In a significient move, Kerala Bar Council has notified the Kerala Advocates' Stipend Rules 2021 in exercise of its power under Section 27 read with Section 29 (2)(gi) of the Kerala Advocates' Welfare Fund Act, 1980.
As stipulated by the Rules, young Lawyers shall be provided stipend from the Funds by the Trustee Committee.
The payment will be deposited into the Bank accounts of applicants either at monthly basis or at intervels decided by the Trustee Committee.
The Rules also provide Trustee Committee, the discretion to decide the stipend amount payable to an Advocate not exceeding ₹5000 with prior approval of the Govt from time to time.
As per the Rules, the maximum period for which stipend shall be granted shall be three years of 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.
An applicant, who is eligible for a stipend under the Act and the Rules will be required to submit the application form named as 'Form I', along with the documents to support their eligibility subject to certain conditions.
The Rules clearly establish that no applicant shall be entitled to stipend as of right, but will be subject to the satisfaction of the Trustee Committee as to the applicant's eligibility and continuation of actual practice.
A declaration will also be sought from the applicants under the Rules in 'Form V' stating that in the event of furnishing false information in the Forms under these rules or creating a false document, the applicant shall be liable for criminal prosecution and suo-moto disciplinary proceedings for professional misconduct under the Advocates Act, 1961.
On grant of stipend, the applicant shall execute a bond in non-judicial stamp paper of value of ₹200 in Form V undertaking that in the event of the applicant furnishing false information in the Forms under these rules or creating false document, the applicant shall refund the amount received as stipend till then with 12% interest per annum to the Fund.
In case of the President/Secretary of the Bar Association or the Advocate under whom the applicant practices, falsely certifies that the applicant is in actual practice as defined in these rules, the person issuing said false certificate shall be liable for criminal prosecution and suo-moto disciplinary proceedings for professional misconduct under the Advocates Act, 1961.
Kerala Government Vide Order dated March 9, 2018, sanctioned a monthly stipend of ₹5000/- for junior lawyers of a specified category, payable out of the Welfare Fund created under Kerala Advocate's Welfare Fund Act, 1980.
However, it wasn't implemented even after same and in view of the same, a Lawyer had recently moved the Kerala High Court seeking assistance for lawyers suffering from the Covid-19 crisis.
Read Rules Here:
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