THE PUNJAB ADVOCATES BENEVOLENT FUND RULES, 2023

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THE PUNJAB ADVOCATES BENEVOLENT
FUND RULES, 2023

[Gazette of Punjab, Weekly, Part-III, 25th October, 2023]

WHEREAS it is expedient to establish a fund for the common benefit of the Punjab Advocates and to provide for subscription thereto and for the manner of its management and regulation.

Now, therefore, the Punjab Bar Council, in exercise of the powers conferred on it by Section 56 clause (f) of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) read with Section 62 of the said Act, hereby makes the following rules:–

CHAPTER – I
PRELIMINARY

1.1. These rules shall be called the Punjab Advocates Benevolent Fund Rules, 2023.

1.2. These Rules shall come into force at once from 07.10.2023.

1.3. In these Rules, unless there is anything repugnant in the subject or context:-

(a) “Act” means the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973);

(b) “Advocate” means an Advocate whose name is borne on the Rolls of Punjab Bar Council and the Register maintained under these Rules;

(d) “Committee” means the Benevolent Fund Committee of Punjab Bar Council;

(e) “Family” means the Legal heirs of the deceased Advocate according to the personal law of the Advocate;

(f) “Form” means the form appended to these Rules;

(g) “Rules” means the Punjab Advocates Benevolent Fund Rules;

(h) “Vice-Chairman” means the Vice-Chairman of the Punjab Bar Council.

1.4. The terms, words and phrases not defined herein shall, wherever the context so permits, have to same meaning as is assigned to them under the Act.

CHAPTER – II
CONSTITUTION OF THE FUND

2.1. There shall be constituted a Benevolent Fund, (hereinafter called the Fund) comprising as under:–

(a) Advocates (Security) Benevolent Fund, (hereinafter called Security Fund).

2.2. An applicant for being enrolled as an advocate shall make contribution at the following rates of the Fund:-

(i) Under the age of 25 years Rs. 10,000/-

(ii) Under the age of 30 years Rs. 15,000/-

(iii) Under the age of 35 years Rs. 20,000/-

(iv) Under the age of 40 years Rs. 30,000/-

2.3 No advocate shall be entitled to make the contribution in Benevolent Fund after attaining the age of 40 years.

2.4. To the credit of the Fund shall be placed:-

(a) All sums paid by the Advocates as contribution to the Fund;

(b) all grants made by the Federal or Provincial Governments, autonomous bodies, organizations, institutions or other authorities; and

Provided that 10 percent of Govt. grant (without specific purpose) received by Bar council will be transferred to the benevolent fund Accounts for fixed deposits only. (Long Term Deposit / Certificates of National Savings)

2.5. Out of annual income accrued from the investments of the Fund received, shall be allocated to the Security Fund and Refund Claims to the Advocates who will be attained the age of 70 years.

2.6. The amount credited to the Benevolent Fund shall be utilized for:

(a) Payment of amounts under the Rules;

(b) The purposes authorized by the Act and the Rules;

(d) No meeting expenditures of Benevolent Committee of the Bar Council and its management will be allowed from the benevolent fund accounts;

(e) No Salary or allowances (Gratuity, C.P. Fund, Leave encashment or any other allowances of employees) be given to any employee of Punjab Bar Council or Benevolent Fund Section from the Benevolent Fund accounts or any account operated under the Benevolent Fund Committee;

(f) Salary of employees of Benevolent Section will be paid from the accounts of the Punjab Bar Council;

(g) No loan facility of any type be given from the Benevolent Fund accounts or any account operated under the Benevolent Fund Committee;

CHAPTER – III
ACCOUNTS AND AUDIT

3.1. The fund shall be managed by the Benevolent Fund Committee which shall function under the supervision and control of the Bar Council.

3.2. The receipts and expenditure shall be separately entered in respect of the Security Fund and the Refund Claim in a Cash Book to be maintained in the manner provided by the Punjab Legal Practitioners and Bar Council Rules, 2023.

3.3. The Fund shall be kept in such bank or invested in such securities as may be approved by the Bar Council.

3.4. The bank account shall be operated by the Vice-Chairman and Chairman Benevolent Fund Committee jointly, or by any two members of Punjab bar council authorized by bar council as they may authorize.

