March 24, 2019
The Bar Council of Tamil Nadu & Puducherry suspended 5970 Advocates, until they clear Advocate Welfare Fund subscription dues.
The Advocate Welfare Committee of Bar Council of India took the decision of suspension of their practice in a meeting held last Thursday.
The notification reads:
"It is hereby informed that the Advocates Welfare (BCI) Committee has suspended the right of practice of 5,970 advocates in any court, tribunal or other authority till the payment of subscription under Rule 40, Part VI Chapter II of the Bar Council of India Rules vide Resolution No 242/2019 dated March 22."
On 30th January 2019, the State Bar Council had cautioned the Bar Associations regarding the non-payment of Welfare fund subscription.
Bar Council of India Rules (Rule 40 of Chapter 2, Part VI) mandates that every Advocate borne on the rolls of the State Bar Council to pay to the State Bar Council a prescribed sum every year towards the fund.
Rule 42 empowers a Committee of 3 members constituted by the State Bar Council to pass an order suspending right of the advocate to practice, if the advocate doesn't pay the amount or fails to show sufficient cause. Suspension ceases to operate when the said Advocate pays the subscription due along with late fee.
The Advocates' Welfare Fund Act was enacted in the year 2001 for the constitution of a Welfare Fund for the benefit of advocates. The Act made it mandatory for every advocate practising, before the commencement of Act, to apply, within 6 months of the commencement of the Act, to the Trustee Committee for admission as a member of the Fund. An Advocate has to made such an application within 6 months of his enrollment.
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