KERALA HIGH COURT ADVOCATES’ WELFARE FUND TRUST

SOCIAL SECURITY SCHEME – 1

A Scheme formulated by the Kerala High Court Advocates’ Welfare Fund Trust for rendering financial benefits to the members of the Trust  and their family, in exercise of the powers conferred to the Trust as per clause XIV of the Deed of Trust.

1. Aims & Objectives: In addition to the general aims and objectives of the Kerala High Court Advocates’ Welfare Fund Trust hereinafter referred to as the ‘Welfare Fund Trust’ or ‘The Trust’, the Social Security Scheme-1 has the following aims and objectives
2. The primary objective of the Scheme is to give financial support to the bereaved family of a member of the Trust in the event of his/ her death.
3. To render financial assistance to the members of the Trust in appropriate cases for the treatment for critical illnesses. The critical illnesses for the purpose of this Scheme shall be are those specified in the Schedule appended herein.
4. Membership:

(a) A member of the Welfare Fund Trust, who has not crossed the age of 65 years on the first day of April of the year in which the application for membership is submitted is entitled to be enrolled in the scheme.

Provided that the age limit of 65 years shall not be applicable to the Donor Members, if such members submit their applications for enrolment, within one year from the date of commencement of this Scheme.

Provided further that the members of the Trust who had received any employment terminal benefits shall not be entitled for the benefits under this scheme.

(b) For the purpose of this Scheme a ‘member’ means any person who has been admitted as a member of the Welfare Fund Trust by the Board of Trustees as a donor member or a life member or an ordinary member who pays the regular annual contribution to the Scheme and who is not a defaulter.

3. Benefits & Eligibility for benefits of the Scheme: The members of the Kerala High Court Advocates’ Welfare Fund Trust shall be eligible for the benefits of this Scheme subject to the following conditions:
4. All donor members and all life members of the Welfare Fund Trust subject to the clause 2 herein above, shall be eligible for the benefit without any additional payment of annual subscription or any other fee.
5. All ordinary members of the Welfare Fund Trust who have paid the annual subscription fee at the appropriate rate on or before the 1st day of April of the relevant year.
6. The benefits under the Scheme shall be payable to a member, only if he/she subscribes to the Scheme continuously for 3 years from the date of his/her entry into the Scheme subject to the provisions in sub-clause (a) above.
7. Subject to the other clauses of this Scheme, a legal heir/ heirs or a nominee of an eligible member who expires during the tenure of the Scheme is entitled to get an amount of Rs. 3 lakhs (Rupees Three Lakhs only) from the Trust.
8. However, in case of a member who dies within 3 years of his enrollment into the scheme, the legal heir/heirs or nominees is/are entitled for the benefit on prorata basis depending on the number of days for which he has completed his membership in the scheme.
9. Notwithstanding anything contained in this clause, the Board of Trustees upon an application received from a member of this Scheme may disburse financial assistance in case of diagnosis and management of critical illness to a member for the purpose of his/her treatment or to meet the expenses incurred by him/her for his/her treatment, but such amount shall not exceed an amount of Rs. 50,000/- ( Rupees Fifty Thousand only).

Provided that, such member of the Scheme has a minimum of five consecutive years’ membership, from his/her date of entry in to the Scheme. Provided further that a member shall not be eligible for the benefits under this sub clause more than once during his/her term of membership in this Scheme.

Provided also the amount so disbursed shall be deducted from his/her final entitlement as per clause 3(d)

4. Subscription: – Except donor members and life members all other members shall pay the annual subscription fee at the following rates;

5. Payment of Subscription: Subscription shall be paid in advance on or before 20^th November, every year. Default in payment of subscription will carry interest at the rate of 10% p.a. on the defaulted amount, until payment. In case of continuous default for more than two consecutive years, a re-admission fee of Rs.500/- shall be payable by such member.
6. Cessation from membership: A member of this Scheme will cease to be a member on his/her
7. resignation in writing ; or
8. committing default in payment of subscription fee for a continuous period of three years; or
9. removal from the roll of the State Bar Council; or
10. Suspension of practice by the member on account of accepting employment or any other avocation; or
11. removal from the membership of the Kerala High Court Advocates’ Association
12. Refund:
13. If a member voluntarily withdraws from the Scheme, either by default in the payment of subscription or for any other reason within 10 years of his entry into the Scheme, he/she will not be entitled for refund of either the membership fee or the subscription fee.
14. In case a member gets his/her right to practice suspended by approaching the Bar Council of Kerala or his/her enrolment is struck off by the State Bar Council for any reason whatsoever, within 5 years of his/her entry into the Scheme he/she shall be entitled only in to the Scheme 50% of the amount paid by him/her, as membership fee and subscription fee. If such suspension or striking off occurs after 5 years of his/her entry into the Scheme, such member will be entitled to get refund of 80% of the amount he/she has already paid, as membership fee and subscription fee, as on the date of such cessation of membership in the Scheme.
15. In all other cases a member shall be entitled only for refund of 25% of the amount which he/she has paid, as membership fee and subscription fee, if he/she has been a member in the Scheme continuously for 10 years.
16. Termination of Membership: The membership of any member in the Scheme may be terminated by the Board of Trustees, for any valid reason. Provided that, no such termination shall be made without affording such member an opportunity of being heard by the Board of Trustees or by a sub-committee constituted by the Board of Trustees for such hearing. However the Board of Trustees shall place the decision for termination for the ratification by the General Body of the Trust, before implementing the same.
17. Re-admission: A person who ceases to be a member as per clause 7(a) or (d) above may be readmitted into the Scheme, if he/she is later found eligible for the membership by the Board of Trustees. Such person shall be readmitted only on payment of a re-admission fee of Rs. 5,000/- (Rupees Five thousand only) and the arrears of subscription amount, if any which he/she would have ordinarily paid, had his/her membership not ceased.
18. Amendment: The Board of Trustees on a decision taken by 2/3^rd majority of the members present in a meeting specifically convened for the purpose,  has the power to propose any amendment to this Scheme subject to the provisions of clauses  XIV, XVIII and XIX of the Deed of Trust of the  Welfare Fund Trust.
19. Special Powers of Board of Trustees: The quantum of amount/ amounts to be paid consequent on the death of a member or under any other contingency shall be decided by the Board of Trustees from time to time on the basis of the financial stability and functional viability of the Scheme. The Board of Trustees shall place any such decision for the approval of the General Body of the Trust.

Provided that such amount or amounts decided by the Board of Trustees shall not be an amount in excess of the amount stipulated in clause 3 (d) of the Scheme.

12. This Scheme shall be managed by the Board of Trustees of the Kerala High Court Advocates Welfare Fund Trust and shall come into force at once. 

THE SCHEDULE

Critical illness means any of the following illnesses

1. Myocardial Infarction
2. Cerebral vascular accident/stroke

• Malignant Neoplasm / Cancer

1. Transplantation of Liver, Kidney and Heart
2. Quadriplegia