3.5. The accounts shall be audited in the manner prescribed by the Punjab Legal Practitioners and Bar Council Rules, 2023, through QCR rating audit companies, according to the International Standards on Auditing as adopted in Pakistan.

3.6. The Audited Annual Statement of Account of the Fund shall be laid before the first meeting of the Bar Council held after 1st March of every year.

3.7. Bar Council may examine the accounts at any time as it deems fit.

3.8. Annual Audit report be put before the general house of the Punjab Bar Council in the next ensuing meeting.

3.9. A summary of such statement may be provided to the recognized bar association and member Punjab Bar Council on request.

CHAPTER – IV
ADVOCATES (SECURITY) BENEVOLENT FUND

4.1. (1) An advocate after attaining the age of seventy
(70) years, will be entitled of Hundred (100) percent of his
total entitlement/claim as per his / her deposited amount in his life time.

Provided that Advocate himself / herself shall be paid out of the Security Fund:-

Rs. 35,000/-, if the Advocate is the annual contributory of the funds or,
Rs. 40,000/-, if the Advocate made the lump sum contribution of
Rs. 1,000/- only or,
Rs. 60,000/-, if the Advocate had made the contribution of Rs. 2,000/-
(i) Rs. 60,000/-, if the Advocate had made the contribution of Rs.2,500/- &

(ii) Rs. 100,000/-, if the Advocate had made the contribution of Rs. 3,000/-

Rs. 300,000/-, if the Advocate had made the contribution according to Rule 2.2:

Provided further that double amount shall be paid if the Advocate or the applicant had deposited double contribution under Rule 2.2.

(2) Total entitlement (100 %) shall be paid to the legal heirs of the deceased Advocate as his / her death claim as per his / her personal law.

Provided that death claim will be paid to the legal heirs of the deceased Advocate as:-

Rs. 35,000/-, if the deceased Advocate was the annual contributory of the funds or,
Rs. 40,000/-, if the deceased Advocate made the lump sum contribution of Rs. 1,000/- only or,
Rs. 60,000/-, if the deceased Advocate had made the contribution of Rs. 2,000/-
(i) Rs. 60,000/-, if the deceased Advocate had made the contribution of Rs.2,500/- &

(ii) Rs. 100,000/-, if the deceased Advocate had made the contribution of Rs. 3,000/-

Rs. 300,000/-, if the deceased Advocate had made the contribution according to Rule 2.2:

Provided further that double amount shall be paid to the legal heirs if the deceased Advocate had deposited double contribution under Rule 2.2.

4.2. (1) If an advocate has been permanently incapacitated physically or mentally (Life threatening condition) to discharge his professional duties as declared by the district standing medical board of concerned district. Punjab Bar Council will pay full claim of his entitlement, but not less than one lac rupees as mentioned in aforementioned first proviso of Rule 4.1(1) (a), (b), (c) & (d)(i)(ii).

(2) Advocate will surrender his practicing licence to the bar council, at the time of receiving the claim cheque due to permanently incapacitated physically or mentally.

(3) Benevolent fund committee will ensure the delivery of cheque to his name or any other related person of the advocate, and surrender of practicing licence.

(4) Advocate and his legal heirs neither claim nor entitle the second/further claim of benevolent fund.

(5) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Pakistan or abroad.

(6) That double amount shall be paid if the Advocate or the applicant had deposited double contribution under Rule 2.2.

(7) The payment out of the security fund under these Rules shall be made on the production of the medical certificate duly attested by the district standing medical board.

4.3. (1) Advocate, who is suffering the disease of cancer (Life threatening condition, but not early stage) will be entitled of 100% of his/her total entitlement/claim as per his / her deposited amount / share as per rule 2.2 in his life time as benevolent fund share.

(2) If an advocate is suffering the disease of cancer, he will submit his claim in his life time and annex the report of one government hospital and Shoukat Khanam Hospital or Agha Khan Hospital or any other Hospital who is providing the medical treatment to the cancer patient in Pakistan.

(3) Benevolent fund committee of Punjab Bar Council will satisfy itself after receiving the medical reports of cancer disease.

(4) Benevolent fund committee may call the verification report of the Medical reports submitted by the advocate from the concerned medical hospital.

