The Goa Advocates' Welfare Fund Act, 1995

{
    "id": 16261,
    "slug": "the-goa-advocates-welfare-fund-act-1995-1995",
    "title": "The Goa Advocates' Welfare Fund Act, 1995",
    "short_title": "The Goa Advocates' Welfare Fund Act, 1995",
    "act_number": "(Goa Act No. 2 of 1997)",
    "act_year": 1995,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa Advocates' Welfare Fund Act, 1995",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Advocate\" means a person whose name has been enrolled on the roll of Advocates prepared and maintained by the Bar Council under section 17 of the Advocates Act, 1961 (Central Act XXV of 1961);\n(b) \"Advocates Act\" means the Advocates Act, 1961 (Central Act XXV of 1961);\n(c) \"Goa Advocates' Welfare Fund\" or \"Fund\" means the fund constituted under section 3 and maintained under the provisions of this Act;\n(d) \"Bar Association\" means an association of Advocates attached to any Court or any Tribunal or such other authority or person as is legally authorized to take evidence or to adjudicate or to decide any dispute in the State and recognized by the Board under section 17;\n[(dd) One member of Bar Council elected from the State of Goa to be recommended by the said Council and whenever such member is not available, any other member of Bar Council recommended by the Bar Council.]\n(e) \"Bar Council\" means the Bar Council of Maharashtra and Goa constituted under section 3 of the Advocates Act, 1961 (Central Act XXV of 1961);\n[(f) \"The Under Secretary (Establishment) to the Government-Ex-Officio Secretary.]\n(g) \"cessation of Practice\" in relation to an Advocate means discontinuance of practice by the Advocate by taking up any employment, trade, calling or other similar engagement or discontinuance of practice on account of death or disability;\n(h) \"dependents\" means wife, husband, father, mother, unmarried daughter and minor children or such of them as exist;\n(i) \"Government\" means the Government of Goa;\n(j) \"member of the Fund\" means an Advocate who is admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act;\n(k) \"nominee\" means a person nominated in the prescribed manner by a member of the Fund to receive the amount, which may be due to the member, from the Fund in the event of his death before the amount is paid to him;\n(l) \"prescribed\" means prescribed by regulations;\n(m) \"regulations\" means regulations made by the Board under this Act;\n(n) \"retirement\" means giving up of practice as an Advocate which is communicated to and recorded by the Bar Council;\n(o) \"stamp\" means the Goa Advocates' Welfare Fund Stamp printed and distributed by the Board under section 23;\n(p) \"standing\" means the period of actual practice from the date of enrollment as advocate and sanad obtained from the Bar Council or appropriate authority;\n(q) \"State\" means the State of Goa;\n(r) \"suspension of practice\" means voluntary suspension of practice as an Advocate or suspension by the Bar Council for misconduct.\nChapter II\nConstitution and management of Advocates Welfare Fund",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of Fund.",
            "chapter": null,
            "content": "(a) an initial amount of rupees one lakh to be contributed by the Government;\n(b) all the amounts to be contributed by the Bar Associations from the year 1995 onwards;\n(c) any other contribution made by the Bar Association;\n(d) any voluntary donation or contribution to the Fund made by the Bar Council of India or any other Bar Council or any Bar Association;\n(e) any voluntary donation made to the Fund by any Advocate or his relatives;\n(f) contributions paid by members of the Fund to the Fund under section 19;\n(g) all sums received from the Life Insurance Corporation of India on the death of any member of the Fund under any Group Insurance Policy;\n(h) any profit or dividend from the Life Insurance Corporation of India in respect of policies of Group Insurance of the Members of the Fund;\n(i) any interest or dividend or other return on any investment made of any part of the Fund.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Constitution of Board.",
            "chapter": null,
            "content": "(a) The Advocate-General, Goa State - Ex-Officio - Chairman.\n(b) The Law Secretary to the Government - Ex-Officio.\n(c) Finance Secretary to Government or his nominee - Ex-Officio.\n(d) One representative from each registered Bar Association to be recommended by the Executive Council or Managing Committee of the Association concerned.\n(e) One member to be elected from amongst the members of the Board, who shall be treasurer of the Board.\n(f) The Under Secretary (Law) to the Government - Ex-Officio Secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Term of office of (nominated) members of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Disqualification and removal of members.",
            "chapter": null,
            "content": "(a) is adjudged by a competent court to be of unsound mind; or\n(b) is adjudicated an insolvent and has not obtained his discharge; or\n(c) is convicted of an offence which in the opinion of the Government involves moral turpitude; or\n(d) has, in the opinion of the Board committed a breach of trust or where he is a member of the Fund and has committed persistent default in payment of his contribution to the Fund.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Resignation by an elected or recommended members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Filling up of casual vacancies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Meetings of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Vesting and application of Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Functions of Board.",
            "chapter": null,
            "content": "(a) hold the amount and assets belonging to the Fund in trust;\n(b) receive applications for admission or re-admission to the Fund, and dispose of such applications within ninety days from the date of receipt thereof;\n(c) receive applications from the members of the Fund, their nominees or legal representatives, as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary for the disposal of such applications within five months from the date of receipt thereof;\n(d) record in the minute book of the Board, its decisions on the applications;\n(e) pay to the applicants amounts at the rates specified in the schedule;\n(f) sanction employment of such officers and servants as it may think necessary for performance of its duties and functions under this Act and determine their conditions of service;\n(g) communicate to the applicants by registered post with acknowledgement due the decisions of the Board in respect of applications of admission or re-admission to the Fund or claims to the benefit of the Fund.\n(h) do such other acts as are, or may be, required to be done by it under this Act and the regulations made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Powers and duties of Secretary.",
