AP Assembly Passes Two Bills for Welfare of Advocates and Clerks

Vijayawada: The AP Legislative Assembly has passed two bills on Tuesday to ensure the welfare of advocates and advocates’ clerks.

The first bill was to amend the AP Advocates’ Welfare Fund Act, 1987. And this law may be called the Andhra Pradesh Advocates' Welfare Fund (Amendment) Act, 2024. The second is to amend the AP Advocates' Clerks' Welfare Fund Act, 1992. This law would be known as the AP Advocates' Clerks' Welfare Fund (Amendment) Act, 2024.

The aims and objects were these: The Advocates' Welfare Fund Committee has stated that, in view of the bifurcation of the combined AP in 2014 and consequent bifurcation of the erstwhile Bar Council of AP, consisting of thirteen districts, the existing section 4 of the Advocates' Welfare Fund Act, 1987 (hereinafter referred to as the Principal Act) has to be amended to nominate three members to the Advocates' Welfare Fund Committee, from the thirteen districts.

It is noted that the Bar Council of India has extended the term of the Bar Council beyond 5 years, it is necessary to amend the Act to ensure that the elected members of the bar council continue in the committee till the extended term.

The Advocates' Welfare Fund Committee stated that to avoid delay in granting claim amounts to the applicants by the Advocates' Welfare Fund Committee, after expiry of the prescribed term of five years for the members to hold office of the Bar Council, it is necessary to amend section 4(4) of the Principal Act to conform to the period of the tenure of the Bar Council.

Considering the request and demands from the advocates for enhancement of benefits under the Advocates' Welfare Fund Act and to generate funds for welfare of advocates, a new Section 12B has been inserted in the Principal Act to introduce "Nyayavadula Samkshema Nidhi Stamp" of Rs.20, which shall be affixed on interlocutory applications and miscellaneous petitions, vide the Advocates' Welfare Fund (Amendment) Act, 2023. The same has come into force with effect from 01.06.2023.

On implementation of Section 12B, certain Bar Associations in AP have expressed their difficulties in affixing the stamp of `20 on I.As and M.Ps. Therefore, the Bar Council of AP has convened a meeting with all the bar associations. Most of the bar associations have suggested an increase in the value of the stamp to be affixed on Vakalat / Memo of Appearance from the existing `100 and to discontinue the affixation of stamp of Rs. 20.

After considering the suggestions of the bar associations, the Bar Council of AP passed the following resolution:

"To repeal Section 12B of the Principal Act and to enhance "Nyayavadula mariyu vaari Gumasthala Samkshema Nidhi Stamp" value from the existing `100 to `250 in which a sum of `228 shall be credited to the Advocates' Welfare Fund and `22 shall be credited to the Advocates' Clerks' Welfare Fund."

After considering the above circumstances, the Bar Council of AP and the AP Advocates' Welfare Fund Committee have recommended to amend sections 4(3)(g), 4(4), 12, 12A and to omit section 12B of the Principal Act.