The Kerala Advocates' Welfare Fund (Amendment) Act, 2026 Comes Into Effect

On March 9, the government of Kerala notified the Kerala Advocates' Welfare Fund (Amendment) Act, 2026, which is to come into effect at once.With the enactment, certain provisions of the Kerala Advocates' Welfare Fund Act, 1980 stand amended. The 1980 Act was brought in to provide for the constitution of a welfare fund for the payment of retirement benefits to advocates in Kerala and for matters connected therewith.Composition of Kerala Advocates' Welfare Fund Trustee CommitteeThe constitution of the Kerala Advocates' Welfare Fund Trustee Committee is now amended to include two members nominated by the Government instead of one member. The Secretary of the Committee will be appointed by the Government instead of the Secretary of the Bar Council. The other members continue to be the Advocate General, the Law Secretary to the Government, three members of the Bar Council, the treasurer of the Bar Council and the President of the Kerala Bar Federation.Section 10 relating to Funds borrowing and investmentThe Act has also amended sub-section (2) of Section 10 of the 1980 Act."The Trustee Committee shall deposit all moneys and receipts forming part of the Fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the Government" is amended as follows:"The Trustee Committee shall deposit all moneys and receipts forming part of the fund in any scheduled bank or invest the same in loans to any corporation owned or controlled by the Central Government or the State Government or in loans floated by the Central Government or the State Government or in Central or State Government bonds or in pension and other schemes constituted for advocates, in collaboration with pension schemes provided by nationalized and scheduled banks, Life Insurance Corporation of India or public sector insurance and health and death insurance schemes provided by nationalized or scheduled banks, Life Insurance Corporation of India or public insurance companies or in any other manner as the Bar Council may, from time to time, direct, with the prior approval of the Government.” Appointment of Secretary of CommitteeThe amended Section 11(1) of the Act now reads as "Government may appoint an officer of the Law Department, not below the rank of Deputy Secretary to Government, on deputation basis as Secretary of the Trustee Committee".Members of Actual PracticeWith the amendment, the Bar Association shall have the duty to intimate to the Bar Council a list of its "members of actual practice", instead of just "members".Membership in the FundA new sub-section has been added as follows in Section 15 relating to Membership in the Welfare Fund:"(1F) An Advocate who is a member of the Fund may apply to the Trustee Committee for counting his previous period of actual practice relevant at the time of his initial admission to the Fund, in such form as may be prescribed, on payment of the annual subscription payable at the rate specified in sub-section (5) corresponding to the period of actual years of practice together with a fine of rupees two thousand for every such years of previous completed year of practice:Provided that such member shall not be eligible to claim such amount from the Fund on voluntary cessation of practice within a period of ten years from the date of such admission of his previous practice to the Fund:Provided further that an Advocate who has been allowed to count previous practice under this sub-section shall be eligible to claim only up to ten years of his previous actual practice.”Admission Fee Increased from ₹500 to ₹1000An Advocate applying for membership to the Fund will now have to pay ₹1000 towards admission fee along with the application to the account of the Trustee Committee. Change in Annual Subscription to the Welfare FundAdvocates having less than 5 years' standing have to pay ₹1000, those having 5 years and more but less than 10 years have to pay ₹2500.Where the standing of the advocate is 10 years and more but less than 15 years, the annual subscription is ₹4000 and those with more than 15 years but less than 20 years, the subscription is ₹5000.Advocates having 25 years' standing but less than 30 years have to pay ₹5500 and those with 30 years of above have to pay ₹6000.Designated Senior Advocates have to pay annual subscription to the Welfare Fund at the rate of ₹10,000.Members having 40 years of continuous membership need not pay the subscription for the subsequent period if he continues in membership.Exemption In Fine Payment in Extraordinary SituationA new provision has been added stating that the Committee may exempt payment of fine in case of extraordinary situation. "“Extraordinary Situation” means a situation wherein an epidemic or pandemic or a natural calamity...

The Kerala Advocates' Welfare Fund (Amendment) Act, 2026 Comes Into Effect

K. Salma Jennath

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