            "chapter": null,
            "content": "(a) be the Chief Executive Authority of the Board and responsible for carrying out its decisions;\n(b) represent the Board in all suits and proceedings for and against the Board;\n(c) authenticate by his signature all decisions and instructions of the Board;\n(d) operate the bank accounts of the Board jointly with the treasurer;\n(e) convene meetings of the Board and prepare their minutes;\n(f) attend the meetings of the Board with all the necessary records and information;\n(g) maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the Board;\n(h) inspect and verify periodically the accounts and registers of the Bar Associations regarding the stamps jointly with the treasurer;\n(i) prepare an annual statement of business transacted by the Board during each financial year jointly with the treasurer;\n(j) make appointments of the Officers and servants of the Board as sanctioned by the Board and have power to take disciplinary action against any such officer or servant;\n(k) do such other acts as may be directed by the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Appointment of Officers and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Amounts to be paid out of the Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Periodical and annual reports to be sent to Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Maintenance of accounts and audit.",
            "chapter": null,
            "content": "Chapter III\nRecognition of Bar Associations",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Recognition of Bar Associations.",
            "chapter": null,
            "content": "(a) the order appealed against;\n(b) fee of two hundred rupees which shall not be refunded.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Duties of Bar Association.",
            "chapter": null,
            "content": "(a) any change of the office-bearers of the Association within thirty days from such change;\n(b) any change in the membership, including admissions and re-admissions, within sixty days of such change;\n(c) the death, retirement, suspension, cessation of practice of any of its members within ninety days from the date of occurrence thereof; and\n(d) such other matters as may be prescribed or required by the Board from time to time.\nChapter IV\nMembership in the Fund and payment therefrom",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Membership of Fund.",
            "chapter": null,
            "content": "Where the standing of the Advocate at the Bar is 5 years or\n\t\t\t\tmore but less than 15 years.\nTwo hundred rupees.\nWhere the standing of the Advocate at the Bar is 15 years or\n\t\t\t\tmore.\nFive hundred rupees.\nWhere standing of senior Advocate at the Bar practising before\n\t\t\t\tHigh Court is 10 years or more.\nOne thousand rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Member to appoint nominee and to give notice of cessation of practice, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Payment of retirement benefit from Fund.",
            "chapter": null,
            "content": "Chapter V\nCollection by way of affixing welfare stamp",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Advocate to affix welfare stamp to Vakalatnama.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Printing and sale of stamps.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Vakalatnama not valid unless stamped.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Value of stamps not to be included in costs and not to be collected from clients.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Cancellation of stamps.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Group Life Insurance for members and other benefits.",
            "chapter": null,
            "content": "(a) obtain from the Life Insurance Corporation of India, policies of Group Life Insurance for the members of the Fund;\n(b) provide for medical and educational facilities for the members of the Fund and their dependents including an insurance for that purpose;\n(c) provide for such other benefits and amenities as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Restriction on alienation, attachment, etc. of interest of member in the Fund.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Vacancy in Board not to invalidate acts or proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Bar of jurisdiction of Civil Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Board to have powers of Civil Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Power to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Power to amend Schedule in certain circumstances.",
            "chapter": null,
            "content": "Schedule\n[See sub-section (1) of section 21]\nPeriod of standing\nRate of benefit\n1\n2\n30 Years' standing\nRs. 45000\n29 Years' standing\nRs. 43500\n28 Years' standing\nRs. 42000\n27 Years' standing\nRs. 40500\n26 Years' standing\nRs. 39000\n25 Years' standing\nRs. 37500\n24 Years' standing\nRs. 36000\n23 Years' standing\nRs. 34500\n22 Years' standing\nRs. 33000\n21 Years' standing\nRs. 31500\n20 Years' standing\nRs. 30000\n19 Years' standing\nRs. 28500\n18 Years' standing\nRs. 27000\n17 Years' standing\nRs. 25500\n16 Years' standing\nRs. 24000\n15 Years' standing\nRs. 22500\n14 Years' standing\nRs. 21000\n13 Years' standing\nRs. 19500\n12 Years' standing\nRs. 18000\n11 Years' standing\nRs. 16500\n10 Years' standing\nRs. 15000\n9 Years' standing\nRs. 13500\n8 Years' standing\nRs. 12000\n7 Years' standing\nRs. 10500\n6 Years' standing\nRs. 9000\nUpto\n5 Years' standing\nRs. 7500",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        }
    ],
    "metadata": {
        "Act ID": "goa034",
        "Act Number": "(Goa Act No. 2 of 1997)",
        "Enactment Date": "",
        "Act Year": "1995",
        "Short Title": "The Goa Advocates' Welfare Fund Act, 1995",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:55:19"
}