The Bar Council of India has approved the proposed financial assistance scheme for Needy Lawyers amid COVID19 pandemic registered under Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim.
The Secretary of Bar Council of India, Srimanto Sen has written a letter addressing to the Secretary, Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim with respect to the Approval of the Rules framed by the Bar Council of Assam, Nagaland,Mizoram, Arunachal Pradesh and Sikkim, COVID 19 Financial Assistance Scheme for Needy Lawyers under Section 15(3) of the Advocates Act,1961 and approval/no objection to the resolution of the Bar Council of Assam to Transfer Rs.55 Lakhs from its State Bar Council to the fund created/to be created under the above referred Financial Scheme.
The reference was made to the letter received From H. R. A. Choudhury, Chairman, Bar Council of Assam, Nagaland & Ors which had referred to a Council Resolution passed on 23rd April, 2020, and to a modification of the same Council Resolution by circulation which was done after 30th April, 2020, whereby the above referred Rule/ Financial AssistanceScheme was passed and the above referred Resolution was taken.
It was observed that “The Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh, and Sikkim, Covid 19 Financial Assistance Scheme” for Needy Lawyers which was finalised by a Committee of 9 members created by Assam Bar Council vide it’s decision/minutes of 25.04.2020, was resolved by way of circulation after30.04.2020, by the Bar Council of Assam, to be approved and was further resolved to be kept in abeyance till the approval of the same by the Bar Councilof India, in terms of Section 15(3) of the Advocates Act, 1961, which states that any such Rule as has been framed by way of the above referred scheme cannotcome into effect till it is approved by the Bar Council of India.”
The General Council of the Bar Council of India, also considered the resolution of the Bar Council of Assam passed on 23.04.2020 whereby the Bar Council ofAssam had resolved to transfer Rs.55 lakhs, out of its State Bar Council Fund to such fund created/ to be created under the financial scheme referred to above, and which was reiterated in the resolution of Bar Council of Assam passed bycirculation after 30.04.2020, as is evidenced from the afore referred letter dated 08.05.2020”, mentioned in the letter on 11th May. 2020.
Therefore, the Bar Council of India has approved “The Bar Council of Assam,Nagaland, Mizoram, Arunachal Pradesh, and Sikkim, Covid 19 Financial Assistance Scheme” for Needy Lawyers framed and resolved to be approved by Assam Bar Council, subject to the approval of the Bar Council of India. The Bar Council of India, also approved and has no objection to the Bar Council of Assam’s resolution referred to above, on the aspect of the Bar Council ofAssam, transferring Rs.55 lakhs from its State Bar Council fund to the fund created/to be created under such financial scheme.
As per the Financial Scheme of Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh, and Sikkim, the scope of assistance was mentioned, whereby it says that
“The Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh & Sikkim has created a fund by the name of “Bar Council of Assam, etc. Covid–19 Financial Assistance Fund” for granting assistance to needy advocates enrolled with it. The moneys received by the said Bar Council for the fund, either by way of donations, grants, gifts, benefactions, etc. or transfer from other funds of the said Bar Council or from the Bar Council of India or the Advocates Welfare Fund would be kept in a specific bank account opened and maintained with the State Bank of India or a nationalised scheduled commercial bank and all disbursements and payments made under this scheme would be paid out from that bank account.
At present, an amount upto Rs. 5,000/- would be given as a one-time measure of financial assistance from the said Bar Council of Assam, etc. Covid–19 Financial Assistance Fund to needy and eligible Advocates enrolled with the Bar Council of Assam, Nagaland,Mizoram, Arunachal Pradesh & Sikkim, who apply for the same in the prescribed format, upon selection by the said Bar Council under this scheme for being granted the assistance in accordance with this scheme. If any further assistance is to be given, the same may be decided by the said Bar Council later on, depending on any further developments and/or requirements”.
Later it also describes the eligibility criteria for the financial aid, which is
1. The applicant should be enrolled with the Bar Council of Assam, Nagaland,Mizoram, Arunachal Pradesh & Sikkim.
2. The applicant should be in active practice.
3. The applicant should not be an income tax payee. (If the applicant is exemptedfrom payment of income tax, he/she shall have to clearly declare the same.)
4. The applicant should not have any other source of income.
5. The applicant should not be in receipt of any pension or any kind of remittancefrom any company / bank / Public Sector Undertaking / Government / semi –Government / body / authority / institution / university / college, etc.
6. The applicant should not be dependent on his/her parent(s) and if the applicant ismarried, his/her spouse should not have any source of income, pension or anykind or remittance.
7. The applicant should not have a total savings of more than Rs. 30,000/- as on 15March 2020. The total savings include savings in all bank accounts of the applicantand cash in hand with the applicant.
8. The applicant should have passed the All India Bar Examination (‘AIBE’ in short), ifthe AIBE is mandatory for him/her.
9. The applicant should not be a Standing Counsel / Government Advocate /Government Pleader / Public Prosecutor / Additional Public Prosecutor / AssistantPublic Prosecutor / Retainer Advocate / Counsel, etc. of any company / bank /Public Sector Undertaking / Government / semi–Government / body / authority /institution / university / college, etc. or a Notary.
10. The applicants who have not received any sort of assistance / aid / benefit from any Bar Association due to the COVID19 pandemic shall get preference under the scheme.
Read Bar Council of India Approval Here;
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