Junior advocates to be paid stipend upto INR 5000 per month

2 years ago Trivandrum Janine John

The Bar Council of Kerala, with the prior assent of the Government, used the powers provided by section 27 read with clause (gi) of sub-section (2) of section 9 of the Kerala Advocates' Welfare Fund Act, 1980 made The Kerala Advocates Stipend Rules, 2021. The stipend will be disbursed from the fund to every applicant every month or at  such intervals decided by the Trust Committee and the committee with the prior approval of the Government shall determine the amount of stipend not exceeding Rs 5000/-. The  maximum period shall be granted for three years actual practice from the date of the Advocate passing the All India Bar Examination or up to the Advocate attaining the age of thirty years, whichever is earlier. The applicant should submit the application for stipend in Form I along with the necessary documents to support their eligibility. The stipend shall be paid into the bank account of the applicant, as per the account details, furnished in the application. The applicant in the event of the applicant furnishing false information, be liable for criminal prosecution and suo-moto disciplinary proceedings for professional misconduct under the Advocates Act, 1961. 

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FORM I [See Rule 5(a)]

APPLICATION FOR STIPEND TO ADVOCATES

1.Name of the Applicant 

2.Address with PIN Code, Phone Number and email ID

3.Office Address

4.Enrolment Number and Date of Enrolment (with copy of Enrolment Certificate)

5.Date of commencement of actual practice

6.Age and Date of Birth (with copy of birth Certificate)

7.Place of Practice

8.Name of Bar Association (in which applicant is a member)

9.Name and address of the Advocate with whom the applicant is actually practicing

10.Annual income of the applicant (with certificate from the revenue/tax authorities)

11.Details of passing of All India Bar Examination conducted by the Bar Council of India

12.If the applicant is a member of the Kerala Advocate’s Welfare Fund, furnish the details

13.If the applicant has applied for Certificate of Practice, furnish details

14.If the applicant is earning income from any source other than legal profession or part time teaching in law, furnish details of such income and source

15.If the applicant is engaged in any profession other than legal profession or any other occupation or business or any course of study, furnish details

16.Details of cases handled till date of application. (To be certified by the advocate under whom the applicant is practicing, if the applicant does not have Vakalath in the cases) – if necessary attach separate sheet. 

17.If the applicant is receiving any financial assistance or stipend from any Government source, furnish details.

18.Details of Bank Account of the applicant SB Account Number Name of Bank with Branch IFSC Code

Document to be produced along with the application: 

  1. FORM II, Form III, and Form IV Certificates. 
  2. Declaration of the applicant in Form IV. 
  3. Bond executed by the applicant in two hundred rupees stamp paper in Form V.
  4. Attested copy of enrolment certificate of the applicant. 
  5. Attested copy of the Birth certificate of the applicant. 
  6. Attested copy of the relevant document showing the applicant passing of All India Bar Examination conducted by the Bar Council of India. 
  7. Income Certificate from revenue/tax authority.

FORM II 

[See Rule 5(f)] 

Certificate to be issued by the Presiding Officer of the Court/Tribunal before which the applicant is practicing. 

This is to certify that ……………………………………………………………. Enrolment No…………………………….. is personally known to me as an Advocate who is regularly appearing before the ………………………… ………………………. of which I am the Presiding Officer and he is in regular practice before this Forum and is eligible to be considered for grant of stipend under the Kerala Advocates’ Stipend Rules, 2021. …../…../……… Presiding Officer. …………………… ……………………

FORM III 

[See Rule 5(g)] 

CERTIFICATE TO BE ISSUED BY BAR ASSOCIATION OF WHICH THE ADVOCATE IS A MEMBER 

This is to certify that ………………………………Enrolment No. ……………. is our member of …………………………………..Bar Association with membership number …………… and he is personally known to us and on due enquiry, we know that he is regularly practicing before the Courts/Tribunals in this station and is eligible to be considered for grant of stipend under the Kerala Advocates Stipend Rules, 2021.

…./…./……. 

……………………. 


