Updated: Wednesday May 31, 2017/AlArbia’a Ramadan 06, 1438/Budhavara Jyaistha 10, 1939, at 07:03:06 AM

The Sindh Advocates Benevolent Fund (Amendment) Rules, 1992

 

(Gazette of Sindh, Part II, 21st May, 1992)

 

No.4959/SBC/B.F./92, dated 21‑5‑1992.‑‑The Sindh Bar Council in its meeting held on 17th April, 1992, feels expedient further to amend the Sindh Advocates Benevolent Fund Rules, 1975 for the purposes hereinafter appearing:

 

It is hereby enacted as follows:‑‑-

 

1.  Short title.‑‑These Rules may be called the Sindh Advocates Benevolent Fund (Amendment) Rules, 1992.

 

2. It shall come into force with effect from 1st July, 1992.

 

3. In rule 13 of the said rules the following new clause (j) shall be added namely:‑‑

 

“(j) “NOMINEE” means any person or persons nominated under Rule 6.1 of the rules.”

 

4. In rule 2.2 (a) after the words “Rs.675 annually” the words “or any other amount as decided by the Council from time to time” shall be inserted.

 

5. For rule 2.2 (b) of the said rules, the following shall be substituted namely:‑‑

 

“2.2‑b. An advocate joining the profession on or after the 20th November, 1982, shall, in addition to the amount of Rs.675 also pay:‑‑

 

(i) Rs. Nil up to the age of 30 years.

 

(ii) Rs.5,000 above the age of 30 years and up to the age of 40 years.

 

(iii) Rs.10,000 above the age of 40 years and up to the age of 50 years.

 

(iv) Rs.15,000 above the age of 50 years and up to the age of 55 years.

 

(v) Rs.20,000 above the age of 55 years and up to the age of 65 years.”

 

6.   In the end of rule 2.2‑c, the following words shall be inserted:‑‑

 

“However any person entering on the Roll of the Sindh Bar Council as advocate after attaining the age of 65 years shall not be a contributory to the Benevolent Fund and shall not be entitled for any relief or benefit under the Benevolent Fund Scheme”.

 

7. In rule 2.2‑h the following words and figure shall be inserted and substituted:‑‑

 

(a) after the word “who”, the words “is not in arrears and” shall be inserted;

 

(b) for the figure “65” the figure “55” shall, be substituted;

 

(c) in the end of rule 2.2‑h, the words “thereafter” shall be added.

 

8.  After the Proviso of 2.2‑h, the following new proviso shall be added:‑‑

 

“Provided further that the advocate who has paid the lump sum amount of Rs.5,000 would not get the benefit of this Scheme if his/her licence has been suspended or his/her name has been removed or struck off the roll of the Council”.

 

9.  In rules 2.3 of the said rules, the figure and words “60 days from” shall be omitted.

 

10. In rule 2.4 of the said rules, the following new clause (d) shall be inserted:

 

“(d) all profits, interests and mark up accruded on these funds”.

 

11. In rule 2.5 after the words “the amount of the words and figures “Rs.5,000, Rs.10,000, Rs.15,000 and Rs.20,000” shall be substituted and added.

 

12. In clause (c) of the said rule 2.5 for the words “(b) and (c)” the words “(b), (c) and (d)” shall be substituted.

 

13. For rule 3.4, the following new rule shall be substituted namely:‑‑

 

“3.4. The Bank account shall be operated jointly by the Chairman of the Benevolent Fund Committee and one member as authorised by the Benevolent Fund Committee”.

 

14. In rule 3.5 after the word “audited” the words “annually and” shall be inserted.

 

15. After rule 3.6 of the said rules, the following new rule 3.7 shall be added:

 

“3.7. After approval of the audit annual statement of account by the Council, the same be sent to all the District Bar Associations of Sindh.”

 

16. In Chapter V the following new Rule 5.1 shall be added namely:‑‑

 

“5.1. An advocate whose name appears on the roll and is not in arrears may be entitled for the relief as provided, if he is needy and indigent and has been regular contributory for the period not less then two years to the fund”.

 

17. In the said Chapter the rules “5.1, 5.2 and 5.3” shall be re‑numbered as “5.2, 5.3 and 5.4”.

 

18. For the said rule 5.3, the following shall be substituted namely:‑‑

 

“5.3. Upon receipt of application under rule 5.2, the Committee,, after making such enquiry as it may consider necessary, may refuse the application or grant the immediate relief as provided herein. The Committee may recommend to the Council for payment of further sum at it thinks fit out of the relief fund either in lump sum or periodic instalments. Payment shall be made after the approval of the Bar Council. Provided that in case of hardship payment up to Rs.5,000 may be made by the Committee without obtaining prior approval of the Council.”

 

19. In rule 5.4 , after the word “Committee” the words “or on a representation made by the applicant being dissatisfied of the decision of the Committee” shall be inserted.

 

20. In rule 6.1 of the said rules after the word “death” the words “full claim or” shall be inserted.

 

21. In rule 6.4 of the said rules, after the word “nomination” the words “in writing duly” shall be inserted. And after the end of the said rule 6.4, the words “in such events he shall file a fresh nomination as provided in rule 6.1” shall be added.

 

22. In rule 7.2 of the said rules, after the words “Rules 2.3 be” the words “deemed to be” shall be inserted.

 

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