The government constituted a committee headed by a senior government pleader as its chairperson to implement the Act in 2008 but did not extend any facilities to the committee to function.

The advocates in the Union territory of Puducherry comprising headquarters Puducherry & its enclaves Karaikal, Mahe & Yanam, have been left in the lurch as the Puducherry government failed to implement the Advocate Welfare Fund Act even after the Union government passed the Central act in 2001.

The government constituted a committee headed by a senior government pleader as its chairperson to implement the Act in 2008 but did not extend any facilities to the committee to function. The committee included secretary (home), secretary (law), chairman & secretary of Bar council of Tamil Nadu, a government pleader & two practising advocates from Puducherry as its members. The committee became defunct following the death of the chairperson, T Murugesan.

The Act ensures a slew of welfare measures for the advocates, who have been members of the fund for a period of not less than five years. The welfare measures include solatium for the family of the advocates who pass away while in service, ex-gratia in case of hospitalization involving surgeries & their treatment from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or other serious disease or disability. The Act also assures one-time financial assistance for advocates on cessation of practice, group life insurance & other benefits.

Advocate C Elangovan said the Tamil Nadu government had passed the Act in 1988. The Bar Council of Tamil Nadu & Puducherry commenced printing & selling the Advocates’ Welfare Fund Stamps valued at Rs 30. Every advocate appearing before Tamil Nadu courts must affix a stamp on every Vakalatnama & memo of appearance filed by him. The fund thus raised will be used for the welfare measures of the advocates.

“As the Puducherry government did not implement the Act, the Bar council too did not print stamps to mobilize fund for Puducherry advocates. The government instead launched a welfare scheme for advocates & extended assistance from the chief minister’s relief fund & the members’ contributions. The government has diluted a Central Act, which must be implemented in letter & spirit. They replaced it with a scheme & ran the new scheme at its whims & fancies,” said Elangovan.

Elangovan armed with the information obtained through the RTI Act said the government has not provided any assistance to the families of the deceased advocates under the Advocates Welfare Fund Act, 2001.

“The Puducherry government does not even have the list of advocates, who died after the Union government passed the Act in 2001” said. Elangovan

He filed a petition before the Madras high court on behalf of Farida Begam from Puducherry. Begam lost her advocate-husband to cancer & seeks compensation of Rs 25 lakh from the Puducherry government. The court admitted the petition & directed the five respondents – chief secretary, secretary (home), secretary (finance), secretary (law) & Bar Council of Tamil Nadu & Puducherry chairman – to file their counters.

Puducherry secretary (law) J Juliet Pushpa said the government will reconstitute the committee within a week. “We are also planning to bring in necessary amendments in the Act to ensure printing of advocate welfare fund stamps by the Bar Council of Tamil Nadu & Puducherry & sale of the stamps in Puducherry to mobilize funds for the advocates here. We have commenced all measures to implement the Central Act in Puducherry after getting the approval from the chief minister, who holds the portfolio of law” she said.

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