Observing that the present circumstances warranted immediate amendments to the Advocates’ Welfare Fund Act, 1974, to enable Bar Council of Tamil Nadu and Puducherry (BCTNP) to release funds held in trust to the advocates, the Madras High Court asked the council to be more aggressive and not be content with just paying Rs 4,000 per advocate.
Chennai: A division bench comprising Justice M Sathyanarayanan and Justice Anita Sumanth made the observation while closing a PIL moved by senior advocate AE Chelliah, seeking a relief of Rs 50,000 each to advocates and Rs 25,000 each to registered advocate clerks in view of the lockdown.
“While there may be no provision available as of now to provide for interim payments, the present circumstances warrant urgent and immediate amendments to the provisions of the Act/relevant Rules to enable the BCTNP to release some portion of the funds held in trust by the Welfare Fund to the advocates, as an interim measure,” the bench said.
This was the strong and urgent recommendation of the bench, it said, urging BCTNP, BCI and State government to take necessary action. “The absence of a specific and enabling rule in the State regulations, though an immediate barrier, can and, in our recommendation, must, be inserted by way of an amendment at the earliest, to provide for interim pay-outs to needy advocates in these dark and difficult days,” the bench led by Justice Sathyanarayanan said.
The bench then directed the respondents to consider their recommendation in the proper spirit, and take positive and necessary action at the earliest.
As on April 23, the welfare fund had Rs 1.23 crore balance and the Advocates Relief Fund had Rs 5 crore credit available. Of the 65,000 advocates enrolled with BCTNP, 12,215 were found eligible for relief. After the State conceded the council’s request and issued an initial grant, 12,000 advocates were given Rs 4,000 each on May 18.
Though closed, the plea is set to be taken up on July 1 for recording compliance.
“While there may be no provision available as of now to provide for interim payments, the present circumstances warrant urgent and immediate amendments to the provisions of the Act/relevant Rules to enable the BCTNP to release some portion of the funds held in trust by the Welfare Fund to the advocates, as an interim measure,” the bench said.
This was the strong and urgent recommendation of the bench, it said, urging BCTNP, BCI and State government to take necessary action. “The absence of a specific and enabling rule in the State regulations, though an immediate barrier, can and, in our recommendation, must, be inserted by way of an amendment at the earliest, to provide for interim pay-outs to needy advocates in these dark and difficult days,” the bench led by Justice Sathyanarayanan said.
The bench then directed the respondents to consider their recommendation in the proper spirit, and take positive and necessary action at the earliest.
As on April 23, the welfare fund had Rs 1.23 crore balance and the Advocates Relief Fund had Rs 5 crore credit available. Of the 65,000 advocates enrolled with BCTNP, 12,215 were found eligible for relief. After the State conceded the council’s request and issued an initial grant, 12,000 advocates were given Rs 4,000 each on May 18.
Though closed, the plea is set to be taken up on July 1 for recording compliance.