Advocates’ Welfare Fund Act,2001

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Act No : 45


Section : Definitions.

2. Definitions.-In this Act, unless the context otherwise requires,- (a) "advocate" means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates' Asso iation; (b) "appropriate Government" means,- (i) in the case of advocates admitted on the roll of a Bar Council of a State, the State Government; (ii) in the case of advocates admitted on the roll of a Bar Council of a Union territory, the Central Government; (c) "cessation of practice" means removal of the name of an advocate from the State roll under section 26A of the Advocates Act, 1961 (25 of 1961); (d) "Chairperson" means the Chairperson of the Trustee Committee referred to in clause (a) of sub-section (3) of section 4; (e) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (f) "dependents" means the spouse, parents or minor children of a member of the Fund; (g) "Fund" means the Advocates' Welfare Fund constituted under sub-section (1) of section 3; (h) "insurer" shall have the meaning assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938); (i) "member of the Fund" means an advocate admitted to the benefits of the Fund and who continues to be a member thereof under the provisions of this Act; (j) "notification" means a notification published in the Official Gazette of the appropriate Government and the expression "notified" shall be construed accordingly; (k) "prescribed" means prescribed by rules made under this Act; (l) "Schedule" means a Schedule to this Act; (m) "scheduled bank" shall have the meaning assigned to it in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (n) "stamp" means the Advocates" Welfare Fund stamp printed and distributed under section 26; (o) "State" means a State specified in the First Schedule to the Constitution and shall include a Union territory; (p) "State Advocates' Association" means an association of advocates in a State recognized by the Bar Council of that State under section 16; (q) "State Bar Association" means an association of advocates recognized by the Bar Council of that State under section 16; (r) "State Bar Council" means a Bar Council referred to in section 3 of the Advocates Act, 1961 (25 of 1961); (s) "suspension of practice" means voluntary suspension of practice as an advocate or suspension of an advocate by a State Bar Council for misconduct; (t) "Trustee Committee" means the Advocates' Welfare Fund Trustee Committee established under sub-section (1) of section 4; (u) "Vakalatnama" includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority; (v) words and expressions used and not defined in this Act but defined in the Advocates Act, 1961 shall have the meanings respectively assigned to them in that Act.


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