Proposed Amendments to the Advocates Welfare Fund Rules, 20020
The Government of NCT of Delhi in exercise of the powers conferred by Section 35 of the Advocates Welfare Fund Act, 2001 (45 of 2001) published Advocates Welfare Fund Rules, 2001 vide notification dated 25.01.2002 and these rules were amended vide notification dated 08.04.2009.
Following amendments are proposed to be notified by Government of NCT of Delhi, to be added, to the Advocates Welfare Fund Rules, 2002:-
10A The Trustee Committee and the Bar Council of Delhi shall maintain separate section for this purpose.
B. The Trustee Committee along with the Bar Council of Delhi shall prepare complete data of the Advocates, who are actually practicing Advocates, as verified under Bar Council of India Certificate &Place of Practice (Verification) Rules, 2015, shall be eligible for the welfare schemes under these provisions.
C. Every individual Bar Association will maintain proper record of its members.
18A The Government of NCT of Delhi shall provide DGHS to all the eligible lawyers and shall treat them as officers of the Court.
B. The following insurance schemes will be provided to all eligible advocates, which will be totally funded from the money to be received from Government of NCT of Delhi for Advocates welfare.
C. The Trustee Committee will be at liberty to refer any case for the opinion of Doctors as may be required in consultation with the Chief Medical Officer of Delhi High Court.
D. The Govt. of NCT of Delhi shall transfer the entire funds for which the budgetary provisions in current budget has been made from Chief Minister Advocates Welfare Fund to the Advocates Welfare Fund Trustee Committee Account and shall also make adequate provisions, so that the same is continued regularly every year.
E. The Trustee Committee shall also formulate schemes to deal with cases of permanent, partial or temporary disability of an Advocate and frame schemes to provide necessary financial help depending on each case.
F. Policy covers for life and medical services for the Advocates and their dependents. The deep discount polices will be purchased after open invitation of tenders from various insurance companies to provide a medical cover to an Advocate and his family members for a sum of Rs.5 lakh and a life cover for another 5 lakh.
G. The insurance policies for Rs.10 lakhs and 20 lakhs for life as well as medical claim for eligible members and their family members will be purchased from insurance company.
H. The Trustee Committee shall also formulate schemes for providing educational facilities, purchase of books, maintaining common facilities at various Bar Associations in terms of Clause (d) of Section 24 or any other as may be considered for other purpose by the Trustee Committee in exercise of powers under the Advocates Welfare Fund Act, 2001. The amount so decided by the Trustee Committee shall be paid from the grant by the Govt. of NCT of Delhi.
19 A “Advocate” means a person who is a permanent resident of Delhi and NCR, enrolled with Bar Council of Delhi and is a member of any Bar Association(s) registered with Bar Council of Delhi and is in active practice in the Courts and Tribunals or any other authority and duly verified under Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015,if his/her enrolment is prior to year 2010 and in case their enrolment is post 2010, he/she has cleared AIBE Examination.
B. The grant shall be allowed only after the Trustee Committee is satisfied about the requirements and genuineness of the claim. However, no payment shall be made to the individual, unless the claims are duly verified from/by hospital.
C. In case of any emergent situation brought to the notice of the Trustee Committee, the Committee may after proper verification and visit to the concerned advocate and the hospital, with the help of any Doctor, consider grant of money for immediate help, which shall be remitted to the hospital only.
D. The grant shall only be allowed of residual amount in case where claim has been preferred by the individual to any insurance company/medi-claim policy of any insurance company.
E. In the cases where spouse/father/son/daughter is legally entitled to claim medi-claims from Central or State Government or any statutory authorities, no grant shall be granted by Trustee Committee in all such cases.
F. An application for medical aid shall be displayed on the Website of Bar Council of Delhi for transparency.
G. The application shall be accompanied by the Affidavit in Form ‘A’ and Indemnity Bond in Form ‘B’, which shall be submitted at the time of disbursement of ex-gratia if passed by the Trustee Committee
H. All the grants sanctioned by the Trustee Committee shall be displayed on the Website of Bar Council of Delhi.
I. Every accident/hospitalisation of a member of the fund shall be intimated immediately to the Bar Association.
J. A separate section/department shall be headed by a responsible officer and shall work under the supervision of the Trustee Committee and shall maintain the proper records regarding eligibility of the lawyers.