Up to Rs.5000 Per Month Stipend For Junior Lawyers: Kerala Bar Council Notifies Advocates' Stipend Rules, 2021

The Bar Council of Kerala has notified The Kerala Advocates' Stipend Rules, 2021 in exercise of its powers conferred by section 27 read with section 9(2)(gi) of the Kerala Advocates' Welfare Fund Act, 1980.

The Rules stipulate that the stipend to lawyers may be disbursed from the Fund by the Trustee Committee on a monthly basis or at such intervals as decided by the Trustee Committee and shall be paid into the bank account of the applicant.

The Trustee Committee, from time to time, with the prior approval of the Government, shall determine the amount of stipend payable to an advocate not exceeding ₹ 5000 per month.

According to 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 these rules shall submit the application for stipend in Form I, along with the documents to support their eligibility subject to certain conditions.

The Rules also 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.

The applicant shall declare in Form V that in the event of furnishing false information in the Forms under these rules or creating a false document, 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 Rs.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 the event 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 such false certificate shall be liable for criminal prosecution and suo-moto disciplinary proceedings for professional misconduct under the Advocates Act, 1961.

Vide order dated March 9, 2018, the Kerala Government had sanctioned a monthly stipend of Rs.5000/- for junior lawyers of a specified category, payable out of the Welfare Fund created under Kerala Advocate's Welfare Fund Act, 1980.

However, despite years of this sanction, it was not implemented and Advocate Dheeraj Ravi through Advocate Manu Ramachandran had recently moved the Kerala High Court seeking assistance for lawyers suffering from the Covid-19 crisis. This matter was closed today by Justice P.V. Kunhikrishnan with the Judge recording that the Court was happy with the enactment of the Rules. 

Click Here To Read/Download The Rules