive application from the desirous members of the Trustee Fund and the Advocates' Association for Admission to be a member of the Council Fund in prescribed forms and dispose of such application within 90 days from the date of receipt of it and intimate the same through Registered/Speed post with A/D or courier and/or substituted service by publication in BBCJ etc. without delay.\n(vi) To hold and conduct such enquiry as it deems necessary for disposal of such application relating to the affairs of Pension scheme and Council Fund and other connected matter thereto.\n(vii) To record its decisions of the applications and proceedings in the minutes book.\n(viii) To pay the monthly based pension amount prescribed by the Bar Council or Pension Committee to its members or their nominee-husbands or wives through the Bank or Post office or another means decided by the Pension Committee, unanimously.\n(ix) To send such periodical and/or annual reports as may be prescribed by the Bar Council.\n(x) To do such acts as are or may be required to be done under this Scheme and to suggest the Bar Council to improve the Scheme for betterment of its members.\n(xi) The account of the Council Fund shall be audited annually by a registered/ reputed Charted Accountant appointed by the Bar Council and on such audit report, the Bar Council may issue any suitable direction. The audit report shall annually be published in BBCJ for due information to advocates in Bihar.\n7.\n(ii) However, the Bar Council can condone the delay on the valid ground/s raised by the appellant in its separate limitation petition with or without any condition.\n(iii) The decision of the Bar Council on such appeal, shall be final.\n8.\n9.\n10.\n(ii) Every Advocates' Association will also furnish a list of its members and office bearers just after conclusion of its election under Uniform Model Rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "11",
            "title": "11. Membership of the Pension Scheme of Council Fund.",
            "chapter": null,
            "content": "(ii) Limitation period- All Advocate- members of the Trustee Fund within 3 years from the date of implementation of this Pension scheme or from the date of admission as a member of the Trustee Fund, which ever is suitably applied, can apply for admission as a member of this Council Fund otherwise Pension Committee will decide after due enquiry and/or hearing of such applicant with appropriate late fee with or without fine for each three months delay.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "12",
            "title": "12. Payment of Pension From the Fund on Cessation of Practice.",
            "chapter": null,
            "content": "(ii) In the event of death of a member of the Council Fund, 50% of full pension i.e. family pension shall be paid to the surviving nominee i.e. wife or husband till she/ he is alive or for a maximum period of 20 years (whichever is earlier) on proper verification. In special circumstances, this period can be extended suitably by the Bar Council.\n(iii) In the event of death of both Advocate- member of the Council Fund and his wife or her husband- nominee, the Pension Committee, on the basis of unanimous decision of the General body of the concerned Advocates' Association, can make payment of a lump-sum amount to the dependents- minor child/children or unmarried daughter/s of such deceased parents through legal and proper guardian in the manner prescribed or decided by it after approval by the Bar Council in the emergent and rare cases. Concerned Association will also suggest about quantum of amount and mode of payment in such cases.\n(ii) The claim for full pension shall be made by the member of this Council Fund in prescribed Form No. C alongwith relevant testimonials/papers through proper channel i.e. concerned Vigilance Committee, its Advocates' Association and Trustee Fund in triplicate copies.\n(iii) The claim of family pension by the nominee- wife/husband of the deceased member of the Council Fund, shall be made in Form No. D alongwith relevant testimonials or papers through the concerned Vigilance Committee, its Advocates' Association and Trustee Fund.\n(iv) On physical verification report in Form No. E furnished by the end of March of each year by the concerned Advocates' Association, the full/half pension amount shall be released by the Pension Committee otherwise in absence of such report, pension amount shall not be released by the Pension Committee.\n(v) The benefit of pension in all genuine cases will be given from the date of submission of the claim before the Council Fund.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "13",
            "title": "13. Termination of Membership of Council Fund.",
            "chapter": null,
            "content": "(i) If his/her practice license has been cancelled on account of punishment for professional or other misconduct by the Bar Council or the Bar Council of India.\n(ii) If he/she has been found guilty of any offence and punished by a competent (criminal) Court of law and there is no stay of such punishment by Appellate Court.\n(iii) If his/her name has been finally removed from the Advocates' Association on the ground of non-regular in practice or misconduct.\n(iv) If the affiliation of the concerned Advocates' Association is cancelled by the Bar Council.\n(v) If his/her concerned Advocates' Association who is realising the money from the client/litigant, has failed to remit the prescribed 5% share of the Bar Council to its Council Fund under Rule- 31 of the Uniform Model Rules for more than three consecutive months in one calender year or if Advocates' Association has failed to remit the amount of 5% of gross profit to the Council Fund under Rule- 4(2)(ix) of this Scheme in time.\n(vi) If he/she is found making false statement in his/her information in order to gain undue advantage or has misled the Fund or the Bar Council and for that he/she may also be liable to be prosecuted under law.\n(vii) If the member of Council Fund fails to make payment of subscription or charges or to comply such conditions as decided by the Bar Council or Pension Committee.\n(ii) Such terminated member can be re-admitted afresh on such terms and conditions as may be prescribed and decided by the Pension Committee or by the Bar Council.\n14.\n(ii) No creditor or State or receiver appointed under the law, can proceed against the member or his/her nominee of the Council Fund for attachment of such pensionary amount.\n15.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "16",
            "title": "16. Power to Make Rule.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        }
    ],
    "metadata": {
        "Act ID": "bh478",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "2008",
        "Short Title": "The Bihar State Bar Council Advocates' (Welfare) Pension Scheme, 2008",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}