(5) Benevolent Fund Committee after approval of the benevolent fund claim, put his report alongwith all medical certificates, verification reports before the General house of the Punjab Bar Council. Punjab Bar Council will approve the final claim in its meeting. No cheque will be issued without the approval of the Bar Council.

(6) Benevolent fund committee will ensure the delivery of cheque to his name or any other related person of the advocate as per his own request.

(7) Advocate and his legal heirs, neither claim nor entitle the second / further claim of benevolent fund.

(8) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Punjab / Pakistan or any public/government or private hospitals, even from abroad.

(9) An Advocate will note surrender his practicing license to the Punjab Bar Council after receiving the claim of Benevolent Fund.

4.4. (1) Advocate, who is suffering the disease of Liver Transplant (Life threatening condition), Kidney transplant (Life threatening condition), Kidney Dialyses (Life threatening condition and dialyses in routine) and heart surgery (Life threatening condition, but not stent treatment) will be entitled of 100% of his/her total entitlement/claim as per his/her deposited amount in his life time as benevolent fund share / claim according to the deposited share / amount under rule 2.2.

(2) If an advocate is suffering the disease of Liver Transplant, Kidney Dialyses and heart surgery, he will submit his claim in his life time and attach the report of one government hospital and Shoukat Khanam Hospital or Agha Khan Hospital or any other Hospital who is providing the medical treatment in Pakistan or abroad.

(3) Benevolent fund committee of Punjab Bar Council will satisfy itself after receiving the medical reports.

(4) Benevolent fund committee may call the verification report of the Medical reports submitted by the advocate from the concerned medical hospitals.

(6) Benevolent fund committee will ensure the delivery of cheque to his name or to his nominated person.

(7) Advocate and his legal heirs, neither claim nor entitle the second/further claim of benevolent fund.

(8) Benevolent fund committee will call the medical reports from the hospital through medical superintendent concerned. In case, benevolent fund committee needs any medical assistance or report, committee may call the assistance from the secretary health or any concerned senior officials of health department in Punjab/Pakistan or any public/government or private hospitals or abroad.

(9) An Advocate will not surrender his practicing license to the Punjab Bar Council after receiving the claim of Benevolent Fund under this Rule.

4.5. If an advocate has received payment of claim on account of permanent incapacitation physically or mentally (Life threatening condition) under Rule 4.2, he shall cease to be member of the scheme.

4.6. Payment of death claim of the Benevolent Fund Scheme be paid to the legal heirs of the deceased advocate by the approval of Benevolent Fund Committee and matter shall be placed in next meeting of the general house.

4.7. On the death of an Advocate the amount out of the Security Fund, shall be paid to legal heirs of the Advocate as per his / her personal law.

4.8. (1) In case of any final order or judgment or decree passed by Court of competent jurisdiction, the committee shall follow it.

(2) Applicant (legal heir of the deceased, and in favour of his, death claim of the deceased advocate is accepted), is remained duty bound to return the amount of death claim, if court of competent jurisdiction pass any order / judgment in favour of other legal heirs, whatever. may be. Punjab Bar Council may recover the said amount as arrears of land revenue.

4.9. In case of dispute about the date of birth or date of death, then date mentioned on the matriculation certificate, C.N.I.C., or death register of govt. department, will be followed. In case of confliction in both, the committee may examine the record, probe it and decide the matter in accordance with law.

4.10. If an advocate deposited less amount of benevolent fund fee, then the committee after examining the record, may reduce the amount of claim while considering the policy of proportionate.

4.11. Bar Council shall at least once a year examine the finances of the Benevolent Fund and as a result of such examination may increase or decrease the contribution payable under Rule 2.2, or may increase the amount payable under Rule 4.1.

4.12. Benevolent fund committee will submit the details of all accounts (including all fixed and current deposits) to the bar council in the annual budget meeting separately.

CHAPTER – V
MISCELLANEOUS

5.1. Every Advocate shall alongwith his first contribution due under these Rules make an application online for registration under these Rules in Form ‘A’.