………………………….President 


…………………………..Secretary 

FORM IV 

[See Rule 5(h) and 7(b)] 

DECLARATION

I, ……………………………………, S/o. D/o……………………………….……., aged……. do hereby solemnly affirm and declare that all the particulars and information furnished by me in the Forms under these Rules and all document and records submitted by me along with Form I are true and correct, that I am in actual practice, that I am not substantially or full time engaged in any profession other than legal profession or business or a course of study, that I am not having annual income exceeding ₹ 1,00,000 (Rupees one lakh only) at the time of submission of Form I application, that I am not earning substantial income from any source other than from legal profession or part-time teaching in law, that in case I require renewal of grant of stipend on every three months, I shall submit the certificates required under sub-rule (h) of rule 5 every three months that on receipt of stipend, I undertake to be in actual practice at the Bar for a period of 10 years from the date of passing the All India Bar Examination conducted by the Bar Council of India and in default of which, I will repay the entire amount received by me as stipend under these Rules to the Fund within two years from the date of leaving the Advocate’s profession failing which the defaulted amount would carry 12% annual interest, that in the event of any false information being furnished by me in the forms under these rules, I shall refund the amount received as stipend with 12% interest per annum to the Fund and be liable for criminal prosecution and suo-moto disciplinary proceeding for professional misconduct under the Advocates Act, 1961(Central Act 25 of 1961) and that I shall assist the ……………………………. High Court/Taluk Legal Services Committee constituted under the Legal services Authorities Act, 1987 (Central Act 39 of 1987) and; shall attend whatever number of cases are allotted to me by the concerned Legal Services Committee and that I shall attend, in a year at least two of the Refresher courses, Seminars, Continuing Legal Education Programmes, Professional Development Courses or Workshops conducted by the Bar Council of Kerala during the period of my stipend; and I do hereby solemnly affirm and declare that the particulars and facts furnished above by me are true and correct.


Date : 

Place : 

Name and Signature of the Applicant 

Signed in the presence of:

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FORM V

 [See Rule 7(b)] 

(To be executed on non-judicial stamp paper of value of ₹ 200) 

BOND 

This BOND is made on this the ..…..day of ….……………(month) ………(year) by ……………………………………S/o. D/o……………………………….. aged…… WHEREAS the Kerala Advocates Welfare Fund Trustee Committee (herein after the ‘Trustee Committee’ which expression shall mean and include their respective heirs, executors, administrators or assigns) has advanced to me amounts as monthly stipend on conditions stipulated in the Kerala Advocates’ Stipend Rules, 2021. AND WHEREAS I have received the said amounts on such conditions and on submitting declaration agreeing to the said conditions. AND WHEREAS in the event of me furnishing false information in Form I or Form II have agreed to pay to the Fund the amount received by me with 12% interest per annum. AND WHEREAS after receiving any stipend under the Kerala Advocates’ Stipend Rules, 2021 in the event of me leaving the advocate’s profession within 10 years from the date of passing the All India Bar Examination conducted by the Bar Council of India. I have agreed to refund the amount received as stipend within two years from the date of leaving the advocates’ profession failing which I have agreed to pay 12% annual interest on the defaulted amount in addition to the defaulted amount. NOW, BY THIS BOND, I hereby and hereunder hold and firmly bind myself and my heirs, executors, administrators, and assigns to pay to the “Fund” under section 3 of the Kerala Advocates’ Welfare Fund Act, 1980 (Act 21 of 1980) (hereinafter referred to as the “Fund”) the amounts received by me as stipend under the Kerala Advocates’ Stipend Rules, 2021 with 12% interest per annum in the event of the Trustee Committee finding that I have furnished any false information or particulars in the Forms under the Kerala Advocates’ Stipend Rules, 2021 and I hereby hold and firmly bind myself and my heirs, executors, administrators and assigns to pay to the Fund the amounts received by me as stipend under the Kerala Advocates Stipend Rules, 2021, within two years of me leaving Advocate’s Profession, in the event of me leaving the Advocates’ profession within 10 years from the date of me passing the All India Bar Examination conducted by the Bar Council of India and in default of paying such amount within the said two years, to pay 12% interest per annum on the said defaulted amount in addition to the defaulted amount to the Fund till recovery of the defaulted amount to the Fund by the Trustee Committee. 


Signed, sealed and delivered 

(Executor of the Bond) 

In the presence of : 

                        1. 

                        2. 


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