5.2. A Register containing the names of Advocates shall be nominated in Form ‘B’.

5.3. Claims under Chapter – IV shall be in Form ‘C’.

5.4. Application under Chapter – IV shall be in Form ‘D’.

5.5 The Advocates who was enrolled on the role of the Punjab Bar Council as an advocate, prior to the establishment of the Islamabad Bar Council (18.06.2014,) and had been transferred from the role of the Punjab Bar Council to the role of Islamabad Bar Council, can file their maturity claims after attaining the age of superannuation and in case of death, their legal heirs can submitted their death claims to the Punjab Bar Council, through Islamabad Bar Council.]

5.6. The Punjab Advocate Benevolent Fund Rules 1974 is hereby repealed.

FORM ‘A’
APPLICATION FOR REGISTRATION AS CONTRIBUTORY TO THE (PUNJAB) ADVOCATES BENEVOLENT FUND UNDER RULE 5.1

Name: _______________________________________________________

Father’s/Husband’s Name: _____________________________________

Date of Birth:_________________________________________________

Date/Year of enrolment as an Advocate: __________________________

Date/Year of enrolment as Advocate of High Court: ________________

Ordinary place of practice: _____________________________________

Name of Bar Association of which applicant is member: ____________

Date of application:____________________________________________

Signature

———————–

FORM ‘B’

REGISTER OF BENEVOLENT FUND UNDER RULE 5.2

District _____________

Registered No. _________

Name of Advocate:_____________________________________________

Father’s/Husband’s Name: _____________________________________

Address: _____________________________________________________

Date of Birth:_________________________________________________

Cell Number: _________________________________________________

Date of attaining 70 years ______________________________________

Date/Year of enrolment as an Advocate: __________________________

Date/Year of enrolment as Advocate of High Court: ________________

Ordinary place of practice: _____________________________________

Name of Bar Association of which applicant is member: ____________

Date of Claim: ________________________________________________

Decision of Claim: _____________________________________________

Date Claim received: __________________________________________

Payment of Security Fund: _____________________________________

Date of death: ________________________________________________

Final payment: _______________________________________________

Remarks: ____________________________________________________

PARTICULAR OF PAYMENT
Year Amount Paid Initials]

———————–

FORM C

CLAIM UNDER CHAPTER – IV
UNDER RULE 5.3.

Name of Advocate: ____________________________________________

Date of Death: ________________________________________________
(Attach death certificate attested by the Member Punjab Bar Council/ President Bar Association).

Name of Applicant: ____________________________________________

_____________________________________________________________

Mobile No. ___________________________________________________

As per directions of the Benevolent Fund Committee, you are asked to furnish the following documents:-

1. Copy of Death Certificate of the deceased advocate.

2. Copies of CNIC & Identity Card, Issued by the Bar Council, to the deceased advocate.

3. Condolence resolution of the Bar Association, passed on the sad demise of the deceased advocate.

4. List of Legal Heirs of the deceased advocate alongwith copies of their CNIC and status of the Parents of deceased advocate and their consent on affidavits regarding issuance of cheque in favour of applicant.

5. Succession issued from the Competent Court of Jurisdiction.

6. In case of minors, Guardianship Certificate be also issued from the Competent Court of Jurisdiction with the permission to collect the share of the minors from Bar Council.

NOTE: ALL THE ABOVE SAID DOCUMENTS SHOULD BE ATTESTED BY THE CONCERNED MEMBER PUNJAB BAR COUNCIL.

SIGNATURE: ________

ADDRESS: ___________

_______________________

______________________

P/ADDRESS: _________

______________________

ATTESTED
MEMBER PUNJAB BAR COUNCIL]

FORM ‘D’

DESCRIPTION OF DEATH CLAIMS UNDER RULE 5.4

Name of Advocate:_______________________________________
Father’s/Husband’s Name: ________________________________
Station:_________________________________________________
Date of Death:___________________________________________
Date of Birth:____________________________________________
Age at the time of Death:__________________________________
Security claim received on: _______________________________
Security claim attested by:________________________________
Resolution of the Bar: ____________________________________
Renewal Section’s Report:_________________________________
Payment on record verified:_______________________________

By the Accountant _______________________________________

Decision of the Committee ________________________________
Decision of the Bar Council if any__________________________
Amount of the Claim Payable: ____________________________ ]

Khawaja Qaisar Butt
Chairman Rules Committee
Punjab Bar Council

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